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
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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
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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
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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”
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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
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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
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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
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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