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House File 2539 - EnrolledAn Actrelating to penalties associated with open meetings
violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 21.2, subsection 2, Code 2024, is amended
to read as follows:
2. “Meeting” means a gathering in person or by electronic
means, formal or informal, of a majority of the members of
a governmental body where there is deliberation or action
upon any matter within the scope of the governmental body’s
policy-making duties. Meetings shall “Meeting” does not include
a gathering of members of a governmental body for purely
ministerial or social purposes when there is no discussion of
policy or no intent to avoid the purposes of this chapter, or
a gathering including members of a local governmental body
that is hosted or organized by a political party, political
candidate, or civic organization.
Sec. 2. Section 21.6, subsection 3, paragraphs a and d, Code
2024, are amended to read as follows:
a. Shall assess each member of the governmental body who
participated in its violation damages in the amount of not more
than two thousand five hundred dollars and not less than one
five hundred dollars. However, if a member of a governmental
body knowingly participated in such a violation, damages
shall be in the amount of not more than two twelve thousand
five hundred dollars and not less than one five thousand
dollars. These damages shall be paid by the court imposing
it to the state of Iowa, if the body in question is a state
governmental body, or to the local government involved if the
body in question is a local governmental body. A member of a
governmental body found to have violated this chapter shall not
be assessed such damages if that member proves that the member
did any of the following:
(1) Voted against the closed session.
(2) Had good reason to believe and in good faith believed
facts which, if true, would have indicated compliance with all
the requirements of this chapter.
(3) Reasonably relied upon a decision of a court, a formal
opinion of the Iowa public information board, the attorney
-1-general, or the attorney for the governmental body, given in
writing, or as memorialized in the minutes of the meeting at
which a formal oral opinion was given, or an advisory opinion
of the Iowa public information board, the attorney general, or
the attorney for the governmental body, given in writing.
d. Shall issue an order removing a member of a governmental
body from office if that member has engaged in a prior
violation of this chapter for which damages were assessed
against the member during the member’s term.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2539, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2024______________________________
KIM REYNOLDSGovernorcm/ns/md
violations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 21.2, subsection 2, Code 2024, is amended
to read as follows:
2. “Meeting” means a gathering in person or by electronic
means, formal or informal, of a majority of the members of
a governmental body where there is deliberation or action
upon any matter within the scope of the governmental body’s
policy-making duties. Meetings shall “Meeting” does not include
a gathering of members of a governmental body for purely
ministerial or social purposes when there is no discussion of
policy or no intent to avoid the purposes of this chapter, or
a gathering including members of a local governmental body
that is hosted or organized by a political party, political
candidate, or civic organization.
Sec. 2. Section 21.6, subsection 3, paragraphs a and d, Code
2024, are amended to read as follows:
a. Shall assess each member of the governmental body who
participated in its violation damages in the amount of not more
than two thousand five hundred dollars and not less than one
five hundred dollars. However, if a member of a governmental
body knowingly participated in such a violation, damages
shall be in the amount of not more than two twelve thousand
five hundred dollars and not less than one five thousand
dollars. These damages shall be paid by the court imposing
it to the state of Iowa, if the body in question is a state
governmental body, or to the local government involved if the
body in question is a local governmental body. A member of a
governmental body found to have violated this chapter shall not
be assessed such damages if that member proves that the member
did any of the following:
(1) Voted against the closed session.
(2) Had good reason to believe and in good faith believed
facts which, if true, would have indicated compliance with all
the requirements of this chapter.
(3) Reasonably relied upon a decision of a court, a formal
opinion of the Iowa public information board, the attorney
-1-general, or the attorney for the governmental body, given in
writing, or as memorialized in the minutes of the meeting at
which a formal oral opinion was given, or an advisory opinion
of the Iowa public information board, the attorney general, or
the attorney for the governmental body, given in writing.
d. Shall issue an order removing a member of a governmental
body from office if that member has engaged in a prior
violation of this chapter for which damages were assessed
against the member during the member’s term.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 2539, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2024______________________________
KIM REYNOLDSGovernorcm/ns/md