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House Study Bill 160 - IntroducedA Bill ForAn Act 1relating to governmental bodies and advisory bodies and
2public notice requirements under the open meetings law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.2, subsection 1, paragraphs a, c, e,
2h, and j, Code 2019, are amended to read as follows:
3a. A board, council, commission, or other governing body
4expressly created by the statutes of this state or by executive
5order of the governor.
6c. A multimembered body formally and directly created by
7one or more boards, councils, commissions, or other governing
8bodies subject to paragraphs paragraph “a” and or “b” of this
9subsection.
10e. An advisory board, advisory commission, advisory
11committee, or task force formally and directly created by
12the governor or the general assembly to develop and make
13recommendations on public policy issues.
14h. An advisory board, advisory commission, advisory
15committee, task force, or other body formally and directly
16 created by statute or executive order of this state or created
17by an executive order of a political subdivision of this
18state one or more boards, councils, commissions, or other
19governing bodies subject to paragraph “a” or “b”, by a mayor,
20or by a superintendent of schools if the school board of a
21school district has expressly authorized the superintendent
22to act on behalf of the school district, to develop and make
23recommendations on public policy issues to the board, council,
24commission, or other governing body.
25j. An advisory board, advisory commission, advisory
26committee, task force, or other body formally and directly
27 created by an entity organized under chapter 28E, or by
28the administrator or joint board specified in a chapter 28E
29agreement, to develop and make recommendations on public policy
30issues to the entity or joint board.
31 Sec. 2. Section 21.2, subsection 2, Code 2019, is amended
32to read as follows:
332. “Meeting” means a gathering in person or by electronic
34means, formal or informal, of a majority of the members of
35a governmental body where there is deliberation or action
-1-1upon any matter within the scope of the governmental body’s
2policy-making duties. Meetings shall not include a gathering
3of members of a governmental body for purely ministerial or
4social purposes when there is no discussion of policy duties or
5no intent to avoid the purposes of this chapter.
6 Sec. 3. Section 21.4, subsection 1, paragraph a, Code 2019,
7is amended to read as follows:
8a. Except as provided in subsection 3, a governmental body
9shall give notice of the time, date, and place of each meeting
10including a reconvened meeting of the governmental body, and
11the tentative agenda of the meeting, in a manner reasonably
12calculated to apprise the public of that information.
13Reasonable notice shall include advising the news media
14 any person who have has filed a request for notice with the
15governmental body and posting the notice on a bulletin board or
16other prominent place which is easily accessible to the public
17and clearly designated for that purpose at the principal office
18of the body holding the meeting, or if no such office exists,
19at the building in which the meeting is to be held.
20 Sec. 4. Section 21.4, subsection 2, paragraph a, Code 2019,
21is amended to read as follows:
22a. Except as otherwise provided in paragraph “c”, notice
23conforming with all of the requirements of subsection 1 shall
24be given at least twenty-four hours prior to the commencement
25of any meeting of a governmental body, excluding weekend days
26and paid holidays as specified in section 1C.2, unless for good
27cause such notice is impossible or impractical, in which case
28as much notice as is reasonably possible shall be given.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to the regulation of a governmental body
33and public notice requirements under the open meetings law
34(Code chapter 21).
35The bill amends the definition of governmental body under
-2-1the open meetings law to specify that only advisory boards,
2advisory commissions, advisory committees, task forces, or any
3other body that are formally and directly created by specified
4governmental bodies, by a mayor, or by a superintendent of
5schools if the school board of a school district has expressly
6authorized the superintendent to act on behalf of the school
7district, are considered governmental bodies subject to the
8open meetings law.
9The bill amends the definition of a meeting that is subject
10to the requirements of the open meetings law to exclude
11references to only policymaking actions, expanding the
12definition to include any deliberations or actions (including
13recommendations) taken by a governmental body as defined in
14the open meetings law, that are within a governmental body’s
15duties.
16The bill provides that reasonable notice of a meeting shall
17include providing notice to any person, and not just the news
18media, if the person has filed a request for notice.
19The bill also excludes weekend days and paid holidays as
20specified in Code section 1C.2 when determining the 24-hour
21time period for purposes of public notice under the open
22meetings law.
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2public notice requirements under the open meetings law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.2, subsection 1, paragraphs a, c, e,
2h, and j, Code 2019, are amended to read as follows:
3a. A board, council, commission, or other governing body
4expressly created by the statutes of this state or by executive
5order of the governor.
6c. A multimembered body formally and directly created by
7one or more boards, councils, commissions, or other governing
8bodies subject to paragraphs paragraph “a” and or “b” of this
9subsection.
10e. An advisory board, advisory commission, advisory
11committee, or task force formally and directly created by
12the governor or the general assembly to develop and make
13recommendations on public policy issues.
14h. An advisory board, advisory commission, advisory
15committee, task force, or other body formally and directly
16 created by statute or executive order of this state or created
17by an executive order of a political subdivision of this
18state one or more boards, councils, commissions, or other
19governing bodies subject to paragraph “a” or “b”, by a mayor,
20or by a superintendent of schools if the school board of a
21school district has expressly authorized the superintendent
22to act on behalf of the school district, to develop and make
23recommendations on public policy issues to the board, council,
24commission, or other governing body.
25j. An advisory board, advisory commission, advisory
26committee, task force, or other body formally and directly
27 created by an entity organized under chapter 28E, or by
28the administrator or joint board specified in a chapter 28E
29agreement, to develop and make recommendations on public policy
30issues to the entity or joint board.
31 Sec. 2. Section 21.2, subsection 2, Code 2019, is amended
32to read as follows:
332. “Meeting” means a gathering in person or by electronic
34means, formal or informal, of a majority of the members of
35a governmental body where there is deliberation or action
-1-1upon any matter within the scope of the governmental body’s
2policy-making duties. Meetings shall not include a gathering
3of members of a governmental body for purely ministerial or
4social purposes when there is no discussion of policy duties or
5no intent to avoid the purposes of this chapter.
6 Sec. 3. Section 21.4, subsection 1, paragraph a, Code 2019,
7is amended to read as follows:
8a. Except as provided in subsection 3, a governmental body
9shall give notice of the time, date, and place of each meeting
10including a reconvened meeting of the governmental body, and
11the tentative agenda of the meeting, in a manner reasonably
12calculated to apprise the public of that information.
13Reasonable notice shall include advising the news media
14 any person who have has filed a request for notice with the
15governmental body and posting the notice on a bulletin board or
16other prominent place which is easily accessible to the public
17and clearly designated for that purpose at the principal office
18of the body holding the meeting, or if no such office exists,
19at the building in which the meeting is to be held.
20 Sec. 4. Section 21.4, subsection 2, paragraph a, Code 2019,
21is amended to read as follows:
22a. Except as otherwise provided in paragraph “c”, notice
23conforming with all of the requirements of subsection 1 shall
24be given at least twenty-four hours prior to the commencement
25of any meeting of a governmental body, excluding weekend days
26and paid holidays as specified in section 1C.2, unless for good
27cause such notice is impossible or impractical, in which case
28as much notice as is reasonably possible shall be given.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to the regulation of a governmental body
33and public notice requirements under the open meetings law
34(Code chapter 21).
35The bill amends the definition of governmental body under
-2-1the open meetings law to specify that only advisory boards,
2advisory commissions, advisory committees, task forces, or any
3other body that are formally and directly created by specified
4governmental bodies, by a mayor, or by a superintendent of
5schools if the school board of a school district has expressly
6authorized the superintendent to act on behalf of the school
7district, are considered governmental bodies subject to the
8open meetings law.
9The bill amends the definition of a meeting that is subject
10to the requirements of the open meetings law to exclude
11references to only policymaking actions, expanding the
12definition to include any deliberations or actions (including
13recommendations) taken by a governmental body as defined in
14the open meetings law, that are within a governmental body’s
15duties.
16The bill provides that reasonable notice of a meeting shall
17include providing notice to any person, and not just the news
18media, if the person has filed a request for notice.
19The bill also excludes weekend days and paid holidays as
20specified in Code section 1C.2 when determining the 24-hour
21time period for purposes of public notice under the open
22meetings law.
-3-ec/rh