House Study Bill 136
HOUSE FILE
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL
BY CHAIRPERSON ELGIN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to violations of the open meetings and open
2 records law by a member of a governmental body, the lawful
3 custodian of a public record, or any other appropriate person.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2025HC 81
6 rh/sh/8
PAG LIN
1 1 Section 1. Section 21.6, subsection 3, paragraph d, Code
1 2 2005, is amended to read as follows:
1 3 d. Shall issue an order removing a member of a
1 4 governmental body from office if that member has engaged done
1 5 either of the following:
1 6 (1) Intentionally acted contrary to a formal opinion of
1 7 the attorney general or the advice of the attorney for the
1 8 governmental body, where such opinion or advice concluded that
1 9 the action taken would be a violation of this chapter.
1 10 (2) Engaged in two a prior violations violation of this
1 11 chapter for which damages were assessed against the member
1 12 during the member's term.
1 13 Sec. 2. Section 22.10, subsection 3, paragraph d, Code
1 14 2005, is amended to read as follows:
1 15 d. Shall issue an order removing a person from office or
1 16 terminating the person's governmental employment if that
1 17 person has engaged done either of the following:
1 18 (1) Intentionally acted contrary to a formal opinion of
1 19 the attorney general or the advice of the attorney for the
1 20 governmental body, where such opinion or advice concluded that
1 21 the action taken would be a violation of this chapter.
1 22 (2) Engaged in two a prior violations violation of this
1 23 chapter for which damages were assessed against the person
1 24 during the person's term.
1 25 EXPLANATION
1 26 This bill relates to violations of the open meetings and
1 27 open records law by a member of a governmental body, the
1 28 lawful custodian of a public record, or any other appropriate
1 29 persons.
1 30 The bill provides that a court shall issue an order
1 31 removing a member of a governmental body or a lawful custodian
1 32 of a public record from the person's office or terminating the
1 33 employment of any other appropriate person in the office of
1 34 the lawful custodian upon a finding by a preponderance of the
1 35 evidence that the person has intentionally acted contrary to a
2 1 formal opinion of the attorney general or the advice of the
2 2 attorney for the governmental body, where such opinion or
2 3 advice concluded that the action taken would be a violation of
2 4 either the public records or open meetings law, or where the
2 5 member or person engaged in a prior violation of either the
2 6 public records or open meetings law for which damages were
2 7 assessed against the member during the member's term or
2 8 against the person during the person's term.
2 9 LSB 2025HC 81
2 10 rh:nh/sh/8