House File 625 - Introduced HOUSE FILE 625 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 205) A BILL FOR An Act relating to open records and public meetings, including 1 the creation of an open meetings, public records, and 2 privacy advisory committee. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1739HV (3) 84 rh/rj

H.F. 625 Section 1. Section 8A.341, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. If money is appropriated for this purpose, by November 1 3 of each year supply a report which contains the name, gender, 4 county, or city of residence when possible, official title, 5 salary received during the previous fiscal year, base salary as 6 computed on July 1 of the current fiscal year, and traveling 7 and subsistence expense of the personnel of each of the 8 departments, boards, and commissions of the state government 9 except personnel who receive an annual salary of less than one 10 thousand dollars. The number of the personnel and the total 11 amount received by them shall be shown for each department in 12 the report. All employees who have drawn salaries, fees, or 13 expense allowances from more than one department or subdivision 14 shall be listed separately under the proper departmental 15 heading. On the request of the director, the head of each 16 department, board, or commission shall furnish the data 17 covering that agency. The report shall be distributed upon 18 request without charge in an electronic medium to each caucus 19 of the general assembly, the legislative services agency, the 20 chief clerk of the house of representatives, and the secretary 21 of the senate. Copies of the report shall be made available to 22 other persons in an electronic medium upon payment of a fee, 23 which shall not exceed the cost of providing the copy of the 24 report. Sections 22.2 through 22.6 22.5 apply to the report. 25 All funds from the sale of the report shall be deposited in the 26 printing revolving fund established in section 8A.345 . 27 Sec. 2. Section 8E.202, subsection 1, unnumbered paragraph 28 1, Code 2011, is amended to read as follows: 29 The department and each agency shall provide for the widest 30 possible dissemination of information between agencies and the 31 public relating to the enterprise strategic plan and agency 32 strategic plans, including but not limited to internet access. 33 This section does not require the department or an agency to 34 release information which is classified as a confidential 35 -1- LSB 1739HV (3) 84 rh/rj 1/ 25

H.F. 625 record under this Code , including but not limited to section 1 22.7 . 2 Sec. 3. Section 8E.202, subsection 3, Code 2011, is amended 3 to read as follows: 4 3. A record which is confidential under this Code , including 5 but not limited to section 22.7 , shall not be released to the 6 public under this section . 7 Sec. 4. Section 21.1, Code 2011, is amended by striking the 8 section and inserting in lieu thereof the following: 9 21.1 Intent —— declaration of policy. 10 1. The general assembly recognizes that open government is 11 a cornerstone to ensuring and protecting the free exchange of 12 information from government to the people and it is therefore 13 the intent of the general assembly to do all of the following: 14 a. Provide access to governmental information as an 15 essential function of government and an integral part of the 16 routine duties of governmental officers and employees. 17 b. Balance transparency in government with the need to 18 protect personal privacy. 19 c. Recognize barriers that may impede the public’s access 20 to governmental information and participation in governmental 21 functions and remove those barriers. 22 d. Ensure and facilitate the public’s right to access and 23 review governmental information. 24 2. Ambiguity in the construction or application of this 25 chapter should be resolved in favor of openness. 26 Sec. 5. Section 21.4, subsections 1 and 3, Code 2011, are 27 amended to read as follows: 28 1. A Except as provided in subsection 3, a governmental 29 body , except township trustees, shall give notice of the time, 30 date, and place of each meeting including a reconvened meeting 31 of the governmental body , and its the tentative agenda of the 32 meeting , in a manner reasonably calculated to apprise the 33 public of that information. Reasonable notice shall include 34 advising the news media who have filed a request for notice 35 -2- LSB 1739HV (3) 84 rh/rj 2/ 25

H.F. 625 with the governmental body and posting the notice on a bulletin 1 board or other prominent place which is easily accessible to 2 the public and clearly designated for that purpose at the 3 principal office of the body holding the meeting, or if no such 4 office exists, at the building in which the meeting is to be 5 held. 6 3. Subsection 1 does not apply to any of the following: 7 a. A meeting reconvened within four hours of the start of 8 its recess, where an announcement of the time, date, and place 9 of the reconvened meeting is made at the original meeting in 10 open session and recorded in the minutes of the meeting and 11 there is no change in the agenda. 12 b. A meeting held by a formally constituted subunit of a 13 parent governmental body may conduct a meeting without notice 14 as required by this section during a lawful meeting of the 15 parent governmental body , or during a recess in that meeting 16 of up to four hours , or a meeting of that subunit immediately 17 following that the meeting of the parent governmental body , if 18 the meeting of the that subunit is publicly announced in open 19 session at the parent meeting and the subject of the meeting 20 reasonably coincides with the subjects discussed or acted upon 21 by the parent governmental body. 22 Sec. 6. Section 21.5, subsection 1, paragraph j, Code 2011, 23 is amended to read as follows: 24 j. To discuss the purchase of particular real estate only 25 where premature disclosure could be reasonably expected to 26 increase the price the governmental body would have to pay for 27 that property. The minutes and the tape audio recording of 28 a session closed under this paragraph shall be available for 29 public examination when the transaction discussed is completed. 30 Sec. 7. Section 21.5, subsection 4, Code 2011, is amended 31 to read as follows: 32 4. A governmental body shall keep detailed minutes of all 33 discussion, persons present, and action occurring at a closed 34 session, and shall also tape audio record all of the closed 35 -3- LSB 1739HV (3) 84 rh/rj 3/ 25

H.F. 625 session. The detailed minutes and tape audio recording of a 1 closed session shall be sealed and shall not be public records 2 open to public inspection. However, upon order of the court 3 in an action to enforce this chapter , the detailed minutes 4 and tape audio recording shall be unsealed and examined by 5 the court in camera. The court shall then determine what 6 part, if any, of the minutes should be disclosed to the 7 party seeking enforcement of this chapter for use in that 8 enforcement proceeding. In determining whether any portion of 9 the minutes or recording shall be disclosed to such a party for 10 this purpose, the court shall weigh the prejudicial effects 11 to the public interest of the disclosure of any portion of 12 the minutes or recording in question, against its probative 13 value as evidence in an enforcement proceeding. After such a 14 determination, the court may permit inspection and use of all 15 or portions of the detailed minutes and tape audio recording by 16 the party seeking enforcement of this chapter . A governmental 17 body shall keep the detailed minutes and tape audio recording 18 of any closed session for a period of at least one year from the 19 date of that meeting , except as otherwise required by law . 20 Sec. 8. Section 21.6, subsection 3, paragraph a, Code 2011, 21 is amended to read as follows: 22 a. Shall assess each member of the governmental body who 23 participated in its violation damages in the amount of not more 24 than five hundred dollars nor and not less than one hundred 25 dollars. However, if a member of a governmental body knowingly 26 participated in such a violation, damages shall be in the 27 amount of not more than two thousand five hundred dollars 28 and not less than one thousand dollars. These damages shall 29 be paid by the court imposing it to the state of Iowa, if 30 the body in question is a state governmental body, or to the 31 local government involved if the body in question is a local 32 governmental body. A member of a governmental body found to 33 have violated this chapter shall not be assessed such damages 34 if that member proves that the member did any of the following: 35 -4- LSB 1739HV (3) 84 rh/rj 4/ 25

H.F. 625 (1) Voted against the closed session. 1 (2) Had good reason to believe and in good faith believed 2 facts which, if true, would have indicated compliance with all 3 the requirements of this chapter . 4 (3) Reasonably relied upon a decision of a court , or a 5 formal opinion of the attorney general , or the attorney for the 6 governmental body , given in writing, or as memorialized in the 7 minutes of the meeting at which an oral opinion was given, or 8 an advisory opinion of the attorney general, or the attorney 9 for the governmental body, given in writing . 10 Sec. 9. Section 21.8, subsection 1, unnumbered paragraph 1, 11 Code 2011, is amended to read as follows: 12 A governmental body may conduct a meeting and individual 13 members of a governmental body may participate in meetings of 14 a governmental body by electronic means only in circumstances 15 where such a meeting in person is impossible or impractical 16 and only if the governmental body complies with all of the 17 following: 18 Sec. 10. NEW SECTION . 22.0A Intent —— declaration of 19 policy. 20 1. The general assembly recognizes that open government is 21 a cornerstone to ensuring and protecting the free exchange of 22 information from government to the people and it is therefore 23 the intent of the general assembly to do all of the following: 24 a. Provide access to governmental information as an 25 essential function of government and an integral part of the 26 routine duties of government officers and employees. 27 b. Balance transparency in government with the need to 28 protect personal privacy. 29 c. Recognize barriers that may impede the public’s access 30 to governmental information and participation in governmental 31 functions and remove those barriers. 32 d. Ensure and facilitate the public’s right to access and 33 review government information. 34 2. Ambiguity in the construction or application of this 35 -5- LSB 1739HV (3) 84 rh/rj 5/ 25

H.F. 625 chapter should be resolved in favor of openness. 1 Sec. 11. Section 22.2, subsection 1, Code 2011, is amended 2 to read as follows: 3 1. a. Every person shall have the right to examine and 4 copy a public record and to publish or otherwise disseminate a 5 public record or the information contained in a public record. 6 b. Unless otherwise provided for by law, the right to 7 examine a public record shall include the right to examine a 8 public record without charge while the public record is in the 9 physical possession of the custodian of the public record. The 10 c. Unless otherwise provide for by law, the right to copy 11 a public record shall include the right to make photographs 12 or photographic copies while the public record is in the 13 possession of the custodian of the public record. If a public 14 record exists in electronic format, the governmental body shall 15 provide a copy of the public record in electronic form, if 16 reasonable. All rights under this section are in addition to 17 the right to obtain a certified copy of a public record under 18 section 622.46 . 19 Sec. 12. NEW SECTION . 22.2A Record requests —— time limits. 20 1. Upon receipt of an oral or written request to examine or 21 copy a public record, the lawful custodian shall, if feasible 22 in the ordinary course of business, permit such examination 23 or copying at the time of the request. If it is not feasible 24 in the ordinary course of business to permit examination or 25 copying of the public record at the time of the request, 26 the lawful custodian shall immediately notify the requester, 27 orally or in writing, when such examination or copying may take 28 place, which shall be no later than five business days from 29 the time of the request unless there is good cause for further 30 delay. If further delay is necessary because of good cause 31 in responding to a request to examine or copy a record the 32 lawful custodian knows is a public record, the lawful custodian 33 shall provide the requester with a written statement detailing 34 the reason or reasons for the delay and the date by which the 35 -6- LSB 1739HV (3) 84 rh/rj 6/ 25

H.F. 625 request will be satisfied. 1 2. If the lawful custodian is in doubt as to whether the 2 record requested is a public record or whether the requester 3 should be permitted to examine or copy a public record 4 specified in section 22.7, the lawful custodian shall make 5 that determination within ten business days from the date of 6 the request unless further delay is necessary because of good 7 cause, which is communicated in writing to the requester. 8 Examination or copying of the government record shall be 9 allowed within five business days from the date the lawful 10 custodian makes the determination in such circumstances to 11 permit examination or copying of the record unless there is 12 good cause for further delay in fulfilling the request as 13 provided in subsection 1. 14 3. If the lawful custodian denies a request to examine or 15 copy a public record, the custodian must provide the requester 16 at the time of the denial a written statement denying the 17 request and detailing the specific reason or reasons for the 18 denial. 19 4. If the lawful custodian does not fulfill a request to 20 examine or copy a public record within the times prescribed 21 in this section, the request shall be deemed denied and the 22 requester shall be entitled to file a lawsuit against the 23 lawful custodian pursuant to section 22.10. 24 Sec. 13. Section 22.3, Code 2011, is amended to read as 25 follows: 26 22.3 Supervision —— fees. 27 1. The examination and copying of public records shall 28 be done under the supervision of the lawful custodian of 29 the records or the custodian’s authorized designee. The 30 lawful custodian shall not require the physical presence of 31 a person requesting or receiving a copy of a public record 32 and shall fulfill requests for a copy of a public record 33 received in writing, by telephone, or by electronic means. 34 Fulfillment of a request for a copy of a public record may be 35 -7- LSB 1739HV (3) 84 rh/rj 7/ 25

H.F. 625 contingent upon receipt of payment of expenses to be incurred 1 in fulfilling the request and such estimated expenses shall 2 be communicated to the requester upon receipt of the request 3 who shall be responsible for payment of such expenses once the 4 requester authorizes the copy of the public record . The lawful 5 custodian may adopt and enforce reasonable rules regarding the 6 examination and copying of the records and the protection of 7 the records against damage or disorganization. The lawful 8 custodian shall provide a suitable place for the examination 9 and copying of the records, but if it is impracticable to do 10 the examination and copying of the records in the office of 11 the lawful custodian, the person desiring to examine or copy 12 shall pay any necessary expenses of providing a place for the 13 examination and copying. 14 2. All expenses of the examination and copying shall be 15 paid by the person desiring to examine or copy. The lawful 16 custodian may charge a reasonable fee for the services of 17 the lawful custodian or the custodian’s authorized designee 18 in supervising the examination and copying of the records or 19 in reviewing the records for confidential information prior 20 to release. If the lawful custodian is an executive branch 21 agency, the lawful custodian shall provide such services at 22 no charge to a requester for up to three hours per month . 23 If copy equipment is available at the office of the lawful 24 custodian of any public records, the lawful custodian shall 25 provide any person a reasonable number of copies of any public 26 record in the custody of the office upon the payment of a 27 fee. The fee for the copying service as determined by the 28 lawful custodian shall not exceed the actual cost of providing 29 the service. Actual costs shall include only those expenses 30 directly attributable to supervising the examination of and 31 making and providing copies of public records. Actual costs 32 shall not include charges for ordinary expenses or costs such 33 as employment benefits, depreciation, maintenance, electricity, 34 or insurance associated with the administration of the office 35 -8- LSB 1739HV (3) 84 rh/rj 8/ 25

H.F. 625 of the lawful custodian. 1 Sec. 14. Section 22.7, subsections 7 and 8, Code 2011, are 2 amended to read as follows: 3 7. Appraisals or appraisal information concerning the sale 4 or purchase of real or personal property for public purposes, 5 prior to public announcement of a project the execution of any 6 contract for such sale or purchase or the submission of the 7 appraisal to the property owner or other interest holders as 8 provided in section 6B.45 . 9 8. Iowa department of economic development information 10 Information on an industrial or commercial development prospect 11 with which the Iowa department of economic development or a 12 city is currently negotiating , prior to submission by the 13 department or the city of a proposal for financial assistance 14 or other incentives for the prospect for approval by the 15 director of the department or by the governing body of the 16 city . 17 Sec. 15. Section 22.7, subsection 10, Code 2011, is amended 18 by striking the subsection. 19 Sec. 16. Section 22.7, subsection 11, Code 2011, is amended 20 to read as follows: 21 11. a. Personal information in confidential personnel 22 records of public government bodies including but not limited 23 to cities, boards of supervisors and school districts. relating 24 to identified or identifiable individuals who are officials, 25 officers, or employees of the government bodies. However, the 26 following information relating to such individuals contained in 27 personnel records shall be public records: 28 (1) The name and compensation of the individual including 29 any written agreement establishing compensation or any other 30 terms of employment excluding any information otherwise 31 excludable from public information pursuant to this section or 32 any other applicable provision of law. For purposes of this 33 subparagraph, “compensation” means payment of, or agreement 34 to pay, any money, thing of value, or financial benefit 35 -9- LSB 1739HV (3) 84 rh/rj 9/ 25

H.F. 625 conferred in return for labor or services rendered by an 1 officer, employee, or other person plus the value of benefits 2 including but not limited to casualty, disability, life, or 3 health insurance; other health or wellness benefits; vacation, 4 holiday, and sick leave; severance payments; retirement 5 benefits; and deferred compensation. 6 (2) The date the individual was employed by the government 7 body. 8 (3) The positions the individual holds or has held with the 9 government body. 10 (4) The educational institutions attended by the 11 individual, including any diplomas and degrees earned, and 12 the names of the individual’s previous employers, positions 13 previously held, and dates of previous employment. 14 (5) Any final disciplinary action taken against the 15 individual that resulted in the individual’s discharge. 16 b. Personal information in confidential personnel records of 17 government bodies relating to student employees shall only be 18 released pursuant to 20 U.S.C. § 1232g. 19 Sec. 17. Section 22.7, subsections 40, 43, and 48, Code 20 2011, are amended to read as follows: 21 40. The portion of a record request that contains an 22 internet protocol number which identifies the computer from 23 which a person requests a record, whether the person using 24 such computer makes the request through the IowAccess network 25 or directly to a lawful custodian . However, such record may 26 be released with the express written consent of the person 27 requesting the record. 28 43. Information obtained by the commissioner of insurance 29 pursuant to section 502.607 , subsection 2 . 30 48. Sex offender registry records under chapter 692A , 31 except shall only be released as provided in section 692A.121 . 32 Sec. 18. Section 22.7, subsection 52, paragraphs a and c, 33 Code 2011, are amended to read as follows: 34 a. The following records relating to a charitable donation 35 -10- LSB 1739HV (3) 84 rh/rj 10/ 25

H.F. 625 made to a foundation acting solely for the support of an 1 institution governed by the state board of regents, to a 2 foundation acting solely for the support of an institution 3 governed by chapter 260C , to a private foundation as defined 4 in section 509 of the Internal Revenue Code organized for the 5 support of a government body, or to an endow Iowa qualified 6 community foundation, as defined in section 15E.303 , organized 7 for the support of a government body : 8 (1) Portions of records that disclose a donor’s or 9 prospective donor’s personal, financial, estate planning, or 10 gift planning matters. 11 (2) Records received from a donor or prospective donor 12 regarding such donor’s prospective gift or pledge. 13 (3) Records containing information about a donor or a 14 prospective donor in regard to the appropriateness of the 15 solicitation and dollar amount of the gift or pledge. 16 (4) Portions of records that identify a prospective donor 17 and that provide information on the appropriateness of the 18 solicitation, the form of the gift or dollar amount requested 19 by the solicitor, and the name of the solicitor. 20 (5) Portions of records disclosing the identity of a donor 21 or prospective donor, including the specific form of gift 22 or pledge that could identify a donor or prospective donor, 23 directly or indirectly, when such donor has requested anonymity 24 in connection with the gift or pledge. This subparagraph does 25 not apply to a gift or pledge from a publicly held business 26 corporation. 27 c. Except as provided in paragraphs “a” and “b” , portions 28 of records relating to the receipt, holding, and disbursement 29 of gifts made for the benefit of regents institutions and 30 made through foundations established for support of regents 31 institutions, including but not limited to written fund-raising 32 policies and documents evidencing fund-raising practices, shall 33 be subject to this chapter . Unless otherwise provided, the 34 lawful custodian of all records subject to this paragraph is 35 -11- LSB 1739HV (3) 84 rh/rj 11/ 25

H.F. 625 the regents institution to be benefited by such gifts. 1 Sec. 19. Section 22.7, subsection 55, Code 2011, is amended 2 to read as follows: 3 55. An intelligence assessment and intelligence data under 4 chapter 692 , except shall only be released as provided in 5 section 692.8A . 6 Sec. 20. Section 22.7, Code 2011, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 66. Drafts, memoranda, or notes. Drafts, 9 memoranda, or notes in preliminary form. However, such 10 a record considered or used in the final formulation, 11 recommendation, adoption, or execution of any official 12 policy or action by a public official authorized to make such 13 decisions for the governmental body shall be available for 14 examination and copying at the time the record is distributed 15 to a majority of the government body for consideration or is 16 adopted or executed as the official policy or official action 17 of a government body. 18 Sec. 21. NEW SECTION . 22.7A Social security numbers in 19 public records. 20 1. To the greatest extent feasible, a government body shall 21 not disclose a person’s social security number unless the 22 disclosure is authorized by law. 23 2. A government body shall make reasonable efforts to 24 exclude social security numbers from public records, as 25 follows: 26 a. Exclude social security numbers on licenses, permits, and 27 other documents that may be readily observed by the public. 28 b. Give individuals the option not to submit a social 29 security number to the government body unless submission of 30 the social security number is essential to the provision of 31 services by the government body or is required by law. 32 c. Make any other efforts to prevent social security numbers 33 from being included in public records and to protect such 34 numbers from disclosure. 35 -12- LSB 1739HV (3) 84 rh/rj 12/ 25

H.F. 625 3. If a public record contains a social security number, 1 the government body shall, to the extent practicable, make 2 reasonable efforts to redact the social security number prior 3 to releasing the record if such redaction does not materially 4 affect the value of the public record and is permitted by law. 5 The redaction of a social security number from a public record 6 shall not delay public access to the public record except for 7 the time required to perform the actual redaction. As used in 8 this subsection, “redact” means to render the social security 9 number unreadable or truncated so that no more than the last 10 four digits of the social security number may be accessed as 11 part of the record. 12 4. A government body that solicits information containing 13 a person’s social security number or that is the lawful 14 custodian of public records containing social security 15 numbers shall, if subject to chapter 17A, adopt rules or, if a 16 political subdivision or other public body, adopt guidelines to 17 administer the use and disclosure of social security numbers 18 consistent with this section. 19 Sec. 22. Section 22.10, subsection 3, paragraph b, Code 20 2011, is amended to read as follows: 21 b. Shall assess the persons who participated in its 22 violation damages in the amount of not more than five hundred 23 dollars nor and not less than one hundred dollars. However, if 24 a member of a government body knowingly participated in such a 25 violation, damages shall be in the amount of not more than two 26 thousand five hundred dollars and not less than one thousand 27 dollars. These damages shall be paid by the court imposing 28 them to the state of Iowa if the body in question is a state 29 government body, or to the local government involved if the 30 body in question is a local government body. A person found to 31 have violated this chapter shall not be assessed such damages 32 if that person proves that the person either voted did any of 33 the following: 34 (1) Voted against the action violating this chapter , 35 -13- LSB 1739HV (3) 84 rh/rj 13/ 25

H.F. 625 refused to participate in the action violating this chapter , or 1 engaged in reasonable efforts under the circumstances to resist 2 or prevent the action in violation of this chapter ; had . 3 (2) Had good reason to believe and in good faith believed 4 facts which, if true, would have indicated compliance with the 5 requirements of this chapter ; or reasonably . 6 (3) Reasonably relied upon a decision of a court or an , a 7 formal opinion of the attorney general , or the attorney for the 8 government body , given in writing, or as memorialized in the 9 minutes of the meeting at which an oral opinion was given, or 10 an advisory opinion of the attorney general or the attorney for 11 the government body, given in writing . 12 Sec. 23. Section 22.10, subsection 5, Code 2011, is amended 13 by striking the subsection. 14 Sec. 24. Section 22.13, Code 2011, is amended to read as 15 follows: 16 22.13 Settlements —— governmental government bodies. 17 1. A written summary of the terms of settlement, including 18 amounts of payments made to or through a claimant, or 19 other disposition of any claim for damages made against a 20 governmental government body or against an employee, officer, 21 or agent of a governmental government body, by an insurer 22 pursuant to a contract of liability insurance issued to 23 the governmental government body, shall be filed with the 24 governmental government body and shall be a public record. 25 2. A final binding settlement agreement between any 26 government body of this state or unit or official of such a 27 government body that resolves a legal dispute between such a 28 government body and another person or entity shall be filed 29 with the government body. For each such settlement agreement, 30 the government body shall prepare and file, together with the 31 settlement agreement, a brief summary indicating the identity 32 of the parties involved, the factual and legal nature of the 33 dispute, and the terms of the settlement. The settlement 34 agreement and summary shall be available for public inspection. 35 -14- LSB 1739HV (3) 84 rh/rj 14/ 25

H.F. 625 Sec. 25. Section 22.14, subsection 3, Code 2011, is amended 1 to read as follows: 2 3. If a fiduciary or other third party with custody of 3 public investment transactions records fails to produce public 4 records within a reasonable period of time as requested by 5 the public government body, the public government body shall 6 make no new investments with or through the fiduciary or other 7 third party and shall not renew existing investments upon their 8 maturity with or through the fiduciary or other third party. 9 The fiduciary or other third party shall be liable for the 10 penalties imposed under section 22.6 statute, common law, or 11 contract due to the acts or omissions of the fiduciary or other 12 third party and any other remedies available under statute, 13 common law, or contract . 14 Sec. 26. NEW SECTION . 22.15 Judicial branch —— rules. 15 This chapter does not apply to government records owned, 16 created, possessed, or under the control of the judicial branch 17 related to the performance by the courts of their judicial 18 functions. The supreme court shall prescribe rules governing 19 access to such records consistent with the purposes of this 20 chapter. 21 Sec. 27. NEW SECTION . 23.1 Open meetings, public records, 22 and privacy advisory committee. 23 1. Committee established. An open meetings, public records, 24 and privacy advisory committee is established to serve as a 25 resource for public access to government information in light 26 of the policy of this state to provide as much public access to 27 government information and proceedings as is consistent with 28 the public interest and the need to protect individuals against 29 undue invasions of personal privacy. 30 2. Membership. 31 a. The advisory committee shall consist of seventeen members 32 including twelve voting members and five nonvoting members. 33 (1) The voting members shall be the following: 34 (a) One member representing municipal interests recommended 35 -15- LSB 1739HV (3) 84 rh/rj 15/ 25

H.F. 625 by the Iowa league of cities, appointed by the governor. 1 (b) One member representing county or regional interests 2 recommended by the Iowa state association of counties, 3 appointed by the governor. 4 (c) One member representing educational interests jointly 5 recommended by the Iowa association of school boards, the Iowa 6 association of community college trustees, and the state board 7 of regents, appointed by the governor. 8 (d) One member representing freedom of information advocacy 9 group interests recommended by the Iowa freedom of information 10 council, appointed by the governor. 11 (e) One member representing newspaper interests recommended 12 by the Iowa newspaper association, appointed by the governor. 13 (f) One member representing broadcasting interests 14 recommended by the Iowa broadcasters association, appointed by 15 the governor. 16 (g) Three public members, appointed by the governor. 17 (h) The attorney general or the attorney general’s 18 designee. 19 (i) The citizens’ aide or the citizens’ aide’s designee. 20 (j) The director of the department of cultural affairs or 21 the director’s designee. 22 (2) The nonvoting members of the advisory committee shall 23 be a representative from the department of administrative 24 services with expertise in electronic records, two state 25 representatives, one appointed by the speaker of the house of 26 representatives and one appointed by the minority leader of the 27 house of representatives, and two state senators, one appointed 28 by the majority leader of the senate and one appointed by the 29 minority leader of the senate. 30 b. A majority of the advisory committee members shall 31 constitute a quorum. 32 3. Duties. The advisory committee shall: 33 a. Serve as the central coordinator of information about 34 the public’s right to access government information and 35 -16- LSB 1739HV (3) 84 rh/rj 16/ 25

H.F. 625 proceedings. The advisory committee shall provide basic 1 information about the requirements of chapters 21 and 22 and 2 other relevant freedom of information laws and shall also 3 provide information about best practices for state and local 4 governments to comply with and to enforce such laws. 5 b. Serve as a resource to support the establishment and 6 maintenance of a central publicly accessible internet site 7 that provides specific guidance to members of the public about 8 utilizing the relevant law to be better informed and active 9 participants in open government. 10 c. Make training opportunities available to lawful 11 custodians, government bodies, governmental bodies, and other 12 persons subject to the requirements of chapters 21 and 22 and 13 require all newly employed persons who have responsibilities in 14 relation to chapters 21 and 22 to receive training upon initial 15 employment and to require all employees to receive annual 16 training thereafter approved by the advisory committee. 17 d. Make recommendations to the governor and the general 18 assembly by proposing legislation relating to issues involving 19 public access to meetings of a governmental body and to records 20 of a government body including but not limited to the following 21 issues: 22 (1) The categorization of government records. 23 (2) Public employment applications. 24 (3) Information unduly invading personal privacy including 25 personal information on mailing lists and opt-in provisions 26 relating to such lists. 27 (4) Serial meetings of less than a majority of a 28 governmental body. 29 (5) Definitions of what constitutes a governmental body for 30 purposes of chapter 21 and what constitutes a government body 31 for purposes of chapter 22. 32 e. Aid the general assembly in evaluating the impact of 33 legislation affecting public access to government information. 34 f. Conduct public hearings, conferences, workshops, and 35 -17- LSB 1739HV (3) 84 rh/rj 17/ 25

H.F. 625 other meetings as necessary to address problems and suggest 1 solutions concerning access to government information and 2 proceedings. 3 g. Review the collection, maintenance, and use of government 4 records by lawful custodians to ensure that confidential 5 records and information are handled to adequately protect 6 personal privacy interests. 7 4. Meetings. The advisory committee shall elect a 8 chairperson and vice chairperson. The committee shall meet at 9 least three times per year but may meet as often as necessary. 10 At least one of the meetings shall be held during the regular 11 legislative session. Meetings may be called by the chairperson 12 or at the request of four members. The advisory committee is 13 subject to the open meetings requirements of chapter 21. 14 5. Expenses or compensation. 15 a. A member of the general assembly shall be paid, in 16 accordance with section 2.10, per diem and necessary travel and 17 actual expenses incurred in attending meetings of the advisory 18 committee. 19 b. Public members appointed by the governor shall receive 20 reimbursement for actual and necessary expenses incurred while 21 serving in their official capacity. 22 6. Funding. The advisory committee may seek grants, 23 appropriations, and outside funding to fund the costs of 24 public hearings, conferences, workshops, and other activities 25 of the committee. Contributions to support the work of the 26 committee shall not be accepted from a political party with a 27 pecuniary or other vested interest in the outcome of the issues 28 considered by the committee. 29 7. Staffing. The legislative services agency shall provide 30 staffing and administrative support for the advisory committee. 31 In addition, the committee may contract for administrative, 32 professional, and clerical services subject to the availability 33 of funding. 34 8. Report. The advisory committee shall conduct an 35 -18- LSB 1739HV (3) 84 rh/rj 18/ 25