S.F. 25 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 1488XS (11) 84 rh/rj 1/ 11

S.F. 25 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 21.2, subsection 1, Code 2011, is amended by 8 adding the following new paragraph: 9 NEW PARAGRAPH . k. An entity eligible to exercise tax-exempt 10 bonding authority under chapter 7C, including a nonprofit 11 tax-exempt bonding authority under chapter 7C designated by the 12 state to serve as a secondary market for student loans and a 13 nonprofit tax-exempt bonding authority under chapter 7C whose 14 board of directors is appointed by the governor. 15 Sec. 5. Section 21.4, subsections 1 and 3, Code 2011, are 16 amended to read as follows: 17 1. A Except as provided in subsection 3, a governmental 18 body , except township trustees, shall give notice of the time, 19 date, and place of each meeting including a reconvened meeting 20 of the governmental body , and its the tentative agenda of the 21 meeting , in a manner reasonably calculated to apprise the 22 public of that information. Reasonable notice shall include 23 advising the news media who have filed a request for notice 24 with the governmental body and posting the notice on a bulletin 25 board or other prominent place which is easily accessible to 26 the public and clearly designated for that purpose at the 27 principal office of the body holding the meeting, or if no such 28 office exists, at the building in which the meeting is to be 29 held. 30 3. Subsection 1 does not apply to any of the following: 31 a. A meeting reconvened within four hours of the start of 32 its recess, where an announcement of the time, date, and place 33 of the reconvened meeting is made at the original meeting in 34 open session and recorded in the minutes of the meeting and 35 -2- LSB 1488XS (11) 84 rh/rj 2/ 11

S.F. 25 there is no change in the agenda. 1 b. A meeting held by a formally constituted subunit of a 2 parent governmental body may conduct a meeting without notice 3 as required by this section during a lawful meeting of the 4 parent governmental body , or during a recess in that meeting 5 of up to four hours , or a meeting of that subunit immediately 6 following that the meeting of the parent governmental body , if 7 the meeting of the that subunit is publicly announced in open 8 session at the parent meeting and the subject of the meeting 9 reasonably coincides with the subjects discussed or acted upon 10 by the parent governmental body. 11 Sec. 6. Section 21.5, subsection 1, paragraph j, Code 2011, 12 is amended to read as follows: 13 j. To discuss the purchase of particular real estate only 14 where premature disclosure could be reasonably expected to 15 increase the price the governmental body would have to pay for 16 that property. The minutes and the tape audio recording of 17 a session closed under this paragraph shall be available for 18 public examination when the transaction discussed is completed. 19 Sec. 7. Section 21.5, subsection 4, Code 2011, is amended 20 to read as follows: 21 4. A governmental body shall keep detailed minutes of all 22 discussion, persons present, and action occurring at a closed 23 session, and shall also tape audio record all of the closed 24 session. The detailed minutes and tape audio recording of a 25 closed session shall be sealed and shall not be public records 26 open to public inspection. However, upon order of the court 27 in an action to enforce this chapter , the detailed minutes 28 and tape audio recording shall be unsealed and examined by 29 the court in camera. The court shall then determine what 30 part, if any, of the minutes should be disclosed to the 31 party seeking enforcement of this chapter for use in that 32 enforcement proceeding. In determining whether any portion of 33 the minutes or recording shall be disclosed to such a party for 34 this purpose, the court shall weigh the prejudicial effects 35 -3- LSB 1488XS (11) 84 rh/rj 3/ 11

S.F. 25 to the public interest of the disclosure of any portion of 1 the minutes or recording in question, against its probative 2 value as evidence in an enforcement proceeding. After such a 3 determination, the court may permit inspection and use of all 4 or portions of the detailed minutes and tape audio recording by 5 the party seeking enforcement of this chapter . A governmental 6 body shall keep the detailed minutes and tape audio recording 7 of any closed session for a period of at least one year from the 8 date of that meeting , except as otherwise required by law . 9 Sec. 8. Section 21.6, subsection 3, paragraph a, Code 2011, 10 is amended to read as follows: 11 a. Shall assess each member of the governmental body who 12 participated in its violation damages in the amount of not more 13 than five hundred dollars nor and not less than one hundred 14 dollars. However, if a member of a governmental body knowingly 15 participated in such a violation, damages shall be in the 16 amount of not more than two thousand five hundred dollars 17 and not less than one thousand dollars. These damages shall 18 be paid by the court imposing it to the state of Iowa, if 19 the body in question is a state governmental body, or to the 20 local government involved if the body in question is a local 21 governmental body. A member of a governmental body found to 22 have violated this chapter shall not be assessed such damages 23 if that member proves that the member did any of the following: 24 (1) Voted against the closed session. 25 (2) Had good reason to believe and in good faith believed 26 facts which, if true, would have indicated compliance with all 27 the requirements of this chapter . 28 (3) Reasonably relied upon a decision of a court , or a 29 formal opinion of the attorney general , or the attorney for 30 the governmental body , given in writing, or as memorialized in 31 the minutes of the meeting at which a formal oral opinion was 32 given, or an advisory opinion of the attorney general or the 33 attorney for the governmental body, given in writing . 34 Sec. 9. Section 22.1, subsection 1, Code 2011, is amended 35 -4- LSB 1488XS (11) 84 rh/rj 4/ 11

S.F. 25 to read as follows: 1 1. The term “government body” means this state, or 2 any county, city, township, school corporation, political 3 subdivision, tax-supported district, nonprofit corporation 4 other than a fair conducting a fair event as provided in 5 chapter 174 , whose facilities or indebtedness are supported 6 in whole or in part with property tax revenue and which is 7 licensed to conduct pari-mutuel wagering pursuant to chapter 8 99D ; the governing body of a drainage or levee district as 9 provided in chapter 468 , including a board as defined in 10 section 468.3 , regardless of how the district is organized; 11 an entity eligible to exercise tax-exempt bonding authority 12 under chapter 7C, including a nonprofit tax-exempt bonding 13 authority under chapter 7C designated by the state to serve as 14 a secondary market for student loans and a nonprofit tax-exempt 15 bonding authority under chapter 7C whose board of directors is 16 appointed by the governor, or other entity of this state, or 17 any branch, department, board, bureau, commission, council, 18 committee, official, or officer of any of the foregoing or any 19 employee delegated the responsibility for implementing the 20 requirements of this chapter . 21 Sec. 10. Section 22.7, subsection 7, Code 2011, is amended 22 to read as follows: 23 7. Appraisals or appraisal information concerning the 24 purchase of real or personal property for public purposes, 25 prior to public announcement of a project the submission of the 26 appraisal to the property owner or other interest holders as 27 provided in section 6B.45 . 28 Sec. 11. Section 22.7, subsection 10, Code 2011, is amended 29 by striking the subsection. 30 Sec. 12. Section 22.7, subsection 11, Code 2011, is amended 31 to read as follows: 32 11. a. Personal information in confidential personnel 33 records of public government bodies including but not limited 34 to cities, boards of supervisors and school districts relating 35 -5- LSB 1488XS (11) 84 rh/rj 5/ 11

S.F. 25 to identified or identifiable individuals who are officials, 1 officers, or employees of the government bodies . However, the 2 following information relating to such individuals contained in 3 personnel records shall be public records: 4 (1) The name and compensation of the individual including 5 any written agreement establishing compensation or any other 6 terms of employment excluding any information otherwise 7 excludable from public information pursuant to this section or 8 any other applicable provision of law. For purposes of this 9 paragraph, “compensation” means payment of, or agreement to pay, 10 any money, thing of value, or financial benefit conferred in 11 return for labor or services rendered by an officer, employee, 12 or other person plus the value of benefits including but not 13 limited to casualty, disability, life, or health insurance, 14 other health or wellness benefits, vacation, holiday, and sick 15 leave, severance payments, retirement benefits, and deferred 16 compensation. 17 (2) The date the individual was employed by the government 18 body. 19 (3) The positions the individual holds or has held with the 20 government body. 21 (4) The educational institutions attended by the 22 individual, including any diplomas and degrees earned, and 23 the names of the individual’s previous employers, positions 24 previously held, and dates of previous employment. 25 (5) Any final disciplinary action taken against the 26 individual that resulted in the individual’s discharge. 27 b. Personal information in confidential personnel records of 28 government bodies relating to student employees shall only be 29 released pursuant to 20 U.S.C. § 1232g. 30 Sec. 13. Section 22.10, subsection 3, paragraph b, Code 31 2011, is amended to read as follows: 32 b. Shall assess the persons who participated in its 33 violation damages in the amount of not more than five hundred 34 dollars nor and not less than one hundred dollars. However, if 35 -6- LSB 1488XS (11) 84 rh/rj 6/ 11

S.F. 25 a person knowingly participated in such a violation, damages 1 shall be in the amount of not more than two thousand five 2 hundred dollars and not less than one thousand dollars. These 3 damages shall be paid by the court imposing them to the state 4 of Iowa if the body in question is a state government body, 5 or to the local government involved if the body in question 6 is a local government body. A person found to have violated 7 this chapter shall not be assessed such damages if that person 8 proves that the person either voted did any of the following: 9 (1) Voted against the action violating this chapter , 10 refused to participate in the action violating this chapter , or 11 engaged in reasonable efforts under the circumstances to resist 12 or prevent the action in violation of this chapter ; had . 13 (2) Had good reason to believe and in good faith believed 14 facts which, if true, would have indicated compliance with the 15 requirements of this chapter ; or reasonably . 16 (3) Reasonably relied upon a decision of a court or an , a 17 formal opinion of the attorney general , or the attorney for 18 the government body , given in writing, or as memorialized in 19 the minutes of the meeting at which a formal oral opinion was 20 given, or an advisory opinion of the attorney general or the 21 attorney for the government body, given in writing . 22 Sec. 14. Section 22.10, subsection 5, Code 2011, is amended 23 by striking the subsection. 24 Sec. 15. Section 22.13, Code 2011, is amended to read as 25 follows: 26 22.13 Settlements —— governmental government bodies. 27 1. A written summary of the terms of settlement, including 28 amounts of payments made to or through a claimant, or 29 other disposition of any claim for damages made against a 30 governmental government body or against an employee, officer, 31 or agent of a governmental government body, by an insurer 32 pursuant to a contract of liability insurance issued to 33 the governmental government body, shall be filed with the 34 governmental government body and shall be a public record. 35 -7- LSB 1488XS (11) 84 rh/rj 7/ 11

S.F. 25 2. A final binding settlement agreement between any 1 government body of this state or unit or official of such a 2 government body that resolves a legal dispute between such a 3 government body and another person or entity shall be filed 4 with the government body. For each such settlement agreement, 5 the government body shall prepare and file, together with 6 the settlement agreement, a brief summary indicating the 7 identity of the parties involved, the nature of the dispute, 8 any underlying relevant facts, and the terms of the settlement. 9 The settlement agreement and summary shall be available for 10 public inspection. 11 Sec. 16. Section 22.14, subsection 3, Code 2011, is amended 12 to read as follows: 13 3. If a fiduciary or other third party with custody of 14 public investment transactions records fails to produce public 15 records within a reasonable period of time as requested by the 16 public body, the public body shall make no new investments 17 with or through the fiduciary or other third party and shall 18 not renew existing investments upon their maturity with or 19 through the fiduciary or other third party. The fiduciary or 20 other third party shall be liable for the penalties imposed 21 under section 22.6 statute, common law, or contract due to the 22 acts or omissions of the fiduciary or other third party and 23 any other remedies available under statute, common law, or 24 contract . 25 Sec. 17. Section 455K.4, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. Information that is disclosed under subsection 2 , 28 paragraph “b” , is confidential and is not subject to disclosure 29 under chapter 22 . A governmental entity, governmental 30 employee, or governmental official who discloses information in 31 violation of this subsection is subject to the penalty provided 32 in section 22.6 . 33 Sec. 18. REPEAL. Section 22.6, Code 2011, is repealed. 34 Sec. 19. EFFECTIVE UPON ENACTMENT. This Act, being deemed 35 -8- LSB 1488XS (11) 84 rh/rj 8/ 11

S.F. 25 of immediate importance, takes effect upon enactment. 1 EXPLANATION 2 This bill relates to Iowa’s Open Meetings Law (Code chapter 3 21) and Iowa’s Open Records Law (Code chapter 22). 4 MEETINGS. The bill provides that except as otherwise 5 provided, a reconvened meeting of a governmental body is also 6 subject to the meeting notice requirements pursuant to Code 7 section 21.4. This requirement does not apply to a meeting of 8 a governmental body that is reconvened within four hours of the 9 start of its recess, where an announcement of the time, date, 10 and place of the reconvened meeting is made at the original 11 meeting in open session and recorded in the minutes of the 12 meeting and there is no change in the agenda. The notice 13 requirement also does not apply to a meeting held by a formally 14 constituted subunit of a parent governmental body during a 15 lawful meeting of the parent governmental body or during a 16 recess in that meeting of up to four hours, or a meeting of 17 that subunit immediately following the meeting of the parent 18 governmental body, if the meeting of the subunit is publicly 19 announced in open session at the parent meeting and the subject 20 of the meeting reasonably coincides with the subjects discussed 21 or acted upon by the parent governmental body. The bill also 22 changes all references relating to “tape” recordings of closed 23 meetings to “audio” recordings. 24 CIVIL AND CRIMINAL PENALTY PROVISIONS. The bill increases 25 the civil penalty damage amounts for violations of the open 26 meetings and public records laws for each member of the 27 governmental body or each person who knowingly participated in 28 the violation from not less than $100 and not more than $500 to 29 not less than $1,000 and not more than $2,500 subject to the 30 existing defenses contained in Code sections 21.6 and 22.10. 31 The bill retains the current civil penalty damage amounts for 32 such violations for each member of the governmental body or 33 each person who participated in the violation ($100 to $500). 34 The bill repeals the criminal penalty provision for knowing 35 -9- LSB 1488XS (11) 84 rh/rj 9/ 11

S.F. 25 violations or attempts to violate any provisions of the public 1 records law. 2 APPRAISAL INFORMATION. Current law provides that appraisal 3 or appraisal information concerning the purchase of real 4 or personal property for public purposes, prior to public 5 announcement of a project, shall be confidential. The bill 6 amends this law to provide that such information shall remain 7 confidential prior to the submission of the appraisal to the 8 property owner or other interest holders as provided in Code 9 section 6B.45. 10 PERSONAL INFORMATION IN CONFIDENTIAL PERSONNEL RECORDS. 11 Current law provides that personal information in confidential 12 personnel records of government bodies shall be confidential, 13 unless otherwise ordered by a court, by the lawful custodian, 14 or by another duly authorized person to release such 15 information. The bill specifies that the name and compensation 16 of the individual, the date the individual was employed by the 17 government body, the positions the individual holds or has held 18 with the government body, the individual’s qualifications for 19 the position that the individual holds or has held including 20 but not limited to educational background and work experience, 21 and any final disciplinary action taken against the individual 22 that resulted in the individual’s discharge shall be public 23 records. 24 SETTLEMENT AGREEMENTS. Code chapter 22 currently provides 25 that a written summary of the terms of settlement or other 26 disposition of any claim for damages made against any 27 government body or against an employee, officer, or agent of 28 a government body, by an insurer pursuant to a contract of 29 liability insurance issued to the government body, shall be 30 filed with the government body and shall be a public record. 31 The bill provides that all final binding settlement agreements 32 between any government body of this state or other unit or 33 official of such a government body that resolves a legal 34 dispute between such a government body and another person or 35 -10- LSB 1488XS (11) 84 rh/rj 10/ 11

S.F. 25 entity shall be filed with the government body together with a 1 brief summary indicating the identity of the parties involved, 2 the nature of the dispute, any underlying relevant facts, and 3 the terms of the settlement. The settlement agreement and 4 summary shall be available for public inspection. 5 TAX-EXEMPT BONDING AUTHORITY —— 7C —— MEETINGS AND 6 RECORDS. The bill provides that an entity eligible to exercise 7 tax-exempt bonding authority under Code chapter 7C designated 8 by the state to serve as a secondary market for student loans 9 and a nonprofit tax-exempt bonding authority under chapter 10 7C whose board of directors is appointed by the governor is 11 subject to the provisions of the open meetings and open records 12 laws. 13 EFFECTIVE DATE. The bill takes effect upon enactment. 14 -11- LSB 1488XS (11) 84 rh/rj 11/ 11