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