House File 706 - Reprinted HOUSE FILE 706 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 416) (As Amended and Passed by the House March 24, 2025 ) A BILL FOR An Act relating to open meetings and open records, providing 1 penalties, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 706 (2) 91 cm/ns/md

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- HF 706 (2) 91 cm/ns/md 1/ 3

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 c. Is elected to the office. 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 this 29 chapter and chapter 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- HF 706 (2) 91 cm/ns/md 2/ 3

H.F. 706 within sixty days or may be assessed damages as described in 1 section 21.6, subsection 3. 2 5. This section does not apply to a member of a governmental 3 body if the member or governmental body is excluded from the 4 jurisdiction of the Iowa public information board under section 5 23.12. 6 Sec. 3. Section 23.6, subsection 8, Code 2025, is amended 7 to read as follows: 8 8. After appropriate board proceedings, issue orders 9 with the force of law, determining whether there has been 10 a violation of chapter 21 or 22 , requiring compliance with 11 specified provisions of those chapters, imposing civil 12 penalties equivalent to and to the same extent as those 13 provided for in section 21.6 , 21.12, or 22.10 , as applicable, 14 on a respondent who has been found in violation of chapter 21 15 or 22 , and imposing any other appropriate remedies calculated 16 to declare, terminate, or remediate any violation of those 17 chapters. 18 Sec. 4. Section 23.10, subsection 3, paragraph b, 19 subparagraph (1), Code 2025, is amended to read as follows: 20 (1) Require the respondent to pay damages as provided for in 21 section 21.6 , 21.12, or 22.10 , whichever is applicable, to the 22 extent that provision would make such damages payable if the 23 complainant had sought to enforce a violation in court instead 24 of through the board. 25 -3- HF 706 (2) 91 cm/ns/md 3/ 3