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 hasengageddone 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 intwoa priorviolationsviolation 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 hasengageddone 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 intwoa priorviolationsviolation 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