HOUSE BILL NO. 534

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Bill Status



H0534......................................................by STATE AFFAIRS
PUBLIC MEETINGS - Amends existing law relating to open public meetings to
revise requirements relating to meetings conducted using telecommunications
devices.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to St Aff
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Schaefer
    Floor Sponsor - Langhorst
    Title apvd - to Senate
02/03    Senate intro - 1st rdg - to St Aff
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt
    Floor Sponsor - Calabretta
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 101
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 534
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  OPEN  PUBLIC  MEETINGS  OF  GOVERNING  BODIES;  AMENDING  SECTION
  3        67-2342, IDAHO CODE, TO REVISE REQUIREMENTS RELATING TO MEETINGS CONDUCTED
  4        USING TELECOMMUNICATIONS DEVICES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 67-2342, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        67-2342.  GOVERNING BODIES -- REQUIREMENT FOR OPEN  PUBLIC  MEETINGS.  (1)
  9    Except  as provided below, all meetings of a governing body of a public agency
 10    shall be open to the public and all persons shall be permitted to  attend  any
 11    meeting  except as otherwise provided by this act. No decision at a meeting of
 12    a governing body of a public agency shall be made by secret ballot.
 13        (2)  Deliberations of the board of tax  appeals  created  in  chapter  38,
 14    title  63, Idaho Code, the public utilities commission and the industrial com-
 15    mission in a fully submitted adjudicatory proceeding in which hearings, if any
 16    are required, have been completed, and in which the legal  rights,  duties  or
 17    privileges  of  a  party  are to be determined are not required by this act to
 18    take place in a meeting open to the public. Such deliberations  may,  however,
 19    be made and/or conducted in a public meeting at the discretion of the agency.
 20        (3)  Meetings  of the Idaho life and health insurance guaranty association
 21    established under chapter 43, title 41, Idaho Code, the Idaho insurance  guar-
 22    anty  association  established under chapter 36, title 41, Idaho Code, and the
 23    surplus line association approved by the director of the Idaho  department  of
 24    insurance  as  authorized  under  chapter  12,  title  41, Idaho Code, are not
 25    required by this act to take place in a meeting open to the public.
 26        (4)  A governing body shall not hold a meeting at any place where discrim-
 27    ination on the basis of race, creed, color, sex, age  or  national  origin  is
 28    practiced.
 29        (5)  All  meetings may be conducted using telecommunications devices which
 30    enable all members of a governing body participating in the meeting to  commu-
 31    nicate  with  each  other.  Such  devices may include, but are not limited to,
 32    telephone or video conferencing devices and similar communications  equipment.
 33    Participation  by  a  member  of the governing body through telecommunications
 34    devices shall constitute presence in person by such  member  at  the  meeting;
 35    provided  however,  that at least one (1) member of the governing body, or the
 36    director of the public agency, or the chief administrative officer of the pub-
 37    lic agency shall be physically present at the location designated in the meet-
 38    ing notice, as required under section 67-2343, Idaho Code, to ensure that  the
 39    public  may attend such meeting in person. The communications among members of
 40    a governing body must be audible to the public attending the meeting in person
 41    and the members of the governing body.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13493
To expand the options as to the individual who must be present in
person at the location designated in the meeting notice, to better
serve the intended purpose of ensuring that the public may attend
the meeting.






                         FISCAL  IMPACT
None.







CONTACT   
Name:     Leslie R. Goddard
Agency:   Human Rights Commission
Phone:    334-2873

Statement of Purpose/Fiscal Impact                    H 534