H.F. 2539 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 more 4 than two thousand five hundred dollars and not less than one 5 five hundred dollars. However, if a member of a governmental 6 body knowingly participated in such a violation, damages 7 shall be in the amount of not more than two twelve thousand 8 five hundred dollars and not less than one five thousand 9 dollars. These damages shall be paid by the court imposing 10 it to the state of Iowa, if the body in question is a state 11 governmental body, or to the local government involved if the 12 body in question is a local governmental body. A member of a 13 governmental body found to have violated this chapter shall not 14 be assessed such damages if that member proves that the member 15 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 1. An elected or appointed public official who is a member 34 of a governmental body shall complete a course of training of 35 -1- LSB 5526HV (3) 90 cm/ns 1/ 4

H.F. 2539 not less than one and not more than two hours regarding the 1 responsibilities of the governmental body and the governmental 2 body’s members under chapters 21 and 22 not later than the 3 ninetieth day after the date the member does one of the 4 following, as applicable: 5 a. Takes the oath of office. 6 b. Assumes responsibilities, if the member is not required 7 to take an oath of office. 8 c. Reelected or reappointed to the position. 9 2. The Iowa public information board shall ensure that the 10 training is made available. The Iowa public information board 11 may provide the training and may also approve any acceptable 12 course of training offered by a governmental body or other 13 entity. The Iowa public information board shall ensure that at 14 least one course of training approved or provided by the Iowa 15 public information board is available at no cost. 16 3. The Iowa public information board or other entity 17 providing the training shall provide a certificate of course 18 completion to persons who complete the training required by 19 this section. A governmental body shall maintain and make 20 available for public inspection the record of the governmental 21 body’s members’ completion of the training. 22 a. Completing the required training as a member of 23 the governmental body satisfies the requirements of this 24 section with regard to the member’s service on a committee or 25 subcommittee of the governmental body and the member’s service 26 on any other governmental body. 27 b. The training required by this section may be used to 28 satisfy any corresponding training requirements concerning 29 chapters 21 and 22 as required by law for the members of a 30 governmental body. 31 4. If one or more members of a governmental body fail to 32 complete the training required by this section, the failure 33 does not affect the validity of an action taken by the 34 governmental body. However, the member must complete training 35 -2- LSB 5526HV (3) 90 cm/ns 2/ 4

H.F. 2539 within sixty days or may be fined pursuant to section 21.6, 1 subsection 3. 2 Sec. 3. Section 23.10, subsection 3, paragraph b, 3 subparagraph (1), Code 2024, is amended to read as follows: 4 (1) Require the respondent to pay damages as provided for in 5 section 21.6 , 21.12, or 22.10 , whichever is applicable, to the 6 extent that provision would make such damages payable if the 7 complainant had sought to enforce a violation in court instead 8 of through the board. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 Under current law, a court is required to assess a person who 13 participated in a violation of Code chapter 21 (open meetings) 14 damages between $100 and $500. This bill increases the damages 15 to between $500 and $2,500. Under current law, if a violation 16 was knowingly committed, a court is required to assess the 17 person damages between $1,000 and $2,500. The bill increases 18 the damages to between $5,000 and $12,500. 19 The bill requires a court to issue an order removing a member 20 of a governmental body from office if that member has engaged 21 in a prior violation of Code chapter 21 regardless of whether 22 damages were assessed against the member during the member’s 23 term, which is a prerequisite to removal under current law. 24 The bill requires an elected or appointed public official 25 who is a member of a governmental body to complete a course of 26 training regarding the responsibilities of the governmental 27 body and the governmental body’s members under Code chapters 28 21 and 22 (open records) not later than the 90th day after the 29 date the member does one of the following: (1) takes the oath 30 of office, (2) assumes responsibilities, if the member is not 31 required to take an oath of office, or (3) is reelected or 32 reappointed to the position. 33 The bill requires the Iowa public information board to 34 ensure that the training is made available. The board may 35 -3- LSB 5526HV (3) 90 cm/ns 3/ 4

H.F. 2539 provide the training and approve any acceptable course of 1 training offered by a governmental body or other entity. 2 The board shall ensure that at least one course of training 3 approved or provided by the board is available at no cost. 4 The bill requires the board or other entity providing 5 the training to provide a certificate of course completion, 6 which the governmental body must make available for public 7 inspection. 8 The bill provides that if a member fails to complete the 9 required training, the failure does not affect the validity of 10 an action taken by the governmental body. However, the member 11 must complete training within 60 days or may be subject to 12 penalties and damages pursuant to Code section 21.6. 13 -4- LSB 5526HV (3) 90 cm/ns 4/ 4