SF 2071

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; authorizing meetings to
be held by telephone or other electronic means,
setting 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] LOCAL GOVERNMENT MEETINGS CONDUCTED
BY TELEPHONE, OTHER ELECTRONIC MEANS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to
meetings of a local government governing body. "Local
government" means a statutory or home rule charter city, county,
or town, or a committee, subcommittee, board, or commission of a
statutory or home rule charter city, county, or town.
new text end

new text begin Subd. 2. new text end

new text begin Conditions for meeting by telephone or other
electronic means. new text end

new text begin Notwithstanding section 13D.01 and if
complying with section 13D.02 is impractical, a local government
governing body may conduct a meeting of its members by telephone
or other electronic means so long as the following conditions
are met:
new text end

new text begin (1) all members of the governing body participating in the
meeting, wherever their physical location, can hear one another
and all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting
location of the governing body can hear all discussion and
testimony and all votes of members of the board;
new text end

new text begin (3) at least one member of the governing body is physically
present at the regular meeting location; and
new text end

new text begin (4) 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. 3. new text end

new text begin Quorum. new text end

new text begin Each member of the governing 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. 4. new text end

new text begin Remote monitoring. new text end

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

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin If telephone or other electronic means
is used to conduct a regular, special, or emergency meeting, the
governing 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 4. The timing and method of providing notice is
governed by section 13D.04.
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