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  9 or a 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 where such a
     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 to public announcement of a
     2 28 project the 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 information Information 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  8 or an a formal opinion of the attorney general, or the
     4  9 attorney for the governmental government 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

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