HF 2363 (LSB 5915HV (3) 86)

HOUSE FILE 2363

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 2226)

(As Amended and Passed by the House 2016-03-02)

A BILL FOR

An Act relating to member attendance and confidentiality at a closed session of a governmental body and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 21.5, Code 2016, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  A governmental body shall not exclude a member of the governmental body from attending a closed session, unless the member’s attendance at the closed session creates a conflict of interest for the member due to the specific reason announced as justification for holding the closed session.
   NEW SUBSECTION.  3B.  A member of a governmental body shall keep confidential all information relating to all discussions and action occurring at a closed session which relate to the specific reason announced as justification for the closed session.
    Sec. 2.  Section 21.6, subsection 1, Code 2016, is amended to read as follows:
   1.  The remedies provided by this section against state governmental bodies and members of governmental bodies shall be in addition to those provided by section 17A.19. Any aggrieved person, taxpayer to, or citizen of, the state of Iowa, or the attorney general or county attorney, may seek judicial enforcement of the requirements of this chapter. Suits to enforce this chapter shall be brought in the district court for the county in which the governmental body has its principal place of business.
    Sec. 3.  Section 21.6, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  In addition to any other penalties provided for in this chapter, upon a finding by a preponderance of the evidence that a member of a governmental body has violated section 21.5, subsection 3B, a court shall assess the member damages in the amount of not more than one thousand dollars.