Senate Amendment 5150 PAG LIN 1 1 Amend Senate File 2378 as follows: 1 2 #1. Page 6, by striking lines 1 and 2 and 1 3 inserting the following: <more than five hundred 1 4 dollarsnorand not less than one hundred dollars. 1 5 However, if a member of a governmental body knowingly 1 6 participated in such a violation, damages shall be in 1 7 the amount of not more than two thousand five hundred 1 8 dollars and not less than one thousand dollars. These 1 9 damages shall be>. 1 10 #2. Page 6, line 16, by inserting after the word 1 11 <body> the following: <, given in writing, or as 1 12 memorialized in the minutes of the meeting at which a 1 13 formal oral opinion was given>. 1 14 #3. Page 6, by inserting after line 25 the 1 15 following: 1 16 <Sec. . NEW SECTION. 22.0A PURPOSE. 1 17 The purpose of this chapter is to provide as much 1 18 transparency in government operations as possible 1 19 consistent with the need to avoid undue invasions of 1 20 personal privacy and the need to avoid significant 1 21 interference with the achievement of other important 1 22 and legitimate state objectives.> 1 23 #4. Page 9, line 25, by inserting after the word 1 24 <cause> the following: <in responding to a request to 1 25 examine or copy a record the lawful custodian knows is 1 26 a public record>. 1 27 #5. Page 9, line 34, by inserting after the word 1 28 <request> the following: <unless further delay is 1 29 necessary because of a pending request by the lawful 1 30 custodian to the Iowa public information board for an 1 31 opinion regarding the status of the record requested, 1 32 or other good cause, which is communicated in writing 1 33 to the requester>. 1 34 #6. Page 10, by inserting after line 16 the 1 35 following: 1 36 <Sec. . Section 22.3, subsection 2, Code 2007, 1 37 is amended to read as follows: 1 38 2. All expenses of the examination and copying 1 39 shall be paid by the person desiring to examine or 1 40 copy. The lawful custodian may charge a reasonable 1 41 fee for the services of the lawful custodian or the 1 42 custodian's authorized designee in supervising the 1 43 examination and copying of the records or in reviewing 1 44 the records for optional public record information or 1 45 for confidential record information prior to release. 1 46 The lawful custodian shall provide such services at no 1 47 charge to a requester for up to three hours per month. 1 48 If copy equipment is available at the office of the 1 49 lawful custodian of any public records, the lawful 1 50 custodian shall provide any person a reasonable number 2 1 of copies of any public record in the custody of the 2 2 office upon the payment of a fee. The fee for the 2 3 copying service as determined by the lawful custodian 2 4 shall not exceed the actual cost of providing the 2 5 service. Actual costs shall include only those 2 6 expenses directly attributable to supervising the 2 7 examination of and making and providing copies of 2 8 public records. Actual costs shall not include 2 9 charges for ordinary expenses or costs such as 2 10 employment benefits, depreciation, maintenance, 2 11 electricity, or insurance associated with the 2 12 administration of the office of the lawful custodian.> 2 13 #7. Page 10, by inserting after line 28 the 2 14 following: 2 15 <Sec. . Section 22.7, subsection 7, Code 2 16 Supplement 2007, is amended to read as follows: 2 17 7. Appraisals or appraisal information concerning 2 18 the purchase of real or personal property for public 2 19 purposes, prior topublic announcement of a project2 20 the submission of the appraisal to the property owner 2 21 or other interest holders as provided in section 2 22 6B.45.> 2 23 #8. Page 10, line 33, by inserting after the 2 24 figure <11.> the following: <a.> 2 25 #9. Page 11, by striking line 5 and inserting the 2 26 following: 2 27 <(1) The name and compensation of the individual 2 28 including any written agreement establishing 2 29 compensation or any other terms of employment 2 30 excluding any information otherwise excludable from 2 31 public information pursuant to this section or any 2 32 other applicable provision of law. For>. 2 33 #10. Page 11, line 14, by striking the word <b.> 2 34 and inserting the following: <(2)>. 2 35 #11. Page 11, line 16, by striking the word <c.> 2 36 and inserting the following: <(3)>. 2 37 #12. Page 11, line 18, by striking the word <d.> 2 38 and inserting the following: <(4)>. 2 39 #13. Page 11, line 21, by striking the word <e.> 2 40 and inserting the following: <(5)>. 2 41 #14. Page 11, by striking lines 22 and 23 and 2 42 inserting the following: <individual that resulted in 2 43 the individual's discharge. 2 44 b. Personal information in confidential personnel 2 45 records of government bodies relating to student 2 46 employees shall only be released pursuant to 20 U.S.C. 2 47 } 1232g.> 2 48 #15. Page 16, line 8, by striking the word 2 49 <final>. 2 50 #16. Page 16, by striking line 10 and inserting 3 1 the following: <the form in which it is submitted for 3 2 use or used in the actual>. 3 3 #17. Page 16, line 18, by striking the word 3 4 <Records> and inserting the following: <Information 3 5 in records>. 3 6 #18. Page 16, line 19, by striking the words 3 7 <containing information>. 3 8 #19. Page 17, by striking lines 31 through 33 and 3 9 inserting the following: <violation damages in the 3 10 amount of not more than five hundred dollarsnorand 3 11 not less than one hundred dollars. However, if a 3 12 member of a governmental body knowingly participated 3 13 in such a violation, damages shall be in the amount of 3 14 not more than two thousand five hundred dollars and 3 15 not less than one thousand dollars. These damages 3 16 shall be paid by the court>. 3 17 #20. Page 19, by striking lines 5 through 11 and 3 18 inserting the following: <government body and another 3 19 person or entity shall be filed with the government 3 20 body. For each such settlement agreement, the 3 21 government body shall prepare and file, together with 3 22 the settlement agreement, a brief summary indicating 3 23 the identity of the parties involved, the nature of 3 24 the dispute, any underlying relevant facts, and the 3 25 terms of the settlement. The settlement agreement and 3 26 summary shall be available for public inspection.> 3 27 #21. Page 19, by inserting after line 25 the 3 28 following: 3 29 <Sec. . NEW SECTION. 22.15 JUDICIAL BRANCH == 3 30 RULES. 3 31 This chapter does not apply to government records 3 32 owned, created, possessed, or under the control of the 3 33 judicial branch related to the performance by the 3 34 courts of their judicial functions. The supreme court 3 35 shall prescribe rules governing access to such records 3 36 consistent with the purposes of this chapter.> 3 37 #22. Page 19, line 30, by inserting after the 3 38 figure <22> the following: <through the provision by 3 39 the Iowa public information board to all interested 3 40 parties of an efficient, informal, and cost=effective 3 41 process for resolving disputes>. 3 42 #23. Page 21, line 21, by inserting after the word 3 43 <respondent> the following: <or person requesting 3 44 access to the record which is the subject of the 3 45 request for injunction>. 3 46 #24. Page 22, line 9, by inserting after the word 3 47 <situations> the following: <and issue informal 3 48 advice to any person concerning the applicability of 3 49 chapters 21 and 22>. 3 50 #25. Page 24, by striking line 28 and inserting 4 1 the following: <its jurisdiction, is legally 4 2 insufficient, is frivolous, is without merit, involves 4 3 harmless error,>. 4 4 #26. Page 25, by striking lines 2 through 6 and 4 5 inserting the following: 4 6 <1. After accepting a complaint, the board shall 4 7 promptly work with the parties through its employees 4 8 to reach an informal, expeditious resolution of the 4 9 complaint. If an informal resolution satisfactory to 4 10 the parties cannot be reached, the board or the 4 11 board's designee shall offer the parties an 4 12 opportunity to resolve the dispute through mediation 4 13 and settlement.> 4 14 #27. By striking page 37, line 34, through page 4 15 38, line 16. 4 16 #28. Page 40, by inserting after line 25 the 4 17 following: 4 18 <Sec. . APPLICABILITY. The section of this Act 4 19 enacting section 22.7, subsection 61, relating to 4 20 information invading personal privacy, applies to all 4 21 records created on or after the effective date of that 4 22 section of this Act.> 4 23 #29. By renumbering as necessary. 4 24 4 25 4 26 4 27 MICHAEL CONNOLLY 4 28 SF 2378.717 82 4 29 rh/rj/11280 -1-