Print Friendly SENATE BILL NO. 1287 – Open meeting law violation, fines
SENATE BILL NO. 1287
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OPEN MEETING LAW - Amends existing law to further define the term
"governing body" for open meeting law purposes; and to increase the maximum
fines for violation of the open meeting law.
01/20 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1287
1 AN ACT
2 RELATING TO THE OPEN MEETING LAW; AMENDING SECTION 67-2341, IDAHO CODE, TO
3 FURTHER DEFINE THE TERM "GOVERNING BODY"; AND AMENDING SECTION 67-2347,
4 IDAHO CODE, TO INCREASE THE MAXIMUM FINES FOR VIOLATION OF THE OPEN MEET-
5 ING LAW AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-2341, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-2341. OPEN PUBLIC MEETINGS -- DEFINITIONS. As used in this act:
10 (1) "Decision" means any determination, action, vote or final disposition
11 upon a motion, proposal, resolution, order, ordinance or measure on which a
12 vote of a governing body is required, at any meeting at which a quorum is
13 present, but shall not include those ministerial or administrative actions
14 necessary to carry out a decision previously adopted in a meeting held in com-
15 pliance with sections 67-2342 through 67-2346, Idaho Code.
16 (2) "Deliberation" means the receipt or exchange of information or opin-
17 ion relating to a decision, but shall not include informal or impromptu dis-
18 cussions of a general nature which do not specifically relate to a matter then
19 pending before the public agency for decision.
20 (3) "Executive session" means any meeting or part of a meeting of a gov-
21 erning body which is closed to any persons for deliberation on certain mat-
23 (4) "Public agency" means:
24 (a) any state board, commission, department, authority, educational
25 institution or other state agency which is created by or pursuant to stat-
26 ute, other than courts and their agencies and divisions, and the judicial
27 council, and the district magistrates commission;
28 (b) any regional board, commission, department or authority created by or
29 pursuant to statute;
30 (c) any county, city, school district, special district, or other munici-
31 pal corporation or political subdivision of the state of Idaho;
32 (d) any subagency of a public agency which is created by or pursuant to
33 statute, ordinance, or other legislative act.
34 (5) "Governing body" means the members of any public agency which con-
35 sists of two (2) or more members, with the authority to make decisions for or
36 recommendations to a public agency regarding any matter. The term "governing
37 body" shall include any members of a public agency regardless of whether those
38 members receive funding from the public agency as long as the members are act-
39 ing on behalf of the public agency.
40 (6) "Meeting" means the convening of a governing body of a public agency
41 to make a decision or to deliberate toward a decision on any matter.
42 (a) "regular meeting" means the convening of a governing body of a public
43 agency on the date fixed by law or rule, to conduct the business of the
2 (b) "special meeting" is a convening of the governing body of a public
3 agency pursuant to a special call for the conduct of business as specified
4 in the call.
5 SECTION 2. That Section 67-2347, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-2347. VIOLATIONS. (1) If an action, or any deliberation or decision-
8 making decision making that leads to an action, occurs at any meeting which
9 fails to comply with the provisions of sections 67-2340 through 67-2346, Idaho
10 Code, such action shall be null and void.
11 (2) Any member of the governing body governed by the provisions of sec-
12 tions 67-2340 through 67-2346, Idaho Code, who knowingly conducts or partici-
13 pates in a meeting which violates the provisions of this act shall be subject
14 to a fine not to exceed one five hundred fifty dollars ($ 1500) for a first
15 violation and not to exceed three hundred one thousand dollars ($ 31,000) for
16 each subsequent violation as a civil penalty.
17 (3) The attorney general shall have the duty to enforce this act in rela-
18 tion to public agencies of state government, and the prosecuting attorneys of
19 the various counties shall have the duty to enforce this act in relation to
20 local public agencies within their respective jurisdictions. In the event that
21 there is reason to believe that a violation of the provisions of this act has
22 been committed by members of a board of county commissioners or, for any other
23 reason a county prosecuting attorney is deemed disqualified from proceeding to
24 enforce this act, the prosecuting attorney or board of county commissioners
25 shall seek to have a special prosecutor appointed for that purpose as provided
26 in section 31-2603, Idaho Code.
27 (4) Any person affected by a violation of the provisions of this act may
28 commence a civil action in the magistrate division of the district court of
29 the county in which the public agency ordinarily meets, for the purpose of
30 requiring compliance with provisions of this act. No private action brought
31 pursuant to this subsection shall result in the assessment of a civil penalty
32 against any member of a public agency and there shall be no private right of
33 action for damages arising out of any violation of the provisions of sections
34 67-2342 through 67-2346, Idaho Code. Any suit brought for the purpose of hav-
35 ing an action declared or determined to be null and void pursuant to subsec-
36 tion (1) of this section shall be commenced within thirty (30) days of the
37 time of the violation or alleged violation of the provisions of this act. Any
38 other suit brought under the provisions of this section shall be commenced
39 within one hundred eighty (180) days of the time of the violation or alleged
40 violation of the provisions of this act.
STATEMENT OF PURPOSE
This bill pertains to the open meeting law and defines the term
"governing body". It would also increase the maximum fines for
There is no fiscal impact.
Name: Roger Falen
STATEMENT OF PURPOSE/FISCAL NOTE S 1287