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House File 715 - 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 and budgetary 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 any measure, including a motion,
18resolution, amendment, or ordinance, by a political subdivision
19of thisstate, one or more boards, councils, commissions, or
20other governing bodies subject to paragraph “a” or “b”, by a
21mayor, or by a superintendent of schools if the school board of
22a school district has expressly authorized the superintendent
23to act on behalf of the school district, to develop and make
24recommendations on public policy and budgetary issues to the
25board, council, commission, or other governing body.
26j. An advisory board, advisory commission, advisory
27committee, task force, or other body formally and directly
28 created by an entity organized under chapter 28E, or by
29the administrator or joint board specified in a chapter 28E
30agreement, to develop and make recommendations on public policy
31and budgetary issues to the entity or joint board.
32 Sec. 2. Section 21.2, subsection 2, Code 2019, is amended
33to read as follows:
342. “Meeting” means a gathering in person or by electronic
35means, formal or informal, of a majority of the members of
-1-1a governmental body where there is deliberation or action
2upon any matter within the scope of the governmental body’s
3policy-making or budgetary duties. Meetings shall not include
4a gathering of members of a governmental body for purely
5ministerial or social purposes when there is no discussion of
6policy or budgetary duties or no intent to avoid the purposes
7of this chapter.
8 Sec. 3. Section 21.4, subsection 1, paragraph a, Code 2019,
9is amended to read as follows:
10a. Except as provided in subsection 3, a governmental body
11shall give notice of the time, date, and place of each meeting
12including a reconvened meeting of the governmental body, and
13the tentative agenda of the meeting, in a manner reasonably
14calculated to apprise the public of that information.
15Reasonable notice shall include advising the news media
16 any person who have has filed a request for notice with the
17governmental body and posting the notice on a bulletin board or
18other prominent place which is easily accessible to the public
19and clearly designated for that purpose at the principal office
20of the body holding the meeting, or if no such office exists,
21at the building in which the meeting is to be held.
22 Sec. 4. Section 21.4, subsection 2, paragraph a, Code 2019,
23is amended to read as follows:
24a. Except as otherwise provided in paragraph “c”, notice
25conforming with all of the requirements of subsection 1 shall
26be given at least twenty-four hours prior to the commencement
27of any meeting of a governmental body, excluding weekend days
28and paid holidays as specified in section 1C.2, unless for good
29cause such notice is impossible or impractical, in which case
30as much notice as is reasonably possible shall be given.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the regulation of a governmental body
35and public notice requirements under the open meetings law
-2-1(Code chapter 21).
2The bill amends the definition of governmental body under
3the open meetings law to specify that only advisory boards,
4advisory commissions, advisory committees, task forces, or
5any other body that are formally and directly created by a
6political subdivision of this state, specified governmental
7bodies, by a mayor, or by a superintendent of schools if the
8school board of a school district has expressly authorized the
9superintendent to act on behalf of the school district, are
10considered governmental bodies subject to the open meetings
11law.
12The bill amends the definition of a meeting that is subject
13to the requirements of the open meetings law by expanding the
14definition to include any deliberations or actions (including
15recommendations) taken by a governmental body as defined in
16the open meetings law, that are within a governmental body’s
17budgetary duties.
18The bill provides that reasonable notice of a meeting shall
19include providing notice to any person, and not just the news
20media, if the person has filed a request for notice.
21The bill also excludes weekend days and paid holidays as
22specified in Code section 1C.2 when determining the 24-hour
23time period for purposes of public notice under the open
24meetings 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 and budgetary 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 any measure, including a motion,
18resolution, amendment, or ordinance, by a political subdivision
19of thisstate, one or more boards, councils, commissions, or
20other governing bodies subject to paragraph “a” or “b”, by a
21mayor, or by a superintendent of schools if the school board of
22a school district has expressly authorized the superintendent
23to act on behalf of the school district, to develop and make
24recommendations on public policy and budgetary issues to the
25board, council, commission, or other governing body.
26j. An advisory board, advisory commission, advisory
27committee, task force, or other body formally and directly
28 created by an entity organized under chapter 28E, or by
29the administrator or joint board specified in a chapter 28E
30agreement, to develop and make recommendations on public policy
31and budgetary issues to the entity or joint board.
32 Sec. 2. Section 21.2, subsection 2, Code 2019, is amended
33to read as follows:
342. “Meeting” means a gathering in person or by electronic
35means, formal or informal, of a majority of the members of
-1-1a governmental body where there is deliberation or action
2upon any matter within the scope of the governmental body’s
3policy-making or budgetary duties. Meetings shall not include
4a gathering of members of a governmental body for purely
5ministerial or social purposes when there is no discussion of
6policy or budgetary duties or no intent to avoid the purposes
7of this chapter.
8 Sec. 3. Section 21.4, subsection 1, paragraph a, Code 2019,
9is amended to read as follows:
10a. Except as provided in subsection 3, a governmental body
11shall give notice of the time, date, and place of each meeting
12including a reconvened meeting of the governmental body, and
13the tentative agenda of the meeting, in a manner reasonably
14calculated to apprise the public of that information.
15Reasonable notice shall include advising the news media
16 any person who have has filed a request for notice with the
17governmental body and posting the notice on a bulletin board or
18other prominent place which is easily accessible to the public
19and clearly designated for that purpose at the principal office
20of the body holding the meeting, or if no such office exists,
21at the building in which the meeting is to be held.
22 Sec. 4. Section 21.4, subsection 2, paragraph a, Code 2019,
23is amended to read as follows:
24a. Except as otherwise provided in paragraph “c”, notice
25conforming with all of the requirements of subsection 1 shall
26be given at least twenty-four hours prior to the commencement
27of any meeting of a governmental body, excluding weekend days
28and paid holidays as specified in section 1C.2, unless for good
29cause such notice is impossible or impractical, in which case
30as much notice as is reasonably possible shall be given.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the regulation of a governmental body
35and public notice requirements under the open meetings law
-2-1(Code chapter 21).
2The bill amends the definition of governmental body under
3the open meetings law to specify that only advisory boards,
4advisory commissions, advisory committees, task forces, or
5any other body that are formally and directly created by a
6political subdivision of this state, specified governmental
7bodies, by a mayor, or by a superintendent of schools if the
8school board of a school district has expressly authorized the
9superintendent to act on behalf of the school district, are
10considered governmental bodies subject to the open meetings
11law.
12The bill amends the definition of a meeting that is subject
13to the requirements of the open meetings law by expanding the
14definition to include any deliberations or actions (including
15recommendations) taken by a governmental body as defined in
16the open meetings law, that are within a governmental body’s
17budgetary duties.
18The bill provides that reasonable notice of a meeting shall
19include providing notice to any person, and not just the news
20media, if the person has filed a request for notice.
21The bill also excludes weekend days and paid holidays as
22specified in Code section 1C.2 when determining the 24-hour
23time period for purposes of public notice under the open
24meetings law.
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