Minnesota Legislature
HF 1140
1st Division Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 01:26pm
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A bill for an act
relating to Open Meeting Law; modifying terminology and requirements related
to meetings conducted through the use of telephone or interactive technology;
amending Minnesota Statutes 2020, sections 13D.01, subdivisions 4, 5; 13D.015;
13D.02; 13D.021; 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.001] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
For the purposes of this chapter, the terms defined in this
section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Interactive technology. new text end
new text begin
"Interactive technology" means a device, software
program, or other application that allows individuals in different physical locations to see
and hear one another.
new text end
Sec. 2.
Minnesota Statutes 2020, section 13D.01, subdivision 4, is amended to read:
Subd. 4.
Votes to be kept in journal.
(a) The votes of the members of the state agency,
board, commission, or department; or of the governing body, committee, subcommittee,
board, department, or commission on an action taken in a meeting required by this section
to be open to the public must be recorded in a journal deleted text begin kept for that purposedeleted text end new text begin or minutesnew text end .
(b) The vote of each member must be recorded on each appropriation of money, except
for payments of judgments, claims, and amounts fixed by statute.
Sec. 3.
Minnesota Statutes 2020, section 13D.01, subdivision 5, is amended to read:
Subd. 5.
Public access to journal.
The journal new text begin or any minutes used to record votes of
a meeting subject to this chapter new text end must be open to the public during all normal business hours
where records of the public body are kept.
Sec. 4.
Minnesota Statutes 2020, section 13D.015, is amended to read:
13D.015 new text begin STATE ENTITY new text end MEETINGS BY TELEPHONE OR deleted text begin OTHER
ELECTRONIC MEANSdeleted text end new text begin INTERACTIVE TECHNOLOGYnew text end .
Subdivision 1.
Application.
This section applies to:
(1) a state agency, board, commission, or department, and a statewide public pension
plan defined in section 356A.01, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in
clause (1).
Subd. 2.
Conditions.
An entity listed in subdivision 1 may conduct a meeting governed
by this section and section 13D.01, subdivisions 1, 2, 4, and 5, by telephone or deleted text begin other
electronic meansdeleted text end new text begin interactive technology new text end so long as the following conditions are met:
(1) all members of the entity participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the entity can hear
all discussion and all votes of members of the entity and participate in testimony;
(3) at least one member of the entity is physically present at the regular meeting location;
and
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
Subd. 3.
Quorum; participation.
Each member of the entity participating in a meeting
by telephone or deleted text begin other electronic meansdeleted text end new text begin interactive technology new text end is considered present at the
meeting for purposes of determining a quorum and participating in all proceedings.
Subd. 4.
Monitoring from remote sitedeleted text begin ; costsdeleted text end .
If telephone or deleted text begin another electronic meansdeleted text end
new text begin interactive technology new text end is used to conduct a meeting, the entity, to the extent practical, shall
allow a person to monitor the meeting electronically from a remote location. deleted text begin The entity may
require the person making a connection to pay for documented marginal costs that the entity
incurs as a result of the additional connection.
deleted text end
Subd. 5.
Notice.
If telephone or deleted text begin another electronic meansdeleted text end new text begin interactive technology new text end is used
to conduct a regular, special, or emergency meeting, the entity shall provide notice of the
regular meeting location, of the fact that some members may participate by deleted text begin electronic meansdeleted text end new text begin
interactive technologynew text end , and of the provisions of subdivision 4. The timing and method of
providing notice is governed by section 13D.04. In addition, the entity must post the notice
on its website at least ten days before any regular meeting as defined in section 13D.04,
subdivision 1.
Sec. 5.
Minnesota Statutes 2020, section 13D.02, is amended to read:
13D.02 new text begin OTHER ENTITY new text end MEETINGS deleted text begin CONDUCTEDdeleted text end BY INTERACTIVE deleted text begin TV;
CONDITIONSdeleted text end new text begin TECHNOLOGYnew text end .
Subdivision 1.
Conditions.
(a) A meeting governed by section 13D.01, subdivisions 1,
2, 4, and 5, and this section may be conducted by interactive deleted text begin televisiondeleted text end new text begin technologynew text end 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. This clause only applies when a state of
emergency has been declared under section 12.31, and expires 60 days after the removal of
the state of emergency.
new text begin Subd. 1a. new text end
new text begin Meeting exception. new text end
new text begin
This section applies to meetings of entities described in
section 13D.01, subdivision 1, except meetings of:
new text end
new text begin
(1) a state agency, board, commission, or department, and a statewide public pension
plan defined in section 356A.01, subdivision 24; and
new text end
new text begin
(2) a committee, subcommittee, board, department, or commission of an entity listed in
clause (1).
new text end
Subd. 2.
Members are present for quorum, participation.
Each member of a body
participating in a meeting by interactive deleted text begin televisiondeleted text end new text begin technology new text end is considered present at the
meeting for purposes of determining a quorum and participating in all proceedings.
Subd. 3.
Monitoring from remote sitedeleted text begin ; costsdeleted text end .
If interactive deleted text begin televisiondeleted text end new text begin technology new text end is
used to conduct a meeting, to the extent practical, a public body shall allow a person to
monitor the meeting electronically from a remote location. deleted text begin The body may require the person
making such a connection to pay for documented marginal costs that the public body incurs
as a result of the additional connection.
deleted text end
Subd. 4.
Notice of regular and all member sites.
If interactive deleted text begin televisiondeleted text end new text begin technologynew text end
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 site where a member of the public
body will be participating in the meeting by interactive deleted text begin televisiondeleted text end new text begin technologynew text end . The timing
and method of providing notice must be as described in section 13D.04.
deleted text begin Subd. 5. deleted text end
deleted text begin School boards; interactive technology with an audio and visual link. deleted text end
deleted text begin
A
school board conducting a meeting under this section may use interactive technology with
an audio and visual link to conduct the meeting if the school board complies with all other
requirements under this section.
deleted text end
Subd. 6.
Record.
The minutes for a meeting conducted under this section must reflect
the names of any members appearing by interactive deleted text begin televisiondeleted text end new text begin technologynew text end and state the
reason or reasons for the appearance by interactive deleted text begin televisiondeleted text end new text begin technologynew text end .
Sec. 6.
Minnesota Statutes 2020, section 13D.021, is amended to read:
13D.021 MEETINGS deleted text begin BY TELEPHONE OR OTHER ELECTRONIC MEANS;
CONDITIONSdeleted text end new text begin DURING PANDEMIC OR CHAPTER 12 EMERGENCYnew text end .
Subdivision 1.
Conditions.
A meeting governed by this section and section 13D.01,
subdivisions 1, 2, 4, and 5, may be conducted by telephone or deleted text begin other electronic meansdeleted text end
new text begin interactive technology new text end so long as the following conditions are met:
(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 new text begin 13D.015 or new text end 13D.02 is not practical or prudent because of a health pandemic or an
emergency declared under chapter 12;
(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;
(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, unless attendance at
the regular meeting location is not feasible due to the health pandemic or emergency
declaration;
(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 health
pandemic or emergency declaration; and
(5) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
Subd. 2.
Members are present for quorum, participation.
Each member of the body
participating in a meeting by telephone or deleted text begin other electronic meansdeleted text end new text begin interactive technology new text end is
considered present at the meeting for purposes of determining a quorum and participating
in all proceedings.
Subd. 3.
Monitoring from remote sitedeleted text begin ; costsdeleted text end .
If telephone or deleted text begin another electronic meansdeleted text end
new text begin interactive technology new text end 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. deleted text begin 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.
deleted text end
Subd. 4.
Notice of regular and all member sites.
If telephone or deleted text begin another electronic
meansdeleted text end new text begin interactive technology new text end 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 deleted text begin other electronic meansdeleted text end new text begin interactive technologynew text end ,
and of the provisions of subdivision 3. The timing and method of providing notice is governed
by section 13D.04 deleted text begin of the Open Meeting Lawdeleted text end .
new text begin Subd. 5. new text end
new text begin Public comment period during health pandemic or emergency. new text end
new text begin
If attendance
at the regular meeting location is not feasible due to the health pandemic or emergency
declaration and the public body offers a public comment period, members of the public
shall be permitted to comment from a remote location during the public comment period
of the meeting, to the extent practical.
new text end