Senate File 430 S-3101 Amend Senate File 430 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 21.6, subsection 3, paragraph 4 a, Code 2011, is amended to read as follows: 5 a. Shall assess each member of the governmental 6 body who participated in its violation damages in the 7 amount of not more than five hundred dollars nor and 8 not less than one hundred dollars. However, if a 9 member of a governmental body knowingly participated 10 in such a violation, damages shall be in the amount of 11 not more than two thousand five hundred dollars and not 12 less than one thousand dollars. These damages shall 13 be paid by the court imposing it to the state of Iowa, 14 if the body in question is a state governmental body, 15 or to the local government involved if the body in 16 question is a local governmental body. A member of a 17 governmental body found to have violated this chapter 18 shall not be assessed such damages if that member 19 proves that the member did any of the following: 20 (1) Voted against the closed session. 21 (2) Had good reason to believe and in good faith 22 believed facts which, if true, would have indicated 23 compliance with all the requirements of this chapter . 24 (3) Reasonably relied upon a decision of a court , 25 or a formal opinion of the Iowa public information 26 board, the attorney general , or the attorney for the 27 governmental body , given in writing, or as memorialized 28 in the minutes of the meeting at which a formal oral 29 opinion was given, or an advisory opinion of the Iowa 30 public information board, the attorney general, or the 31 attorney for the governmental body, given in writing . 32 Sec. 2. Section 22.10, subsection 3, paragraph b, 33 Code 2011, is amended to read as follows: 34 b. Shall assess the persons who participated in 35 its violation damages in the amount of not more than 36 five hundred dollars nor and not less than one hundred 37 dollars. However, if a member of a government body 38 knowingly participated in such a violation, damages 39 shall be in the amount of not more than two thousand 40 five hundred dollars and not less than one thousand 41 dollars. These damages shall be paid by the court 42 imposing them to the state of Iowa if the body in 43 question is a state government body, or to the local 44 government involved if the body in question is a local 45 government body. A person found to have violated this 46 chapter shall not be assessed such damages if that 47 person proves that the person either voted did any of 48 the following: 49 (1) Voted against the action violating this 50 -1- SF430.1463 (2) 84 rh/rj 1/ 10 #1.

chapter , refused to participate in the action violating 1 this chapter , or engaged in reasonable efforts under 2 the circumstances to resist or prevent the action in 3 violation of this chapter ; had . 4 (2) Had good reason to believe and in good faith 5 believed facts which, if true, would have indicated 6 compliance with the requirements of this chapter ; or 7 reasonably . 8 (3) Reasonably relied upon a decision of a court 9 or an , a formal opinion of the Iowa public information 10 board, the attorney general , or the attorney for the 11 government body , given in writing, or as memorialized 12 in the minutes of the meeting at which a formal oral 13 opinion was given, or an advisory opinion of the Iowa 14 public information board, the attorney general, or the 15 attorney for the government body, given in writing . 16 Sec. 3. NEW SECTION . 23.1 Citation and purpose. 17 This chapter may be cited as the “Iowa Public 18 Information Board Act” . The purpose of this chapter 19 is to provide an alternative means by which to secure 20 compliance with and enforcement of the requirements of 21 chapters 21 and 22 through the provision by the Iowa 22 public information board to all interested parties of 23 an efficient, informal, and cost-effective process for 24 resolving disputes. 25 Sec. 4. NEW SECTION . 23.2 Definitions. 26 1. “Board” means the Iowa public information board 27 created in section 23.3. 28 2. “Complainant” means a person who files a 29 complaint with the board. 30 3. “Complaint” means a written and signed document 31 filed with the board alleging a violation of chapter 32 21 or 22. 33 4. “Custodian” means a government body, government 34 official, or government employee designated as the 35 lawful custodian of a government record pursuant to 36 section 22.1. 37 5. “Government body” means the same as defined in 38 section 22.1. 39 6. “Governmental body” means the same as defined in 40 section 21.2. 41 7. “Person” means an individual, partnership, 42 association, corporation, legal representative, 43 trustee, receiver, custodian, government body, or 44 official, employee, agency, or political subdivision of 45 this state. 46 8. “Respondent” means any agency or other unit 47 of state or local government, custodian, government 48 official, or government employee who is the subject of 49 a complaint. 50 -2- SF430.1463 (2) 84 rh/rj 2/ 10

Sec. 5. NEW SECTION . 23.3 Board appointed —— 1 executive director. 2 1. An Iowa public information board is created 3 consisting of the citizens’ aide or the citizens’ aide 4 designee and the following six members appointed by the 5 governor: 6 a. One member nominated by the Iowa broadcasters 7 association. 8 b. One member nominated by the Iowa freedom of 9 information council. 10 c. One member nominated by the Iowa newspaper 11 association. 12 d. One member nominated by the Iowa league of 13 cities. 14 e. One member nominated by the Iowa state 15 association of counties. 16 f. One member nominated by the Iowa association of 17 school boards. 18 2. Appointments to the board shall not be subject 19 to sections 69.16 and 69.16A if a good faith effort has 20 been made to nominate and appoint qualified persons 21 through a fair and unbiased selection process. 22 3. Members appointed to the board shall serve 23 staggered four-year terms beginning and ending as 24 provided in section 69.19. 25 4. A quorum of the board shall consist of four 26 members. 27 5. A vacancy on the board shall be filled by the 28 governor, as provided in subsection 1. 29 6. The board shall select one of its members to 30 serve as chairperson and shall employ a person who 31 shall be an attorney admitted to practice law before 32 the courts of this state to serve as the executive 33 director of the board. 34 7. The board shall meet at least quarterly and at 35 the call of the chairperson. 36 Sec. 6. NEW SECTION . 23.4 Compensation and 37 expenses. 38 Board members appointed by the governor shall 39 be paid a per diem as specified in section 7E.6 and 40 shall be reimbursed for actual and necessary expenses 41 incurred while on official board business. Such per 42 diem and expenses shall be paid from funds appropriated 43 to the board. 44 Sec. 7. NEW SECTION . 23.5 Election of remedies. 45 1. An aggrieved person, any taxpayer to or citizen 46 of this state, the attorney general, or any county 47 attorney may seek enforcement of the requirements of 48 chapters 21 and 22 by electing either to file an action 49 pursuant to section 17A.19, 21.6, or 22.10, whichever 50 -3- SF430.1463 (2) 84 rh/rj 3/ 10

is applicable, or in the alternative, to file a timely 1 complaint with the board. 2 2. If more than one person seeks enforcement of 3 chapter 21 or 22 with respect to the same incident 4 involving an alleged violation, and one or more of 5 such persons elects to do so by filing an action under 6 section 17A.19, 21.6, or 22.10, and one or more of such 7 persons elects to do so by filing a timely complaint 8 with the board, the court in which the action was filed 9 shall dismiss the action without prejudice, authorizing 10 the complainant to file a complaint with respect to 11 the same incident with the board without regard to the 12 timeliness of the filing of the complaint at the time 13 the action in court is dismissed. 14 3. If a person files an action pursuant to section 15 22.8 seeking to enjoin the inspection of a public 16 record, the respondent or person requesting access to 17 the record which is the subject of the request for 18 injunction may remove the proceeding to the board for 19 its determination by filing, within thirty days of the 20 commencement of the judicial proceeding, a complaint 21 with the board alleging a violation of chapter 22 in 22 regard to the same matter. 23 Sec. 8. NEW SECTION . 23.6 Board powers and duties. 24 The board shall have all of the following powers and 25 duties: 26 1. Employ such employees as are necessary to 27 execute its authority, including attorneys to prosecute 28 respondents in proceedings before the board and to 29 represent the board in proceedings before a court. 30 Notwithstanding section 8A.412, all of the board’s 31 employees, except for the executive director and 32 attorneys, shall be employed subject to the merit 33 system provisions of chapter 8A, subchapter IV. 34 2. Adopt rules pursuant to chapter 17A calculated 35 to implement, enforce, and interpret the requirements 36 of chapters 21 and 22 and to implement any authority 37 delegated to the board by this chapter. 38 3. Issue, consistent with the requirements of 39 section 17A.9, declaratory orders with the force of law 40 determining the applicability of chapter 21 or 22 to 41 specified fact situations and issue informal advice to 42 any person concerning the applicability of chapters 21 43 and 22. 44 4. Receive complaints alleging violations of 45 chapter 21 or 22, seek resolution of such complaints 46 through informal assistance or through mediation and 47 settlement, formally investigate such complaints, 48 decide after such an investigation whether there is 49 probable cause to believe a violation of chapter 21 50 -4- SF430.1463 (2) 84 rh/rj 4/ 10

or 22 has occurred, and if probable cause has been 1 found prosecute the respondent before the board in a 2 contested case proceeding conducted according to the 3 provisions of chapter 17A. 4 5. Request and receive from a governmental body 5 or a government body assistance and information as 6 necessary in the performance of its duties. 7 6. The board may examine a record of a government 8 body that is the subject matter of a complaint, 9 including any record that is confidential by law. 10 Confidential records provided to the board by a 11 government body shall continue to maintain their 12 confidential status. Any member or employee of the 13 board is subject to the same policies and penalties 14 regarding the confidentiality of the document as an 15 employee of the government body. 16 7. Issue subpoenas enforceable in court for the 17 purpose of investigating complaints and to facilitate 18 the prosecution and conduct of contested cases before 19 the board. 20 8. After appropriate board proceedings, issue 21 orders with the force of law, determining whether there 22 has been a violation of chapter 21 or 22, requiring 23 compliance with specified provisions of those chapters, 24 imposing civil penalties equivalent to and to the same 25 extent as those provided for in section 21.6 or 22.10, 26 as applicable, on a respondent who has been found in 27 violation of chapter 21 or 22, and imposing any other 28 appropriate remedies calculated to declare, terminate, 29 or remediate any violation of those chapters. 30 9. Represent itself in judicial proceedings 31 to enforce or defend its orders and rules through 32 attorneys on its own staff, through the office of the 33 attorney general, or through other attorneys retained 34 by the board, at its option. 35 10. Make training opportunities available to lawful 36 custodians, governmental bodies, government bodies, and 37 other persons subject to the requirements of chapters 38 21 and 22 and require, in its discretion, appropriate 39 persons who have responsibilities in relation to 40 chapters 21 and 22 to receive periodic training 41 approved by the board. 42 11. Disseminate information calculated to inform 43 members of the public about the public’s right to 44 access government information in this state including 45 procedures to facilitate this access and including 46 information relating to the obligations of governmental 47 bodies under chapter 21 and lawful custodians under 48 chapter 22 and other laws dealing with this subject. 49 12. Prepare and transmit to the governor and to the 50 -5- SF430.1463 (2) 84 rh/rj 5/ 10

general assembly, at least annually, reports describing 1 complaints received, board proceedings, investigations, 2 hearings conducted, decisions rendered, and other work 3 performed by the board. 4 13. Make recommendations to the governor and 5 the general assembly proposing legislation relating 6 to public access to government information deemed 7 desirable by the board in light of the policy of this 8 state to provide as much public access as possible to 9 government information as is consistent with the public 10 interest. 11 Sec. 9. NEW SECTION . 23.7 Filing of complaints 12 with the board. 13 1. The board shall adopt rules pursuant to chapter 14 17A providing for the timing, form, content, and 15 means by which any aggrieved person, any taxpayer to 16 or citizen of this state, the attorney general, or 17 any county attorney may file a complaint with the 18 board alleging a violation of chapter 21 or 22. The 19 complaint must be filed within sixty days from the time 20 the alleged violation occurred or the complainant could 21 have become aware of the violation with reasonable 22 diligence. All complaints filed with the board shall 23 be public records. 24 2. All board proceedings in response to the filing 25 of a complaint shall be conducted as expeditiously as 26 possible. 27 3. The board may charge a complaint filing fee not 28 to exceed fifty dollars. This fee may be waived by 29 the executive director if imposition of the fee would 30 constitute an economic hardship for the complainant. 31 If paid, a filing fee shall be refunded if a complaint 32 is established as meritorious. 33 Sec. 10. NEW SECTION . 23.8 Initial processing of 34 complaint. 35 Upon receipt of a complaint alleging a violation 36 of chapter 21 or 22, the board shall do either of the 37 following: 38 1. Determine that, on its face, the complaint 39 is within the board’s jurisdiction, appears legally 40 sufficient, and could have merit. In such a case the 41 board shall accept the complaint, and shall notify the 42 parties of that fact in writing. 43 2. Determine that, on its face, the complaint is 44 outside its jurisdiction, is legally insufficient, is 45 frivolous, is without merit, involves harmless error, 46 or relates to a specific incident that has previously 47 been finally disposed of on its merits by the board or 48 a court. In such a case the board shall decline to 49 accept the complaint. If the board refuses to accept a 50 -6- SF430.1463 (2) 84 rh/rj 6/ 10

complaint, the board shall provide the complainant with 1 a written order explaining its reasons for the action. 2 Sec. 11. NEW SECTION . 23.9 Informal assistance —— 3 mediation and settlement. 4 1. After accepting a complaint, the board shall 5 promptly work with the parties through its employees 6 to reach an informal, expeditious resolution of the 7 complaint. If an informal resolution satisfactory to 8 the parties cannot be reached, the board or the board’s 9 designee shall offer the parties an opportunity to 10 resolve the dispute through mediation and settlement. 11 2. The mediation and settlement process shall 12 enable the complainant to attempt to resolve the 13 dispute with the aid of a neutral mediator employed and 14 selected by the board, in its discretion, from either 15 its own staff or an outside source. 16 3. Mediation shall be conducted as an informal, 17 nonadversarial process and in a manner calculated 18 to help the parties reach a mutually acceptable and 19 voluntary settlement agreement. The mediator shall 20 assist the parties in identifying issues and shall 21 foster joint problem solving and the exploration of 22 settlement alternatives. 23 Sec. 12. NEW SECTION . 23.10 Enforcement. 24 1. If any party declines mediation or settlement or 25 if mediation or settlement fails to resolve the matter 26 to the satisfaction of all parties, the board shall 27 initiate a formal investigation concerning the facts 28 and circumstances set forth in the complaint. The 29 board shall, after an appropriate investigation, make 30 a determination as to whether the complaint is within 31 the board’s jurisdiction and whether there is probable 32 cause to believe that the facts and circumstances 33 alleged in the complaint constitute a violation of 34 chapter 21 or 22. 35 2. If the board finds the complaint is outside the 36 board’s jurisdiction or there is no probable cause to 37 believe there has been a violation of chapter 21 or 22, 38 the board shall issue a written order explaining the 39 reasons for the board’s conclusions and dismissing the 40 complaint, and shall transmit a copy to the complainant 41 and to the party against whom the complaint was filed. 42 3. a. If the board finds the complaint is within 43 the board’s jurisdiction and there is probable cause 44 to believe there has been a violation of chapter 21 45 or 22, the board shall issue a written order to that 46 effect and shall commence a contested case proceeding 47 under chapter 17A against the respondent. An attorney 48 selected by the director of the board shall prosecute 49 the respondent in the contested case proceeding. At 50 -7- SF430.1463 (2) 84 rh/rj 7/ 10

the termination of the contested case proceeding the 1 board shall, by a majority vote of its members, render 2 a final decision as to the merits of the complaint. If 3 the board finds that the complaint has merit, the board 4 may issue any appropriate order to ensure enforcement 5 of chapter 21 or 22 including but not limited to 6 an order requiring specified action or prohibiting 7 specified action and any appropriate order to remedy 8 any failure of the respondent to observe any provision 9 of those chapters. 10 b. If the board determines, by a majority vote of 11 its members, that the respondent has violated chapter 12 21 or 22, the board may also do any or all of the 13 following: 14 (1) Require the respondent to pay damages as 15 provided for in section 21.6 or 22.10, whichever is 16 applicable, to the extent that provision would make 17 such damages payable if the complainant had sought to 18 enforce a violation in court instead of through the 19 board. 20 (2) Void any action taken in violation of chapter 21 21 if a court would be authorized to do so in similar 22 circumstances pursuant to section 21.6. 23 c. The board shall not have the authority to remove 24 a person from public office for a violation of chapter 25 21 or 22. The board may file an action under chapter 26 21 or 22 to remove a person from office for violations 27 that would subject a person to removal under those 28 chapters. 29 d. A final board order resulting from such 30 proceedings may be enforced by the board in court 31 and is subject to judicial review pursuant to section 32 17A.19. 33 Sec. 13. NEW SECTION . 23.11 Defenses in a 34 contested case proceeding. 35 A respondent may defend against a proceeding before 36 the board charging a violation of chapter 21 or 22 37 on the ground that if such a violation occurred it 38 was only harmless error or that clear and convincing 39 evidence demonstrated that grounds existed to justify 40 a court to issue an injunction against disclosure 41 pursuant to section 22.8. 42 Sec. 14. NEW SECTION . 23.12 Jurisdiction. 43 The board shall not have jurisdiction over the 44 judicial or legislative branches of state government or 45 any entity, officer, or employee of those branches, or 46 over the governor or the office of the governor. 47 Sec. 15. Section 455K.4, subsection 4, Code 2011, 48 is amended to read as follows: 49 4. Information that is disclosed under subsection 50 -8- SF430.1463 (2) 84 rh/rj 8/ 10

2 , paragraph “b” , is confidential and is not subject to 1 disclosure under chapter 22 . A governmental entity, 2 governmental employee, or governmental official who 3 discloses information in violation of this subsection 4 is subject to the penalty provided in section 22.6 . 5 Sec. 16. REPEAL. Section 22.6, Code 2011, is 6 repealed. 7 Sec. 17. IOWA PUBLIC INFORMATION BOARD —— 8 TRANSITION PROVISIONS. 9 1. The initial members of the Iowa public 10 information board established pursuant to this Act 11 shall be appointed by September 1, 2011. 12 2. Notwithstanding any provision of this Act to the 13 contrary, the director of the board and employees of 14 the board shall not be hired prior to July 1, 2012. 15 3. Prior to July 1, 2012, the board shall meet 16 as necessary to organize and prepare a report to be 17 submitted to the governor and the general assembly. 18 The report shall include a job description for the 19 executive director of the board, goals for board 20 operations, and performance measures to measure 21 achievement of the board’s goals. 22 Sec. 18. EFFECTIVE DATE. Except for the section 23 of this Act establishing transition provisions for the 24 Iowa public information board, this Act takes effect 25 July 1, 2012. > 26 2. Title page, by striking lines 1 through 3 and 27 inserting < An Act relating to violations of the open 28 records and public meetings laws and the creation of 29 the Iowa public information board, and including fee 30 and effective date provisions. > 31 ______________________________ PAM JOCHUM ______________________________ JEFF DANIELSON ______________________________ DAVID JOHNSON ______________________________ KENT SORENSON -9- SF430.1463 (2) 84 rh/rj 9/ 10 #2.