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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
]]]] 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
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