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HF 4413

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:41pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to the Open Meeting Law; amending requirements for interactive
technology use for advisory public bodies; amending Minnesota Statutes 2022,
sections 13D.001, subdivision 1, by adding a subdivision; 13D.02, subdivision 4,
by adding a subdivision; Minnesota Statutes 2023 Supplement, section 13D.02,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 13D.001, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

For the purposes of this chapter, the deleted text begin termdeleted text end new text begin termsnew text end defined
in this section deleted text begin hasdeleted text end new text begin havenew text end the deleted text begin meaningdeleted text end new text begin meaningsnew text end given.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2022, section 13D.001, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Advisory public body. new text end

new text begin "Advisory public body" means a public body comprised
entirely of appointed members and not including elected officials.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 13D.02, subdivision 1, is amended
to read:


Subdivision 1.

Conditions.

(a) new text begin Except as provided in subdivision 1b, new text end a meeting governed
bynew text begin this section andnew text end section 13D.01, subdivisions 1, 2, 4, and 5, deleted text begin and this sectiondeleted text end may be
conducted by interactive technology so long as:

(1) all members of the body participating in the meeting, wherever their physical location,
can hear and see one another and can hear and see all discussion and testimony presented
at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can hear
and see all discussion and testimony and all votes of members of the body;

(3) at least one member of the body is physically present at the regular meeting location;

(4) all votes are conducted by roll call so each member's vote on each issue can be
identified and recorded; and

(5) each location at which a member of the body is present is open and accessible to the
public.

(b) A meeting satisfies the requirements of paragraph (a), although a member of the
public body participates from a location that is not open or accessible to the public, if the
member has not participated more than three times in a calendar year from a location that
is not open or accessible to the public, and:

(1) the member is serving in the military and is at a required drill, deployed, or on active
duty; or

(2) the member has been advised by a health care professional against being in a public
place for personal or family medical reasons.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 13D.02, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Advisory public body; conditions. new text end

new text begin (a) A meeting of an advisory public body
governed by this section and section 13D.01, subdivisions 1, 2, 4, and 5, may be conducted
by interactive technology so long as:
 new text end

new text begin (1) all members participating in the meeting, wherever their physical location, can hear
and see one another and can hear and see all discussion and testimony presented at any
location at which at least one member is present;
 new text end

new text begin (2) members of the public, wherever their physical location, can hear and see all
discussion and testimony and all votes of members of the body;
 new text end

new text begin (3) members of the public, wherever their physical location, may provide testimony
when opportunities for testimony are offered as a part of the meeting agenda;
 new text end

new text begin (4) at least one member of the body is physically present at the regular meeting location;
 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 (6) each location at which a member is present is publicly noticed in accordance with
subdivision 4; and
 new text end

new text begin (7) each member participating via interactive technology has participated remotely in
no more than half of the meetings of the body during the shorter of the following time
periods:
 new text end

new text begin (i) the previous 12 months; or
 new text end

new text begin (ii) the period during which the member has served on the advisory public body.
 new text end

new text begin (b) A meeting of an advisory public body satisfies the requirements of paragraph (a),
although a member of the body participates from a location that is not publicly noticed, if
the member has not participated more than three times in a calendar year from a location
that is not publicly noticed and:
 new text end

new text begin (1) the member is serving in the military and is at a required drill, deployed, or on active
duty; or
 new text end

new text begin (2) the member has been advised by a health care professional against being in a public
place for personal or family medical reasons.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Minnesota Statutes 2022, section 13D.02, subdivision 4, is amended to read:


Subd. 4.

Notice of regular and all member locations.

If interactive technology is used
to conduct a regular, special, or emergency meeting, the public body shall provide notice
of the regular meeting location and notice of any location where a member of the public
body will be participating in the meeting by interactive technology, except for the locations
of members participating pursuant to subdivision 1, paragraph (b)new text begin , or 1b, paragraph (b)new text end .
The timing and method of providing notice must be as described in section 13D.04.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end