Read the full stored bill text
Senate
File
503
-
Introduced
SENATE
FILE
503
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
1072)
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
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503
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
county,
5
city,
or
township;
a
nonprofit
corporation
other
than
a
fair
6
conducting
a
fair
event
as
provided
in
chapter
174
,
whose
7
facilities
or
indebtedness
are
supported
in
whole
or
in
part
8
with
property
tax
revenue
and
which
is
licensed
to
conduct
9
pari-mutuel
wagering
pursuant
to
chapter
99D
;
the
governing
10
body
of
a
drainage
or
levee
district
as
provided
in
chapter
11
468
,
including
a
board
as
defined
in
section
468.3
,
regardless
12
of
how
the
district
is
organized;
or
other
entity
of
this
13
state,
or
any
branch,
department,
board,
bureau,
commission,
14
council,
committee,
official,
or
officer
of
any
of
the
15
foregoing
or
any
employee
delegated
the
responsibility
for
16
implementing
the
requirements
of
this
chapter
.
17
Sec.
2.
Section
22.1,
Code
2025,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
1A.
a.
“Instrumentality”
means
an
entity
20
to
which
all
of
the
following
apply:
21
(1)
The
entity
serves
a
governmental
purpose
or
performs
a
22
governmental
function.
23
(2)
The
entity
operates
on
behalf
of
one
or
more
political
24
subdivisions.
25
(3)
One
or
more
political
subdivisions
have
the
powers
and
26
interests
of
an
owner
with
respect
to
the
entity.
27
(4)
Control
and
supervision
of
the
entity
is
vested
in
28
members
of
one
or
more
political
subdivisions.
29
b.
“
Instrumentality”
includes
but
is
not
limited
to
the
30
following
entities:
31
(1)
The
Iowa
league
of
cities.
32
(2)
The
Iowa
state
association
of
counties.
33
(3)
The
Iowa
stormwater
education
partnership.
34
c.
“Instrumentality”
does
not
include
a
state,
county,
35
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503
or
city
insurance
group
entity
or
an
employee
benefits
group
1
entity.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
amends
the
definition
of
“government
body”
in
6
Code
chapter
22
(open
records)
to
include
an
instrumentality
7
of
a
county,
city,
or
township,
thereby
subjecting
such
8
instrumentalities
to
open
records
requirements
and
associated
9
civil
penalties
applicable
to
government
bodies.
The
bill
10
defines
the
term
“instrumentality”.
11
By
operation
of
law,
the
bill
includes
such
12
instrumentalities
as
government
bodies
in,
among
other
13
provisions,
Code
chapter
23
(public
access
to
government
14
information),
Code
section
543E.5
(exemption
from
provisions
15
for
real
estate
appraisal
management
companies),
Code
chapter
16
618
(publication
and
posting
of
notices),
and
Code
section
17
721.1
(felonious
misconduct
in
office).
Under
Code
section
18
721.1,
a
public
officer
or
employee
who
knowingly
falsifies
a
19
writing,
or
knowingly
delivers
a
falsified
writing,
with
the
20
knowledge
that
the
writing
is
falsified
and
that
the
writing
21
will
become
a
public
record
of
a
government
body,
commits
22
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
by
23
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
24
$1,025
but
not
more
than
$10,245.
25
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