SENATE/HOUSE FILE _____

BY  (PROPOSED CITIZENS’ AIDE/OMBUDSMAN BILL)

A BILL FOR

An Act relating to governmental bodies and meetings of governmental bodies under Iowa’s open meetings law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 21.2, Code 2011, is amended to read as follows:
   21.2  Definitions.
   As used in this chapter:
   1.  “Governmental body” means:
   a.  A board, council, commission, or other governing body expressly created by the statutes of this state or by executive order.
   b.  A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.
   c.  A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to paragraphs “a” and “b” of this subsection.
   d.  Those multimembered bodies to which the state board of regents or a president of a university has delegated the responsibility for the management and control of the intercollegiate athletic programs at the state universities.
   e.  An advisory board, advisory commission, or task force created by the governor or the general assembly to develop and make recommendations on public policy issues.
   f.

e.  A nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D or a nonprofit corporation which is a successor to the nonprofit corporation which built the facility.
   g.

f.  A nonprofit corporation licensed to conduct gambling games pursuant to chapter 99F.
   h.  An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.
   i.

g.  The governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized.
   j.

h.  An advisory board, advisory commission, advisory committee, task force, or other body created by an
 
An entity
 
or a joint board established or organized
 
pursuant to an agreement under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, to develop and make recommendations on public policy issues
 
unless the agreement includes public agencies from more than one state.
   i.  An advisory board, advisory commission, advisory committee, task force, or other body created by any of the following to develop and make recommendations on public policy issues:
   (1)  The governor or the general assembly.
   (2)  A statute or executive order of this state.
   (3)  An executive order or motion, resolution, or ordinance of a political subdivision of this state.
   (4)  A governmental body as defined in paragraphs “a” through “h”.
   2.  “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action, upon any matter within the scope of the governmental body’s policy-making duties
 
or formulation of public policy or recommendations relating to public policy, concerning public business within the governmental body’s duties or discretion. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.
   3.  “Open session” means a meeting to which all members of the public have access.
    Sec. 2.  Section 21.11, Code 2011, is amended to read as follows:
   21.11  Applicability to nonprofit corporations.
   This chapter applies to nonprofit corporations which are defined as governmental bodies subject to section 21.2, subsection 1, paragraph “f”
 
“e”, only when the meetings conducted by the nonprofit corporations relate to the conduct of pari-mutuel racing and wagering pursuant to chapter 99D.
EXPLANATION
   This bill relates to governmental bodies and meetings of governmental bodies under Iowa’s open meetings law.
   The bill amends the definition of governmental body for purposes of the open meetings law (Code chapter 21) to provide that all advisory bodies created by the governor, general assembly, statute or executive order of this state, executive order or motion, resolution, or ordinance of a political subdivision of this state, or a governmental body defined in Code section 21.2, subsection 1, to develop and make recommendations on public policy issues, are subject to the requirements of the open meetings law.
   The bill amends the definition of a meeting for purposes of Code chapter 21 (Iowa’s open meetings law) to provide that a meeting includes a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action, or formulation of public policy or recommendations relating to public policy, concerning public business within the governmental body’s duties or discretion.