Senate Study Bill 1073 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) A BILL FOR An Act relating to governmental bodies and advisory bodies and 1 public notice requirements under the open meetings law and 2 the confidentiality of peace officers’ investigative reports 3 under the open records law. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1041DP (6) 86 rh/rj

S.F. _____ H.F. _____ Section 1. Section 21.2, subsection 1, paragraphs a, c, e, 1 h, and j, Code 2015, are amended to read as follows: 2 a. A board, council, commission, or other governing body 3 expressly created by the statutes of this state or by executive 4 order of the governor . 5 c. A multimembered body formally and directly created by 6 one or more boards, councils, commissions, or other governing 7 bodies subject to paragraphs paragraph “a” and or “b” of this 8 subsection . 9 e. An advisory board, advisory commission, advisory 10 committee, or task force formally and directly created by 11 the governor or the general assembly to develop and make 12 recommendations on public policy issues to the governor or the 13 general assembly . 14 h. An advisory board, advisory commission, advisory 15 committee, task force, or other body formally and directly 16 created by statute or executive order of this state or created 17 by an executive order of a political subdivision of this state 18 one or more boards, councils, commissions, or other governing 19 bodies subject to paragraph “a” or “b” or by a mayor or 20 superintendent of schools to develop and make recommendations 21 on public policy issues to the board, council, commission, or 22 other governing body . 23 j. An advisory board, advisory commission, advisory 24 committee, task force, or other body created by an entity 25 organized under chapter 28E , or by the administrator or joint 26 board specified in a chapter 28E agreement, to develop and make 27 recommendations on public policy issues to the entity or joint 28 board . 29 Sec. 2. Section 21.2, subsection 2, Code 2015, is amended 30 to read as follows: 31 2. “Meeting” means a gathering in person or by electronic 32 means, formal or informal, of a majority of the members of 33 a governmental body where there is deliberation or action 34 upon any matter within the scope of the governmental body’s 35 -1- LSB 1041DP (6) 86 rh/rj 1/ 3

S.F. _____ H.F. _____ policy-making duties. Meetings shall not include a gathering 1 of members of a governmental body for purely ministerial or 2 social purposes when there is no discussion of policy duties or 3 no intent to avoid the purposes of this chapter . 4 Sec. 3. Section 21.4, subsection 2, paragraph a, Code 2015, 5 is amended to read as follows: 6 a. Notice conforming with all of the requirements 7 of subsection 1 of this section shall be given at least 8 twenty-four hours , excluding weekend days, prior to the 9 commencement of any meeting of a governmental body unless for 10 good cause such notice is impossible or impractical, in which 11 case as much notice as is reasonably possible shall be given. 12 Each meeting shall be held at a place reasonably accessible to 13 the public, and at a time reasonably convenient to the public, 14 unless for good cause such a place or time is impossible or 15 impractical. Special access to the meeting may be granted to 16 persons with disabilities. 17 Sec. 4. Section 22.7, subsection 5, Code 2015, is amended 18 by striking the subsection and inserting in lieu thereof the 19 following: 20 5. Records or information compiled for law enforcement 21 purposes, but only to the extent that the production of such 22 law enforcement records or information could reasonably be 23 expected to do any of the following: 24 a. Interfere with enforcement proceedings. 25 b. Deprive a person of a right to a fair trial or an 26 impartial adjudication. 27 c. Constitute an unwarranted invasion of personal privacy. 28 d. Disclose the identity of a confidential source, including 29 a state, local, or foreign agency or authority or any private 30 institution which furnished information on a confidential 31 basis, and, in the case of a record or information compiled by 32 criminal law enforcement authority in the course of a criminal 33 investigation or by an agency conducting a lawful national 34 security intelligence investigation, information furnished by 35 -2- LSB 1041DP (6) 86 rh/rj 2/ 3

S.F. _____ H.F. _____ a confidential source. 1 e. Disclose techniques and procedures for law enforcement 2 investigations or prosecutions, or disclose guidelines for law 3 enforcement investigations or prosecutions if such disclosure 4 could reasonably be expected to risk circumvention of the law. 5 f. Endanger the life or physical safety of any individual. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the regulation of a governmental body 10 and public notice requirements under the open meetings law 11 (Code chapter 21) and the confidentiality of law enforcement 12 records under the open records law (Code chapter 22). 13 The bill amends the definition of advisory bodies that 14 are subject to the requirements of the open meetings law and 15 specifies that only advisory boards, advisory commissions, 16 advisory committees, task forces, or any other body formally 17 and directly created by specified governmental bodies or a 18 mayor or superintendent of schools are considered governmental 19 bodies subject to the open meetings law. 20 The bill amends the definition of a meeting that is subject 21 to the requirements of the open meetings law to exclude 22 references to only policymaking actions, expanding the 23 definition to include any deliberations or actions (including 24 recommendations) taken by a governmental body as defined in the 25 open meetings law that are within a governmental body’s duties. 26 The bill excludes weekend days when determining the 24-hour 27 time period for purposes of public notice under the open 28 meetings law. 29 The bill strikes a provision in Code section 22.7 relating to 30 the confidentiality of peace officers’ investigative reports 31 and replaces this confidentiality provision with language from 32 the federal Freedom of Information Act (5 U.S.C. §552(b)(7)) 33 relating to the confidentiality of law enforcement records or 34 information under certain circumstances. 35 -3- LSB 1041DP (6) 86 rh/rj 3/ 3