H.F. 706 Section 1. Section 21.6, subsection 3, paragraphs a and d, 1 Code 2025, 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. A newly elected or appointed public official who is 34 a member of a governmental body shall complete a course of 35 -1- LSB 1160HV (1) 91 cm/ns 1/ 4

H.F. 706 training of not less than one and not more than two hours 1 regarding the responsibilities of the governmental body and the 2 governmental body’s members under this chapter and chapter 22 3 not later than the ninetieth day after the date the member does 4 one of the following, as applicable: 5 a. Takes the initial oath of office. 6 b. Assumes responsibilities, if the member is not required 7 to take an oath of office. 8 2. The Iowa public information board shall ensure that the 9 training is made available. The Iowa public information board 10 may provide the training and may also approve any acceptable 11 course of training offered by a governmental body or other 12 entity. The Iowa public information board shall ensure that at 13 least one course of training approved or provided by the Iowa 14 public information board is available at no cost. 15 3. The Iowa public information board or other entity 16 providing the training shall provide a certificate of course 17 completion to persons who complete the training required by 18 this section. A governmental body shall maintain and make 19 available for public inspection the record of the governmental 20 body’s members’ completion of the training. 21 a. Completing the required training as a member of 22 the governmental body satisfies the requirements of this 23 section with regard to the member’s service on a committee or 24 subcommittee of the governmental body and the member’s service 25 on any other governmental body. 26 b. The training required by this section may be used to 27 satisfy any corresponding training requirements concerning this 28 chapter and chapter 22 as required by law for the members of a 29 governmental body. 30 4. If one or more members of a governmental body fail to 31 complete the training required by this section, the failure 32 does not affect the validity of an action taken by the 33 governmental body. However, the member must complete training 34 within sixty days or may be assessed damages as described in 35 -2- LSB 1160HV (1) 91 cm/ns 2/ 4

H.F. 706 section 21.6, subsection 3. 1 5. This section does not apply to a member of a governmental 2 body if the member or governmental body is excluded from the 3 jurisdiction of the Iowa public information board under section 4 23.12. 5 Sec. 3. Section 23.6, subsection 8, Code 2025, is amended 6 to read as follows: 7 8. After appropriate board proceedings, issue orders 8 with the force of law, determining whether there has been 9 a violation of chapter 21 or 22 , requiring compliance with 10 specified provisions of those chapters, imposing civil 11 penalties equivalent to and to the same extent as those 12 provided for in section 21.6 , 21.12, or 22.10 , as applicable, 13 on a respondent who has been found in violation of chapter 21 14 or 22 , and imposing any other appropriate remedies calculated 15 to declare, terminate, or remediate any violation of those 16 chapters. 17 Sec. 4. Section 23.10, subsection 3, paragraph b, 18 subparagraph (1), Code 2025, is amended to read as follows: 19 (1) Require the respondent to pay damages as provided for in 20 section 21.6 , 21.12, or 22.10 , whichever is applicable, to the 21 extent that provision would make such damages payable if the 22 complainant had sought to enforce a violation in court instead 23 of through the board. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 Under current law, a court is required to assess a person who 28 participated in a violation of Code chapter 21 (open meetings) 29 damages between $100 and $500. This bill increases the damages 30 to between $500 and $2,500. Under current law, if a violation 31 was knowingly committed, a court is required to assess the 32 person damages between $1,000 and $2,500. The bill increases 33 the damages to between $5,000 and $12,500. 34 The bill requires a court to issue an order removing a member 35 -3- LSB 1160HV (1) 91 cm/ns 3/ 4

H.F. 706 of a governmental body from office if that member has engaged 1 in a prior violation of Code chapter 21 regardless of whether 2 damages were assessed against the member during the member’s 3 term, which is a prerequisite to removal under current law. 4 The bill requires a newly elected or appointed public 5 official who is a member of a governmental body to complete 6 a course of training regarding the responsibilities of the 7 governmental body and the governmental body’s members under 8 Code chapters 21 and 22 (open records) not later than the 90th 9 day after the date the member takes the initial oath of office 10 or assumes responsibilities. 11 The bill requires the Iowa public information board to 12 ensure that the training is made available. The board may 13 provide the training and approve any acceptable course of 14 training offered by a governmental body or other entity. 15 The board shall ensure that at least one course of training 16 approved or provided by the board is available at no cost. 17 The bill requires the board or other entity providing 18 the training to provide a certificate of course completion, 19 which the governmental body must make available for public 20 inspection. 21 The bill provides that if a member fails to complete the 22 required training, the failure does not affect the validity of 23 an action taken by the governmental body. However, the member 24 must complete training within 60 days or may be subject to 25 damages pursuant to Code section 21.6. 26 The bill’s provisions relating to a course of training do 27 not apply to the judicial or legislative branches of state 28 government or any entity, officer, or employee of those 29 branches, or to the governor or the office of the governor. 30 -4- LSB 1160HV (1) 91 cm/ns 4/ 4