HF 1303

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the open meeting law; authorizing meetings by telephone or other
electronic means under certain conditions; proposing coding for new law in
Minnesota Statutes, chapter 13D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13D.021] MEETINGS BY TELEPHONE OR OTHER ELECTRONIC
MEANS; CONDITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Conditions. new text end

new text begin A meeting governed by this section and section 13D.01,
subdivisions 1, 2, 4, and 5, may be conducted by telephone or other electronic means so
long as the following conditions are met:
new text end

new text begin (1) the presiding officer, chief legal counsel, or chief administrative officer for the
affected governing body determines that an in person meeting or a meeting conducted
under section 13D.02 is not practical or prudent because of a health pandemic or an
emergency declared under chapter 12;
new text end

new text begin (2) all members of the body participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (3) members of the public present at the regular meeting location of the body can
hear all discussion and testimony and all votes of the members of the body;
new text end

new text begin (4) at least one member of the body, chief legal counsel, or chief administrative
officer is physically present at the regular meeting location, unless unfeasible due to the
heath pandemic or emergency declaration; and
new text end

new text begin (5) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin Subd. 2. new text end

new text begin Members are present for quorum, participation. new text end

new text begin Each member of the
body participating in a meeting by telephone or other electronic means is considered
present at the meeting for purposes of determining a quorum and participating in all
proceedings.
new text end

new text begin Subd. 3. new text end

new text begin Monitoring from remote site; costs. new text end

new text begin If telephone or another electronic
means is used to conduct a meeting, to the extent practical, the body shall allow a person
to monitor the meeting electronically from a remote location. The body may require the
person making a connection to pay for the documented additional cost that the body incurs
as a result of the additional connection.
new text end

new text begin Subd. 4. new text end

new text begin Notice of regular and all member sites. new text end

new text begin If telephone or another electronic
means is used to conduct a regular, special, or emergency meeting, the public body
shall provide notice of the regular meeting location, of the fact that some members may
participate by telephone or other electronic means, and of the provisions of subdivision 3.
The timing and method of providing notice is governed by section 13D.04 of the Open
Meeting Law.
new text end