SF 853

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; allowing certain 
  1.3             political subdivisions and boards to conduct meetings 
  1.4             by telephone or other electronic means; amending 
  1.5             Minnesota Statutes 2004, sections 116J.68, by adding a 
  1.6             subdivision; 116L.03, by adding a subdivision; 
  1.7             116L.665, by adding a subdivision; 116M.15, by adding 
  1.8             a subdivision; 116U.25; proposing coding for new law 
  1.9             in Minnesota Statutes, chapters 13D; 41A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [13D.021] [EMERGENCY MEETINGS CONDUCTED BY 
  1.12  TELEPHONE OR OTHER ELECTRONIC MEANS CONDITIONS.] 
  1.13     (a) A meeting governed by section 13D.01, subdivisions 1, 
  1.14  2, 4, and 5, and this section and called for the purposes of 
  1.15  declaring a local emergency under section 12.29 or responding to 
  1.16  a local emergency under section 12.37, may be conducted by 
  1.17  telephone or other electronic means so long as: 
  1.18     (1) all members of the body participating in the meeting, 
  1.19  wherever their physical location, can hear one another and can 
  1.20  hear all discussion and testimony; 
  1.21     (2) members of the public present at the regular meeting 
  1.22  location of the body participating in the meeting can hear all 
  1.23  discussion and testimony and all votes of members of the body 
  1.24  participating in the meeting; 
  1.25     (3) at least one member of the body participating in the 
  1.26  meeting is physically present at the regular meeting location; 
  1.27  and 
  2.1      (4) all votes are conducted by roll call, so each member's 
  2.2   vote on each issue can be identified and recorded. 
  2.3      (b) Each member of the body participating in a meeting by 
  2.4   telephone or other electronic means is considered present at the 
  2.5   meeting for purposes of determining a quorum and participating 
  2.6   in all proceedings. 
  2.7      (c) If telephone or other electronic means is used to 
  2.8   conduct a meeting, the body participating in the meeting, to the 
  2.9   extent practical, shall allow a person to monitor the meeting 
  2.10  electronically from a remote location.  The body participating 
  2.11  in the meeting may require the person making such a connection 
  2.12  to pay for documented marginal costs that the body participating 
  2.13  in the meeting incurs as a result of the additional connection. 
  2.14     (d) If telephone or other electronic means is used to 
  2.15  conduct an emergency meeting, the body participating in the 
  2.16  meeting shall provide notice of the meeting location, of the 
  2.17  fact that some members may participate by telephone or other 
  2.18  electronic means, and of the provisions of paragraph (c) to the 
  2.19  extent practical. 
  2.20     Sec. 2.  [41A.0235] [BOARD MEETINGS BY TELEPHONE OR OTHER 
  2.21  ELECTRONIC MEANS.] 
  2.22     (a) Notwithstanding section 13D.01 and if compliance with 
  2.23  section 13D.02 is impractical, the Minnesota Agricultural and 
  2.24  Economic Development Board may conduct a meeting of its members 
  2.25  by telephone or other electronic means so long as the following 
  2.26  conditions are met:  
  2.27     (1) all members of the board participating in the meeting, 
  2.28  wherever their physical location, can hear one another and can 
  2.29  hear all discussion and testimony; 
  2.30     (2) members of the public present at the regular meeting 
  2.31  location of the board can hear all discussion and testimony and 
  2.32  all votes of members of the board; 
  2.33     (3) at least one member of the board is physically present 
  2.34  at the regular meeting location; and 
  2.35     (4) all votes are conducted by roll call, so each member's 
  2.36  vote on each issue can be identified and recorded.  
  3.1      (b) Each member of the board participating in a meeting by 
  3.2   telephone or other electronic means is considered present at the 
  3.3   meeting for purposes of determining a quorum and participating 
  3.4   in all proceedings.  
  3.5      (c) If telephone or other electronic means is used to 
  3.6   conduct a meeting, the board, to the extent practical, shall 
  3.7   allow a person to monitor the meeting electronically from a 
  3.8   remote location.  The board may require the person making such a 
  3.9   connection to pay for documented marginal costs that the board 
  3.10  incurs as a result of the additional connection.  
  3.11     (d) If telephone or other electronic means is used to 
  3.12  conduct a regular, special, or emergency meeting, the board 
  3.13  shall provide notice of the regular meeting location, of the 
  3.14  fact that some members may participate by telephone or other 
  3.15  electronic means, and of the provisions of paragraph (c).  The 
  3.16  timing and method of providing notice is governed by section 
  3.17  13D.04. 
  3.18     Sec. 3.  Minnesota Statutes 2004, section 116J.68, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 5.  [ADVISORY BOARD MEETINGS.] (a) Notwithstanding 
  3.21  section 13D.01 and if compliance with section 13D.02 is 
  3.22  impractical, the Small Business Development Center Advisory 
  3.23  Board, created pursuant to United State Code, title 15, section 
  3.24  648, may conduct a meeting of its members by telephone or other 
  3.25  electronic means so long as the following conditions are met:  
  3.26     (1) all members of the board participating in the meeting, 
  3.27  wherever their physical location, can hear one another and can 
  3.28  hear all discussion and testimony; 
  3.29     (2) members of the public present at the regular meeting 
  3.30  location of the board can hear all discussion and testimony and 
  3.31  all votes of members of the board; 
  3.32     (3) at least one member of the board is physically present 
  3.33  at the regular meeting location; and 
  3.34     (4) all votes are conducted by roll call, so each member's 
  3.35  vote on each issue can be identified and recorded.  
  3.36     (b) Each member of the board participating in a meeting by 
  4.1   telephone or other electronic means is considered present at the 
  4.2   meeting for purposes of determining a quorum and participating 
  4.3   in all proceedings.  
  4.4      (c) If telephone or other electronic means is used to 
  4.5   conduct a meeting, the board, to the extent practical, shall 
  4.6   allow a person to monitor the meeting electronically from a 
  4.7   remote location.  The board may require the person making such a 
  4.8   connection to pay for documented marginal costs that the board 
  4.9   incurs as a result of the additional connection.  
  4.10     (d) If telephone or other electronic means is used to 
  4.11  conduct a regular, special, or emergency meeting, the board 
  4.12  shall provide notice of the regular meeting location, of the 
  4.13  fact that some members may participate by telephone or other 
  4.14  electronic means, and of the provisions of paragraph (c).  The 
  4.15  timing and method of providing notice is governed by section 
  4.16  13D.04. 
  4.17     Sec. 4.  Minnesota Statutes 2004, section 116L.03, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 8.  [BOARD MEETINGS.] (a) Notwithstanding section 
  4.20  13D.01 and if compliance with section 13D.02 is impractical, the 
  4.21  Minnesota Job Skills Partnership Board may conduct a meeting of 
  4.22  its members by telephone or other electronic means so long as 
  4.23  the following conditions are met:  
  4.24     (1) all members of the board participating in the meeting, 
  4.25  wherever their physical location, can hear one another and can 
  4.26  hear all discussion and testimony; 
  4.27     (2) members of the public present at the regular meeting 
  4.28  location of the board can hear all discussion and testimony and 
  4.29  all votes of members of the board; 
  4.30     (3) at least one member of the board is physically present 
  4.31  at the regular meeting location; and 
  4.32     (4) all votes are conducted by roll call, so each member's 
  4.33  vote on each issue can be identified and recorded.  
  4.34     (b) Each member of the board participating in a meeting by 
  4.35  telephone or other electronic means is considered present at the 
  4.36  meeting for purposes of determining a quorum and participating 
  5.1   in all proceedings.  
  5.2      (c) If telephone or other electronic means is used to 
  5.3   conduct a meeting, the board, to the extent practical, shall 
  5.4   allow a person to monitor the meeting electronically from a 
  5.5   remote location.  The board may require the person making such a 
  5.6   connection to pay for documented marginal costs that the board 
  5.7   incurs as a result of the additional connection.  
  5.8      (d) If telephone or other electronic means is used to 
  5.9   conduct a regular, special, or emergency meeting, the board 
  5.10  shall provide notice of the regular meeting location, of the 
  5.11  fact that some members may participate by telephone or other 
  5.12  electronic means, and of the provisions of paragraph (c).  The 
  5.13  timing and method of providing notice is governed by section 
  5.14  13D.04. 
  5.15     Sec. 5.  Minnesota Statutes 2004, section 116L.665, is 
  5.16  amended by adding a subdivision to read: 
  5.17     Subd. 2a.  [COUNCIL MEETINGS.] (a) Notwithstanding section 
  5.18  13D.01 and if compliance with section 13D.02 is impractical, the 
  5.19  Governor's Workforce Development Council may conduct a meeting 
  5.20  of its members by telephone or other electronic means so long as 
  5.21  the following conditions are met:  
  5.22     (1) all members of the council participating in the 
  5.23  meeting, wherever their physical location, can hear one another 
  5.24  and can hear all discussion and testimony; 
  5.25     (2) members of the public present at the regular meeting 
  5.26  location of the council can hear all discussion and testimony 
  5.27  and all votes of members of the council; 
  5.28     (3) at least one member of the council is physically 
  5.29  present at the regular meeting location; and 
  5.30     (4) all votes are conducted by roll call, so each member's 
  5.31  vote on each issue can be identified and recorded.  
  5.32     (b) Each member of the council participating in a meeting 
  5.33  by telephone or other electronic means is considered present at 
  5.34  the meeting for purposes of determining a quorum and 
  5.35  participating in all proceedings.  
  5.36     (c) If telephone or other electronic means is used to 
  6.1   conduct a meeting, the council, to the extent practical, shall 
  6.2   allow a person to monitor the meeting electronically from a 
  6.3   remote location.  The council may require the person making such 
  6.4   a connection to pay for documented marginal costs that the 
  6.5   council incurs as a result of the additional connection.  
  6.6      (d) If telephone or other electronic means is used to 
  6.7   conduct a regular, special, or emergency meeting, the council 
  6.8   shall provide notice of the regular meeting location, of the 
  6.9   fact that some members may participate by telephone or other 
  6.10  electronic means, and of the provisions of paragraph (c).  The 
  6.11  timing and method of providing notice is governed by section 
  6.12  13D.04. 
  6.13     Sec. 6.  Minnesota Statutes 2004, section 116M.15, is 
  6.14  amended by adding a subdivision to read: 
  6.15     Subd. 5.  [BOARD MEETING.] (a) Notwithstanding section 
  6.16  13D.01 and if compliance with section 13D.02 is impractical, the 
  6.17  Urban Initiative Board may conduct a meeting of its members by 
  6.18  telephone or other electronic means so long as the following 
  6.19  conditions are met:  
  6.20     (1) all members of the board participating in the meeting, 
  6.21  wherever their physical location, can hear one another and can 
  6.22  hear all discussion and testimony; 
  6.23     (2) members of the public present at the regular meeting 
  6.24  location of the board can hear all discussion and testimony and 
  6.25  all votes of members of the board; 
  6.26     (3) at least one member of the board is physically present 
  6.27  at the regular meeting location; and 
  6.28     (4) all votes are conducted by roll call, so each member's 
  6.29  vote on each issue can be identified and recorded.  
  6.30     (b) Each member of the board participating in a meeting by 
  6.31  telephone or other electronic means is considered present at the 
  6.32  meeting for purposes of determining a quorum and participating 
  6.33  in all proceedings.  
  6.34     (c) If telephone or other electronic means is used to 
  6.35  conduct a meeting, the board, to the extent practical, shall 
  6.36  allow a person to monitor the meeting electronically from a 
  7.1   remote location.  The board may require the person making such a 
  7.2   connection to pay for documented marginal costs that the board 
  7.3   incurs as a result of the additional connection.  
  7.4      (d) If telephone or other electronic means is used to 
  7.5   conduct a regular, special, or emergency meeting, the board 
  7.6   shall provide notice of the regular meeting location, of the 
  7.7   fact that some members may participate by telephone or other 
  7.8   electronic means, and of the provisions of paragraph (c).  The 
  7.9   timing and method of providing notice is governed by section 
  7.10  13D.04. 
  7.11     Sec. 7.  Minnesota Statutes 2004, section 116U.25, is 
  7.12  amended to read: 
  7.13     116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.] 
  7.14     (a) The director shall be advised by the Explore Minnesota 
  7.15  Tourism Council consisting of up to 28 voting members appointed 
  7.16  by the governor for four-year terms, including: 
  7.17     (1) the director of Explore Minnesota Tourism who serves as 
  7.18  the chair; 
  7.19     (2) eleven representatives of statewide associations 
  7.20  representing bed and breakfast establishments, golf, festivals 
  7.21  and events, counties, convention and visitor bureaus, lodging, 
  7.22  resorts, trails, campgrounds, restaurants, and chambers of 
  7.23  commerce; 
  7.24     (3) one representative from each of the four tourism 
  7.25  marketing regions of the state as designated by the office; 
  7.26     (4) six representatives of the tourism business 
  7.27  representing transportation, retail, travel agencies, tour 
  7.28  operators, travel media, and convention facilities; 
  7.29     (5) one or more ex-officio nonvoting members including at 
  7.30  least one from the University of Minnesota Tourism Center; 
  7.31     (6) four legislators, two from each house, one each from 
  7.32  the two largest political party caucuses in each house, 
  7.33  appointed according to the rules of the respective houses; and 
  7.34     (7) other persons, if any, as designated from time to time 
  7.35  by the governor. 
  7.36     (b) The council shall act to serve the broader interests of 
  8.1   tourism in Minnesota by promoting activities that support, 
  8.2   maintain, and expand the state's domestic and international 
  8.3   travel market, thereby generating increased visitor 
  8.4   expenditures, tax revenue, and employment. 
  8.5      (c) Filling of membership vacancies is as provided in 
  8.6   section 15.059.  The terms of one-half of the members shall be 
  8.7   coterminous with the governor and the terms of the remaining 
  8.8   one-half of the members shall end on the first Monday in January 
  8.9   one year after the terms of the other members.  Members may 
  8.10  serve until their successors are appointed and qualify.  Members 
  8.11  are not compensated.  A member may be reappointed. 
  8.12     (d) The council shall meet at least four times per year and 
  8.13  at other times determined by the council.  Notwithstanding 
  8.14  section 15.059, the council does not expire. 
  8.15     (e) Notwithstanding section 13D.01 and if compliance with 
  8.16  section 13D.02 is impractical, the Explore Minnesota Tourism 
  8.17  Council may conduct a meeting of its members by telephone or 
  8.18  other electronic means so long as the following conditions are 
  8.19  met:  
  8.20     (1) all members of the council participating in the 
  8.21  meeting, wherever their physical location, can hear one another 
  8.22  and can hear all discussion and testimony; 
  8.23     (2) members of the public present at the regular meeting 
  8.24  location of the council can hear all discussion and testimony 
  8.25  and all votes of members of the council; 
  8.26     (3) at least one member of the council is physically 
  8.27  present at the regular meeting location; and 
  8.28     (4) all votes are conducted by roll call, so each member's 
  8.29  vote on each issue can be identified and recorded.  
  8.30     (f) Each member of the council participating in a meeting 
  8.31  by telephone or other electronic means is considered present at 
  8.32  the meeting for purposes of determining a quorum and 
  8.33  participating in all proceedings.  
  8.34     (g) If telephone or other electronic means is used to 
  8.35  conduct a meeting, the council, to the extent practical, shall 
  8.36  allow a person to monitor the meeting electronically from a 
  9.1   remote location.  The council may require the person making such 
  9.2   a connection to pay for documented marginal costs that the 
  9.3   council incurs as a result of the additional connection.  
  9.4      (h) If telephone or other electronic means is used to 
  9.5   conduct a regular, special, or emergency meeting, the council 
  9.6   shall provide notice of the regular meeting location, of the 
  9.7   fact that some members may participate by telephone or other 
  9.8   electronic means, and of the provisions of paragraph (g).  The 
  9.9   timing and method of providing notice is governed by section 
  9.10  13D.04.