HF 2308 (LSB 5295HV (2) 88)

HOUSE FILE 2308

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HSB 504)

A BILL FOR

An Act relating to the definition of meeting and public notice requirements under the open meetings law. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 21.2, subsection 2, Code 2020, is amended to read as follows:
   2.  “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making or budgetary duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or budgetary duties or no intent to avoid the purposes of this chapter.
    Sec. 2.  Section 21.4, subsection 2, paragraph a, Code 2020, is amended to read as follows:
   a.  Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body, excluding weekend days and paid holidays as specified in section 1C.2, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. 
    Sec. 3.  Section 21.4, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  For purposes of this section, “good cause” includes a personnel or student matter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the definition of meeting and public notice requirements under the open meetings law (Code chapter 21).
   The bill amends the definition of a meeting that is subject to the requirements of the open meetings law by expanding the definition to include any deliberations or actions (including recommendations) taken by a governmental body as defined in the open meetings law, that are within a governmental body’s budgetary duties.
   The bill also excludes weekend days and paid holidays as specified in Code section 1C.2 when determining the 24-hour time period for purposes of public notice under the open meetings law. The bill also provides that good cause for purposes of exceptions to public notice requirements under Code section 21.4 includes a personnel or student matter.