Bill Text: IA HF509 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the creation of the division of public information in the department of justice and providing an appropriation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF509 Detail]
Download: Iowa-2011-HF509-Introduced.html
House
File
509
-
Introduced
HOUSE
FILE
509
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
creation
of
the
division
of
public
1
information
in
the
department
of
justice
and
providing
an
2
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
509
Section
1.
Section
2C.18,
Code
2011,
is
amended
to
read
as
1
follows:
2
2C.18
Report
to
general
assembly.
3
The
In
addition
to
the
report
required
pursuant
to
section
4
23.1,
the
citizens’
aide
shall
by
April
1
of
each
year
submit
5
an
economically
designed
and
reproduced
report
to
the
general
6
assembly
and
to
the
governor
concerning
the
exercise
of
the
7
citizens’
aide
functions
during
the
preceding
calendar
year.
8
In
discussing
matters
with
which
the
citizens’
aide
has
been
9
concerned,
the
citizens’
aide
shall
not
identify
specific
10
persons
if
to
do
so
would
cause
needless
hardship.
If
the
11
annual
report
criticizes
a
named
agency
or
official,
it
shall
12
also
include
unedited
replies
made
by
the
agency
or
official
13
to
the
criticism,
unless
excused
by
the
agency
or
official
14
affected.
15
Sec.
2.
NEW
SECTION
.
23.1
Division
of
public
information
16
——
department
of
justice.
17
1.
The
division
of
public
information
is
created
within
18
the
department
of
justice
to
provide
education,
support,
and
19
enforcement
services
with
respect
to
violations
of
chapters
21
20
and
22.
21
2.
Any
aggrieved
person
or
taxpayer
to
or
citizen
of
the
22
state
of
Iowa
may
file
a
complaint
against
a
governmental
23
body,
as
defined
in
section
21.2,
or
the
lawful
custodian
24
of
a
government
body,
as
defined
in
section
22.1,
or
any
25
other
persons
who
would
be
appropriate
defendants
under
the
26
circumstances,
with
the
division
upon
a
form
developed
by
the
27
division.
28
3.
a.
The
division
shall
refer
a
complaint
received
by
the
29
division
to
the
office
of
the
citizens’
aide.
The
citizens’
30
aide
shall
consider
the
complaint
and
take
the
appropriate
31
action
with
regard
to
the
complaint
pursuant
to
the
procedures
32
established
under
sections
2C.12
through
2C.15.
33
b.
If,
upon
investigation
of
a
complaint,
the
citizens’
34
aide
finds
substantiating
facts
to
support
the
complaint,
the
35
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509
citizens’
aide
shall
offer
to
resolve
the
complaint
through
1
mediation.
Mediation
shall
be
conducted
in
an
informal,
2
nonadversarial
process
and
in
a
manner
calculated
to
help
the
3
parties
reach
a
mutually
acceptable
and
voluntary
settlement
4
agreement.
5
c.
If
a
mediated
settlement
agreement
is
not
reached
within
6
thirty
days
of
receipt
of
the
complaint,
the
citizens’
aide
7
shall
refer
the
complaint
back
to
the
division
of
public
8
information
of
the
department
of
justice.
Within
thirty
9
days
of
referral,
the
division
shall
refer
the
case
to
10
the
appropriate
county
attorney
of
the
county
in
which
the
11
governmental
body
or
the
lawful
custodian
has
its
principal
12
place
of
business.
The
division
shall
send
a
copy
of
the
13
complaint
filed
under
subsection
2
to
the
county
attorney
14
advising
the
county
attorney
to
further
investigate
the
15
complaint,
and,
if,
within
thirty
days
of
receipt
of
the
16
complaint,
the
county
attorney
determines
the
complaint
is
17
founded,
the
county
attorney
shall
file
a
civil
enforcement
18
action
pursuant
to
section
21.6
or
22.10
against
the
19
governmental
body,
lawful
custodian
for
the
government
body,
20
or
any
other
persons
who
would
be
appropriate
defendants
under
21
the
circumstances.
22
d.
If
the
county
attorney
fails
to
act
within
the
thirty-day
23
period
prescribed
in
paragraph
“c”
,
the
division
shall
advise
24
the
parties
that
the
division
will,
upon
further
investigation,
25
either
file
a
civil
enforcement
action
pursuant
to
section
26
21.6
or
22.10
against
the
governmental
body,
lawful
custodian
27
for
the
government
body,
or
any
other
persons
who
would
be
28
appropriate
defendants
under
the
circumstances,
or
dismiss
the
29
complaint.
30
4.
The
division
shall
make
training
opportunities
31
available
to
lawful
custodians,
government
bodies,
and
other
32
persons
subject
to
the
requirements
of
chapters
21
and
22
33
and
require,
in
its
discretion,
appropriate
persons
who
have
34
responsibilities
in
relation
to
chapters
21
and
22
to
receive
35
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509
periodic
training
approved
by
the
division.
1
5.
The
attorney
general
and
the
citizens’
aide
shall
submit
2
a
joint
report
to
the
general
assembly
and
to
the
governor
by
3
April
1
of
each
year
regarding
complaints,
mediations,
and
4
enforcement
actions
brought
pursuant
to
this
section,
and
5
shall
make
recommendations
to
the
general
assembly
proposing
6
legislation
and
any
additional
resources
that
may
be
necessary
7
relating
to
the
accountability
and
transparency
of
government
8
in
this
state.
9
Sec.
3.
APPROPRIATION
——
GENERAL
FUND.
There
is
10
appropriated
from
the
general
fund
of
the
state
to
the
11
department
of
justice
for
the
fiscal
year
beginning
July
1,
12
2011,
and
ending
June
30,
2012,
the
following
amount,
or
so
13
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
14
designated:
15
For
purposes
of
the
division
of
public
information
within
16
the
department
of
justice
created
in
section
23.1
to
provide
17
education,
mediation,
and
enforcement
services
with
respect
to
18
violations
of
chapters
21
and
22,
and
for
not
more
than
the
19
following
full-time
equivalent
positions:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
200,000
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
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.
FTEs
2.00
22
EXPLANATION
23
This
bill
relates
to
the
creation
of
the
division
of
public
24
information
in
the
department
of
justice
and
provides
an
25
appropriation.
26
The
bill
creates
the
division
of
public
information
within
27
the
department
of
justice
to
provide
education,
support,
and
28
enforcement
services
with
respect
to
violations
of
Iowa’s
open
29
meetings
and
open
records
laws
(Code
chapters
21
and
22).
30
The
bill
provides
that
any
aggrieved
person
or
taxpayer
31
to
or
citizen
of
the
state
may
file
a
complaint
against
a
32
governmental
body,
as
defined
in
Code
section
21.2,
or
the
33
lawful
custodian
of
a
government
body,
as
defined
in
Code
34
section
22.1,
or
any
other
persons
who
would
be
appropriate
35
-3-
LSB
1286YH
(5)
84
rh/nh
3/
5
H.F.
509
defendants
under
the
circumstances,
with
the
division
upon
1
a
form
developed
by
the
division.
The
division
shall
refer
2
a
complaint
received
by
the
division
to
the
office
of
the
3
citizens’
aide
and
the
citizens’
aide
shall
consider
the
4
complaint
and
take
the
appropriate
action
with
regard
to
5
the
complaint
pursuant
to
current
procedures
under
which
6
the
citizens’
aide
processes
complaints
generally.
If,
7
upon
investigation
of
a
complaint,
the
citizens’
aide
finds
8
substantiating
facts
to
support
the
complaint,
the
citizens’
9
aide
shall
offer
to
resolve
the
complaint
through
mediation.
10
Mediation
shall
be
conducted
in
an
informal,
nonadversarial
11
process
and
in
a
manner
calculated
to
help
the
parties
reach
12
a
mutually
acceptable
and
voluntary
settlement
agreement.
If
13
a
mediated
settlement
agreement
is
not
reached
within
30
days
14
of
receipt
of
the
complaint,
the
citizens’
aide
shall
refer
15
the
complaint
back
to
the
division
of
public
information.
16
Within
30
days
of
referral,
the
division
shall
refer
the
case
17
to
the
appropriate
county
attorney
of
the
county
in
which
the
18
governmental
body
or
the
lawful
custodian
has
its
principal
19
place
of
business
and
advise
the
county
attorney
to
further
20
investigate
the
complaint,
and,
if,
within
30
days
of
receipt
21
of
the
complaint,
the
county
attorney
determines
the
complaint
22
is
founded,
the
county
attorney
is
required
to
file
a
civil
23
enforcement
action
against
the
governmental
body,
lawful
24
custodian
for
the
government
body,
or
any
other
persons
who
25
would
be
appropriate
defendants
under
the
circumstances.
If
26
the
county
attorney
fails
to
act
within
the
30-day
period,
the
27
division
shall
advise
the
parties
that
the
division
will,
upon
28
further
investigation,
file
a
civil
enforcement
action
against
29
the
governmental
body,
lawful
custodian
for
the
government
30
body,
or
any
other
persons
who
would
be
appropriate
defendants
31
under
the
circumstances
or
dismiss
the
complaint.
32
The
bill
requires
the
division
to
make
training
33
opportunities
available
to
lawful
custodians,
government
34
bodies,
and
other
persons
subject
to
the
requirements
of
Code
35
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4/
5
H.F.
509
chapters
21
and
22
and
require,
in
its
discretion,
appropriate
1
persons
to
receive
periodic
training
approved
by
the
board.
2
The
bill
requires
the
attorney
general
and
the
citizens’
3
aide
to
submit
a
joint
report
to
the
general
assembly
and
to
4
the
governor
by
April
1
of
each
year
regarding
complaints,
5
mediations,
and
enforcement
actions
brought
pursuant
to
the
6
bill,
and
shall
include
recommendations
proposing
legislation
7
and
any
additional
resources
that
may
be
necessary
relating
to
8
accountability
and
transparency
of
government
in
this
state.
9
The
bill
appropriates
$200,000
from
the
general
fund
of
10
the
state
to
the
department
of
justice
for
the
fiscal
year
11
beginning
July
1,
2011,
and
ending
June
30,
2012,
for
purposes
12
of
the
division
of
public
information
within
the
department
of
13
justice
created
in
the
bill
to
provide
education,
support,
and
14
enforcement
services.
15
-5-
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1286YH
(5)
84
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5/
5
