HF 936 (LSB 2134HV (1) 91)

HOUSE FILE 936

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HSB 192)

A BILL FOR

An Act relating to government bodies for purposes of open records, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.1, subsection 1, Code 2025, is amended to read as follows:
   1.  “Government body” means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, or instrumentality of a city or township; a nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends the definition of “government body” in Code chapter 22 (open records) to include an instrumentality of a city or township, thereby subjecting such instrumentalities to open records requirements and associated civil penalties applicable to government bodies.
   By operation of law, the bill includes such instrumentalities as government bodies in, among other provisions, Code chapter 23 (public access to government information), Code section 543E.5 (exemption from provisions for real estate appraisal management companies), Code chapter 618 (publication and posting of notices), and Code section 721.1 (felonious misconduct in office). Under Code section 721.1, a public officer or employee who knowingly falsifies a writing, or knowingly delivers a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body, commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.