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House
File
416
-
Introduced
HOUSE
FILE
416
BY
MOHR
A
BILL
FOR
An
Act
relating
to
open
meetings
and
open
records,
providing
1
penalties,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1160YH
(7)
91
cm/ns
H.F.
416
Section
1.
Section
21.6,
subsection
3,
paragraphs
a
and
d,
1
Code
2025,
are
amended
to
read
as
follows:
2
a.
Shall
assess
each
member
of
the
governmental
body
who
3
participated
in
its
violation
damages
in
the
amount
of
not
more
4
than
two
thousand
five
hundred
dollars
and
not
less
than
one
5
five
hundred
dollars.
However,
if
a
member
of
a
governmental
6
body
knowingly
participated
in
such
a
violation,
damages
7
shall
be
in
the
amount
of
not
more
than
two
twelve
thousand
8
five
hundred
dollars
and
not
less
than
one
five
thousand
9
dollars.
These
damages
shall
be
paid
by
the
court
imposing
10
it
to
the
state
of
Iowa,
if
the
body
in
question
is
a
state
11
governmental
body,
or
to
the
local
government
involved
if
the
12
body
in
question
is
a
local
governmental
body.
A
member
of
a
13
governmental
body
found
to
have
violated
this
chapter
shall
not
14
be
assessed
such
damages
if
that
member
proves
that
the
member
15
did
any
of
the
following:
16
(1)
Voted
against
the
closed
session.
17
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
18
facts
which,
if
true,
would
have
indicated
compliance
with
all
19
the
requirements
of
this
chapter
.
20
(3)
Reasonably
relied
upon
a
decision
of
a
court,
a
formal
21
opinion
of
the
Iowa
public
information
board,
the
attorney
22
general,
or
the
attorney
for
the
governmental
body,
given
in
23
writing,
or
as
memorialized
in
the
minutes
of
the
meeting
at
24
which
a
formal
oral
opinion
was
given,
or
an
advisory
opinion
25
of
the
Iowa
public
information
board,
the
attorney
general,
or
26
the
attorney
for
the
governmental
body,
given
in
writing.
27
d.
Shall
issue
an
order
removing
a
member
of
a
governmental
28
body
from
office
if
that
member
has
engaged
in
a
prior
29
violation
of
this
chapter
for
which
damages
were
assessed
30
against
the
member
during
the
member’s
term
.
31
Sec.
2.
NEW
SECTION
.
21.12
Member
education
course
32
required.
33
1.
A
newly
elected
or
appointed
public
official
who
is
34
a
member
of
a
governmental
body
shall
complete
a
course
of
35
-1-
LSB
1160YH
(7)
91
cm/ns
1/
4
H.F.
416
training
of
not
less
than
one
and
not
more
than
two
hours
1
regarding
the
responsibilities
of
the
governmental
body
and
the
2
governmental
body’s
members
under
this
chapter
and
chapter
22
3
not
later
than
the
ninetieth
day
after
the
date
the
member
does
4
one
of
the
following,
as
applicable:
5
a.
Takes
the
initial
oath
of
office.
6
b.
Assumes
responsibilities,
if
the
member
is
not
required
7
to
take
an
oath
of
office.
8
2.
The
Iowa
public
information
board
shall
ensure
that
the
9
training
is
made
available.
The
Iowa
public
information
board
10
may
provide
the
training
and
may
also
approve
any
acceptable
11
course
of
training
offered
by
a
governmental
body
or
other
12
entity.
The
Iowa
public
information
board
shall
ensure
that
at
13
least
one
course
of
training
approved
or
provided
by
the
Iowa
14
public
information
board
is
available
at
no
cost.
15
3.
The
Iowa
public
information
board
or
other
entity
16
providing
the
training
shall
provide
a
certificate
of
course
17
completion
to
persons
who
complete
the
training
required
by
18
this
section.
A
governmental
body
shall
maintain
and
make
19
available
for
public
inspection
the
record
of
the
governmental
20
body’s
members’
completion
of
the
training.
21
a.
Completing
the
required
training
as
a
member
of
22
the
governmental
body
satisfies
the
requirements
of
this
23
section
with
regard
to
the
member’s
service
on
a
committee
or
24
subcommittee
of
the
governmental
body
and
the
member’s
service
25
on
any
other
governmental
body.
26
b.
The
training
required
by
this
section
may
be
used
to
27
satisfy
any
corresponding
training
requirements
concerning
this
28
chapter
and
chapter
22
as
required
by
law
for
the
members
of
a
29
governmental
body.
30
4.
If
one
or
more
members
of
a
governmental
body
fail
to
31
complete
the
training
required
by
this
section,
the
failure
32
does
not
affect
the
validity
of
an
action
taken
by
the
33
governmental
body.
However,
the
member
must
complete
training
34
within
sixty
days
or
may
be
assessed
damages
as
described
in
35
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416
section
21.6,
subsection
3.
1
5.
This
section
does
not
apply
to
a
member
of
a
governmental
2
body
if
the
member
or
governmental
body
is
excluded
from
the
3
jurisdiction
of
the
Iowa
public
information
board
under
section
4
23.12.
5
Sec.
3.
Section
23.6,
subsection
8,
Code
2025,
is
amended
6
to
read
as
follows:
7
8.
After
appropriate
board
proceedings,
issue
orders
8
with
the
force
of
law,
determining
whether
there
has
been
9
a
violation
of
chapter
21
or
22
,
requiring
compliance
with
10
specified
provisions
of
those
chapters,
imposing
civil
11
penalties
equivalent
to
and
to
the
same
extent
as
those
12
provided
for
in
section
21.6
,
21.12,
or
22.10
,
as
applicable,
13
on
a
respondent
who
has
been
found
in
violation
of
chapter
21
14
or
22
,
and
imposing
any
other
appropriate
remedies
calculated
15
to
declare,
terminate,
or
remediate
any
violation
of
those
16
chapters.
17
Sec.
4.
Section
23.10,
subsection
3,
paragraph
b,
18
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
19
(1)
Require
the
respondent
to
pay
damages
as
provided
for
in
20
section
21.6
,
21.12,
or
22.10
,
whichever
is
applicable,
to
the
21
extent
that
provision
would
make
such
damages
payable
if
the
22
complainant
had
sought
to
enforce
a
violation
in
court
instead
23
of
through
the
board.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Under
current
law,
a
court
is
required
to
assess
a
person
who
28
participated
in
a
violation
of
Code
chapter
21
(open
meetings)
29
damages
between
$100
and
$500.
This
bill
increases
the
damages
30
to
between
$500
and
$2,500.
Under
current
law,
if
a
violation
31
was
knowingly
committed,
a
court
is
required
to
assess
the
32
person
damages
between
$1,000
and
$2,500.
The
bill
increases
33
the
damages
to
between
$5,000
and
$12,500.
34
The
bill
requires
a
court
to
issue
an
order
removing
a
member
35
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cm/ns
3/
4
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416
of
a
governmental
body
from
office
if
that
member
has
engaged
1
in
a
prior
violation
of
Code
chapter
21
regardless
of
whether
2
damages
were
assessed
against
the
member
during
the
member’s
3
term,
which
is
a
prerequisite
to
removal
under
current
law.
4
The
bill
requires
a
newly
elected
or
appointed
public
5
official
who
is
a
member
of
a
governmental
body
to
complete
6
a
course
of
training
regarding
the
responsibilities
of
the
7
governmental
body
and
the
governmental
body’s
members
under
8
Code
chapters
21
and
22
(open
records)
not
later
than
the
90th
9
day
after
the
date
the
member
takes
the
initial
oath
of
office
10
or
assumes
responsibilities.
11
The
bill
requires
the
Iowa
public
information
board
to
12
ensure
that
the
training
is
made
available.
The
board
may
13
provide
the
training
and
approve
any
acceptable
course
of
14
training
offered
by
a
governmental
body
or
other
entity.
15
The
board
shall
ensure
that
at
least
one
course
of
training
16
approved
or
provided
by
the
board
is
available
at
no
cost.
17
The
bill
requires
the
board
or
other
entity
providing
18
the
training
to
provide
a
certificate
of
course
completion,
19
which
the
governmental
body
must
make
available
for
public
20
inspection.
21
The
bill
provides
that
if
a
member
fails
to
complete
the
22
required
training,
the
failure
does
not
affect
the
validity
of
23
an
action
taken
by
the
governmental
body.
However,
the
member
24
must
complete
training
within
60
days
or
may
be
subject
to
25
damages
pursuant
to
Code
section
21.6.
26
The
bill’s
provisions
relating
to
a
course
of
training
do
27
not
apply
to
the
judicial
or
legislative
branches
of
state
28
government
or
any
entity,
officer,
or
employee
of
those
29
branches,
or
to
the
governor
or
the
office
of
the
governor.
30
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cm/ns
4/
4