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Legislative Proposals: 9/11/2014

Date: 
Thursday, September 11, 2014
Body: 

TO:             Iowa Public Information Board
FROM:       Iowa Public Information Board legislation committee        (Robert Andeweg, Jo Martin, Peg Weitl)
DATE:        September 11, 2014
RE:             Proposal for legislative changes to Chapters 21 and 22

The Iowa Public Information Board charged the legislation committee with holding a series of public hearings to obtain feedback on three proposals that would amend Chapters 21 and 22 of the Iowa Code. Hearings were held on Aug. 11, 14 and 19. IPIB Director Keith Luchtel, Deputy Director Margaret Johnson and I attended all three hearings; board member Bill Monroe attended two hearings.  A memorandum dated August 26, 2012, addressing the information obtained from those hearings and the legislative proposals to be considered has been submitted.

The Committee is today forwarding the following proposals for consideration:

Legislative Proposal No. 1

           21.2  Definitions.

            
As used in this chapter:

            1.  “Governmental body” means:

            a.  A board, council, commission, or other governing body expressly created by the statutes of this state or by executive order of the governor.

           
b.  A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.

            c.  A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to
            paragraphs paragraph
“a” and or “b” of this subsection.

            
d.  Those multimembered bodies to which the state board of regents or a president of a university has delegated the responsibility for the
            management and control of the intercollegiate athletic programs at the state universities.

           
e.  An advisory board, advisory commission, advisory committee or task force formally and directly created by the governor or the general 
            assembly or formally and directly created by any governmental body as defined by subparagraphs “a” or “b”  to develop and make   
            recommendations on public policy issues  to the creating authority.

            
f.  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 or a nonprofit
            corporation which is a successor to the nonprofit corporation which built the facility.

            g.  A nonprofit corporation licensed to conduct gambling games pursuant to chapter 99F.           

            h.  An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or
            created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.

            h.  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.

       
     i.   An advisory board, advisory commission, advisory committee, task force, or other body created by an entity or a joint board established or
            organized pursuant to an agreement under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, to develop
            and make recommendations on public policy issues.

           
  2.  “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body
           where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making  duties. Meetings shall not
           include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no
           intent to avoid the purposes of this chapter.

          
   3.  “Open session” means a meeting to which all members of the public have access.

Legislative Proposal No. 2

         21.4 Public Notice.   
 
           2.  a.  Notice conforming with all of the requirements of subsection 1 of this section shall be given at least twenty-four hours, forty-eight hours, 
           not counting Saturdays and Sundays, prior to the commencement of any meeting of a governmental body unless for good cause such notice
           is impossible or impractical, in which case as much notice as is reasonably possible shall be given.  Each meeting shall be held at a place
           reasonably accessible to the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible
           or mpractical. Special access to the meeting may be granted to persons with disabilities.

Legislative Proposal No. 3

Adopt the language of the federal FOIA, 5 U.S.C § 552(b)(7) as Iowa Code section 22.7(5).

         22.5 Peace Officer’s Investigative Reports.
 
           5. Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or
           information:

          (A) could reasonably be expected to interfere with enforcement proceedings,
          (B) would deprive a person of a right to a fair trial or an impartial adjudication,
          (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy,
          (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any 
          private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law
          enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation,
          information furnished by a confidential source,
          (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law
          enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or
          (F) could reasonably be expected to endanger the life or physical safety of any individual

Kathleen Richardson, Chair
Iowa Public Information Board legislation committee

 

 

 

 


 

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