House
File
2062
-
Introduced
HOUSE
FILE
2062
BY
MOHR
A
BILL
FOR
An
Act
relating
to
open
meetings
and
open
records,
providing
1
penalties,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5526YH
(3)
90
cm/ns
H.F.
2062
Section
1.
Section
21.6,
subsection
3,
paragraphs
a
and
d,
1
Code
2024,
are
amended
to
read
as
follows:
2
a.
Shall
assess
each
member
of
the
governmental
body
who
3
participated
in
its
violation
damages
in
the
amount
of
not
4
more
than
five
hundred
thousand
dollars
and
not
less
than
5
one
hundred
thousand
dollars.
However,
if
a
member
of
a
6
governmental
body
knowingly
participated
in
such
a
violation,
7
damages
shall
be
in
the
amount
of
not
more
than
two
thousand
8
five
hundred
twenty-five
thousand
dollars
and
not
less
than
one
9
ten
thousand
dollars.
These
damages
shall
be
paid
by
the
court
10
imposing
it
to
the
state
of
Iowa,
if
the
body
in
question
is
a
11
state
governmental
body,
or
to
the
local
government
involved
if
12
the
body
in
question
is
a
local
governmental
body.
A
member
of
13
a
governmental
body
found
to
have
violated
this
chapter
shall
14
not
be
assessed
such
damages
if
that
member
proves
that
the
15
member
did
any
of
the
following:
16
(1)
Voted
against
the
closed
session.
17
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
18
facts
which,
if
true,
would
have
indicated
compliance
with
all
19
the
requirements
of
this
chapter
.
20
(3)
Reasonably
relied
upon
a
decision
of
a
court,
a
formal
21
opinion
of
the
Iowa
public
information
board,
the
attorney
22
general,
or
the
attorney
for
the
governmental
body,
given
in
23
writing,
or
as
memorialized
in
the
minutes
of
the
meeting
at
24
which
a
formal
oral
opinion
was
given,
or
an
advisory
opinion
25
of
the
Iowa
public
information
board,
the
attorney
general,
or
26
the
attorney
for
the
governmental
body,
given
in
writing.
27
d.
Shall
issue
an
order
removing
a
member
of
a
governmental
28
body
from
office
if
that
member
has
engaged
in
a
prior
29
violation
of
this
chapter
for
which
damages
were
assessed
30
against
the
member
during
the
member’s
term
.
31
Sec.
2.
NEW
SECTION
.
21.12
Member
education
course
32
required.
33
Upon
election
or
appointment
to
a
governmental
body,
a
34
person
shall
complete
an
educational
course
provided
by
the
35
-1-
LSB
5526YH
(3)
90
cm/ns
1/
2
H.F.
2062
governmental
body
on
the
provisions
of
chapters
21
and
22
that
1
are
relevant
to
the
person’s
position.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
current
law,
a
court
is
required
to
assess
a
person
6
who
participated
in
a
violation
of
Code
chapter
21
(open
7
meetings)
damages
between
$100
and
$500.
This
bill
increases
8
the
damages
to
between
$1,000
and
$5,000.
Under
current
law,
9
if
a
violation
was
knowingly
committed,
a
court
is
required
to
10
assess
the
person
damages
between
$1,000
and
$2,500.
The
bill
11
increases
the
damages
to
between
$10,000
and
$25,000.
12
The
bill
requires
a
court
to
issue
an
order
removing
a
member
13
of
a
governmental
body
from
office
if
that
member
has
engaged
14
in
a
prior
violation
of
Code
chapter
21
regardless
of
whether
15
damages
were
assessed
against
the
member
during
the
member’s
16
term,
which
is
a
prerequisite
to
removal
under
current
law.
17
The
bill
requires
members
elected
or
appointed
to
a
18
governmental
body
to
take
an
educational
course
provided
by
19
the
governmental
body
on
the
provisions
of
Code
chapter
21
20
and
Code
chapter
22
(open
records)
that
are
relevant
to
the
21
member’s
position.
By
operation
of
law,
failing
to
take
such
22
an
educational
course
is
a
violation
of
Code
chapter
21
and
23
subjects
the
person
to
the
penalties
provided
in
Code
section
24
21.6.
25
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5526YH
(3)
90
cm/ns
2/
2