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HF 820

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 03:05pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to Open Meeting Law; providing for recording votes and interactive
technology; providing for meetings during certain emergencies; allowing a member
of a public body to attend a meeting from a private location more than three times
in calendar year 2021; 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 journalnew text begin or minutesnew text end.

(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 beginkept for that purposedeleted text endnew text begin
or minutes
new 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 journalnew text begin and minutesnew text end.

The journal new text beginor any minutes used to
record votes of a meeting subject to this chapter
new text endmust 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 beginSTATE ENTITY new text endMEETINGS BY TELEPHONE OR deleted text beginOTHER
ELECTRONIC MEANS
deleted text endnew 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 beginother
electronic means
deleted text end new text begininteractive technology new text endso 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 beginother electronic meansdeleted text end new text begininteractive technology new text endis 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 beginanother electronic meansdeleted text end
new text begin interactive technology new text endis 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 beginThe 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 beginanother electronic meansdeleted text end new text begininteractive technology new text endis 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 beginelectronic meansdeleted text endnew text begin
interactive technology
new 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 beginOTHER ENTITY new text endMEETINGS deleted text beginCONDUCTEDdeleted text end BY INTERACTIVE deleted text beginTV;
CONDITIONS
deleted text endnew 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 begintelevisiondeleted text endnew 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 begintelevisiondeleted text end new text begintechnology new text endis 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 begintelevisiondeleted text end new text begintechnology new text endis
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 beginThe 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 deleted text beginsitesdeleted text endnew text begin locationsnew text end.

If interactive deleted text begintelevisiondeleted text endnew text begin
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 and notice of any deleted text beginsitedeleted text end new text beginlocation new text endwhere a
member of the public body will be participating in the meeting by interactive deleted text begintelevisiondeleted text endnew text begin
technology, except for the locations of members participating pursuant to subdivision 1,
paragraph (b)
new 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 begintelevisiondeleted text endnew text begin technologynew text end and state the
reason or reasons for the appearance by interactive deleted text begintelevisiondeleted text endnew text begin technologynew text end.

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 4 is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 13D.021, is amended to read:


13D.021 MEETINGS deleted text beginBY TELEPHONE OR OTHER ELECTRONIC MEANS;
CONDITIONS
deleted text endnew 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 beginother electronic meansdeleted text end
new text begin interactive technology new text endso 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 begin13D.015 or new text end13D.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 beginother electronic meansdeleted text end new text begininteractive technology new text endis
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 beginanother electronic meansdeleted text end
new text begin interactive technology new text endis 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 beginThe 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 beginanother electronic
means
deleted text end new text begininteractive technology new text endis 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 beginother electronic meansdeleted text endnew 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 beginof 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's practice is to offer a public comment period at in-person
meetings, 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

Sec. 7. new text beginOPEN MEETING LAW; MEMBER PARTICIPATION FROM PRIVATE
LOCATION.
new text end

new text begin Notwithstanding Minnesota Statutes, section 13D.02, subdivision 1, paragraph (b), a
meeting after December 31, 2020, and before July 1, 2021, satisfies the requirements of
Minnesota Statutes, section 13D.02, paragraph (a), if a member of a public body participates
from a location that is not open or accessible to the public more than three times before July
1, 2021. The location is not required in the notice under Minnesota Statutes, section 13D.02,
subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for meetings occurring on
or after January 1, 2021.
new text end