House Amendment 1337 PAG LIN 1 1 Amend House File 777 as follows: 1 2 #1. Page 2, line 34, by striking the word <four> 1 3 and inserting the following: <twenty=four>. 1 4 #2. Page 3, line 8, by striking the word <four> 1 5 and inserting the following: <twenty=four>. 1 6 #3. By striking page 4, line 34, through page 5, 1 7 line 15, and inserting the following: 1 8 <(3) Reasonably relied upon a decision of a court, 1 9ora formal opinion of the attorney general, or the 1 10 attorney for the governmental body, given in writing, 1 11 or as memorialized in the minutes of the meeting at 1 12 which an oral opinion was given, or an advisory 1 13 opinion of the attorney general or the attorney for 1 14 the governmental body, given in writing. 1 15 Sec. . Section 21.8, subsection 1, unnumbered 1 16 paragraph 1, Code 2009, is amended to read as follows: 1 17 A governmental body may conduct a meeting and 1 18 individual members of a governmental body may 1 19 participate in meetings of a governmental body by 1 20 electronic means only in circumstances wheresucha 1 21 meeting in person is impossible or impractical and 1 22 only if the governmental body complies with all of the 1 23 following:> 1 24 #4. Page 5, line 22, by inserting after the word 1 25 <objectives.> the following: <Ambiguity in the 1 26 construction or application of this chapter should be 1 27 resolved in favor of openness.> 1 28 #5. Page 6, line 11, by striking the word 1 29 <feasible> and inserting the following: <reasonable>. 1 30 #6. Page 6, line 13, by striking the word 1 31 <feasible> and inserting the following: <reasonable>. 1 32 #7. Page 6, line 29, by striking the word <ten> 1 33 and inserting the following: <seven>. 1 34 #8. Page 6, by striking lines 30 through 33 and 1 35 inserting the following: <of the request unless 1 36 further delay is necessary because of good cause, 1 37 which is communicated>. 1 38 #9. Page 7, by striking lines 13 and 14 and 1 39 inserting the following: <requester shall be entitled 1 40 to file a>. 1 41 #10. Page 7, by inserting after line 16 the 1 42 following: 1 43 <Sec. . Section 22.3, subsection 2, Code 2009, 1 44 is amended to read as follows: 1 45 2. All expenses of the examination and copying 1 46 shall be paid by the person desiring to examine or 1 47 copy. The lawful custodian may charge a reasonable 1 48 fee for the services of the lawful custodian or the 1 49 custodian's authorized designee in supervising the 1 50 examination and copying of the records or in reviewing 2 1 the records for confidential information prior to 2 2 release. If the lawful custodian is an executive 2 3 branch agency, the lawful custodian shall provide such 2 4 services at no charge to a requestor for up to three 2 5 hours per month. If copy equipment is available at 2 6 the office of the lawful custodian of any public 2 7 records, the lawful custodian shall provide any person 2 8 a reasonable number of copies of any public record in 2 9 the custody of the office upon the payment of a fee. 2 10 The fee for the copying service as determined by the 2 11 lawful custodian shall not exceed the actual cost of 2 12 providing the service. Actual costs shall include 2 13 only those expenses directly attributable to 2 14 supervising the examination of and making and 2 15 providing copies of public records. Actual costs 2 16 shall not include charges for ordinary expenses or 2 17 costs such as employment benefits, depreciation, 2 18 maintenance, electricity, or insurance associated with 2 19 the administration of the office of the lawful 2 20 custodian.> 2 21 #11. Page 7, by striking lines 17 through 23 and 2 22 inserting the following: 2 23 <Sec. . Section 22.7, subsection 7, Code 2009, 2 24 is amended to read as follows: 2 25 7. Appraisals or appraisal information concerning 2 26 the sale or purchase of real or personal property for 2 27 public purposes, prior topublic announcement of a 2 28 projectthe execution of any contract for such sale or 2 29 purchase or the submission of the appraisal to the 2 30 property owner or other interest holders as provided 2 31 in section 6B.45. 2 32 Sec. . Section 22.7, subsection 8, Code 2009, 2 33 is amended to read as follows: 2 34 8.Iowa department of economic development 2 35 informationInformation on an industrial or commercial 2 36 development prospect with which the Iowa department of 2 37 economic development or a city is currently 2 38 negotiating, prior to submission by the department or 2 39 the city of a proposal for financial assistance or 2 40 other incentives for the prospect for approval by the 2 41 director of the department or by the governing body of 2 42 the city.> 2 43 #12. Page 11, line 19, by striking the word 2 44 <subsection> and inserting the following: 2 45 <subsections>. 2 46 #13. By striking page 11, line 21, through page 2 47 12, line 5, and inserting the following: 2 48 <a. The identity and qualifications of an 2 49 applicant for employment by a government body.> 2 50 #14. Page 12, by inserting after line 5 the 3 1 following: 3 2 <NEW SUBSECTION. 63. TENTATIVE, PRELIMINARY, OR 3 3 DRAFT MATERIALS. Tentative, preliminary, draft, 3 4 speculative, or research material, created prior to 3 5 its final completion for the purpose for which it is 3 6 intended and in a form prior to the form in which it 3 7 is submitted for use in the final formulation, 3 8 recommendation, adoption, or execution of any official 3 9 policy or action by a public official authorized to 3 10 make such decisions for the government body. The 3 11 final document shall be a public record at the time 3 12 the document is adopted or executed as the official 3 13 policy or action of a government body. 3 14 Sec. . NEW SECTION. 22.7A SOCIAL SECURITY 3 15 NUMBERS IN PUBLIC RECORDS. 3 16 1. To the greatest extent feasible, a government 3 17 body shall not disclose a person's social security 3 18 number unless the disclosure is authorized by law. 3 19 2. A government body shall make reasonable efforts 3 20 to exclude social security numbers from public 3 21 records, as follows: 3 22 a. Exclude social security numbers on licenses, 3 23 permits, and other documents that may be readily 3 24 observed by the public. 3 25 b. Give individuals the option not to submit a 3 26 social security number to the government body unless 3 27 submission of the social security number is essential 3 28 to the provision of services by the government body or 3 29 is required by law. 3 30 c. Make any other efforts to prevent social 3 31 security numbers from being included in public records 3 32 and to protect such numbers from disclosure. 3 33 3. If a public record contains a social security 3 34 number, the government body shall, to the extent 3 35 practicable, make reasonable efforts to redact the 3 36 social security number prior to releasing the record 3 37 if such redaction does not materially affect the value 3 38 of the public record and is permitted by law. The 3 39 redaction of a social security number from a public 3 40 record shall not delay public access to the public 3 41 record except for the time required to perform the 3 42 actual redaction. As used in this subsection, 3 43 "redact" means to render the social security number 3 44 unreadable or truncated so that no more than the last 3 45 four digits of the social security number may be 3 46 accessed as part of the record. 3 47 4. A government body that solicits information 3 48 containing a person's social security number or that 3 49 is the lawful custodian of public records containing 3 50 social security numbers shall, if subject to chapter 4 1 17A, adopt rules or, if a political subdivision or 4 2 other public body, adopt guidelines to administer the 4 3 use and disclosure of social security numbers 4 4 consistent with this section.> 4 5 #15. By striking page 12, line 29, through page 4 6 13, line 9, and inserting the following: 4 7 <(3) Reasonably relied upon a decision of a court, 4 8or ana formal opinion of the attorney general, or the 4 9 attorney for thegovernmentalgovernment body, given 4 10 in writing, or as memorialized in the minutes of the 4 11 meeting at which an oral opinion was given, or an 4 12 advisory opinion of the attorney general or the 4 13 attorney for the government body, given in writing.> 4 14 #16. By striking page 14, line 20, through page 4 15 22, line 15, and inserting the following: 4 16 <Sec. . NEW SECTION. 23.1 OPEN MEETINGS, 4 17 PUBLIC RECORDS, AND PRIVACY ADVISORY COMMITTEE. 4 18 1. COMMITTEE ESTABLISHED. An open meetings, 4 19 public records, and privacy advisory committee is 4 20 established to serve as a resource for public access 4 21 to government information in light of the policy of 4 22 this state to provide as much public access to 4 23 government information and proceedings as is 4 24 consistent with the public interest and the need to 4 25 protect individuals against undue invasions of 4 26 personal privacy. 4 27 2. MEMBERSHIP. 4 28 a. The advisory committee shall consist of 4 29 seventeen members, including thirteen voting members 4 30 and four nonvoting members. 4 31 (1) The voting members shall be the following: 4 32 (a) One member representing municipal interests 4 33 recommended by the Iowa league of cities, appointed by 4 34 the governor. 4 35 (b) One member representing county or regional 4 36 interests recommended by the Iowa state association of 4 37 counties, appointed by the governor. 4 38 (c) One member representing school district 4 39 interests recommended by the Iowa association of 4 40 school boards, appointed by the governor. 4 41 (d) One member representing law enforcement 4 42 interests recommended by the Iowa state sheriffs' and 4 43 deputies' association and the Iowa state police 4 44 association, appointed by the governor. 4 45 (e) One member representing executive branch 4 46 interests, appointed by the governor. 4 47 (f) One member representing freedom of information 4 48 advocacy group interests recommended by the Iowa 4 49 freedom of information council, appointed by the 4 50 governor. 5 1 (g) One member representing newspaper and 5 2 broadcasting interests recommended by the Iowa 5 3 newspaper association, appointed by the governor. 5 4 (h) Two public members, appointed by the governor. 5 5 (i) The attorney general or the attorney general's 5 6 designee. 5 7 (j) The citizens' aide or the citizens' aide's 5 8 designee. 5 9 (k) A representative from the department of 5 10 administrative services with expertise in electronic 5 11 records. 5 12 (l) One member representing the judicial branch as 5 13 designated by the chief justice of the supreme court. 5 14 (2) The nonvoting members of the advisory 5 15 committee shall be two state representatives, one 5 16 appointed by the speaker of the house of 5 17 representatives and one appointed by the minority 5 18 leader of the house of representatives, and two state 5 19 senators, one appointed by the majority leader of the 5 20 senate and one appointed by the minority leader of the 5 21 senate. 5 22 b. A majority of the advisory committee members 5 23 shall constitute a quorum. 5 24 3. DUTIES. The advisory committee shall: 5 25 a. Serve as the central coordinator of information 5 26 about the public's right to access government 5 27 information and proceedings. The advisory committee 5 28 shall provide basic information about the requirements 5 29 of chapters 21 and 22 and other relevant freedom of 5 30 information laws and shall also provide information 5 31 about best practices for state and local governments 5 32 to comply with and to enforce such laws. 5 33 b. Serve as a resource to support the 5 34 establishment and maintenance of a central publicly 5 35 accessible internet site that provides specific 5 36 guidance to members of the public about utilizing the 5 37 relevant law to be better informed and active 5 38 participants in open government. 5 39 c. Serve as a resource to support education and 5 40 training about chapters 21 and 22 and other relevant 5 41 freedom of information laws to lawful custodians and 5 42 other persons subject to the requirements of such 5 43 laws. 5 44 d. Make recommendations to the governor and the 5 45 general assembly by proposing legislation relating to 5 46 issues involving public access to government 5 47 information, including but not limited to 5 48 accessibility to certain categories of government 5 49 records, to public employment applications, and to 5 50 information unduly invading personal privacy. 6 1 e. Aid the general assembly in evaluating the 6 2 impact of legislation affecting public access to 6 3 government information. 6 4 f. Conduct public hearings, conferences, 6 5 workshops, and other meetings as necessary to address 6 6 problems and suggest solutions concerning access to 6 7 government information and proceedings. 6 8 g. Review the collection, maintenance, and use of 6 9 government records by lawful custodians to ensure that 6 10 confidential records and information are handled to 6 11 adequately protect personal privacy interests. 6 12 4. MEETINGS. The advisory committee shall elect a 6 13 chairperson and vice chairperson. The committee shall 6 14 meet at least three times per year but may meet as 6 15 often as necessary. At least one of the meetings 6 16 shall be held during the regular legislative session. 6 17 Meetings may be called by the chairperson or at the 6 18 request of four members. The advisory committee is 6 19 subject to the open meetings requirements of chapter 6 20 21. 6 21 5. EXPENSES OR COMPENSATION. 6 22 a. A member of the general assembly shall be paid, 6 23 in accordance with section 2.10, per diem and 6 24 necessary travel and actual expenses incurred in 6 25 attending meetings of the advisory committee. 6 26 b. Public members appointed by the governor shall 6 27 receive reimbursement for actual and necessary 6 28 expenses incurred while serving in their official 6 29 capacity. 6 30 6. FUNDING. The advisory committee may seek 6 31 grants, appropriations, and outside funding to fund 6 32 the costs of public hearings, conferences, workshops, 6 33 and other activities of the committee. Contributions 6 34 to support the work of the committee shall not be 6 35 accepted from a political party with a pecuniary or 6 36 other vested interest in the outcome of the issues 6 37 considered by the committee. 6 38 7. STAFFING. The legislative services agency 6 39 shall provide staffing and administrative support for 6 40 the advisory committee. In addition, the committee 6 41 may contract for administrative, professional, and 6 42 clerical services subject to the availability of 6 43 funding. 6 44 8. REPORT. The advisory committee shall conduct 6 45 an evaluation of the effectiveness of the enforcement 6 46 provisions in chapters 21 and 22 and shall submit a 6 47 report of its findings and recommendations to the 6 48 governor and the general assembly no later than 6 49 January 10, 2011.> 6 50 #17. By striking page 22, line 25, through page 7 1 23, line 16. 7 2 #18. Title page, by striking lines 2 and 3 and 7 3 inserting the following: <the creation of the open 7 4 meetings, public records, and privacy advisory 7 5 committee.> 7 6 #19. By renumbering as necessary. 7 7 7 8 7 9 7 10 COMMITTEE ON STATE GOVERNMENT 7 11 MASCHER of Johnson, Chairperson 7 12 HF 777.703 83 7 13 rh/rj/23262 -1-