House Amendment to Senate File 430 S-5215 Amend Senate File 430, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 2, line 3 22, and inserting: 4 < Section 1. Section 21.6, subsection 3, paragraph 5 a, subparagraph (3), Code Supplement 2011, is amended 6 to read as follows: 7 (3) Reasonably relied upon a decision of a court, 8 a formal opinion of the Iowa public information 9 board, the attorney general, or the attorney for the 10 governmental body, given in writing, or as memorialized 11 in the minutes of the meeting at which a formal oral 12 opinion was given, or an advisory opinion of the Iowa 13 public information board, the attorney general , or the 14 attorney for the governmental body, given in writing. 15 Sec. ___. Section 22.7, Code Supplement 2011, is 16 amended by adding the following new subsection: 17 NEW SUBSECTION . 65. Tentative, preliminary, 18 draft, speculative, or research material, prior 19 to its completion for the purpose for which it is 20 intended and in a form prior to the form in which it is 21 submitted for use or used in the actual formulation, 22 recommendation, adoption, or execution of any official 23 policy or action by a public official authorized to 24 make such decisions for the governmental body or the 25 government body. This subsection shall not apply to 26 public records that are actually submitted for use or 27 are used in the formulation, recommendation, adoption, 28 or execution of any official policy or action of a 29 governmental body or a government body by a public 30 official authorized to adopt or execute official policy 31 for the governmental body or the government body. 32 Sec. ___. Section 22.10, subsection 3, paragraph 33 b, subparagraph (3), Code Supplement 2011, is amended 34 to read as follows: 35 (3) Reasonably relied upon a decision of a court, 36 a formal opinion of the Iowa public information 37 board, the attorney general, or the attorney for the 38 government body, given in writing, or as memorialized 39 in the minutes of the meeting at which a formal oral 40 opinion was given, or an advisory opinion of the Iowa 41 public information board, the attorney general , or the 42 attorney for the government body, given in writing. > 43 2. Page 3, by striking lines 19 through 31 and 44 inserting: 45 < 1. An Iowa public information board is created 46 consisting of nine members appointed by the governor, 47 subject to confirmation by the senate. No more than 48 three members appointed shall be representatives from 49 the media including newspapers and no more than three 50 -1- SF430.5909.H (1) 84 md 1/ 3 #1. #2.

members appointed shall be representatives of cities, 1 counties, and other political subdivisions of the 2 state. > 3 3. Page 3, by striking lines 32 through 35 and 4 inserting: 5 < 2. Appointments to the board shall be subject to 6 sections 69.16 and 69.16A. > 7 4. Page 4, line 4, by striking < four > and inserting 8 < five > 9 5. Page 4, after line 12 by inserting: 10 < 8. The board shall be an independent agency. > 11 6. Page 4, line 32, by striking < dismiss the action 12 without prejudice > and inserting < stay the action 13 pending resolution of the complaint with the board > 14 7. Page 5, line 1, by striking < dismissed > and 15 inserting < stayed > 16 8. Page 5, by striking lines 12 through 18 and 17 inserting: 18 < 1. Employ one employee as executive director who 19 is an attorney admitted to practice law in the courts 20 of this state to execute its authority and prosecute 21 respondents in proceedings before the board and to 22 represent the board in proceedings before a court. > 23 9. By striking page 7, line 32, through page 8, 24 line 1. 25 10. Page 9, line 25, after < respondent. > by 26 inserting < Notwithstanding section 17A.10A, if there 27 are no material facts in dispute, the board may order 28 that the contested case procedures relating to the 29 presentation of evidence shall not apply. > 30 11. Page 9, line 25, after < by the > by inserting 31 < executive > 32 12. Page 10, after line 11 by inserting: 33 < (3) Require the respondent to take any remedial 34 action deemed appropriate by the board. >> 35 13. By striking page 10, line 33, through page 11, 36 line 6. 37 14. Page 11, line 11, by striking < 2011 > and 38 inserting < 2012 > 39 15. Page 11, by striking lines 13 and 14 and 40 inserting < contrary, the executive director of the 41 board shall not be hired prior to July 1, 2013. > 42 16. Page 11, line 15, by striking < 2012 > and 43 inserting < 2013 > 44 17. Page 11, line 19, after < operations, > by 45 inserting < procedures for the handling of confidential 46 information by the executive director and members of 47 the board, conflict of interest policies for board 48 members, > 49 18. Page 11, line 23, by striking < 2012 > and 50 -2- SF430.5909.H (1) 84 md 2/ 3 #3. #4. #5. #6. #7. #8. #9. #10. #11. #12. #13. #14. #15. #16. #17.