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S1369......................................................by STATE AFFAIRS
PUBLIC MEETINGS - Amends existing law to provide for the use by governing
bodies of telecommunications devices; and to ensure public access to public
meetings.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Cameron
Floor Sponsor - Richardson
Title apvd - to House
02/14 House intro - 1st rdg - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 69-0-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Smith(23)
Floor Sponsor - Loertscher
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/26 Governor signed
Session Law Chapter 290
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1369
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO OPEN PUBLIC MEETINGS; AMENDING SECTION 67-2342, IDAHO CODE, TO
3 PROVIDE FOR THE USE BY GOVERNING BODIES OF TELECOMMUNICATIONS DEVICES AND
4 TO ENSURE PUBLIC ACCESS TO PUBLIC MEETINGS CONDUCTED USING SUCH 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 shall be
36 physically present at the location designated in the meeting notice, as
37 required under section 67-2343, Idaho Code, to ensure that the public may
38 attend such meeting in person. The communications among members of a governing
39 body must be audible to the public attending the meeting in person and the
40 members of the governing body.
STATEMENT OF PURPOSE
11865C1
The legislation is intended to ensure public access to public
meetings conducted via telephone or video conferencing technology.
It establishes that members of governing bodies may use
telecommunications equipment for public meetings, but only if at
least one member of the governing body is present in person at the
meeting site, and so long as the use of telecommunications equipment
does not prevent public access and participation in such meetings.
FISCAL IMPACT
This legislation will have no impact on the general fund.
Contact
Neil P. Moss, Idaho Health Facilities Authority
342-8772
Patrick V. Collins, Hawley Troxell Ennis & Hawley LLP
344-6000
S 1369