Print Friendly SENATE BILL NO. 1299
– Open meeting, violation, fine
SENATE BILL NO. 1299
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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 - 2008
IN THE SENATE
SENATE BILL NO. 1299
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-
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-
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-
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 or decision-
9 making decision 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 exceed one five hundred fifty dollars ($ 1500) for a first
16 violation and not to exceed three hundred one 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
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.
Name: Roger Falen
516 N. Laurel
Genesee, Idaho 83832
STATEMENT OF PURPOSE/FISCAL NOTE S 1299