House Amendment 8664
PAG LIN
1 1 Amend the Senate amendment, H=8640, to House File
1 2 2531, as amended, passed, and reprinted by the House,
1 3 as follows:
1 4 #1. Page 57, after line 29 by inserting:
1 5 <___. Page 46, after line 5 by inserting:
1 6 <DIVISION ___
1 7 OPEN RECORDS AND PUBLIC MEETINGS
1 8 Sec. ___. Section 8A.341, subsection 2, Code 2009,
1 9 is amended to read as follows:
1 10 2. If money is appropriated for this purpose, by
1 11 November 1 of each year supply a report which contains
1 12 the name, gender, county, or city of residence when
1 13 possible, official title, salary received during
1 14 the previous fiscal year, base salary as computed
1 15 on July 1 of the current fiscal year, and traveling
1 16 and subsistence expense of the personnel of each
1 17 of the departments, boards, and commissions of the
1 18 state government except personnel who receive an
1 19 annual salary of less than one thousand dollars. The
1 20 number of the personnel and the total amount received
1 21 by them shall be shown for each department in the
1 22 report. All employees who have drawn salaries, fees,
1 23 or expense allowances from more than one department
1 24 or subdivision shall be listed separately under the
1 25 proper departmental heading. On the request of the
1 26 director, the head of each department, board, or
1 27 commission shall furnish the data covering that agency.
1 28 The report shall be distributed upon request without
1 29 charge in an electronic medium to each caucus of the
1 30 general assembly, the legislative services agency, the
1 31 chief clerk of the house of representatives, and the
1 32 secretary of the senate. Copies of the report shall
1 33 be made available to other persons in an electronic
1 34 medium upon payment of a fee, which shall not exceed
1 35 the cost of providing the copy of the report. Sections
1 36 22.2 through 22.6 22.5 apply to the report. All funds
1 37 from the sale of the report shall be deposited in the
1 38 printing revolving fund established in section 8A.345.
1 39 Sec. ___. Section 8E.202, subsection 1, unnumbered
1 40 paragraph 1, Code 2009, is amended to read as follows:
1 41 The department and each agency shall provide for the
1 42 widest possible dissemination of information between
1 43 agencies and the public relating to the enterprise
1 44 strategic plan and agency strategic plans, including
1 45 but not limited to internet access. This section does
1 46 not require the department or an agency to release
1 47 information which is classified as a confidential
1 48 record under this Code, including but not limited to
1 49 section 22.7.
1 50 Sec. ___. Section 8E.202, subsection 3, Code 2009,
2 1 is amended to read as follows:
2 2 3. A record which is confidential under this Code,
2 3 including but not limited to section 22.7, shall not be
2 4 released to the public under this section.
2 5 Sec. ___. Section 21.1, Code 2009, is amended by
2 6 striking the section and inserting in lieu thereof the
2 7 following:
2 8 21.1 Intent == Declaration of Policy.
2 9 1. The general assembly recognizes that open
2 10 government is a cornerstone to ensuring and protecting
2 11 the free exchange of information from government to the
2 12 people and it is therefore the intent of the general
2 13 assembly to do all of the following:
2 14 a. Provide access to governmental information as
2 15 an essential function of government and an integral
2 16 part of the routine duties of governmental officers and
2 17 employees.
2 18 b. Balance transparency in government with the need
2 19 to protect personal privacy.
2 20 c. Recognize barriers that may impede the public's
2 21 access to governmental information and participation in
2 22 governmental functions and remove those barriers.
2 23 d. Ensure and facilitate the public's right to
2 24 access and review governmental information.
2 25 2. Ambiguity in the construction or application of
2 26 this chapter should be resolved in favor of openness.
2 27 Sec. ___. Section 21.4, subsections 1 and 3, Code
2 28 2009, are amended to read as follows:
2 29 1. A Except as provided in subsection 3,
2 30 a governmental body, except township trustees, shall
2 31 give notice of the time, date, and place of each
2 32 meeting including a reconvened meeting of the
2 33 governmental body, and its the tentative agenda of
2 34 the meeting, in a manner reasonably calculated to
2 35 apprise the public of that information. Reasonable
2 36 notice shall include advising the news media who have
2 37 filed a request for notice with the governmental body
2 38 and posting the notice on a bulletin board or other
2 39 prominent place which is easily accessible to the
2 40 public and clearly designated for that purpose at the
2 41 principal office of the body holding the meeting, or
2 42 if no such office exists, at the building in which the
2 43 meeting is to be held.
2 44 3. Subsection 1 does not apply to any of the
2 45 following:
2 46 a. A meeting reconvened within four hours of the
2 47 start of its recess, where an announcement of the time,
2 48 date, and place of the reconvened meeting is made at
2 49 the original meeting in open session and recorded in
2 50 the minutes of the meeting and there is no change in
3 1 the agenda.
3 2 b. A meeting held by a formally constituted subunit
3 3 of a parent governmental body may conduct a meeting
3 4 without notice as required by this section during a
3 5 lawful meeting of the parent governmental body, or
3 6 during a recess in that meeting of up to four hours,
3 7 or a meeting of that subunit immediately following
3 8 that the meeting of the parent governmental body, if
3 9 the meeting of the that subunit is publicly announced
3 10 in open session at the parent meeting and the subject
3 11 of the meeting reasonably coincides with the subjects
3 12 discussed or acted upon by the parent governmental
3 13 body.
3 14 Sec. ___. Section 21.5, subsection 1, paragraph j,
3 15 Code Supplement 2009, is amended to read as follows:
3 16 j. To discuss the purchase of particular real
3 17 estate only where premature disclosure could be
3 18 reasonably expected to increase the price the
3 19 governmental body would have to pay for that property.
3 20 The minutes and the tape audio recording of a session
3 21 closed under this paragraph shall be available for
3 22 public examination when the transaction discussed is
3 23 completed.
3 24 Sec. ___. Section 21.5, subsection 4, Code
3 25 Supplement 2009, is amended to read as follows:
3 26 4. A governmental body shall keep detailed
3 27 minutes of all discussion, persons present, and
3 28 action occurring at a closed session, and shall also
3 29 tape audio record all of the closed session. The
3 30 detailed minutes and tape audio recording of a closed
3 31 session shall be sealed and shall not be public records
3 32 open to public inspection. However, upon order of
3 33 the court in an action to enforce this chapter, the
3 34 detailed minutes and tape audio recording shall be
3 35 unsealed and examined by the court in camera. The
3 36 court shall then determine what part, if any, of
3 37 the minutes should be disclosed to the party seeking
3 38 enforcement of this chapter for use in that enforcement
3 39 proceeding. In determining whether any portion of
3 40 the minutes or recording shall be disclosed to such
3 41 a party for this purpose, the court shall weigh
3 42 the prejudicial effects to the public interest of
3 43 the disclosure of any portion of the minutes or
3 44 recording in question, against its probative value as
3 45 evidence in an enforcement proceeding. After such a
3 46 determination, the court may permit inspection and
3 47 use of all or portions of the detailed minutes and
3 48 tape audio recording by the party seeking enforcement
3 49 of this chapter. A governmental body shall keep the
3 50 detailed minutes and tape audio recording of any closed
4 1 session for a period of at least one year from the date
4 2 of that meeting, except as otherwise required by law.
4 3 Sec. ___. Section 21.6, subsection 3, paragraph a,
4 4 Code 2009, is amended to read as follows:
4 5 a. Shall assess each member of the governmental
4 6 body who participated in its violation damages in the
4 7 amount of not more than five hundred dollars nor and
4 8 not less than one hundred dollars. However, if a
4 9 member of a governmental body knowingly participated
4 10 in such a violation, damages shall be in the amount of
4 11 not more than two thousand five hundred dollars and not
4 12 less than one thousand dollars. These damages shall
4 13 be paid by the court imposing it to the state of Iowa,
4 14 if the body in question is a state governmental body,
4 15 or to the local government involved if the body in
4 16 question is a local governmental body. A member of a
4 17 governmental body found to have violated this chapter
4 18 shall not be assessed such damages if that member
4 19 proves that the member did any of the following:
4 20 (1) Voted against the closed session.
4 21 (2) Had good reason to believe and in good faith
4 22 believed facts which, if true, would have indicated
4 23 compliance with all the requirements of this chapter.
4 24 (3) Reasonably relied upon a decision of a
4 25 court,or a formal opinion of the attorney general, or
4 26 the attorney for the governmental body, given in
4 27 writing, or as memorialized in the minutes of the
4 28 meeting at which an oral opinion was given, or an
4 29 advisory opinion of the attorney general or the
4 30 attorney for the governmental body, given in writing.
4 31 Sec. ___. Section 21.8, subsection 1, unnumbered
4 32 paragraph 1, Code 2009, is amended to read as follows:
4 33 A governmental body may conduct a meeting and
4 34 individual members of a governmental body may
4 35 participate in meetings of a governmental body by
4 36 electronic means only in circumstances where such a
4 37 meeting in person is impossible or impractical and
4 38 only if the governmental body complies with all of the
4 39 following:
4 40 Sec. ___. NEW SECTION. 22.0A Intent == declaration
4 41 of policy.
4 42 1. The general assembly recognizes that open
4 43 government is a cornerstone to ensuring and protecting
4 44 the free exchange of information from government to the
4 45 people and it is therefore the intent of the general
4 46 assembly to do all of the following:
4 47 a. Provide access to governmental information as
4 48 an essential function of government and an integral
4 49 part of the routine duties of government officers and
4 50 employees.
5 1 b. Balance transparency in government with the need
5 2 to protect personal privacy.
5 3 c. Recognize barriers that may impede the public's
5 4 access to governmental information and participation in
5 5 governmental functions and remove those barriers.
5 6 d. Ensure and facilitate the public's right to
5 7 access and review government information.
5 8 2. Ambiguity in the construction or application of
5 9 this chapter should be resolved in favor of openness.
5 10 Sec. ___. Section 22.2, subsection 1, Code 2009, is
5 11 amended to read as follows:
5 12 1. a. Every person shall have the right to examine
5 13 and copy a public record and to publish or otherwise
5 14 disseminate a public record or the information
5 15 contained in a public record.
5 16 b. Unless otherwise provided for by law, the right
5 17 to examine a public record shall include the right to
5 18 examine a public record without charge while the public
5 19 record is in the physical possession of the custodian
5 20 of the public record. The
5 21 c. Unless otherwise provided for by law, the right
5 22 to copy a public record shall include the right to make
5 23 photographs or photographic copies while the public
5 24 record is in the possession of the custodian of the
5 25 public record. If a public record exists in electronic
5 26 form, the governmental body shall provide a copy of the
5 27 public record in electronic form, if reasonable. All
5 28 rights under this section are in addition to the right
5 29 to obtain a certified copy of a public record under
5 30 section 622.46.
5 31 Sec. ___. NEW SECTION. 22.2A Record requests ==
5 32 time limits.
5 33 1. Upon receipt of an oral or written request to
5 34 examine or copy a public record, the lawful custodian
5 35 shall, if reasonable in the ordinary course of
5 36 business, permit such examination or copying at the
5 37 time of the request. If it is not reasonable in the
5 38 ordinary course of business to permit examination
5 39 or copying of the public record at the time of the
5 40 request, the lawful custodian shall immediately
5 41 notify the requester, orally or in writing, when such
5 42 examination or copying may take place, which shall be
5 43 no later than five business days from the time of the
5 44 request unless there is good cause for further delay.
5 45 If further delay is necessary because of good cause in
5 46 responding to a request to examine or copy a record the
5 47 lawful custodian knows is a public record, the lawful
5 48 custodian shall provide the requester with a written
5 49 statement detailing the reason or reasons for the delay
5 50 and the date by which the request will be satisfied.
6 1 2. If the lawful custodian is in doubt as to
6 2 whether the record requested is a public record or
6 3 whether the requester should be permitted to examine
6 4 or copy an optional public record specified in
6 5 section 22.7, the lawful custodian shall make that
6 6 determination within ten business days from the date of
6 7 the request unless further delay is necessary because
6 8 of good cause, which is communicated in writing to the
6 9 requester. Examination or copying of the government
6 10 record shall be allowed within five business days from
6 11 the date the lawful custodian makes the decision in
6 12 such circumstances to permit examination or copying of
6 13 the record unless there is good cause for further delay
6 14 in fulfilling the request as provided in subsection 1.
6 15 3. If the lawful custodian denies a request to
6 16 examine or copy a public record, the custodian must
6 17 provide the requester at the time of the denial a
6 18 written statement denying the request and detailing the
6 19 specific reason or reasons for the denial.
6 20 4. If the lawful custodian does not fulfill a
6 21 request to examine or copy a public record within the
6 22 times prescribed in this section, the request shall be
6 23 deemed denied and the requester shall be entitled to
6 24 file a lawsuit against the lawful custodian pursuant
6 25 to section 22.10.
6 26 Sec. ___. Section 22.3, Code 2009, is amended to
6 27 read as follows:
6 28 22.3 Supervision == fees.
6 29 1. The examination and copying of public records
6 30 shall be done under the supervision of the lawful
6 31 custodian of the records or the custodian's authorized
6 32 designee. The lawful custodian shall not require the
6 33 physical presence of a person requesting or receiving
6 34 a copy of a public record and shall fulfill requests
6 35 for a copy of a public record received in writing, by
6 36 telephone, or by electronic means. Fulfillment of a
6 37 request for a copy of a public record may be contingent
6 38 upon receipt of payment of expenses to be incurred
6 39 in fulfilling the request and such estimated expenses
6 40 shall be communicated to the requester upon receipt of
6 41 the request who shall be responsible for payment of
6 42 such expenses once the requester authorizes the copy
6 43 of the public record. The lawful custodian may adopt
6 44 and enforce reasonable rules regarding the examination
6 45 and copying of the records and the protection of
6 46 the records against damage or disorganization. The
6 47 lawful custodian shall provide a suitable place for
6 48 the examination and copying of the records, but if it
6 49 is impracticable to do the examination and copying of
6 50 the records in the office of the lawful custodian,
7 1 the person desiring to examine or copy shall pay
7 2 any necessary expenses of providing a place for the
7 3 examination and copying.
7 4 2. All expenses of the examination and copying
7 5 shall be paid by the person desiring to examine or
7 6 copy. The lawful custodian may charge a reasonable
7 7 fee for the services of the lawful custodian or the
7 8 custodian's authorized designee in supervising the
7 9 examination and copying of the records or in reviewing
7 10 the records for confidential information prior to
7 11 release. If the lawful custodian is an executive
7 12 branch agency, the lawful custodian shall provide
7 13 such services at no charge to a requestor for up to
7 14 three hours per month. If copy equipment is available
7 15 at the office of the lawful custodian of any public
7 16 records, the lawful custodian shall provide any person
7 17 a reasonable number of copies of any public record in
7 18 the custody of the office upon the payment of a fee.
7 19 The fee for the copying service as determined by the
7 20 lawful custodian shall not exceed the actual cost of
7 21 providing the service. Actual costs shall include only
7 22 those expenses directly attributable to supervising
7 23 the examination of and making and providing copies of
7 24 public records. Actual costs shall not include charges
7 25 for ordinary expenses or costs such as employment
7 26 benefits, depreciation, maintenance, electricity, or
7 27 insurance associated with the administration of the
7 28 office of the lawful custodian.
7 29 Sec. ___. Section 22.7, subsection 7, Code
7 30 Supplement 2009, is amended to read as follows:
7 31 7. Appraisals or appraisal information concerning
7 32 the sale or purchase of real or personal property for
7 33 public purposes, prior to public announcement of a
7 34 project the execution of any contract for such sale
7 35 or purchase or the submission of the appraisal to the
7 36 property owner or other interest holders as provided
7 37 in section 6B.45.
7 38 Sec. ___. Section 22.7, subsection 8, Code
7 39 Supplement 2009, is amended to read as follows:
7 40 8. Iowa department of economic development
7 41 information Information on an industrial or commercial
7 42 development prospect with which the Iowa department
7 43 of economic development or a city is currently
7 44 negotiating, prior to submission by the department or
7 45 the city of a proposal for financial assistance or
7 46 other incentives for the prospect for approval by the
7 47 director of the department or by the governing body of
7 48 the city.
7 49 Sec. ___. Section 22.7, subsection 10, Code
7 50 Supplement 2009, is amended by striking the subsection.
8 1 Sec. ___. Section 22.7, subsection 11, Code
8 2 Supplement 2009, is amended to read as follows:
8 3 11. a. Personal information in confidential
8 4 personnel records of public government bodies including
8 5 but not limited to cities, boards of supervisors and
8 6 school districts relating to identified or identifiable
8 7 individuals who are officials, officers, or employees
8 8 of the government bodies. However, the following
8 9 information relating to such individuals contained in
8 10 personnel records shall be public records:
8 11 (1) The name and compensation of the individual
8 12 including any written agreement establishing
8 13 compensation or any other terms of employment
8 14 excluding any information otherwise excludable from
8 15 public information pursuant to this section or any
8 16 other applicable provision of law. For purposes
8 17 of this paragraph, "compensation" means payment of,
8 18 or agreement to pay, any money, thing of value, or
8 19 financial benefit conferred in return for labor or
8 20 services rendered by an officer, employee, or other
8 21 person plus the value of benefits including but not
8 22 limited to casualty, disability, life, or health
8 23 insurance, other health or wellness benefits, vacation,
8 24 holiday, and sick leave, severance payments, retirement
8 25 benefits, and deferred compensation.
8 26 (2) The date the individual was employed by the
8 27 government body.
8 28 (3) The positions the individual holds or has held
8 29 with the government body.
8 30 (4) The educational institutions attended by the
8 31 individual, including any diplomas and degrees earned,
8 32 and the names of the individual's previous employers,
8 33 positions previously held, and dates of previous
8 34 employment.
8 35 (5) Any final disciplinary action taken against the
8 36 individual that resulted in the individual's discharge.
8 37 b. Personal information in confidential personnel
8 38 records of government bodies relating to student
8 39 employees shall only be released pursuant to 20 U.S.C.
8 40 { 1232g.
8 41 Sec. ___. Section 22.7, subsections 40, 43, and 48,
8 42 Code Supplement 2009, are amended to read as follows:
8 43 40. The portion of a record request that contains
8 44 an internet protocol number which identifies the
8 45 computer from which a person requests a record, whether
8 46 the person using such computer makes the request
8 47 through the IowAccess network or directly to a lawful
8 48 custodian. However, such record may be released with
8 49 the express written consent of the person requesting
8 50 the record.
9 1 43. Information obtained by the commissioner of
9 2 insurance pursuant to section 502.607, subsection 2.
9 3 48. Sex offender registry records under chapter
9 4 692A, except shall only be released as provided in
9 5 section 692A.121.
9 6 Sec. ___. Section 22.7, subsection 52, paragraphs
9 7 a and c, Code Supplement 2009, are amended to read as
9 8 follows:
9 9 a. The following records relating to a charitable
9 10 donation made to a foundation acting solely for the
9 11 support of an institution governed by the state board
9 12 of regents, to a foundation acting solely for the
9 13 support of an institution governed by chapter 260C,
9 14 to a private foundation as defined in section 509 of
9 15 the Internal Revenue Code organized for the support
9 16 of a government body, or to an endow Iowa qualified
9 17 community foundation, as defined in section 15E.303,
9 18 organized for the support of a government body:
9 19 (1) Portions of records that disclose a donor's
9 20 or prospective donor's personal, financial, estate
9 21 planning, or gift planning matters.
9 22 (2) Records received from a donor or prospective
9 23 donor regarding such donor's prospective gift or
9 24 pledge.
9 25 (3) Records containing information about a donor or
9 26 a prospective donor in regard to the appropriateness
9 27 of the solicitation and dollar amount of the gift or
9 28 pledge.
9 29 (4) Portions of records that identify a
9 30 prospective donor and that provide information on the
9 31 appropriateness of the solicitation, the form of the
9 32 gift or dollar amount requested by the solicitor, and
9 33 the name of the solicitor.
9 34 (5) Portions of records disclosing the identity of
9 35 a donor or prospective donor, including the specific
9 36 form of gift or pledge that could identify a donor
9 37 or prospective donor, directly or indirectly, when
9 38 such donor has requested anonymity in connection with
9 39 the gift or pledge. This subparagraph does not apply
9 40 to a gift or pledge from a publicly held business
9 41 corporation.
9 42 c. Except as provided in paragraphs "a" and "b",
9 43 portions of records relating to the receipt, holding,
9 44 and disbursement of gifts made for the benefit of
9 45 regents institutions and made through foundations
9 46 established for support of regents institutions,
9 47 including but not limited to written fund=raising
9 48 policies and documents evidencing fund=raising
9 49 practices, shall be subject to this chapter. Unless
9 50 otherwise provided, the lawful custodian of all records
10 1 subject to this paragraph is the regents institution to
10 2 be benefited by such gifts.
10 3 Sec. ___. Section 22.7, subsection 55, Code
10 4 Supplement 2009, is amended to read as follows:
10 5 55. An intelligence assessment and intelligence
10 6 data under chapter 692, except shall only be
10 7 released as provided in section 692.8A.
10 8 Sec. ___. Section 22.7, Code Supplement 2009, is
10 9 amended by adding the following new subsection:
10 10 NEW SUBSECTION. 65. Drafts, memoranda, or
10 11 notes. Drafts, memoranda, or notes in preliminary
10 12 form. However, such a record considered or used in
10 13 the final formulation, recommendation, adoption, or
10 14 execution of any official policy or action by a public
10 15 official authorized to make such decisions for the
10 16 governmental body shall be available for examination
10 17 and copying at the time the record is distributed to a
10 18 majority of the government body for consideration or is
10 19 adopted or executed as the official policy or official
10 20 action of a government body.
10 21 Sec. ___. NEW SECTION. 22.7A Social security
10 22 numbers in public records.
10 23 1. To the greatest extent feasible, a government
10 24 body shall not disclose a person's social security
10 25 number unless the disclosure is authorized by law.
10 26 2. A government body shall make reasonable efforts
10 27 to exclude social security numbers from public records,
10 28 as follows:
10 29 a. Exclude social security numbers on licenses,
10 30 permits, and other documents that may be readily
10 31 observed by the public.
10 32 b. Give individuals the option not to submit a
10 33 social security number to the government body unless
10 34 submission of the social security number is essential
10 35 to the provision of services by the government body or
10 36 is required by law.
10 37 c. Make any other efforts to prevent social
10 38 security numbers from being included in public records
10 39 and to protect such numbers from disclosure.
10 40 3. If a public record contains a social security
10 41 number, the government body shall, to the extent
10 42 practicable, make reasonable efforts to redact the
10 43 social security number prior to releasing the record
10 44 if such redaction does not materially affect the value
10 45 of the public record and is permitted by law. The
10 46 redaction of a social security number from a public
10 47 record shall not delay public access to the public
10 48 record except for the time required to perform the
10 49 actual redaction. As used in this subsection, "redact"
10 50 means to render the social security number unreadable
11 1 or truncated so that no more than the last four digits
11 2 of the social security number may be accessed as part
11 3 of the record.
11 4 4. A government body that solicits information
11 5 containing a person's social security number or that
11 6 is the lawful custodian of public records containing
11 7 social security numbers shall, if subject to chapter
11 8 17A, adopt rules or, if a political subdivision or
11 9 other public body, adopt guidelines to administer
11 10 the use and disclosure of social security numbers
11 11 consistent with this section.
11 12 Sec. ___. Section 22.10, subsection 3, paragraph b,
11 13 Code 2009, is amended to read as follows:
11 14 b. Shall assess the persons who participated in
11 15 its violation damages in the amount of not more than
11 16 five hundred dollars nor and not less than one hundred
11 17 dollars. However, if a member of a government body
11 18 knowingly participated in such a violation, damages
11 19 shall be in the amount of not more than two thousand
11 20 five hundred dollars and not less than one thousand
11 21 dollars. These damages shall be paid by the court
11 22 imposing them to the state of Iowa if the body in
11 23 question is a state government body, or to the local
11 24 government involved if the body in question is a local
11 25 government body. A person found to have violated this
11 26 chapter shall not be assessed such damages if that
11 27 person proves that the person either voted did any of
11 28 the following:
11 29 (1) Voted against the action violating this
11 30 chapter, refused to participate in the action violating
11 31 this chapter, or engaged in reasonable efforts under
11 32 the circumstances to resist or prevent the action in
11 33 violation of this chapter; had.
11 34 (2) Had good reason to believe and in good faith
11 35 believed facts which, if true, would have indicated
11 36 compliance with the requirements of this chapter; or
11 37 reasonably.
11 38 (3) Reasonably relied upon a decision of a court
11 39 or an, a formal opinion of the attorney general, or
11 40 the attorney for the governmental government body,
11 41 given in writing, or as memorialized in the minutes
11 42 of the meeting at which an oral opinion was given, or
11 43 an advisory opinion of the attorney general or the
11 44 attorney for the government body, given in writing.
11 45 Sec. ___. Section 22.10, subsection 5, Code 2009,
11 46 is amended by striking the subsection.
11 47 Sec. ___. Section 22.13, Code 2009, is amended to
11 48 read as follows:
11 49 22.13 Settlements == governmental government bodies.
11 50 1. A written summary of the terms of settlement,
12 1 including amounts of payments made to or through
12 2 a claimant, or other disposition of any claim for
12 3 damages made against a governmental government body
12 4 or against an employee, officer, or agent of a
12 5 governmental government body, by an insurer pursuant
12 6 to a contract of liability insurance issued to the
12 7 governmental government body, shall be filed with the
12 8 governmental government body and shall be a public
12 9 record.
12 10 2. A final binding settlement agreement between any
12 11 government body of this state or unit or official of
12 12 such a government body that resolves a legal dispute
12 13 between such a government body and another person or
12 14 entity shall be filed with the government body. For
12 15 each such settlement agreement, the government body
12 16 shall prepare and file, together with the settlement
12 17 agreement, a brief summary indicating the identity of
12 18 the parties involved, the factual and legal nature of
12 19 the dispute, and the terms of the settlement. The
12 20 settlement agreement and summary shall be available for
12 21 public inspection.
12 22 Sec. ___. Section 22.14, subsection 3, Code 2009,
12 23 is amended to read as follows:
12 24 3. If a fiduciary or other third party with custody
12 25 of public investment transactions records fails to
12 26 produce public records within a reasonable period of
12 27 time as requested by the public government body, the
12 28 public government body shall make no new investments
12 29 with or through the fiduciary or other third party
12 30 and shall not renew existing investments upon their
12 31 maturity with or through the fiduciary or other third
12 32 party. The fiduciary or other third party shall
12 33 be liable for the penalties imposed under section
12 34 22.6 statute, common law, or contract due to the acts
12 35 or omissions of the fiduciary or other third party and
12 36 any other remedies available under statute, common law,
12 37 or contract.
12 38 Sec. ___. NEW SECTION. 22.15 Judicial branch ==
12 39 rules.
12 40 This chapter does not apply to government records
12 41 owned, created, possessed, or under the control of
12 42 the judicial branch related to the performance by the
12 43 courts of their judicial functions. The supreme court
12 44 shall prescribe rules governing access to such records
12 45 consistent with the purposes of this chapter.
12 46 Sec. ___. NEW SECTION. 23.1 Open meetings, public
12 47 records, and privacy advisory committee.
12 48 1. Committee established. An open meetings, public
12 49 records, and privacy advisory committee is established
12 50 to serve as a resource for public access to government
13 1 information in light of the policy of this state to
13 2 provide as much public access to government information
13 3 and proceedings as is consistent with the public
13 4 interest and the need to protect individuals against
13 5 undue invasions of personal privacy.
13 6 2. Membership.
13 7 a. The advisory committee shall consist of
13 8 seventeen members including twelve voting members and
13 9 five nonvoting members.
13 10 (1) The voting members shall be the following:
13 11 (a) One member representing municipal interests
13 12 recommended by the Iowa league of cities, appointed by
13 13 the governor.
13 14 (b) One member representing county or regional
13 15 interests recommended by the Iowa state association of
13 16 counties, appointed by the governor.
13 17 (c) One member representing educational interests
13 18 jointly recommended by the Iowa association of school
13 19 boards, the Iowa association of community college
13 20 trustees, and the state board of regents, appointed by
13 21 the governor.
13 22 (d) One member representing freedom of information
13 23 advocacy group interests recommended by the Iowa
13 24 freedom of information council, appointed by the
13 25 governor.
13 26 (e) One member representing newspaper interests
13 27 recommended by the Iowa newspaper association,
13 28 appointed by the governor.
13 29 (f) One member representing broadcasting interests
13 30 recommended by the Iowa broadcasters association,
13 31 appointed by the governor.
13 32 (g) Three public members, appointed by the
13 33 governor.
13 34 (h) The attorney general or the attorney general's
13 35 designee.
13 36 (i) The citizens' aide or the citizens' aide's
13 37 designee.
13 38 (j) The director of the department of cultural
13 39 affairs or the director's designee.
13 40 (2) The nonvoting members of the advisory committee
13 41 shall be a representative from the department of
13 42 administrative services with expertise in electronic
13 43 records, two state representatives, one appointed
13 44 by the speaker of the house of representatives and
13 45 one appointed by the minority leader of the house of
13 46 representatives, and two state senators, one appointed
13 47 by the majority leader of the senate and one appointed
13 48 by the minority leader of the senate.
13 49 b. A majority of the advisory committee members
13 50 shall constitute a quorum.
14 1 3. Duties. The advisory committee shall:
14 2 a. Serve as the central coordinator of information
14 3 about the public's right to access government
14 4 information and proceedings. The advisory committee
14 5 shall provide basic information about the requirements
14 6 of chapters 21 and 22 and other relevant freedom of
14 7 information laws and shall also provide information
14 8 about best practices for state and local governments to
14 9 comply with and to enforce such laws.
14 10 b. Serve as a resource to support the establishment
14 11 and maintenance of a central publicly accessible
14 12 internet site that provides specific guidance to
14 13 members of the public about utilizing the relevant law
14 14 to be better informed and active participants in open
14 15 government.
14 16 c. Make training opportunities available to lawful
14 17 custodians, government bodies, governmental bodies, and
14 18 other persons subject to the requirements of chapters
14 19 21 and 22 and require all newly employed persons who
14 20 have responsibilities in relation to chapters 21 and
14 21 22 to receive training upon initial employment and
14 22 to require all employees to receive annual training
14 23 thereafter approved by the advisory committee.
14 24 d. Make recommendations to the governor and the
14 25 general assembly by proposing legislation relating
14 26 to issues involving public access to meetings of a
14 27 governmental body and to records of a government body
14 28 including but not limited to the following issues:
14 29 (1) The categorization of government records.
14 30 (2) Public employment applications.
14 31 (3) Information unduly invading personal privacy
14 32 including personal information on mailing lists and
14 33 opt=in provisions relating to such lists.
14 34 (4) Serial meetings of less than a majority of a
14 35 governmental body.
14 36 (5) Definitions of what constitutes a governmental
14 37 body for purposes of chapter 21 and what constitutes a
14 38 government body for purposes of chapter 22.
14 39 e. Aid the general assembly in evaluating the
14 40 impact of legislation affecting public access to
14 41 government information.
14 42 f. Conduct public hearings, conferences, workshops,
14 43 and other meetings as necessary to address problems
14 44 and suggest solutions concerning access to government
14 45 information and proceedings.
14 46 g. Review the collection, maintenance, and use of
14 47 government records by lawful custodians to ensure that
14 48 confidential records and information are handled to
14 49 adequately protect personal privacy interests.
14 50 4. Meetings. The advisory committee shall elect
15 1 a chairperson and vice chairperson. The committee
15 2 shall meet at least three times per year but may meet
15 3 as often as necessary. At least one of the meetings
15 4 shall be held during the regular legislative session.
15 5 Meetings may be called by the chairperson or at the
15 6 request of four members. The advisory committee is
15 7 subject to the open meetings requirements of chapter
15 8 21.
15 9 5. Expenses or compensation.
15 10 a. A member of the general assembly shall be paid,
15 11 in accordance with section 2.10, per diem and necessary
15 12 travel and actual expenses incurred in attending
15 13 meetings of the advisory committee.
15 14 b. Public members appointed by the governor shall
15 15 receive reimbursement for actual and necessary expenses
15 16 incurred while serving in their official capacity.
15 17 6. Funding. The advisory committee may seek
15 18 grants, appropriations, and outside funding to fund the
15 19 costs of public hearings, conferences, workshops, and
15 20 other activities of the committee. Contributions to
15 21 support the work of the committee shall not be accepted
15 22 from a political party with a pecuniary or other vested
15 23 interest in the outcome of the issues considered by the
15 24 committee.
15 25 7. Staffing. The legislative services agency shall
15 26 provide staffing and administrative support for the
15 27 advisory committee. In addition, the committee may
15 28 contract for administrative, professional, and clerical
15 29 services subject to the availability of funding.
15 30 8. Report. The advisory committee shall conduct
15 31 an evaluation of the effectiveness of the enforcement
15 32 provisions in chapters 21 and 22, including an
15 33 evaluation of the manner in which complaints are
15 34 handled by the citizens' aide, the appropriate county
15 35 attorney, and the attorney general, and shall submit a
15 36 report of its findings and recommendations including
15 37 a recommendation relating to the need to establish
15 38 a separate enforcement agency, if necessary, to the
15 39 governor and the general assembly no later than January
15 40 9, 2012.
15 41 Sec. ___. Section 455K.4, subsection 4, Code 2009,
15 42 is amended to read as follows:
15 43 4. Information that is disclosed under subsection
15 44 2, paragraph "b", is confidential and is not subject
15 45 to disclosure under chapter 22. A governmental
15 46 entity, governmental employee, or governmental
15 47 official who discloses information in violation of
15 48 this subsection is subject to the penalty provided in
15 49 section 22.6.
15 50 Sec. ___. Section 22.6, Code 2009, is repealed.
16 1 Sec. ___. APPOINTMENTS TO OPEN MEETINGS, PUBLIC
16 2 RECORDS, AND PRIVACY ADVISORY COMMITTEE. The
16 3 recommending entities for appointments to the open
16 4 meetings, public records, and privacy advisory
16 5 committee established in section 23.1, as enacted
16 6 by this division of this Act, shall consult with one
16 7 another prior to submitting final recommendations to
16 8 the governor to avoid violations of sections 69.16 and
16 9 69.16A. >>
LENSING of Johnson
MASCHER of Johnson
KOESTER of Polk
STRUYK of Pottawattamie
PETTENGILL of Benton
HF2531.3000 (3) 83
jp/sc
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