House Study Bill 221 - IntroducedA Bill ForAn Act 1 allowing the electronic publication of certain public
2notices by governmental bodies and officers and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  22A.1  Electronic publication of
2public notices.
   31.  For purposes of this section, “governmental body” means a
4governmental body as defined in section 21.2.
   52.  a.  A governmental body or officer that is required
6by statute to publish a notice, action, or other information
7in a newspaper of general circulation may, in lieu of such
8requirements, publish the notice, action, or other information
9in an abridged form if the entirety of the notice, action, or
10other information is posted on the governmental body’s internet
11site, if the governmental body maintains an internet site.
   12b.  Each governmental body or officer subject to the
13requirements of this section shall, by rule, ordinance,
14resolution, or other official action, as appropriate, identify
15each type of notice, action, or information that may be
16published in an abridged form and posted in its entirety on the
17governmental body’s internet site in lieu of publication and
18shall identify the location of the governmental body’s office
19where such notices, actions, or information will be available
20for public inspection.
   213.  A notice, action, or other information posted by a
22governmental body or officer on a governmental body’s internet
23site pursuant to this section shall include all information
24otherwise required to be contained in the publication and
25shall comply with all requirements relating to the date of
26publication.
   274.  In posting and maintaining a notice, action, or
28other information on a governmental body’s internet site,
29the governmental body shall satisfy all of the following
30requirements:
   31a.  The internet site shall be available and easily
32accessible at all times by the public.
   33b.  The public shall not be charged for access to any notice,
34action, or other information posted on the internet site
35pursuant to this section.
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   1c.  The notice, action, or other information posted on the
2internet site pursuant to this section shall be maintained
3and accessible through the same internet site address for as
4long as required by law or as long as such information is
5customarily maintained by the governmental body, whichever is
6longer.
   75.  A notice, action, or other information posted on an
8internet site pursuant to this section by a governmental
9body shall also be made available by the governmental body
10in a paper format in the office of the governmental body as
11identified pursuant to subsection 2, paragraph “b”.
   126.  Compliance with the requirements of this section shall
13constitute compliance with the publication requirements
14applicable to the governmental body or officer relating to the
15notice, action, or other information posted on an internet site
16pursuant to this section.
   177.  A governmental body shall provide a method by which
18persons may opt to receive notices, actions, or other
19information by electronic mail. Electronic mail addresses
20possessed by a governmental body pursuant to this subsection
21are not public records and are not subject to disclosure under
22chapter 22.
23   Sec. 2.  EFFECTIVE DATE.  This Act takes effect July 1, 2022.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27This bill provides for electronic publication of public
28notices.
   29The bill provides that a governmental body or officer that
30is required by statute to publish a notice, action, or other
31information in a newspaper of general circulation may, in lieu
32of such requirements, publish the notice, action, or other
33information in an abridged form and post the notice, action, or
34other information in its entirety on the governmental body’s
35internet site, if the governmental body maintains an internet
-2-1site. The bill requires each governmental body subject to the
2bill to, by rule, ordinance, resolution, or other official
3action, as appropriate, identify each type of notice, action,
4or information that may be published in an abridged form and
5posted on the governmental body’s internet site in lieu of
6publication and to identify the location of the governmental
7body’s office where a paper copy of such notices, actions,
8or information will be available for public inspection. The
9bill requires a governmental body to provide a method by
10which persons may opt to receive notices, actions, or other
11information by electronic mail. Electronic mail addresses
12possessed by a governmental body for this purpose are not
13public records subject to disclosure under Code chapter 22
14(examination of public records).
   15The bill takes effect July 1, 2022.
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