Senate Study Bill 3018 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED CITIZENS’ AIDE/OMBUDSMAN BILL) A BILL FOR An Act relating to governmental bodies and meetings of 1 governmental bodies under Iowa’s open meetings law. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5271DP (1) 84 rh/rj

S.F. _____ H.F. _____ Section 1. Section 21.2, Code 2011, is amended to read as 1 follows: 2 21.2 Definitions. 3 As used in this chapter : 4 1. “Governmental body” means: 5 a. A board, council, commission, or other governing body 6 expressly created by the statutes of this state or by executive 7 order. 8 b. A board, council, commission, or other governing body 9 of a political subdivision or tax-supported district in this 10 state. 11 c. A multimembered body formally and directly created by 12 one or more boards, councils, commissions, or other governing 13 bodies subject to paragraphs “a” and “b” of this subsection . 14 d. Those multimembered bodies to which the state board 15 of regents or a president of a university has delegated 16 the responsibility for the management and control of the 17 intercollegiate athletic programs at the state universities. 18 e. An advisory board, advisory commission, or task force 19 created by the governor or the general assembly to develop and 20 make recommendations on public policy issues. 21 f. e. A nonprofit corporation other than a fair conducting 22 a fair event as provided in chapter 174 , whose facilities or 23 indebtedness are supported in whole or in part with property 24 tax revenue and which is licensed to conduct pari-mutuel 25 wagering pursuant to chapter 99D or a nonprofit corporation 26 which is a successor to the nonprofit corporation which built 27 the facility. 28 g. f. A nonprofit corporation licensed to conduct gambling 29 games pursuant to chapter 99F . 30 h. An advisory board, advisory commission, advisory 31 committee, task force, or other body created by statute or 32 executive order of this state or created by an executive order 33 of a political subdivision of this state to develop and make 34 recommendations on public policy issues. 35 -1- LSB 5271DP (1) 84 rh/rj 1/ 3

S.F. _____ H.F. _____ i. g. The governing body of a drainage or levee district 1 as provided in chapter 468 , including a board as defined in 2 section 468.3 , regardless of how the district is organized. 3 j. h. An advisory board, advisory commission, advisory 4 committee, task force, or other body created by an An entity 5 or a joint board established or organized pursuant to an 6 agreement under chapter 28E , or by the administrator or joint 7 board specified in a chapter 28E agreement, to develop and make 8 recommendations on public policy issues unless the agreement 9 includes public agencies from more than one state . 10 i. An advisory board, advisory commission, advisory 11 committee, task force, or other body created by any of the 12 following to develop and make recommendations on public policy 13 issues: 14 (1) The governor or the general assembly. 15 (2) A statute or executive order of this state. 16 (3) An executive order or motion, resolution, or ordinance 17 of a political subdivision of this state. 18 (4) A governmental body as defined in paragraphs “a” through 19 “h” . 20 2. “Meeting” means a gathering in person or by electronic 21 means, formal or informal, of a majority of the members of 22 a governmental body where there is deliberation or action , 23 upon any matter within the scope of the governmental body’s 24 policy-making duties or formulation of public policy or 25 recommendations relating to public policy, concerning public 26 business within the governmental body’s duties or discretion . 27 Meetings shall not include a gathering of members of a 28 governmental body for purely ministerial or social purposes 29 when there is no discussion of policy or no intent to avoid the 30 purposes of this chapter . 31 3. “Open session” means a meeting to which all members of 32 the public have access. 33 Sec. 2. Section 21.11, Code 2011, is amended to read as 34 follows: 35 -2- LSB 5271DP (1) 84 rh/rj 2/ 3

S.F. _____ H.F. _____ 21.11 Applicability to nonprofit corporations. 1 This chapter applies to nonprofit corporations which 2 are defined as governmental bodies subject to section 21.2, 3 subsection 1 , paragraph “f” “e” , only when the meetings 4 conducted by the nonprofit corporations relate to the conduct 5 of pari-mutuel racing and wagering pursuant to chapter 99D . 6 EXPLANATION 7 This bill relates to governmental bodies and meetings of 8 governmental bodies under Iowa’s open meetings law. 9 The bill amends the definition of governmental body for 10 purposes of the open meetings law (Code chapter 21) to provide 11 that all advisory bodies created by the governor, general 12 assembly, statute or executive order of this state, executive 13 order or motion, resolution, or ordinance of a political 14 subdivision of this state, or a governmental body defined 15 in Code section 21.2, subsection 1, to develop and make 16 recommendations on public policy issues, are subject to the 17 requirements of the open meetings law. 18 The bill amends the definition of a meeting for purposes 19 of Code chapter 21 (Iowa’s open meetings law) to provide that 20 a meeting includes a gathering in person or by electronic 21 means, formal or informal, of a majority of the members of 22 a governmental body where there is deliberation or action, 23 or formulation of public policy or recommendations relating 24 to public policy, concerning public business within the 25 governmental body’s duties or discretion. 26 -3- LSB 5271DP (1) 84 rh/rj 3/ 3