1.1.................... moves to amend H.F. No. 2958 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 13D.01, subdivision 1, is amended to read:
1.4 Subdivision 1.
In executive branch, local government Open meetings;
1.5definitions. (a) All meetings
, including executive sessions, of a public body must be
1.6open to the public
.
1.7(a) of a state
1.8(1) agency,
1.9(2) board,
1.10(3) commission, or
1.11(4) department,
1.12when required or permitted by law to transact public business in a meeting;
1.13(b) of the governing body of a
1.14(1) school district however organized,
1.15(2) unorganized territory,
1.16(3) county,
1.17(4) statutory or home rule charter city,
1.18(5) town, or
1.19(6) other public body;
1.20(c) of any
1.21(1) committee,
1.22(2) subcommittee,
1.23(3) board,
1.24(4) department, or
1.25(5) commission,
1.26of a public body; and
1.27(d) of the governing body or a committee of:
2.1(1) a statewide public pension plan defined in section
356A.01, subdivision 24; or
2.2(2) a local public pension plan governed by section
69.77, sections
69.771 to
69.775,
2.3or chapter 354A, 422A, or 423B.
2.4(b) For purposes of this section, "meeting" means a quorum of the members of a
2.5public body transacting public business.
2.6(c) "Public body" means any multimember state, regional, or local governing body.
2.7The term also includes a committee, subcommittee, commission, board, or other similar
2.8multimember body of a state, regional, or local governing body, a statewide public pension
2.9plan as defined by section 356A.01, subdivision 24, or a local public pension plan under
2.10sections 69.77, 69.771 to 69.775, or chapter 354A, 422A, or 423B.
2.11 Sec. 2. Minnesota Statutes 2008, section 13D.01, subdivision 3, is amended to read:
2.12 Subd. 3.
Subject of and grounds for closed meeting. Before closing a meeting,
2.13a public body shall state on the record the
specific grounds legal basis permitting the
2.14meeting to be closed and describe the subject to be discussed.
2.15 Sec. 3. Minnesota Statutes 2008, section 13D.01, subdivision 4, is amended to read:
2.16 Subd. 4.
Votes to be kept in journal. (a) The votes of the members of the
2.17state agency, board, commission, or department; or of the governing body, committee,
2.18subcommittee, board, department, or commission public body on an action taken in a
2.19meeting required by this section to be open to the public must be recorded in a journal
2.20kept for that purpose.
2.21(b) The vote of each member must be recorded on each appropriation of money,
2.22except for payments of judgments, claims, and amounts fixed by statute.
2.23 Sec. 4. Minnesota Statutes 2008, section 13D.01, subdivision 6, is amended to read:
2.24 Subd. 6.
Public copy of members' materials. (a) In any meeting
which under
2.25subdivisions 1, 2, 4, and 5, and section
13D.02 that must be open to the public, at least
2.26one
paper copy of any printed
or electronic materials relating to the agenda items of the
2.27meeting prepared or distributed by or at the direction of the
governing public body or
2.28its employees and:
2.29(1) distributed at the meeting to all members of the
governing public body;
2.30(2) distributed before the meeting to all members; or
2.31(3) available in the meeting room to all members;
2.32shall be available in the meeting room for inspection by the public while the
governing
2.33public body considers their subject matter.
3.1(b) This subdivision does not apply to materials classified by law as other than
3.2public as defined in chapter 13, or to materials relating to the agenda items of a closed
3.3meeting held in accordance with the procedures in section
13D.03 or other law permitting
3.4the closing of meetings.
3.5 Sec. 5. Minnesota Statutes 2008, section 13D.01, is amended by adding a subdivision
3.6to read:
3.7 Subd. 7. Public recording of meetings. Open meetings may be recorded and
3.8photographed by members of the public in a manner that is not disruptive and does not
3.9interfere with the meeting as reasonably determined by the public body.
3.10 Sec. 6. Minnesota Statutes 2008, section 13D.021, subdivision 1, is amended to read:
3.11 Subdivision 1.
Conditions. A meeting governed by this section and section
13D.01,
3.12subdivisions 1, 2, 4, and 5, may be conducted by telephone or other electronic means so
3.13long as the following conditions are met:
3.14(1) the presiding officer, chief legal counsel, or chief administrative officer for
3.15the affected
governing public body determines that an in-person meeting or a meeting
3.16conducted under section
13D.02 is not practical or prudent because of a health pandemic
3.17or an emergency declared under chapter 12;
3.18(2) all members of the body participating in the meeting, wherever their physical
3.19location, can hear one another and can hear all discussion and testimony;
3.20(3) members of the public present at the
regular meeting location of the body
3.21can hear all discussion and testimony and all votes of the members of the body, unless
3.22attendance at the
regular meeting location is not feasible due to the health pandemic or
3.23emergency declaration;
3.24(4) at least one member of the body, chief legal counsel, or chief administrative
3.25officer is physically present at the
regular meeting location, unless unfeasible due to the
3.26health pandemic or emergency declaration; and
3.27(5) all votes are conducted by roll call, so each member's vote on each issue can be
3.28identified and recorded.
3.29 Sec. 7. Minnesota Statutes 2008, section 13D.04, subdivision 2, is amended to read:
3.30 Subd. 2.
Special meetings. (a) For a special meeting, except an emergency meeting
3.31or a special meeting for which a notice requirement is otherwise expressly established
3.32by statute, the public body shall post written notice of the date, time, place, and purpose
3.33of the meeting on the principal bulletin board of the public body, or if the public body
4.1has no principal bulletin board, on the door of its usual meeting room.
If the principal
4.2bulletin board or door of the public body's usual meeting room is not generally accessible
4.3to the public, the public body must post the notice in an area generally accessible for
4.4public viewing.
4.5(b) The notice shall also be mailed or otherwise delivered to each person who has
4.6filed a written request for notice of special meetings with the public body. This notice
4.7shall be posted and mailed or delivered at least three
calendar days before the date of the
4.8meeting.
4.9(c) As an alternative to mailing or otherwise delivering notice to persons who have
4.10filed a written request for notice of special meetings, the public body may publish the
4.11notice once, at least three
calendar days before the meeting, in the official newspaper of
4.12the public body or, if there is none, in a qualified newspaper of general circulation within
4.13the area of the public body's authority.
4.14(d) A person filing a request for notice of special meetings may limit the request to
4.15notification of meetings concerning particular subjects, in which case the public body is
4.16required to send notice to that person only concerning special meetings involving those
4.17subjects.
4.18(e) A public body may establish an expiration date for requests for notices of special
4.19meetings pursuant to this subdivision and require refiling of the request once each year.
4.20(f) Not more than 60 days before the expiration date of a request for notice, the
4.21public body shall send notice of the refiling requirement to each person who filed during
4.22the preceding year.
4.23 Sec. 8. Minnesota Statutes 2008, section 13D.04, subdivision 6, is amended to read:
4.24 Subd. 6.
State agencies. For a meeting of
a public body of an agency, board,
4.25commission, or department of the state:
4.26(1) the notice requirements of this section apply only if a statute governing meetings
4.27of
the agency, board, or commission the public body does not contain specific reference to
4.28the method of providing notice; and
4.29(2) all provisions of this section relating to publication are satisfied by publication in
4.30the State Register
and on the agency's Web site."
4.31Amend the title accordingly