reglab/statecodes huggingface dataset:
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.8 - Injunction to restrain examination.

22.8 Injunction to restrain examination.
1. The district court may grant an injunction restraining the examination, including copying, of a specific public record or a narrowly drawn class of public records. A hearing shall be held on a request for injunction upon reasonable notice as determined by the court to persons requesting access to the record which is the subject of the request for injunction. It shall be the duty of the lawful custodian and any other person seeking an injunction to ensure compliance with the notice requirement. Such an injunction may be issued only if the petition supported by affidavit shows and if the court finds both of the following:
a. That the examination would clearly not be in the public interest.
b. That the examination would substantially and irreparably injure any person or persons.
2. An injunction shall be subject to the rules of civil procedure except that the court in its discretion may waive bond.
3. In actions brought under this section the district court shall take into account the policy of this chapter that free and open examination of public records is generally in the public interest even though such examination may cause inconvenience or embarrassment to public officials or others. A court may issue an injunction restraining examination of a public record or a narrowly drawn class of such records, only if the person seeking the injunction demonstrates by clear and convincing evidence that this section authorizes its issuance. An injunction restraining the examination of a narrowly drawn class of public records may be issued only if such an injunction would be justified under this section for every member within the class of records involved if each of those members were considered separately.
4. Good-faith, reasonable delay by a lawful custodian in permitting the examination and copying of a government record is not a violation of this chapter if the purpose of the delay is any of the following:
a. To seek an injunction under this section.
b. To determine whether the lawful custodian is entitled to seek such an injunction or should seek such an injunction.
c. To determine whether the government record in question is a public record, or confidential record.
d. To determine whether a confidential record should be available for inspection and copying to the person requesting the right to do so. A reasonable delay for this purpose shall not exceed twenty calendar days and ordinarily should not exceed ten business days.
e. Actions for injunctions under this section may be brought by the lawful custodian of a government record, or by another government body or person who would be aggrieved or adversely affected by the examination or copying of such a record.
f. The rights and remedies provided by this section are in addition to any rights and remedies provided by section 17A.19.
[C71, 73, 75, 77, 79, 81, §68A.8]
84 Acts, ch 1185, §7
C85, §22.8
Referred to in §23.5, 23.11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.9 - Denial of federal funds — rules.

22.9 Denial of federal funds — rules.
1. If it is determined that any provision of this chapter would cause the denial of funds, services or essential information from the United States government which would otherwise definitely be available to an agency of this state, such provision shall be suspended as to such agency, but only to the extent necessary to prevent denial of such funds, services, or essential information.
2. An agency within the meaning of section 17A.2, subsection 1, shall adopt as a rule, in each situation where this section is believed applicable, the agency’s determination identifying those particular provisions of this chapter that must be waived in the circumstances to prevent the denial of federal funds, services, or information.
[C71, 73, 75, 77, 79, 81, §68A.9]
84 Acts, ch 1185, §8
C85, §22.9
2018 Acts, ch 1041, §8
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.11 - Fair information practices.

22.11 Fair information practices.
This section may be cited as the “Iowa Fair Information Practices Act”. It is the intent of this section to require that the information policies of state agencies are clearly defined and subject to public review and comment.
1. Each state agency as defined in chapter 17A shall adopt rules which provide the following:
a. The nature and extent of the personally identifiable information collected by the agency, the legal authority for the collection of that information, and a description of the means of storage.
b. A description of which of its records are public records, which are confidential records, and which are partially public and partially confidential records and the legal authority for the confidentiality of the records. The description shall indicate whether the records contain personally identifiable information.
c. The procedure for providing the public with access to public records.
d. The procedures for allowing a person to review a government record about that person and have additions, dissents, or objections entered in that record unless the review is prohibited by statute.
e. The procedures by which the subject of a confidential record may have a copy of that record released to a named third party.
f. The procedures by which the agency shall notify persons supplying information requested by the agency of the use that will be made of the information, which persons outside of the agency might routinely be provided this information, which parts of the information requested are required and which are optional and the consequences of failing to provide the information requested.
g. Whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system.
2. A state agency shall not use any personally identifiable information after July 1, 1988, unless it is in a record system described by the rules required by this section.
84 Acts, ch 1185, §10
Referred to in §22.12
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.12 - Political subdivisions.

22.12 Political subdivisions.
A political subdivision or public body which is not a state agency as defined in chapter 17A is not required to adopt policies to implement section 22.11. However, if a public body chooses to adopt policies to implement section 22.11 the policies must be adopted by the elected governing body of the political subdivision of which the public body is a part. The elected governing body must give reasonable notice, make the proposed policy available for public inspection and allow full opportunity for the public to comment before adopting the policy. If the public body is established pursuant to an agreement under chapter 28E, the policy must be adopted by a majority of the public agencies party to the agreement. These policies shall be kept in the office of the county auditor if adopted by the board of supervisors, the city clerk if adopted by a city, and the chief administrative officer of the public body if adopted by some other elected governing body.
84 Acts, ch 1185, §11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.13 - Settlements — government bodies.

22.13 Settlements — government bodies.
When a government body reaches a final, binding, written settlement agreement that resolves a legal dispute claiming monetary damages, equitable relief, or a violation of a rule or statute, the government body shall, upon request and to the extent allowed under applicable law, prepare a brief summary of the resolution of the dispute indicating the identity of the parties involved, the nature of the dispute, and the terms of the settlement, including any payments made by or on behalf of the government body and any actions to be taken by the government body. A government body is not required to prepare a summary if the settlement agreement includes the information required to be included in the summary. The settlement agreement and any required summary shall be a public record.
91 Acts, ch 96, §1; 2011 Acts, ch 106, §13, 17
Referred to in §22.13A
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.13A - Personnel settlement agreements — state employees — confidentiality — disclosure.

22.13A Personnel settlement agreements — state employees — confidentiality — disclosure.
1. For purposes of this section:
a. “Personnel settlement agreement” means a binding legal agreement between a state employee and the state employee’s employer, subject to section 22.13, to resolve a personnel dispute including but not limited to a grievance. “Personnel settlement agreement” does not include an initial decision by a state employee’s employer concerning a personnel dispute or grievance.
b. “State employee” means an employee of the state who is an employee of the executive branch as described in sections 7E.2 and 7E.5.
2. Personnel settlement agreements shall not contain any confidentiality or nondisclosure provision that attempts to prevent the disclosure of the personnel settlement agreement. In addition, any confidentiality or nondisclosure provision in a personnel settlement agreement is void and unenforceable.
3. The requirements of this section shall not be superseded by any provision of a collective bargaining agreement.
4. All personnel settlement agreements shall be made easily accessible to the public on an internet site maintained as follows:
a. For personnel settlement agreements with an employee of the executive branch, excluding an employee of the state board of regents or institution under the control of the state board of regents, by the department of administrative services.
b. For personnel settlement agreements with an employee of the state board of regents or institution under the control of the state board of regents, by the state board of regents.
5. a. A state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the personnel settlement agreement is first reviewed by the attorney general or the attorney general’s designee. Additionally, a state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the agreement has been approved in writing by the following individuals:
(1) For a state agency other than an institution governed by the board of regents, the director of the department of management, the director of the department of administrative services, and the head of the state agency.
(2) For an institution governed by the board of regents, the executive director of the board of regents and the head of the institution.
b. If paragraph “a”, subparagraph (1) or (2) is not consistent with the provision of a collective bargaining agreement, a state agency shall provide the individuals referenced in this subsection, as applicable, with regular reports regarding any personnel settlement agreements entered into with state employees by the state agency.
2017 Acts, ch 2, §51, 53; 2017 Acts, ch 170, §30, 43
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.14 - Public funds investment records in custody of third parties.

22.14 Public funds investment records in custody of third parties.
1. The records of investment transactions made by or on behalf of a public body are public records and are the property of the public body whether in the custody of the public body or in the custody of a fiduciary or other third party.
2. If such records of public investment transactions are in the custody of a fiduciary or other third party, the public body shall obtain from the fiduciary or other third party records requested pursuant to section 22.2.
3. If a fiduciary or other third party with custody of public investment transactions records fails to produce public records within a reasonable period of time as requested by the public body, the public body shall make no new investments with or through the fiduciary or other third party and shall not renew existing investments upon their maturity with or through the fiduciary or other third party. The fiduciary or other third party shall be liable for the penalties imposed under statute, common law, or contract due to the acts or omissions of the fiduciary or other third party.
92 Acts, ch 1156, §8; 2011 Acts, ch 106, §14, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.15 - Personnel records — discipline — employee notification.

22.15 Personnel records — discipline — employee notification.
A government body that takes disciplinary action against an employee that may result in information described in section 22.7, subsection 11, paragraph “a”, subparagraph (5), being placed in the employee’s personnel record, prior to taking such disciplinary action, shall notify the employee in writing that the information placed in the employee’s personnel record as a result of the disciplinary action may become a public record.
2017 Acts, ch 2, §52, 53; 2018 Acts, ch 1026, §11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22 - EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) › Section 22.16 - Inspection of records — state archives.

22.16 Inspection of records — state archives.
1. Notwithstanding any provision of law to the contrary, a public record that is an archive, as defined in section 305.2, shall be available for public examination and copying under this chapter if the public record was created at least one hundred years prior to a request for access to the record, subject to the requirements of this section.
2. A public record as described in this section shall not be available for examination and copying under any of the following circumstances:
a. The public record is ordered to be sealed and is not subject to inspection by any federal or state court.
b. The public record is prohibited from being disclosed under any federal law, rule, or regulation.
2018 Acts, ch 1125, §1
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22A - PROTECTION OF PERSONAL INFORMATION — TAX-EXEMPT ENTITIES › Section 22A.1 - Definitions.

22A.1 Definitions.
As used in this chapter:
1. “Personal information” means any list, record, register, registry, roll, roster, or other compilation of data that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity which is exempt from taxation under section 501(c) of the federal Internal Revenue Code. “Personal information” does not include information reportable to the secretary of state pursuant to chapter 504 or information provided to the attorney general or state auditor pursuant to chapter 504 or 537, or section 714.16.
2. “Public agency” means all of the following:
a. A state or municipal governmental unit, including but not limited to the state of Iowa, and a department, agency, office, commission, board, or division of the state.
b. A political subdivision of the state, including but not limited to a county, city, township, village, school district, or community college merged area.
c. An agency, authority, council, board, or commission of a political subdivision of the state.
d. A state or local court, tribunal, or other judicial or quasi-judicial body.
2021 Acts, ch 120, §2; 2022 Acts, ch 1021, §10
Referred to in §22.7(74), 504.1604, 504.1605
NEW unnumbered paragraph
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22A - PROTECTION OF PERSONAL INFORMATION — TAX-EXEMPT ENTITIES › Section 22A.2 - Personal information protected.

22A.2 Personal information protected.
1. A public agency shall not do any of the following:
a. Require an entity which is exempt from taxation under section 501(c) of the federal Internal Revenue Code to provide the public agency with personal information.
b. Release, publicize, or otherwise disclose personal information in the possession of the public agency without the express, written permission of every member, supporter, volunteer, and donor of the tax-exempt entity identified in the information and the tax-exempt entity.
c. Request or require a current or prospective contractor with the public agency to provide the public agency with a list of entities exempt from taxation under section 501(c) of the federal Internal Revenue Code to which the contractor has provided financial or nonfinancial support.
2. This section does not prohibit any of the following:
a. Disclosure of personal information pursuant to a lawful warrant issued by a court of competent jurisdiction.
b. Disclosure of personal information pursuant to a lawful request for discovery if all of the following requirements are met:
(1) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence.
(2) The requestor obtains a protective order barring disclosure of personal information to any person not directly involved in the litigation.
c. Disclosure of personal information pursuant to an agreement between a public agency and an entity which is exempt from taxation under section 501(c) of the federal Internal Revenue Code.
d. Disclosure of personal information included in judicial proceedings that are public pursuant to section 602.1601. However, upon petition of an entity which is exempt from taxation under section 501(c) of the federal Internal Revenue Code, the court shall seal a case file that is otherwise public pursuant to section 602.1601 to protect the personal information contained in that file.
2021 Acts, ch 120, §3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22A - PROTECTION OF PERSONAL INFORMATION — TAX-EXEMPT ENTITIES › Section 22A.3 - Civil penalties.

22A.3 Civil penalties.
1. A person alleging a violation of this chapter, section 504.1604, subsection 5, or section 504.1605, subsection 5, may bring a civil action for injunctive relief, damages, or both. Damages may include either of the following:
a. Not less than two thousand five hundred dollars in compensatory damages for injury and loss for each violation.
b. For an intentional violation, not more than three times the amount described in paragraph “a” for each violation.
2. A court may, in its discretion, award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant.
2021 Acts, ch 120, §4
Referred to in §504.1604, 504.1605
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22A - PROTECTION OF PERSONAL INFORMATION — TAX-EXEMPT ENTITIES › Section 22A.4 - Criminal penalties.

22A.4 Criminal penalties.
A person who knowingly violates a provision of this chapter, section 504.1604, subsection 5, or section 504.1605, subsection 5, is guilty of a serious misdemeanor punishable by imprisonment for not more than ninety days or a fine of not more than one thousand dollars, or both.
2021 Acts, ch 120, §5
Referred to in §504.1604, 504.1605
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 22A - PROTECTION OF PERSONAL INFORMATION — TAX-EXEMPT ENTITIES › Section 22A.6 - Applicability — department of revenue.

22A.6 Applicability — department of revenue.
1. The following shall not be construed as a violation of this chapter with respect to the department of revenue:
a. The identification of a person as a representative, responsible party, employee, withholding agent, or other signatory or contact of an entity exempt from taxation under section 501(c) of the Internal Revenue Code on any return, form, application, or other document required to be filed with the department, including but not limited to a tax return or tax permit.
b. Powers exercised under section 422.70.
c. Information sought pursuant to discovery in a contested case proceeding.
d. Information that is expressly required to be provided by the department by law including but not limited to section 422.11S.
2. The restrictions imposed under this chapter shall not be construed to entitle any taxpayer or tax-exempt entity to any deduction, exemption, credit, or other tax position which the taxpayer or exempt entity is unable to substantiate with sufficient evidence.
2021 Acts, ch 151, §16
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.1 - Citation and purpose.

23.1 Citation and purpose.
This chapter may be cited as the “Iowa Public Information Board Act”. The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.
2012 Acts, ch 1115, §4, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.2 - Definitions.

23.2 Definitions.
1. “Board” means the Iowa public information board created in section 23.3.
2. “Complainant” means a person who files a complaint with the board.
3. “Complaint” means a written and signed document filed with the board alleging a violation of chapter 21 or 22.
4. “Custodian” means a government body, government official, or government employee designated as the lawful custodian of a government record pursuant to section 22.1.
5. “Government body” means the same as defined in section 22.1.
6. “Governmental body” means the same as defined in section 21.2.
7. “Person” means an individual, partnership, association, corporation, legal representative, trustee, receiver, custodian, government body, or official, employee, agency, or political subdivision of this state.
8. “Respondent” means any agency or other unit of state or local government, custodian, government official, or government employee who is the subject of a complaint.
2012 Acts, ch 1115, §5, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.3 - Board appointed — executive director.

23.3 Board appointed — executive director.
1. An Iowa public information board is created consisting of nine members appointed by the governor, subject to confirmation by the senate. No more than three members appointed shall be representatives from the media including newspapers and no more than three members appointed shall be representatives of cities, counties, and other political subdivisions of the state.
2. Appointments to the board shall be subject to sections 69.16 and 69.16A.
3. Members appointed to the board shall serve staggered four-year terms beginning and ending as provided in section 69.19.
4. A quorum of the board shall consist of five members.
5. A vacancy on the board shall be filled by the governor, as provided in subsection 1.
6. The board shall select one of its members to serve as chairperson and shall employ a person who shall be an attorney admitted to practice law before the courts of this state to serve as the executive director of the board.
7. The board shall meet at least quarterly and at the call of the chairperson.
8. The board shall be an independent agency.
2012 Acts, ch 1115, §6, 17
Referred to in §23.2
Confirmation, see §2.32
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.4 - Compensation and expenses.

23.4 Compensation and expenses.
Board members appointed by the governor shall be paid a per diem as specified in section 7E.6 and shall be reimbursed for actual and necessary expenses incurred while on official board business. Such per diem and expenses shall be paid from funds appropriated to the board.
2012 Acts, ch 1115, §7, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.5 - Election of remedies.

23.5 Election of remedies.
1. An aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may seek enforcement of the requirements of chapters 21 and 22 by electing either to file an action pursuant to section 17A.19, 21.6, or 22.10, whichever is applicable, or in the alternative, to file a timely complaint with the board.
2. If more than one person seeks enforcement of chapter 21 or 22 with respect to the same incident involving an alleged violation, and one or more of such persons elects to do so by filing an action under section 17A.19, 21.6, or 22.10, and one or more of such persons elects to do so by filing a timely complaint with the board, the court in which the action was filed shall stay the action pending resolution of the complaint with the board, authorizing the complainant to file a complaint with respect to the same incident with the board without regard to the timeliness of the filing of the complaint at the time the action in court is stayed.
3. If a person files an action pursuant to section 22.8 seeking to enjoin the inspection of a public record, the respondent or person requesting access to the record which is the subject of the request for injunction may remove the proceeding to the board for its determination by filing, within thirty days of the commencement of the judicial proceeding, a complaint with the board alleging a violation of chapter 22 in regard to the same matter.
2012 Acts, ch 1115, §8, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.7 - Filing of complaints with the board.

23.7 Filing of complaints with the board.
1. The board shall adopt rules pursuant to chapter 17A providing for the timing, form, content, and means by which any aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may file a complaint with the board alleging a violation of chapter 21 or 22. The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records.
2. All board proceedings in response to the filing of a complaint shall be conducted as expeditiously as possible.
2012 Acts, ch 1115, §10, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.8 - Initial processing of complaint.

23.8 Initial processing of complaint.
Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
1. Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
2. Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.
2012 Acts, ch 1115, §11, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.9 - Informal assistance.

23.9 Informal assistance.
After accepting a complaint, the board shall promptly work with the parties, through employees of the board, to reach an informal, expeditious resolution of the complaint.
2013 Acts, ch 135, §60; 2014 Acts, ch 1092, §17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.11 - Defenses in a contested case proceeding.

23.11 Defenses in a contested case proceeding.
A respondent may defend against a proceeding before the board charging a violation of chapter 21 or 22 on the ground that if such a violation occurred it was only harmless error or that clear and convincing evidence demonstrated that grounds existed to justify a court to issue an injunction against disclosure pursuant to section 22.8.
2012 Acts, ch 1115, §14, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23 - PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) › Section 23.12 - Jurisdiction.

23.12 Jurisdiction.
The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.
2012 Acts, ch 1115, §15, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23A - NONCOMPETITION BY GOVERNMENT › Section 23A.1 - Definitions.

23A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Political subdivision” means a city, county, or school corporation.
2. “Private enterprise” means an individual, firm, partnership, joint venture, corporation, association, or other legal entity engaging in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.
3. “State agency” includes a state department, board, commission, or other unit of state government regardless of whether moneys are appropriated to the agency.
88 Acts, ch 1230, §1
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23A - NONCOMPETITION BY GOVERNMENT › Section 23A.2A - Competition with private industry — notation in legislation.

23A.2A Competition with private industry — notation in legislation.
When a bill or joint resolution is requested, the legislative services agency shall make an initial determination of whether the bill or joint resolution may cause a service or product to be offered for sale to the public by a state agency or political subdivision that competes with private enterprise. If such a service or product may be offered as a result of the bill or resolution, that fact shall be included in the explanation of the bill or joint resolution.
2001 Acts, ch 66, §2; 2003 Acts, ch 35, §44, 49
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23A - NONCOMPETITION BY GOVERNMENT › Section 23A.3 - Local purchases.

23A.3 Local purchases.
A city, county, area education agency, or school district shall adopt a policy for purchasing goods or services from private enterprise which requires consideration of purchasing these goods or services from a locally owned business located within the city, county, area education agency, or school district which offers these goods or services if the cost and other considerations are relatively equal. Nothing in this section shall be construed to prevent or prohibit the giving of a preference to businesses owned or operated by minorities or females as may be provided in any other provision of law.
88 Acts, ch 1230, §3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23A - NONCOMPETITION BY GOVERNMENT › Section 23A.4 - Relief for aggrieved persons.

23A.4 Relief for aggrieved persons.
1. Any aggrieved person may, after pursuing remedies offered by chapter 17A, seek injunctive relief for violations of this chapter by filing an action in the district court for the county in which the aggrieved business is located.
2. A state agency or political subdivision found to be in violation of this chapter shall be assessed and shall pay to the aggrieved person fees and other expenses, as defined in section 625.28.
3. Chapter 17A and this section are the exclusive remedy for violations of this chapter. However, the office of ombudsman may review violations of this chapter and make recommendations as provided in chapter 2C.
88 Acts, ch 1230, §4; 2013 Acts, ch 10, §27; 2013 Acts, ch 140, §52
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23B - TRANSPARENCY IN PRIVATE ATTORNEY CONTRACTS › Section 23B.2 - Definitions.

23B.2 Definitions.
For the purposes of this chapter:
1. “Government attorney” means an attorney employed by the state as a staff attorney in the attorney general’s office.
2. “Private attorney” means any private attorney or law firm.
3. “State” means the state of Iowa and includes state officers, departments, boards, commissions, divisions, bureaus, councils, and units of organization, however designated, of the executive branch of state government, and any of its agents.
2012 Acts, ch 1112, §3
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 23B - TRANSPARENCY IN PRIVATE ATTORNEY CONTRACTS › Section 23B.4 - No expansion of authority to contract.

23B.4 No expansion of authority to contract.
This chapter shall not be construed to expand the authority of a state agency or state agent to enter into contracts where no such authority previously existed.
2012 Acts, ch 1112, §5
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.1 - Short title.

24.1 Short title.
This chapter shall be known as the “Local Budget Law”.
[C24, 27, 31, 35, 39, §368; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.1]
Referred to in §24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.2 - Definition of terms.

24.2 Definition of terms.
As used in this chapter and unless otherwise required by the context:
1. “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2. The words “certifying board” shall mean any public body which has the power or duty to certify any tax to be levied or sum of money to be collected by taxation.
3. The words “fiscal year” shall mean the period of twelve months beginning on July 1 and ending on the thirtieth day of June. The fiscal year of cities, counties, and other political subdivisions of the state shall begin July 1 and end the following June 30.
4. The words “levying board” shall mean board of supervisors of the county and any other public body or corporation that has the power to levy a tax.
5. “Municipality” means a public body or corporation that has power to levy or certify a tax or sum of money to be collected by taxation, except a county, city, drainage district, township, or road district.
6. The words “state board” shall mean the state appeal board as created by section 24.26.
7. The word “tax” shall mean any general or special tax levied against persons, property, or business, for public purposes as provided by law, but shall not include any special assessment nor any tax certified or levied by township trustees.
[C24, 27, 31, 35, 39, §369; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.2]
83 Acts, ch 123, §30, 209; 2000 Acts, ch 1148, §1; 2002 Acts, ch 1119, §200, 201; 2013 Acts, ch 30, §7
Referred to in §24.20, 74.1, 331.433, 384.2
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.3 - Requirements of local budget.

24.3 Requirements of local budget.
A municipality shall not certify or levy in any fiscal year any tax on property subject to taxation unless and until the following estimates have been made, filed, and considered, as provided in this chapter:
1. The amount of income thereof for the several funds from sources other than taxation.
2. The amount proposed to be raised by taxation.
3. The amount proposed to be expended in each and every fund and for each and every general purpose during the fiscal year next ensuing, which in the case of municipalities shall be the period of twelve months beginning on the first day of July of the current calendar year.
4. A comparison of such amounts so proposed to be expended with the amounts expended for like purposes for the two preceding years.
[C24, 27, 31, 35, 39, §370; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.3]
2021 Acts, ch 80, §12
Referred to in §8.6, 24.4, 24.9, 24.20, 37.9
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.4 - Time of filing estimates.

24.4 Time of filing estimates.
The estimates required under section 24.3 and any other estimates required by law shall be made and filed a sufficient length of time in advance of any regular or special meeting of the certifying board or levying board, as the case may be, at which tax levies are authorized to be made to permit publication, discussion, and consideration of the estimates and action to be taken as provided in this chapter.
[C24, 27, 31, 35, 39, §371; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.4]
2020 Acts, ch 1063, §12; 2022 Acts, ch 1021, §12
Referred to in §24.9, 24.20, 37.9
Section amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.5 - Estimates itemized.

24.5 Estimates itemized.
The estimates required under this chapter shall be fully itemized and classified so as to show each particular class of proposed expenditure, showing under separate heads the amount required in such manner and form as shall be prescribed by the state board.
[C24, 27, 31, 35, 39, §372; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.5]
2020 Acts, ch 1063, §13
Referred to in §24.9, 24.20, 37.9
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.6 - Emergency fund — levy.

24.6 Emergency fund — levy.
1. A municipality may include in the estimate required, an estimate for an emergency fund. A municipality may assess and levy a tax for the emergency fund at a rate not to exceed twenty-seven cents per thousand dollars of assessed value of taxable property of the municipality. However, an emergency tax levy shall not be made until the municipality has first petitioned the state board and received its approval.
2. a. Transfers of moneys may be made from the emergency fund to any other fund of the municipality for the purpose of meeting deficiencies in a fund arising from any cause. However, a transfer shall not be made except upon the written approval of the state board, and then only when that approval is requested by a two-thirds vote of the governing body of the municipality.
b. Notwithstanding the requirements of paragraph “a”, if the municipality is a school corporation, the school corporation may transfer money from the emergency fund to any other fund of the school corporation for the purpose of meeting deficiencies in a fund arising within two years of a disaster as defined in section 29C.2, subsection 4. However, a transfer under this paragraph “b” shall not be made without the written approval of the school budget review committee.
[C24, 27, 31, 35, 39, §373; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.6]
83 Acts, ch 123, §31, 209; 2009 Acts, ch 65, §1
Referred to in §24.9, 24.14, 24.20, 29C.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.7 - Supplemental estimates.

24.7 Supplemental estimates.
Supplemental estimates for particular funds may be made for levies of taxes for future years when the same are authorized by law. Such estimates may be considered, and levies made therefor at any time by filing the same, and upon giving notice in the manner required in section 24.9. Such estimates and levies shall not be considered as within the provisions of section 24.8.
[C27, 31, 35, §373-a1; C39, §373.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.7]
Referred to in §24.9, 24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.8 - Estimated tax collections.

24.8 Estimated tax collections.
The amount of the difference between the receipts estimated from all sources other than taxation and the estimated expenditures for all purposes, including the estimates for emergency expenditures, shall be the estimated amount to be raised by taxation upon the assessable property within the municipality for the next ensuing fiscal year. The estimate shall show the number of dollars of taxation for each thousand dollars of the assessed value of all property that is assessed.
[C24, 27, 31, 35, 39, §374; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.8]
Referred to in §24.7, 24.9, 24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.10 - Levies void.

24.10 Levies void.
The verified proof of the publication of the notice under section 24.9 shall be filed in the office of the county auditor and preserved by the auditor. A levy shall not be valid unless and until that notice is published and filed.
[C24, 27, 31, 35, 39, §376; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.10]
2022 Acts, ch 1021, §14
Referred to in §24.20, 37.9
Section amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.11 - Meeting for review.

24.11 Meeting for review.
The certifying board or the levying board, as the case may be, shall meet at the time and place designated in the notice published under section 24.9. At the meeting, any person who would be subject to the tax levy shall be heard in favor of or against the budget estimates and proposed levy or any part thereof.
[C24, 27, 31, 35, 39, §377; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.11]
2022 Acts, ch 1021, §15
Referred to in §24.20, 37.9
Section amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.12 - Record by certifying board.

24.12 Record by certifying board.
After the hearing has been concluded, the certifying board shall enter of record its decision in the manner and form prescribed by the state board and shall certify the same to the levying board, which board shall enter upon the current assessment and tax roll the amount of taxes which it finds shall be levied for the ensuing fiscal year in each municipality for which it makes the tax levy.
[C24, 27, 31, 35, 39, §378; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.12]
Referred to in §24.20, 37.9
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.13 - Procedure by levying board.

24.13 Procedure by levying board.
Any board which has the power to levy a tax without the same first being certified to it, shall follow the same procedure for hearings as is required of certifying boards under this chapter.
[C24, 27, 31, 35, 39, §379; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.13]
2014 Acts, ch 1092, §18
Referred to in §24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.14 - Tax limited.

24.14 Tax limited.
A greater tax than that so entered upon the record shall not be levied or collected for the municipality proposing the tax for the purposes indicated and a greater expenditure of public money shall not be made for any specific purpose than the amount estimated and appropriated for that purpose, except as provided in sections 24.6 and 24.15. All budgets set up in accordance with the statutes shall take such funds, and allocations made by sections 123.17 and 452A.79, into account, and all such funds, regardless of their source, shall be considered in preparing the budget.
[C24, 27, 31, 35, 39, §380; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §24.14; 81 Acts, ch 117, §1200]
83 Acts, ch 123, §33, 209; 89 Acts, ch 83, §12; 2003 Acts, ch 178, §1
Referred to in §24.9, 24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.15 - Further tax limitation.

24.15 Further tax limitation.
No tax shall be levied by any municipality in excess of the estimates published, except such taxes as are approved by a vote of the people, but in no case shall any tax levy be in excess of any limitation imposed thereon now or hereafter by the Constitution and laws of the state.
[C24, 27, 31, 35, 39, §381; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.15]
Referred to in §24.14, 24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.16 - Expenses — how paid.

24.16 Expenses — how paid.
The cost of publishing the notices and estimates required by this chapter, and the actual and necessary expenses of preparing the budget shall be paid out of the general funds of each municipality respectively.
[C24, 27, 31, 35, 39, §382; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.16]
Referred to in §24.20, 37.9
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.17 - Budgets certified.

24.17 Budgets certified.
1. The local budgets of the various political subdivisions shall be certified by the chairperson of the certifying board or levying board, as the case may be, in duplicate to the county auditor not later than March 15 of each year on forms, and pursuant to instructions, prescribed by the department of management. However, if the political subdivision is a county or a city, its budget shall be certified not later than March 31 of each year, and if the political subdivision is a school district, as defined in section 257.2, its budget shall be certified not later than April 15 of each year.
2. One copy of the budget shall be retained on file in the office by the county auditor and the other shall be certified by the county auditor to the state board. The department of management shall certify the taxes back to the county auditor by June 15.
[C24, 27, 31, 35, 39, §383; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.17]
92 Acts, ch 1227, §14; 97 Acts, ch 206, §13, 24; 2019 Acts, ch 165, §1, 17; 2020 Acts, ch 1062, §94
Referred to in §20.19, 20.20, 24.20, 137.112, 257.7, 331.403, 331.434, 331.907, 384.22
2019 amendment to subsection 1 applies to city and county budgets and taxes for fiscal years beginning on or after July 1, 2020; 2019 Acts, ch 165, §17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.19 - Levying board to spread tax.

24.19 Levying board to spread tax.
At the time required by law the levying board shall spread the tax rates necessary to produce the amount required for the various funds of the municipality as certified by the certifying board, for the next succeeding fiscal year, as shown in the approved budget in the manner provided by law. One copy of said rates shall be certified to the state board.
[C24, 27, 31, 35, 39, §385; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.19]
Referred to in §24.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 24 - LOCAL BUDGETS › Section 24.20 - Tax rates final.

24.20 Tax rates final.
The several tax rates and levies of a municipality that are determined and certified in the manner provided in sections 24.1 through 24.19, except such tax rates and levies as are authorized by a vote of the people, shall stand as the tax rates and levies of said municipality for the ensuing fiscal year for the purposes set out in the budget.
[C24, 27, 31, 35, 39, §386; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §24.20]
2008 Acts, ch 1031, §18; 2009 Acts, ch 133, §9