Text: HSB00001 Text: HSB00003 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 21.6, subsection 3, paragraph b, Code
1 2 1999, is amended to read as follows:
1 3 b. Shall order the payment of all costs and reasonable
1 4 attorneys fees, including appellate attorney fees, to any
1 5 party successfully establishing a violation of this chapter.
1 6 The costs and fees shall be paid by those members of the
1 7 governmental body who are assessed damages under paragraph "a"
1 8 of this subsection. If no such members exist because they
1 9 have a lawful defense under that paragraph to the imposition
1 10 of such damages, the costs and fees shall be paid to the
1 11 successful party from the budget of the offending governmental
1 12 body or its parent.
1 13 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
1 14 3, shall not apply to this Act.
1 15 EXPLANATION
1 16 The bill amends Code chapter 21, which is commonly referred
1 17 to as the "open meetings" law. Existing law allows a person,
1 18 which includes any citizen, the attorney general, the state,
1 19 or county attorney to bring a court action against a
1 20 governmental body for any violation of the open meetings law.
1 21 If that person is successful in court, the person may recover
1 22 from the governmental body reasonable costs which include
1 23 reasonable attorney fees.
1 24 This bill provides that, if a person bringing a court
1 25 action is successful, the person may also recover appellate
1 26 attorney fees in addition to any reasonable attorney fees upon
1 27 a finding that a violation of the open meetings law has
1 28 occurred.
1 29 This bill may include a state mandate as defined in Code
1 30 section 25B.3. This bill makes inapplicable Code section
1 31 25B.2, subsection 3, which would relieve a political
1 32 subdivision from complying with a state mandate if funding for
1 33 the cost of the state mandate is not provided or specified.
1 34 therefore, political subdivisions are required to comply with
1 35 any state mandate included in this bill.
2 1 LSB 1480HC 78
2 2 jm/jw/5
Text: HSB00001 Text: HSB00003 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Nov 5 03:46:01 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00000/HSB00002/990114.html
jhf