Bill Text: IA SF384 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to governmental bodies and advisory bodies and public notice requirements under the open meetings law. (Formerly SSB 1073.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-03-17 - Subcommittee, Bacon, Berry, and Branhagen. H.J. 634. [SF384 Detail]
Download: Iowa-2015-SF384-Introduced.html
Senate File 384 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1073) A BILL FOR 1 An Act relating to governmental bodies and advisory bodies and 2 public notice requirements under the open meetings law. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1041SV (2) 86 rh/rj PAG LIN 1 1 Section 1. Section 21.2, subsection 1, paragraphs a, c, e, 1 2 h, and j, Code 2015, are amended to read as follows: 1 3 a. A board, council, commission, or other governing body 1 4 expressly created by the statutes of this state or by executive 1 5 order of the governor. 1 6 c. A multimembered body formally and directly created by 1 7 one or more boards, councils, commissions, or other governing 1 8 bodies subject toparagraphsparagraph "a"andor "b"of this 1 9 subsection. 1 10 e. An advisory board, advisory commission, advisory 1 11 committee, or task force formally and directly created by 1 12 the governor or the general assembly to develop and make 1 13 recommendationson public policy issuesto the governor or the 1 14 general assembly. 1 15 h. An advisory board, advisory commission, advisory 1 16 committee, task force, or other body formally and directly 1 17 created bystatute or executive order of this state or created 1 18 by an executive order of a political subdivision of this 1 19 stateone or more boards, councils, commissions, or other 1 20 governing bodies subject to paragraph "a" or "b" or by a 1 21 mayor or superintendent of schools, if the school board of a 1 22 school district has expressly authorized the superintendent 1 23 to act on behalf of the school district, to develop and make 1 24 recommendationson public policy issuesto the board, council, 1 25 commission, or other governing body. For purposes of this 1 26 paragraph, "governmental body" does not include an advisory 1 27 board, advisory commission, advisory committee, task force, or 1 28 other body formally or directly created by a public hospital 1 29 licensed pursuant to chapter 135B. 1 30 j. An advisory board, advisory commission, advisory 1 31 committee, task force, or other body created by an entity 1 32 organized under chapter 28E, or by the administrator or joint 1 33 board specified in a chapter 28E agreement, to develop and make 1 34 recommendationson public policy issuesto the entity or joint 1 35 board. 2 1 Sec. 2. Section 21.2, subsection 2, Code 2015, is amended 2 2 to read as follows: 2 3 2. "Meeting" means a gathering in person or by electronic 2 4 means, formal or informal, of a majority of the members of 2 5 a governmental body where there is deliberation or action 2 6 upon any matter within the scope of the governmental body's 2 7policy=makingduties. Meetings shall not include a gathering 2 8 of members of a governmental body for purely ministerial or 2 9 social purposes when there is no discussion ofpolicyduties or 2 10 no intent to avoid the purposes of this chapter. 2 11 Sec. 3. Section 21.4, subsection 2, paragraph a, Code 2015, 2 12 is amended to read as follows: 2 13 a. Notice conforming with all of the requirements 2 14 of subsection 1of this sectionshall be given at least 2 15 twenty=four hours, exclusive of Saturdays, Sundays, and any 2 16 holiday when state or federal offices are closed, prior to the 2 17 commencement of any meeting of a governmental body unless for 2 18 good cause such notice is impossible or impractical, in which 2 19 case as much notice as is reasonably possible shall be given. 2 20 Each meeting shall be held at a place reasonably accessible to 2 21 the public, and at a time reasonably convenient to the public, 2 22 unless for good cause such a place or time is impossible or 2 23 impractical. Special access to the meeting may be granted to 2 24 persons with disabilities. 2 25 EXPLANATION 2 26 The inclusion of this explanation does not constitute agreement with 2 27 the explanation's substance by the members of the general assembly. 2 28 This bill relates to the regulation of a governmental body 2 29 and public notice requirements under the open meetings law 2 30 (Code chapter 21). 2 31 The bill amends the definition of governmental body under 2 32 the open meetings law to specify that only advisory boards, 2 33 advisory commissions, advisory committees, task forces, or any 2 34 other body that are formally and directly created by specified 2 35 governmental bodies or a mayor or superintendent of schools, if 3 1 the school board of a school district has expressly authorized 3 2 the superintendent to act on behalf of the school district, are 3 3 considered governmental bodies subject to the open meetings 3 4 law. 3 5 The bill excludes from the definition of a governmental body 3 6 an advisory board, advisory commission, advisory committee, 3 7 task force, or other body formally or directly created by a 3 8 public hospital licensed pursuant to Code chapter 135B. 3 9 The bill amends the definition of a meeting that is subject 3 10 to the requirements of the open meetings law to exclude 3 11 references to only policymaking actions, expanding the 3 12 definition to include any deliberations or actions (including 3 13 recommendations) taken by a governmental body as defined in the 3 14 open meetings law that are within a governmental body's duties. 3 15 The bill excludes weekend days and state and federal 3 16 holidays when state or federal office are closed when 3 17 determining the 24=hour time period for purposes of public 3 18 notice under the open meetings law. LSB 1041SV (2) 86 rh/rj
