HF 706 (LSB 1160HV (1) 91)

HOUSE FILE 706

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 416)

A BILL FOR

An Act relating to open meetings and open records, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 21.6, subsection 3, paragraphs a and d, Code 2025, are amended to read as follows:
   a.  Shall assess each member of the governmental body who participated in its violation damages in the amount of not more than two thousand five hundred dollars and not less than one five hundred dollars. However, if a member of a governmental body knowingly participated in such a violation, damages shall be in the amount of not more than two twelve thousand five hundred dollars and not less than one five thousand dollars. These damages shall be paid by the court imposing it to the state of Iowa, if the body in question is a state governmental body, or to the local government involved if the body in question is a local governmental body. A member of a governmental body found to have violated this chapter shall not be assessed such damages if that member proves that the member did any of the following:
   (1)  Voted against the closed session.
   (2)  Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with all the requirements of this chapter.
   (3)  Reasonably relied upon a decision of a court, a formal opinion of the Iowa public information board, the attorney general, or the attorney for the governmental body, given in writing, or as memorialized in the minutes of the meeting at which a formal oral opinion was given, or an advisory opinion of the Iowa public information board, the attorney general, or the attorney for the governmental body, given in writing.
   d.  Shall issue an order removing a member of a governmental body from office if that member has engaged in a prior violation of this chapter for which damages were assessed against the member during the member’s term.
    Sec. 2.  NEW SECTION.  21.12  Member education course required.
   1.  A newly elected or appointed public official who is a member of a governmental body shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and the governmental body’s members under this chapter and chapter 22 not later than the ninetieth day after the date the member does one of the following, as applicable:
   a.  Takes the initial oath of office.
   b.  Assumes responsibilities, if the member is not required to take an oath of office.
   2.  The Iowa public information board shall ensure that the training is made available. The Iowa public information board may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. The Iowa public information board shall ensure that at least one course of training approved or provided by the Iowa public information board is available at no cost. 
   3.  The Iowa public information board or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. A governmental body shall maintain and make available for public inspection the record of the governmental body’s members’ completion of the training.
   a.  Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member’s service on a committee or subcommittee of the governmental body and the member’s service on any other governmental body.
   b.  The training required by this section may be used to satisfy any corresponding training requirements concerning this chapter and chapter 22 as required by law for the members of a governmental body.
   4.  If one or more members of a governmental body fail to complete the training required by this section, the failure does not affect the validity of an action taken by the governmental body. However, the member must complete training within sixty days or may be assessed damages as described in section 21.6, subsection 3.
   5.  This section does not apply to a member of a governmental body if the member or governmental body is excluded from the jurisdiction of the Iowa public information board under section 23.12.
    Sec. 3.  Section 23.6, subsection 8, Code 2025, is amended to read as follows:
   8.  After appropriate board proceedings, issue orders with the force of law, determining whether there has been a violation of chapter 21 or 22, requiring compliance with specified provisions of those chapters, imposing civil penalties equivalent to and to the same extent as those provided for in section 21.6, 21.12, or 22.10, as applicable, on a respondent who has been found in violation of chapter 21 or 22, and imposing any other appropriate remedies calculated to declare, terminate, or remediate any violation of those chapters.
    Sec. 4.  Section 23.10, subsection 3, paragraph b, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  Require the respondent to pay damages as provided for in section 21.6, 21.12, or 22.10, whichever is applicable, to the extent that provision would make such damages payable if the complainant had sought to enforce a violation in court instead of through the board.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a court is required to assess a person who participated in a violation of Code chapter 21 (open meetings) damages between $100 and $500. This bill increases the damages to between $500 and $2,500. Under current law, if a violation was knowingly committed, a court is required to assess the person damages between $1,000 and $2,500. The bill increases the damages to between $5,000 and $12,500.
   The bill requires a court to issue an order removing a member of a governmental body from office if that member has engaged in a prior violation of Code chapter 21 regardless of whether damages were assessed against the member during the member’s term, which is a prerequisite to removal under current law.
   The bill requires a newly elected or appointed public official who is a member of a governmental body to complete a course of training regarding the responsibilities of the governmental body and the governmental body’s members under Code chapters 21 and 22 (open records) not later than the 90th day after the date the member takes the initial oath of office or assumes responsibilities.
   The bill requires the Iowa public information board to ensure that the training is made available. The board may provide the training and approve any acceptable course of training offered by a governmental body or other entity. The board shall ensure that at least one course of training approved or provided by the board is available at no cost.
   The bill requires the board or other entity providing the training to provide a certificate of course completion, which the governmental body must make available for public inspection.
   The bill provides that if a member fails to complete the required training, the failure does not affect the validity of an action taken by the governmental body. However, the member must complete training within 60 days or may be subject to damages pursuant to Code section 21.6.
   The bill’s provisions relating to a course of training do not apply to the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or to the governor or the office of the governor.