H.B. No. 0165

Open meetings laws.

Sponsored By: Representative(s) Simpson, Illoway, Martin and Osborn and Senator(s) Case and Ross

AN ACT relating to open meetings; providing for a definition; providing for a penalty; and providing for an effective date.

1/10/2005 Bill Number Assigned

1/12/2005 H Received for Introduction

1/13/2005 H Introduced and Referred to H07

1/19/2005 H07 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Diercks, Gingery, Illoway, Latta, Martin, McOmie and Miller

Excused: Representative(s) Olsen

Absent: Representative(s) Barnard

Ayes 7 Nays 0 Excused 1 Absent 1 Conflicts 0

1/19/2005 H Placed on General File

HB0165HS001/ADOPTED

Page 1-line 2 After "penalty" insert "making conforming amendments;".

Page 1-line 12 After "violates" insert "or conspires to violate, and any member of the governing body of an agency who attends or remains at a meeting knowing that the governing body is in violation of".

Page 2-line 9 Delete "Section 1." insert "Section 2."; after "W.S." insert "9-7-104(d), 9-12-103(h), 15-1-105"; Delete "is" insert "16-10-107(c), 18-15-109(b), 21-3-110(a)(xvi)(C), 21-16-703(d), 37-5-208(d)(iii) and 37-5-408(d)(iii) are."

Page 2-After line 9 Insert:

"9-7-104.  Community development authority; creation; composition; compensation; termination; meetings; surety bonds; personal liability; fiscal control.

(d)  The board shall determine the date, time, place and method of notice for all regular meetings of the board. A majority of the voting directors of the authority constitutes a quorum for the transaction of any business or the exercise of any power or function of the authority. All matters shall be decided by a majority vote of the voting members of the board. Minutes of board meetings shall be kept, maintained and open to members of the public. Notice of meetings shall be given to the public prior to the meetings and meetings shall be open to the public in accordance with W.S. 16-4-401 through 16-4-407 16-4-408. In emergency circumstances, as unanimously determined by the board members, the board may take action by conference telephone or similar communications equipment whereby all persons participating in the meeting can hear each other at the same time. The conversation shall be recorded, immediately transcribed as minutes of the board, and notice given of their availability for public review. The finding by the board that an emergency exists shall be binding and conclusive unless clearly erroneous.

9-12-103.  Wyoming business council; creation; composition; compensation; termination; meetings; surety bonds; fiscal control.

(h)  Except as specifically provided in this act, the provisions of W.S. 16-4-201 through 16-4-205 and 16-4-401 through 16-4-407 16-4-408 shall apply to the council.

15-1-105.  Governing bodies; meetings; quorum; executive sessions.

Public meetings of the governing body shall be held in accordance with W.S. 16-4-401 through 16-4-407 16-4-408. Special meetings may also be called by a majority of the qualified members of the governing body. A majority of all the qualified members of the governing body constitutes a quorum for the transaction of business, but any number may adjourn a meeting to compel the attendance of and punish Absent members. If the nature of the business so requires, the governing body by a vote of two-thirds (2/3) of the members present, may go into executive session and exclude the public therefrom.".

Page 2-After line 16 Insert:

16-10-107.  Surface water drainage utility board.

(c)  All meetings, records and accounts of the surface water drainage utility board shall be managed and conducted in accordance with the Public Records Act, W.S. 16-4-201 through 16-4-205, the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-124, and the Public Meetings Act, W.S. 16-4-401 through 16-4-407 16-4-408. The salaries, if any, of the members of the surface water drainage utility board shall be fixed by the board of county commissioners and by the city or town council, as applicable.

18-15-109.  Selection of officers of board of trustees; quorum; trustees not to be interested in contracts, work done or property purchased by district.

(b)  The board of trustees may hold regular, special or recessed meetings as the board determines. All meetings shall be in accordance with W.S. 16-4-401 through 16-4-407 16-4-408.

21-3-110.  Duties of boards of trustees.

(a)  The board of trustees in each school district shall:

(xvi)(C)  All meetings of the board are subject to W.S. 16-4-401 through 16-4-407 16-4-408.

21-16-703.  Wyoming higher education assistance authority; creation; termination; board of directors; composition; compensation; meetings; surety bonds; personal liability; fiscal control.

(d)  The board shall determine the date, time, place and method of notice for all regular meetings of the board. A majority of the directors constitutes a quorum for the transaction of any business or the exercise of any power or function of the authority. All matters shall be decided by a majority vote of the voting members of the board. Minutes of board meetings shall be kept, maintained and open to members of the public. Public notice of meetings shall be given prior to the meetings and meetings shall be open to the public in accordance with W.S. 16-4-401 through 16-4-407 16-4-408. In emergency circumstances, if so determined by two-thirds (2/3) of its members, the board may take action by conference telephone or similar electronic communications equipment whereby all persons participating in the meeting can hear each other at the same time. Such action shall be recorded, immediately transcribed as minutes of the board and notice given of their availability for public review. The finding by the board that an emergency exists shall be binding and conclusive unless clearly erroneous.

37-5-208.  Powers; duties; limitations.

(d)  The authority is subject to the requirements of:

(iii)  W.S. 16-4-401 through 16-4-407 16-4-408.

37-5-408.  Powers; duties; limitations.

(d)  The authority is subject to the requirements of:

(iii)  W.S. 16-4-401 through 16-4-407 16-4-408.".

Page 2-line 19 Delete "Section 2" insert "Section 3". ILLOWAY, CHAIRMAN

HB0165HW001/ADOPTED (CORRECTED COPY)

Page 1-line 12 Delete the standing committee amendment (HB0165HS001/A) to this line; delete "violates any provisions" insert "takes an action in violation of or conspires to take an action in violation of this act, and any member of the governing body of an agency who attends or remains at a meeting knowing that the governing body is in violation".

Page 2-line 1 After "(b)" delete the balance of the line.

Page 2-line 2 Delete "act" insert "A violation set forth in subsection (a) of this section". SIMPSON

1/21/2005 H Passed CoW

HB0165H2001/FAILED

Page 1-line 14 After "than" insert "the lesser of".

Page 1-line 15 After "($750.00)" insert ", or an amount equal to the salary the member has been paid during his term of office or position with the agency". HAGEMAN

1/24/2005 H Passed 2nd Reading

HB0165H3001/FAILED

Page 1-line 13 After "misdemeanor" insert ". There shall be no monetary penalty imposed for a first conviction under this section. A second or subsequent conviction under this section shall be"; delete "upon conviction". HAGEMAN

1/25/2005 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Hastert, Hinckley, Illoway, Jones, Jorgensen, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, Meuli, Morgan, Olsen, Osborn, Pedersen, Philp, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Watt, White and Zwonitzer.

Nays: Representative(s) Barnard, Brechtel, Hageman, Iekel, McOmie, Miller, Petersen, Powers and Wasserburger.

Excused: Representative(s) Jackson

Ayes 50 Nays 9 Excused 1 Absent 0 Conflicts 0

1/28/2005 S Received for Introduction

2/8/2005 S Introduced and Referred to S07

2/10/2005 S07 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Hanes, Johnson, Mockler and Scott

Nays: Senator(s) Meier

Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0

2/10/2005 S Placed on General File

HB0165SS001/ADOPTED (TO ENGROSSED COPY)

Page 1-line 13 Delete ", and" insert "shall be guilty of a misdemeanor.".

Page 1-line 15 After "meeting" insert "where an action is taken"; delete "governing body" insert "action".

Page 1-line 16 After "misdemeanor" insert "unless at the next regular meeting he objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.".

Page 2-line 1 Before "punishable" insert "The misdemeanor is".

Page 2-lines 4 thru 6 Delete and renumber.

Page 2-line 8 Delete "(c)" insert "(b)". MEIER, CHAIRMAN

2/15/2005 S Passed CoW

HB0165S2001.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)

Page 1-line 16 Delete the Senate Standing Committee Amendment (HB0165SS001/AE) to this line and further amend as follow: After "misdemeanor" insert "unless minutes were taken of the meeting showing the member objected to the meeting and any action taken or if there is no record of the member's objection, then at the next regular meeting the member objects to the meeting where the violation occurred and he asks that the objection be recorded in the minutes.".

Page 2–line 13 Before "16‑10‑107(c)" insert "16‑4‑405 by creating a new subsection (b),".

Page 4–after line 22 Insert and renumber:

"16‑4‑405.  Executive sessions.

(b)  Minutes shall be maintained of all matters discussed and any actions taken or considered by any body or agency during any executive session. Minutes of executive sessions shall be confidential and produced only in response to a valid court order.". NICHOLAS

HB0165S2001.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)

Page 2–line 13 Before "16‑10‑107(c)" insert "16‑4‑405 by creating a new subsection (c),".

Page 4–after line 22 Insert and renumber:

"16‑4‑405.  Executive sessions.

(c)  Before holding an executive session, a body or agency shall give public notice of the time and place of the session and of all matters to be considered during any executive session.". NICHOLAS

2/16/2005 S Passed 2nd Reading

HB0165S3001/ADOPTED (TO ENGROSSED COPY)

Delete the Nicholas Second Reading Amendment (HB0165S2001.01/ACE) entirely and further amend as follows:

Page 1-line 16 Delete the Senate Standing Committee Amendment (HB0165SS001/AE) to this line and further amend as follows: After "misdemeanor" insert "unless minutes were taken during the executive meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and he asks that the objection be recorded in the minutes.".

Page 2-line 13 Before "16-10-107(c)" insert "16-4-405 by creating new subsections (b) and (c),".

Page 4-before line 24 Insert and renumber:

"16-4-405. Executive sessions.

(b)  Minutes shall be maintained of all topics discussed and any actions proposed to be taken by any body or agency during any executive session. Except for those parts of minutes of an executive session reflecting a member's objection to the executive session, minutes of executive sessions shall be confidential and produced only in response to a valid court order.

(c)  Before holding an executive session, a body or agency shall give public notice of the time and place of the executive session and of the general description of all matters to be discussed or considered consistent with the generic descriptions set forth in subsection (a) of this section.". NICHOLAS

HB0165S3002/FAILED (TO ENGROSSED COPY)

In the Nicholas Third Reading Amendment (HB0165S3001/A), in subsection W.S. 16-4-405(b) created by that amendment, delete the new language after "(b)" and insert: "Minutes shall be maintained including the general description of all matters discussed pursuant to subsection (a) of this section and any member's objection to the executive session. The minutes shall be approved at the next regular public meeting of the governing body.". MEIER

2/17/2005 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Boggs, Burns, Case, Decaria, Geis, Hanes, Hines, Job, Larson, Massie, Mockler, Nicholas, Peck, Ross, Sessions, Townsend and Vasey.

Nays: Senator(s) Barrasso, Coe, Hawks, Jennings, Johnson, Meier, Northrup, Schiffer, Scott and Von Flatern.

Excused: Senator(s) Cooper

Ayes 19 Nays 10 Excused 1 Absent 0 Conflicts 0

2/18/2005 H Did Not Concur

ROLL CALL

Nays: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused: Representative(s) Jorgensen

Ayes 0 Nays 59 Excused 1 Absent 0 Conflicts 0

2/18/2005 H Appointed JCC01 Members

Representative(s) Simpson, Lubnau and Powers

2/18/2005 S Appointed JCC01 Members

Senator(s) Meier, Anderson, J and Vasey

2/23/2005 H Adopted HB0165JC01

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Bucholz, Childers, Cohee, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Hastert, Hinckley, Illoway, Jones, Landon, Lubnau, Luthi, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Powers, Quarberg, Reese, Robinson, Samuelson, Simpson, Slater, Thompson, Walsh, Warren, White.

Nays: Representative(s) Barnard, Berger, Brechtel, Brown, Buchanan, Davison, Hageman, Iekel, Jackson, Latta, Martin, Philp, Semlek, Wasserburger, Watt, Zwonitzer.

Excused: Representative(s) Jorgensen, Lockhart.

Ayes 42 Nays 16 Excused 2 Absent 0 Conflict 0

2/23/2005 S Did Not Adopt HB0165JC01

ROLL CALL

Nays: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern.

Excused: Senator(s) Vasey

Ayes 0 Nays 29 Excused 1 Absent 0 Conflicts 0

HB0165JC01/AF FAILED

Delete the following Senate amendments:

HB0165S2001.01/A

HB0165S3001/A

HB0165SS001/A

Further amend the ENGROSSED COPY as follows:

Page 1-line 2 After "penalty;" insert "providing a limitation on executive sessions; providing for minutes of executive sessions as specified;".

Page 1-line 13 Delete ", and" insert "shall be guilty of a misdemeanor.".

Page 1-line 15 After "meeting" insert "where an action is taken"; delete "governing body" insert "action".

Page 1-line 16 After "misdemeanor" insert "unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.".

Page 2-line 1 Before "punishable" insert "Either misdemeanor violation under this subsection is".

Page 2-line 13 Before "16-10-107(c)" insert "16-4-405 by creating new subsections (b) and (c),".

Page 4-After line 22 Insert:

"16-4-405. Executive sessions.

(b) Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.

(c) Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made.".SIMPSON , LUBNAU, POWERS, MEIER, ANDERSON, J., VASEY

2/24/2005 H Appointed JCC02 Members

Representative(S) Simpson, Lubnau and Powers

2/24/2005 S Appointed JCC02 Members

Senator(s) Meier, Ross and Vasey

2/28/2005 H Adopted HB0165JC02

ROLL CALL

AYES: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Latta, Lockhart, Lubnau, Luthi, Martin, McOmie,

Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren,

Wasserburger, Watt, White, Zwonitzer.

EXCUSED: Representative(s) Jorgensen.

Ayes 59 Nays 0 Excused 1 Absent 0 Conflict 0

2/28/2005 S Adopted HB0165JC02

ROLL CALL

Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Decaria, Hanes, Hines, Job, Johnson, Massie, Nicholas, Peck, Ross, Sessions and Vasey.

Nays: Senator(s) Coe, Cooper, Geis, Hawks, Jennings, Larson, Meier, Mockler, Northrup, Schiffer, Scott, Townsend and Von Flatern.

Ayes 17 Nays 13 Excused 0 Absent 0 Conflicts 0

HB0165JC02/AA ADOPTED (TO ENGROSSED COPY)

Delete the following Senate amendments:

HB0165S2001.01/AE

HB0165S3001/AE

HB0165SS001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 2 After "penalty;" insert "providing a limitation on executive sessions; providing for minutes of executive sessions as specified;".

Page 1-line 13 Delete ", and" insert "shall be guilty of a misdemeanor.".

Page 1-line 15 After "meeting" insert "where an action is taken"; delete "governing body" insert "action".

Page 1-line 16 After "misdemeanor" insert "unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.".

Page 2-line 1 Before "punishable" insert "Either misdemeanor violation under this subsection is".

Page 2-lines 4 through 6 Delete entirely.

Page 2-line 8 Delete "(c)" insert "(b)".

Page 2-line 13 Before "16-10-107(c)" insert "16-4-405 by creating new subsections (b) and (c),".

Page 4-After line 22 Insert:

"16-4-405. Executive sessions.

(b) Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.

(c) Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made.". SIMPSON, LUBNAU, POWERS, MEIER, ROSS, VASEY

2/28/2005 Assigned Number HEA No. 0109

3/1/2005 H Speaker Signed HEA No. 0109

3/1/2005 S President Signed HEA No. 0109

3/3/2005 Governor Signed HEA No. 0109

3/3/2005 Assigned Chapter Number

Chapter No. 0194 Session Laws of Wyoming 2005.