Minnesota Session Laws - 2021, Regular Session

CHAPTER 14--H.F.No. 820

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 journal new text begin or minutes new 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 begin kept for that purpose deleted text end new 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 journal new text begin and minutes new text end .

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 MEANS deleted text end new text begin INTERACTIVE TECHNOLOGY new 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 means deleted 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 means deleted 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 site deleted text begin ; costs deleted text end .

If telephone or deleted text begin another electronic means deleted 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 means deleted 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 means deleted text end new 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 begin OTHER ENTITY new text end MEETINGS deleted text begin CONDUCTED deleted text end BY INTERACTIVE deleted text begin TV; CONDITIONS deleted text end new text begin TECHNOLOGY new 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 television deleted text end new text begin technology new 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 television deleted 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 site deleted text begin ; costs deleted text end .

If interactive deleted text begin television deleted 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 deleted text begin sites deleted text end new text begin locations new text end .

If interactive deleted text begin television deleted text end new 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 begin site deleted text end new text begin location new text end where a member of the public body will be participating in the meeting by interactive deleted text begin television deleted text end new 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 begin television deleted text end new text begin technology new text end and state the reason or reasons for the appearance by interactive deleted text begin television deleted text end new text begin technology new 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 begin BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS deleted text end new text begin DURING PANDEMIC OR CHAPTER 12 EMERGENCY new 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 means deleted 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 means deleted 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 site deleted text begin ; costs deleted text end .

If telephone or deleted text begin another electronic means deleted 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 means deleted 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 means deleted text end new text begin interactive technology new 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 Law deleted 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 begin OPEN 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

Presented to the governor May 5, 2021

Signed by the governor May 6, 2021, 2:11 p.m.