A bill for an act relating to government bodies for purposes of open records, and making penalties applicable.(Formerly HSB 192 .)

House

File

936

-

Introduced

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

1

records,

and

making

penalties

applicable.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

2134HV

(1)

91

cm/ns

H.F.

936

Section

1.

Section

22.1,

subsection

1,

Code

2025,

is

amended

1

to

read

as

follows:

2

1.

“Government

body”

means

this

state,

or

any

county,

3

city,

township,

school

corporation,

political

subdivision,

4

tax-supported

district,

or

instrumentality

of

a

city

or

5

township;

a

nonprofit

corporation

other

than

a

fair

conducting

6

a

fair

event

as

provided

in

chapter

174

,

whose

facilities

or

7

indebtedness

are

supported

in

whole

or

in

part

with

property

8

tax

revenue

and

which

is

licensed

to

conduct

pari-mutuel

9

wagering

pursuant

to

chapter

99D

;

the

governing

body

of

10

a

drainage

or

levee

district

as

provided

in

chapter

468

,

11

including

a

board

as

defined

in

section

468.3

,

regardless

of

12

how

the

district

is

organized;

or

other

entity

of

this

state,

13

or

any

branch,

department,

board,

bureau,

commission,

council,

14

committee,

official,

or

officer

of

any

of

the

foregoing

or

any

15

employee

delegated

the

responsibility

for

implementing

the

16

requirements

of

this

chapter

.

17

EXPLANATION

18

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

19

the

explanation’s

substance

by

the

members

of

the

general

assembly.

20

This

bill

amends

the

definition

of

“government

body”

in

Code

21

chapter

22

(open

records)

to

include

an

instrumentality

of

a

22

city

or

township,

thereby

subjecting

such

instrumentalities

23

to

open

records

requirements

and

associated

civil

penalties

24

applicable

to

government

bodies.

25

By

operation

of

law,

the

bill

includes

such

26

instrumentalities

as

government

bodies

in,

among

other

27

provisions,

Code

chapter

23

(public

access

to

government

28

information),

Code

section

543E.5

(exemption

from

provisions

29

for

real

estate

appraisal

management

companies),

Code

chapter

30

618

(publication

and

posting

of

notices),

and

Code

section

31

721.1

(felonious

misconduct

in

office).

Under

Code

section

32

721.1,

a

public

officer

or

employee

who

knowingly

falsifies

a

33

writing,

or

knowingly

delivers

a

falsified

writing,

with

the

34

knowledge

that

the

writing

is

falsified

and

that

the

writing

35

-1-

LSB

2134HV

(1)

91

cm/ns

1/

2

H.F.

936

will

become

a

public

record

of

a

government

body,

commits

1

a

class

“D”

felony.

A

class

“D”

felony

is

punishable

by

2

confinement

for

no

more

than

five

years

and

a

fine

of

at

least

3

$1,025

but

not

more

than

$10,245.

4

-2-

LSB

2134HV

(1)

91

cm/ns

2/

2