House
File
2363
-
Reprinted
HOUSE
FILE
2363
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
2226)
(As
Amended
and
Passed
by
the
House
March
2,
2016
)
A
BILL
FOR
An
Act
relating
to
member
attendance
and
confidentiality
1
at
a
closed
session
of
a
governmental
body
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
2363
(3)
86
rh/ec/md
H.F.
2363
Section
1.
Section
21.5,
Code
2016,
is
amended
by
adding
the
1
following
new
subsections:
2
NEW
SUBSECTION
.
3A.
A
governmental
body
shall
not
exclude
3
a
member
of
the
governmental
body
from
attending
a
closed
4
session,
unless
the
member’s
attendance
at
the
closed
session
5
creates
a
conflict
of
interest
for
the
member
due
to
the
6
specific
reason
announced
as
justification
for
holding
the
7
closed
session.
8
NEW
SUBSECTION
.
3B.
A
member
of
a
governmental
body
shall
9
keep
confidential
all
information
relating
to
all
discussions
10
and
action
occurring
at
a
closed
session
which
relate
to
the
11
specific
reason
announced
as
justification
for
the
closed
12
session.
13
Sec.
2.
Section
21.6,
subsection
1,
Code
2016,
is
amended
14
to
read
as
follows:
15
1.
The
remedies
provided
by
this
section
against
state
16
governmental
bodies
and
members
of
governmental
bodies
shall
be
17
in
addition
to
those
provided
by
section
17A.19
.
Any
aggrieved
18
person,
taxpayer
to,
or
citizen
of,
the
state
of
Iowa,
or
19
the
attorney
general
or
county
attorney,
may
seek
judicial
20
enforcement
of
the
requirements
of
this
chapter
.
Suits
to
21
enforce
this
chapter
shall
be
brought
in
the
district
court
for
22
the
county
in
which
the
governmental
body
has
its
principal
23
place
of
business.
24
Sec.
3.
Section
21.6,
Code
2016,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
3A.
In
addition
to
any
other
penalties
27
provided
for
in
this
chapter,
upon
a
finding
by
a
preponderance
28
of
the
evidence
that
a
member
of
a
governmental
body
has
29
violated
section
21.5,
subsection
3B,
a
court
shall
assess
the
30
member
damages
in
the
amount
of
not
more
than
one
thousand
31
dollars.
32
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2363
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