House File 168 - Introduced



                                       HOUSE FILE       
                                       BY  TYMESON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to certain open meeting requirements.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1997HH 83
  4 rh/rj/8

PAG LIN



  1  1    Section 1.  Section 21.3, Code 2009, is amended to read as
  1  2 follows:
  1  3    21.3  MEETINGS OF GOVERNMENTAL BODIES.
  1  4    1.  Meetings of governmental bodies shall be preceded by
  1  5 public notice as provided in section 21.4 and shall be held in
  1  6 open session unless closed sessions are expressly permitted by
  1  7 law.  Except as provided in section 21.5, all actions and
  1  8 discussions at meetings of governmental bodies, whether formal
  1  9 or informal, shall be conducted and executed in open session.
  1 10    2.  Each governmental body shall keep minutes of all its
  1 11 meetings showing the date, time and place, the members
  1 12 present, and the action taken at each meeting.  The minutes
  1 13 shall show the results of each vote taken and information
  1 14 sufficient to indicate the vote of each member present.  The
  1 15 vote of each member present shall be made public at the open
  1 16 session.  The minutes shall be public records open to public
  1 17 inspection.
  1 18    3.  Each governmental body shall provide to all persons in
  1 19 attendance at a meeting of a governmental body copies of all
  1 20 material distributed in connection with the meeting at the
  1 21 time the meeting is held, if practicable, or within three days
  1 22 after the meeting is held by posting such material on the
  1 23 internet site of the governmental body or, upon request, by
  1 24 sending such material to a requester by regular mail or
  1 25 electronic mail.
  1 26    4.  Each governmental body shall schedule at least fifty
  1 27 percent of the governmental body's meetings in the evening
  1 28 hours.
  1 29    Sec. 2.  Section 21.4, subsections 1 and 2, Code 2009, are
  1 30 amended to read as follows:
  1 31    1.  A governmental body, except township trustees, shall
  1 32 give notice of the time, date, and place of each meeting, and
  1 33 its tentative agenda, in a manner reasonably calculated to
  1 34 apprise the public of that information.  Reasonable notice
  1 35 shall include advising the news media who have filed a request
  2  1 for notice with the governmental body and posting the notice
  2  2 on a bulletin board or other prominent place which is easily
  2  3 accessible to the public and clearly designated for that
  2  4 purpose at the principal office of the body holding the
  2  5 meeting, or if no such office exists, at the building in which
  2  6 the meeting is to be held.  A meeting notice shall be posted
  2  7 at a designated location at the principal place of business of
  2  8 the governmental body holding the meeting or at the building
  2  9 in which the meeting is to be held.
  2 10    2.  a.  Notice Unless otherwise provided by law, notice
  2 11 conforming with all of the requirements of subsection 1 of
  2 12 this section shall be given at least twenty=four seventy=two
  2 13 hours prior to the commencement of any meeting of a
  2 14 governmental body unless for good cause such notice is
  2 15 impossible or impractical, in which case as much notice as is
  2 16 reasonably possible shall be given.  Each meeting shall be
  2 17 held at a place reasonably accessible to the public, and at a
  2 18 time reasonably convenient to the public, unless for good
  2 19 cause such a place or time is impossible or impractical.
  2 20 Special access to the meeting may be granted to persons with
  2 21 disabilities.
  2 22    b.  When Unless otherwise provided by law, when it is
  2 23 necessary to hold a meeting on less than twenty=four
  2 24 seventy=two hours' notice, or at a place that is not
  2 25 reasonably accessible to the public, or at a time that is not
  2 26 reasonably convenient to the public, the nature of the good
  2 27 cause justifying that departure from the normal requirements
  2 28 shall be stated in the minutes.
  2 29    Sec. 3.  Section 28E.6, Code 2009, is amended by adding the
  2 30 following new subsection:
  2 31    NEW SUBSECTION.  4.  Each joint board of the entity created
  2 32 in the agreement shall provide to all persons in attendance at
  2 33 a meeting of the joint board copies of all material
  2 34 distributed in connection with the meeting at the time the
  2 35 meeting is held, if practicable, or within three days after
  3  1 the meeting is held by posting such material on the internet
  3  2 site of the joint board or, upon request, by sending such
  3  3 material to a requester by regular mail or electronic mail.
  3  4                           EXPLANATION
  3  5    This bill makes changes to certain open meetings
  3  6 requirements.
  3  7    The bill requires a governmental body subject to Iowa's
  3  8 open meetings law to provide to all persons in attendance at a
  3  9 meeting of a governmental body copies of all material
  3 10 distributed in connection with the meeting at the time the
  3 11 meeting is held, if practicable, or within three days after
  3 12 the meeting is held by posting such material on the internet
  3 13 site of the governmental body or, upon request, by sending
  3 14 such material to a requester by regular mail or electronic
  3 15 mail.
  3 16    The bill requires a governmental body to schedule at least
  3 17 50 percent of the body's meetings in the evening hours.
  3 18    The bill provides that a meeting notice shall be posted at
  3 19 a designated location at the principal place of business of
  3 20 the governmental body holding the meeting or at the building
  3 21 in which the meeting is to be held.
  3 22    The bill requires public notice of a meeting of a
  3 23 governmental body to be posted at least 72 hours before the
  3 24 meeting is held.
  3 25    The bill also requires a joint board of the entity created
  3 26 in a 28E agreement pursuant to Code chapter 28E to provide to
  3 27 all persons in attendance at a meeting of the joint board
  3 28 copies of all material distributed in connection with the
  3 29 meeting at the time the meeting is held, if practicable, or
  3 30 within three days after the meeting is held by posting such
  3 31 material on the internet site of the joint board or, upon
  3 32 request, by sending such material to a requester by regular
  3 33 mail or electronic mail.
  3 34 LSB 1997HH 83
  3 35 rh/rj/8