House Study Bill 686 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            ECONOMIC GROWTH BILL BY
                                            CHAIRPERSON THOMAS)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to economic development by providing for the
  2    confidentiality of certain details contained in contracts and
  3    applications for grant funds.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6501HC 82
  6 tw/nh/5

PAG LIN



  1  1    Section 1.  Section 15.104, subsection 6, Code Supplement
  1  2 2007, is amended by adding the following new paragraphs:
  1  3    NEW PARAGRAPH.  a.  In establishing guidelines, procedures,
  1  4 and policies for the awarding of grants, the board shall give
  1  5 due regard to the confidentiality of certain information
  1  6 disclosed during the grant application process.
  1  7    NEW PARAGRAPH.  b.  The board shall consider the written
  1  8 request of an applicant or award recipient to keep
  1  9 confidential certain details of an application, a contract, or
  1 10 the materials submitted in support of an application or a
  1 11 contract.  If the request includes a sufficient explanation as
  1 12 to why the public disclosure of such details would give an
  1 13 unfair advantage to competitors, the board may keep certain
  1 14 details confidential.  If the board elects to keep certain
  1 15 details confidential, the board shall release only the
  1 16 nonconfidential details in response to a request for records
  1 17 pursuant to chapter 22.  If confidential details are withheld
  1 18 from a request for records pursuant to chapter 22, the board
  1 19 shall release an explanation of why the information was deemed
  1 20 confidential and a summary of the nature of the information
  1 21 withheld.
  1 22    NEW PARAGRAPH.  c.  If a request for confidentiality is
  1 23 denied by the board, an applicant may withdraw an application
  1 24 and any supporting materials, and the board shall not retain
  1 25 any copies of the application.  Upon notice that an
  1 26 application has been withdrawn, the board shall not release a
  1 27 copy in response to a request for records pursuant to chapter
  1 28 22.
  1 29                           EXPLANATION
  1 30    This bill relates to the confidentiality of information
  1 31 coming before the economic development board.  This includes
  1 32 applications for grant funds and contracts with the board and
  1 33 any materials submitted in support of such applications or
  1 34 contracts.
  1 35    The bill allows an applicant or a contract party to request
  2  1 that certain details of an application or contract be deemed
  2  2 confidential.  If the board finds that the information would
  2  3 provide a competitive advantage to competitors of the
  2  4 applicant, the board may elect to keep the information
  2  5 confidential.
  2  6    If the board receives a request for records pursuant to
  2  7 Code chapter 22, it must release only the nonconfidential
  2  8 portions of the application or contract.  When the board
  2  9 withholds confidential information, it must also release an
  2 10 explanation as to why the information was kept confidential
  2 11 and a summary of the nature of the information.
  2 12    An applicant whose request for confidentiality is denied
  2 13 may withdraw the application, and in such cases, the board
  2 14 must not retain a copy of the application or release a copy
  2 15 upon a request for records pursuant to Code chapter 22.
  2 16 LSB 6501HC 82
  2 17 tw/nh/5