Bill Text: IA SSB3089 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A study bill for an act relating to the accessibility and dissemination of certain public meeting and public records information.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-08 - 12:00PM; 206 State Government. [SSB3089 Detail]

Download: Iowa-2015-SSB3089-Introduced.html
Senate Study Bill 3089 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) A BILL FOR An Act relating to the accessibility and dissemination of 1 certain public meeting and public records information. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5209DP (2) 86 rh/ec
S.F. _____ H.F. _____ Section 1. Section 20.17, subsection 3, Code 2016, is 1 amended to read as follows: 2 3. Negotiating sessions, strategy meetings of public 3 employers, mediation, and the deliberative process of 4 arbitrators shall be exempt from the provisions of chapter 5 21 . However, the employee organization shall present its 6 initial bargaining position to the public employer at the 7 first bargaining session. The public employer shall present 8 its initial bargaining position to the employee organization 9 at the second bargaining session, which shall be held no 10 later than two weeks following the first bargaining session. 11 Both sessions shall be open to the public and subject to 12 the provisions of chapter 21 . Parties who by agreement are 13 utilizing a cooperative alternative bargaining process may 14 exchange their respective initial interest statements in 15 lieu of initial bargaining positions at these open sessions. 16 Hearings conducted by arbitrators shall be open to the public. 17 The appropriate public employer shall post notice of the 18 hearing at least twenty-four hours prior to the commencement 19 of the hearing at a location or in a manner that is easily 20 accessible to the public and clearly designated for that 21 purpose. 22 Sec. 2. Section 22.10, subsection 3, unnumbered paragraph 23 1, Code 2016, is amended to read as follows: 24 Upon a finding by a preponderance of the evidence that a 25 lawful custodian has violated any provision of this chapter 26 including by refusing to make government records available for 27 examination and copying by the public , a court: 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the accessibility and dissemination of 32 certain public meeting and public records information. 33 PUBLIC EMPLOYMENT RELATIONS. Under current law, in a public 34 collective bargaining situation, certain hearings conducted by 35 -1- LSB 5209DP (2) 86 rh/ec 1/ 2
S.F. _____ H.F. _____ an arbitrator shall be open to the public. The bill requires 1 the appropriate public employer to post notice of such hearings 2 at least 24 hours prior to the commencement of the hearing at a 3 location or in a manner that is easily accessible to the public 4 and clearly designated for that purpose. 5 PUBLIC INFORMATION. Iowa’s open records law contains civil 6 enforcement provisions (injunction, civil penalties, removal 7 from public office) for violations of the law if a court finds, 8 by a preponderance of the evidence, that a lawful custodian 9 of a government record has violated any provision of the law. 10 The bill specifies that a lawful custodian who refuses to make 11 government records available for examination and copying by the 12 public is subject to those civil enforcement provisions. 13 -2- LSB 5209DP (2) 86 rh/ec 2/ 2
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