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S1299..........................................................by SCHROEDER OPEN MEETINGS - Amends existing law relating to open meetings to further define the term "governing body"; and to increase the maximum fines for violation of the Open Meeting Law. 01/18 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1299 BY SCHROEDER 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 TO MAKE TECHNICAL CORREC- 4 TIONS; AND AMENDING SECTION 67-2347, IDAHO CODE, TO INCREASE THE MAXIMUM 5 FINES FOR VIOLATION OF THE OPEN MEETING LAW AND TO MAKE TECHNICAL CORREC- 6 TIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-2341, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-2341. OPEN PUBLIC MEETINGS -- DEFINITIONS. As used in this act: 11 (1) "Decision" means any determination, action, vote or final disposition 12 upon a motion, proposal, resolution, order, ordinance or measure on which a 13 vote of a governing body is required, at any meeting at which a quorum is 14 present, but shall not include those ministerial or administrative actions 15 necessary to carry out a decision previously adopted in a meeting held in com- 16 pliance with sections 67-2342 through 67-2346, Idaho Code. 17 (2) "Deliberation" means the receipt or exchange of information or opin- 18 ion relating to a decision, but shall not include informal or impromptu dis- 19 cussions of a general nature which do not specifically relate to a matter then 20 pending before the public agency for decision. 21 (3) "Executive session" means any meeting or part of a meeting of a gov- 22 erning body which is closed to any persons for deliberation on certain mat- 23 ters. 24 (4) "Public agency" means: 25 (a)aAny state board, commission, department, authority, educational 26 institution or other state agency which is created by or pursuant to stat- 27 ute, other than courts and their agencies and divisions, and the judicial 28 council, and the district magistrates commission; 29 (b)aAny regional board, commission, department or authority created by 30 or pursuant to statute; 31 (c)aAny county, city, school district, special district, or other munic- 32 ipal corporation or political subdivision of the state of Idaho; 33 (d)aAny subagency of a public agency which is created by or pursuant to 34 statute, ordinance, or other legislative act. 35 (5) "Governing body" means the members of any public agency which con- 36 sists of two (2) or more members, with the authority to make decisions for or 37 recommendations to a public agency regarding any matter. The term "governing 38 body" shall include any members of a public agency regardless of whether those 39 members receive funding from the public agency as long as the members are act- 40 ing on behalf of the public agency. 41 (6) "Meeting" means the convening of a governing body of a public agency 42 to make a decision or to deliberate toward a decision on any matter. 43 (a) "rRegular meeting" means the convening of a governing body of a pub- 2 1 lic agency on the date fixed by law or rule, to conduct the business of 2 the agency. 3 (b) "sSpecial meeting" is a convening of the governing body of a public 4 agency pursuant to a special call for the conduct of business as specified 5 in the call. 6 SECTION 2. That Section 67-2347, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-2347. VIOLATIONS. (1) If an action, or any deliberation ordecision-9makingdecision making that leads to an action, occurs at any meeting which 10 fails to comply with the provisions of sections 67-2340 through 67-2346, Idaho 11 Code, such action shall be null and void. 12 (2) Any member of the governing body governed by the provisions of sec- 13 tions 67-2340 through 67-2346, Idaho Code, who knowingly conducts or partici- 14 pates in a meeting which violates the provisions of this act shall be subject 15 to a fine not to exceedonefive hundredfiftydollars ($1500) for a first 16 violation and not to exceedthree hundredone thousand dollars ($31,000) for 17 each subsequent violation as a civil penalty. 18 (3) The attorney general shall have the duty to enforce this act in rela- 19 tion to public agencies of state government, and the prosecuting attorneys of 20 the various counties shall have the duty to enforce this act in relation to 21 local public agencies within their respective jurisdictions. In the event that 22 there is reason to believe that a violation of the provisions of this act has 23 been committed by members of a board of county commissioners or, for any other 24 reason a county prosecuting attorney is deemed disqualified from proceeding to 25 enforce this act, the prosecuting attorney or board of county commissioners 26 shall seek to have a special prosecutor appointed for that purpose as provided 27 in section 31-2603, Idaho Code. 28 (4) Any person affected by a violation of the provisions of this act may 29 commence a civil action in the magistrate division of the district court of 30 the county in which the public agency ordinarily meets, for the purpose of 31 requiring compliance with the provisions of this act. No private action 32 brought pursuant to this subsection shall result in the assessment of a civil 33 penalty against any member of a public agency and there shall be no private 34 right of action for damages arising out of any violation of the provisions of 35 sections 67-2342 through 67-2346, Idaho Code. Any suit brought for the purpose 36 of having an action declared or determined to be null and void pursuant to 37 subsection (1) of this section shall be commenced within thirty (30) days of 38 the time of the violation or alleged violation of the provisions of this act. 39 Any other suit brought under the provisions of this section shall be commenced 40 within one hundred eighty (180) days of the time of the violation or alleged 41 violation of the provisions of this act.
STATEMENT OF PURPOSE
RS 17532
Amends Section 67-2341, Idaho Code, to further define the term
"Governing Body" and amends Section 67-2347 to increase the
maximum fines for violation of the open meeting law.
FISCAL NOTE
None.
Contact
Name: Roger Falen
Phone: 208-285-1116
516 N. Laurel
Genesee, Idaho 83832
STATEMENT OF PURPOSE/FISCAL NOTE S 1299