Senate File 453 - Introduced SENATE FILE 453 BY KOELKER A BILL FOR An Act allowing the electronic publication of certain public 1 notices by certain governmental bodies and officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2414XS (2) 89 js/ns
S.F. 453 Section 1. NEW SECTION . 273.17 Electronic publication of 1 public notices. 2 1. a. When an area education agency is required by 3 statute to publish a notice, action, or other information in 4 a newspaper of general circulation, the area education agency 5 may, in lieu of such requirements, publish the notice, action, 6 or other information in its entirety on the area education 7 agency’s internet site, if the area education agency maintains 8 an internet site. 9 b. Each area education agency affected by this section 10 shall, by official action, identify each type of notice, 11 action, or information that may be published on the area 12 education agency’s internet site in lieu of newspaper 13 publication and shall identify the location of the area 14 education agency’s office where such notices, actions, or 15 information will be available for public inspection. 16 2. A notice, action, or other information posted by an 17 area education agency on the area education agency’s internet 18 site pursuant to this section shall include all information 19 otherwise required to be contained in the publication and 20 shall comply with all requirements relating to the date of 21 publication. 22 3. In posting and maintaining a notice, action, or other 23 information on an area education agency’s internet site, the 24 area education agency shall satisfy all of the following 25 requirements: 26 a. The internet site shall be available and easily 27 accessible at all times by the public. 28 b. The public shall not be charged for access to any notice, 29 action, or other information posted on the internet site 30 pursuant to this section. 31 c. The notice, action, or other information posted on the 32 internet site pursuant to this section shall be maintained 33 and accessible through the same internet site address for as 34 long as required by law or as long as such information is 35 -1- LSB 2414XS (2) 89 js/ns 1/ 8
S.F. 453 customarily maintained by the area education agency, whichever 1 is longer. 2 4. A notice, action, or other information posted on an 3 internet site pursuant to this section by an area education 4 agency shall also be made available by the area education 5 agency in a paper format in the office of the area education 6 agency as identified pursuant to subsection 1, paragraph “b” . 7 5. Compliance with the requirements of this section 8 shall constitute compliance with the newspaper publication 9 requirements applicable to the area education agency relating 10 to the notice, action, or other information posted on an 11 internet site pursuant to this section. 12 6. An area education agency shall provide a method by 13 which persons may opt to receive notices, actions, or other 14 information by electronic mail. Electronic mail addresses 15 possessed by an area education agency pursuant to this 16 subsection are not public records and are not subject to 17 disclosure under chapter 22. 18 Sec. 2. NEW SECTION . 274.8 Electronic publication of public 19 notices. 20 1. a. When a school district is required by statute to 21 publish a notice, action, or other information in a newspaper 22 of general circulation, the school district may, in lieu 23 of such requirements, publish the notice, action, or other 24 information in its entirety on the school district’s internet 25 site, if the school district maintains an internet site. 26 b. Each school district affected by this section shall, 27 by official action, identify each type of notice, action, or 28 information that may be published on the school district’s 29 internet site in lieu of newspaper publication and shall 30 identify the location of the school district’s office where 31 such notices, actions, or information will be available for 32 public inspection. 33 2. A notice, action, or other information posted by a school 34 district on the school district’s internet site pursuant to 35 -2- LSB 2414XS (2) 89 js/ns 2/ 8
S.F. 453 this section shall include all information otherwise required 1 to be contained in the publication and shall comply with all 2 requirements relating to the date of publication. 3 3. In posting and maintaining a notice, action, or other 4 information on a school district’s internet site, the school 5 district shall satisfy all of the following requirements: 6 a. The internet site shall be available and easily 7 accessible at all times by the public. 8 b. The public shall not be charged for access to any notice, 9 action, or other information posted on the internet site 10 pursuant to this section. 11 c. The notice, action, or other information posted on the 12 internet site pursuant to this section shall be maintained 13 and accessible through the same internet site address for as 14 long as required by law or as long as such information is 15 customarily maintained by the school district, whichever is 16 longer. 17 4. A notice, action, or other information posted on an 18 internet site pursuant to this section by a school district 19 shall also be made available by the school district in a paper 20 format in the office of the school district as identified 21 pursuant to subsection 1, paragraph “b” . 22 5. Compliance with the requirements of this section 23 shall constitute compliance with the newspaper publication 24 requirements applicable to the school district relating to the 25 notice, action, or other information posted on an internet site 26 pursuant to this section. 27 6. A school district shall provide a method by which persons 28 may opt to receive notices, actions, or other information by 29 electronic mail. Electronic mail addresses possessed by a 30 school district pursuant to this subsection are not public 31 records and are not subject to disclosure under chapter 22. 32 Sec. 3. NEW SECTION . 331.305A Electronic publication of 33 public notices. 34 1. For purposes of this section, “county legislative body” 35 -3- LSB 2414XS (2) 89 js/ns 3/ 8
S.F. 453 means a county board of supervisors or a similar legislative 1 body for an alternative form of county government identified 2 in section 331.231. 3 2. a. When a county legislative body or county officer 4 is required by statute to publish a notice, action, or other 5 information in a newspaper of general circulation, the county 6 legislative body or county officer may, in lieu of such 7 requirements, publish the notice, action, or other information 8 in its entirety on the county’s internet site, if the county 9 maintains an internet site. 10 b. Each county legislative body or county officer affected 11 by this section shall, by rule, ordinance, resolution, or 12 other official action, as appropriate, identify each type of 13 notice, action, or information that may be published on the 14 county’s internet site in lieu of newspaper publication and 15 shall identify the location of the county legislative body’s 16 or county officer’s office where such notices, actions, or 17 information will be available for public inspection. 18 3. A notice, action, or other information posted by a county 19 legislative body or county officer on a county’s internet 20 site pursuant to this section shall include all information 21 otherwise required to be contained in the publication and 22 shall comply with all requirements relating to the date of 23 publication. 24 4. In posting and maintaining a notice, action, or other 25 information on a county’s internet site, the county legislative 26 body or county officer shall satisfy all of the following 27 requirements: 28 a. The internet site shall be available and easily 29 accessible at all times by the public. 30 b. The public shall not be charged for access to any notice, 31 action, or other information posted on the internet site 32 pursuant to this section. 33 c. The notice, action, or other information posted on the 34 internet site pursuant to this section shall be maintained 35 -4- LSB 2414XS (2) 89 js/ns 4/ 8
S.F. 453 and accessible through the same internet site address for as 1 long as required by law or as long as such information is 2 customarily maintained by the county legislative body or county 3 officer, whichever is longer. 4 5. A notice, action, or other information posted on an 5 internet site pursuant to this section by a county legislative 6 body or county officer shall also be made available by the 7 county legislative body or county officer in a paper format in 8 the office of the county legislative body or county officer as 9 identified pursuant to subsection 2, paragraph “b” . 10 6. Compliance with the requirements of this section 11 shall constitute compliance with the newspaper publication 12 requirements applicable to the county legislative body or 13 county officer relating to the notice, action, or other 14 information posted on an internet site pursuant to this 15 section. 16 7. A county legislative body or county officer shall provide 17 a method by which persons may opt to receive notices, actions, 18 or other information by electronic mail. Electronic mail 19 addresses possessed by a county legislative body or county 20 officer pursuant to this subsection are not public records and 21 are not subject to disclosure under chapter 22. 22 Sec. 4. NEW SECTION . 362.3A Electronic publication of 23 public notices. 24 1. For purposes of this section, “city legislative body” 25 means a city council or a similar legislative body for a form 26 of city government identified in section 372.1. 27 2. a. When a city legislative body or city officer is 28 required by statute to publish a notice, action, or other 29 information in a newspaper of general circulation, the 30 city legislative body or city officer may, in lieu of such 31 requirements, publish the notice, action, or other information 32 in its entirety on the city’s internet site, if the city 33 maintains an internet site. 34 b. Each city legislative body or city officer affected 35 -5- LSB 2414XS (2) 89 js/ns 5/ 8
S.F. 453 by this section shall, by rule, ordinance, resolution, or 1 other official action, as appropriate, identify each type of 2 notice, action, or information that may be published on the 3 city’s internet site in lieu of newspaper publication and shall 4 identify the location of the city legislative body’s or city 5 officer’s office where such notices, actions, or information 6 will be available for public inspection. 7 3. A notice, action, or other information posted by a 8 city legislative body or city officer on a city’s internet 9 site pursuant to this section shall include all information 10 otherwise required to be contained in the publication and 11 shall comply with all requirements relating to the date of 12 publication. 13 4. In posting and maintaining a notice, action, or other 14 information on a city’s internet site, the city legislative 15 body or city officer shall satisfy all of the following 16 requirements: 17 a. The internet site shall be available and easily 18 accessible at all times by the public. 19 b. The public shall not be charged for access to any notice, 20 action, or other information posted on the internet site 21 pursuant to this section. 22 c. The notice, action, or other information posted on the 23 internet site pursuant to this section shall be maintained 24 and accessible through the same internet site address for as 25 long as required by law or as long as such information is 26 customarily maintained by the city legislative body or city 27 officer, whichever is longer. 28 5. A notice, action, or other information posted on an 29 internet site pursuant to this section by a city legislative 30 body or city officer shall also be made available by the 31 city legislative body or city officer in a paper format in 32 the office of the city legislative body or city officer as 33 identified pursuant to subsection 2, paragraph “b” . 34 6. Compliance with the requirements of this section 35 -6- LSB 2414XS (2) 89 js/ns 6/ 8
S.F. 453 shall constitute compliance with the newspaper publication 1 requirements applicable to the city legislative body or city 2 officer relating to the notice, action, or other information 3 posted on an internet site pursuant to this section. 4 7. A city legislative body or city officer shall provide a 5 method by which persons may opt to receive notices, actions, 6 or other information by electronic mail. Electronic mail 7 addresses possessed by a city legislative body pursuant to 8 this subsection are not public records and are not subject to 9 disclosure under chapter 22. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides for electronic publication of public 14 notices by certain governmental bodies and officers. 15 The bill provides that an area education agency, a school 16 district, a county or city legislative body, or a county or 17 city officer (governmental body) that is required by statute to 18 publish a notice, action, or other information in a newspaper 19 of general circulation may, in lieu of such requirements, 20 publish the notice, action, or other information in its 21 entirety on the respective governmental body’s internet site, 22 if the governmental body maintains an internet site. The 23 bill requires each governmental body subject to the bill to, 24 by rule, ordinance, resolution, or other official action, 25 as appropriate, identify each type of notice, action, or 26 information that may be published on the governmental body’s 27 internet site in lieu of newspaper publication and to identify 28 the location of the governmental body’s office where a paper 29 copy of such notices, actions, or information will be available 30 for public inspection. The bill requires a governmental 31 body to provide a method by which persons may opt to receive 32 notices, actions, or other information by electronic mail. 33 Electronic mail addresses possessed by a governmental body for 34 this purpose are not public records subject to disclosure under 35 -7- LSB 2414XS (2) 89 js/ns 7/ 8
S.F. 453 Code chapter 22 (examination of public records). 1 -8- LSB 2414XS (2) 89 js/ns 8/ 8