Bills › HF 2539 › What changed
What changed in HF 2539
The bill as introduced, compared with the version both chambers passed (90th General Assembly).
1 passage reworded, 3 added and 15 removed; 5 of 24 unchanged.
Removed AddedIntroduced textText as passedAmendments
Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.
Section 1. Section 21.6, 21.2, subsection 3, paragraphs a and d, 2, Code 2024, are 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:
3 unchanged passages
(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 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.
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2.
NEW SECTION. 21.12 Member education course required.
1. An elected or appointed public official who is a member of a governmental body shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and the governmental body’s members under chapters 21 and 22 not later than the ninetieth day after the date the member does one of the following, as applicable:
a. Takes the oath of office.
b. Assumes responsibilities, if the member is not required to take an oath of office.
c. Reelected or reappointed to the position.
2. The Iowa public information board shall ensure that the training is made available. The Iowa public information board may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. The Iowa public information board shall ensure that at least one course of training approved or provided by the Iowa public information board is available at no cost.
3. The Iowa public information board or other entity providing the training shall provide a certificate of course completion to persons who complete the training required by this section. A governmental body shall maintain and make available for public inspection the record of the governmental body’s members’ completion of the training.
a. Completing the required training as a member of the governmental body satisfies the requirements of this section with regard to the member’s service on a committee or subcommittee of the governmental body and the member’s service on any other governmental body.
b. The training required by this section may be used to satisfy any corresponding training requirements concerning chapters 21 and 22 as required by law for the members of a governmental body.
4. If one or more members of a governmental body fail to complete the training required by this section, the failure does not affect the validity of an action taken by the governmental body. However, the member must complete training within sixty days or may be fined pursuant to section 21.6, subsection 3.
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3. Section 23.10, subsection 3, paragraph b, subparagraph (1), Code 2024, is amended to read as follows:
(1) Require the respondent to pay damages as provided for in section 21.6, 21.12, or 22.10, whichever is applicable, to the extent that provision would make such damages payable if the complainant had sought to enforce a violation in court instead of through the board.