Senate Study Bill 1072 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) 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 2134XC (2) 91 cm/ns
S.F. _____ 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 explanations 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 2134XC (2) 91 cm/ns 1/ 2
S.F. _____ 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 2134XC (2) 91 cm/ns 2/ 2