Text: HF02035 Text: HF02037 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 2.17A OPEN MEETINGS.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Closed session" means a meeting of a legislative body
1 5 where attendance is limited to members of the general
1 6 assembly, members of the legislative body, and other persons
1 7 invited by the legislative body.
1 8 b. "Legislative body" means any body of the general
1 9 assembly created by statute or authorized by the general
1 10 assembly which is limited to any of the following:
1 11 (1) A standing committee.
1 12 (2) A subcommittee of a standing committee on
1 13 appropriations.
1 14 (3) A conference committee.
1 15 (4) The legislative council.
1 16 (5) A caucus of the members of a political party of one or
1 17 both houses of the general assembly.
1 18 (6) A multimembered body formally and directly created by
1 19 one or more bodies described in subparagraphs (1) through (5).
1 20 c. "Meeting" means any gathering in person or by
1 21 electronic means of a majority of the members of a legislative
1 22 body, where there is deliberation or action taken upon any
1 23 matter affecting policymaking within the legislative body's
1 24 jurisdiction. A meeting shall not include a gathering of
1 25 members of a legislative body for purely ministerial or social
1 26 purposes when there is no discussion of policy or no intent to
1 27 avoid the purposes of this section.
1 28 d. "Open session" means a meeting where attendance is
1 29 available to all members of the public.
1 30 2. A meeting of a legislative body shall be held in open
1 31 session unless a closed session is authorized under this
1 32 section. A legislative body may hold a closed session if
1 33 authorized by rules adopted by the legislative council for
1 34 itself or legislative bodies under its jurisdiction, by the
1 35 senate for legislative bodies under its jurisdiction, or by
2 1 the house of representatives for legislative bodies under its
2 2 jurisdiction. However, regardless of these rules, a
2 3 legislative body cannot authorize a closed session unless at
2 4 least by the affirmative vote of either two-thirds of the
2 5 members of the legislative body or all of the members present
2 6 at the meeting. A record of the vote for a closed meeting
2 7 shall be entered in the minutes of the meeting and if under
2 8 the jurisdiction of one of the houses, in the journal of the
2 9 house of the legislative body. However, if the meeting is
2 10 held under the jurisdiction of one of the houses and the
2 11 general assembly is not in session, the record of the vote
2 12 shall be entered in the minutes of the meeting and later
2 13 recorded in the journal on the first day when that house is
2 14 next in session. If the meeting is held under the
2 15 jurisdiction of both houses and involves members from both
2 16 houses, the record of the vote shall be entered in the journal
2 17 of both houses.
2 18 3. a. The legislative council, the senate, and the house
2 19 of representatives shall adopt rules necessary to administer
2 20 this section. The rules shall include procedures for
2 21 providing notice of a meeting prior to the meeting.
2 22 b. The legislative remedies provided in rules adopted
2 23 under this subsection shall be the exclusive remedy available.
2 24 A court or administrative agency shall not have jurisdiction
2 25 to hear a case involving an alleged violation of this section,
2 26 shall not interpret this section, and shall not enforce,
2 27 enjoin, award damages, or invalidate any legislative action,
2 28 including but not limited to the enactment of a statute,
2 29 because of an alleged violation of this section.
2 30 EXPLANATION
2 31 This bill provides that meetings of a legislative body must
2 32 be open to the public, unless the legislative body votes to
2 33 close the meeting. This applies to a standing committee, a
2 34 subcommittee of a standing committee on appropriations, a
2 35 conference committee, the legislative council, or a caucus of
3 1 the members of a political party of one or both houses of the
3 2 general assembly. It also applies to smaller bodies created
3 3 by one of these entities such as a subcommittee. The bill
3 4 does not apply to gatherings for purely ministerial or social
3 5 purposes when there is no discussion of policy or no intent to
3 6 avoid the purposes of the bill.
3 7 A legislative body may close a meeting to the public only
3 8 according to rules adopted by the legislative council, the
3 9 senate, or the house of representatives, and at least by an
3 10 affirmative vote of either two-thirds of the members of the
3 11 legislative body or all of the members present at the meeting.
3 12 A record of the vote for a closed meeting must be entered in
3 13 the minutes of the meeting and in the journal of the house of
3 14 the legislative body, if applicable.
3 15 The legislative council, the senate, and the house of
3 16 representatives are required to adopt rules necessary in order
3 17 to administer the provisions of the bill, including rules
3 18 providing for prior notice of a meeting. The bill provides
3 19 that the legislative remedies provided in the rules are the
3 20 exclusive remedy available. A court or administrative agency
3 21 does not have jurisdiction to hear a case involving an alleged
3 22 violation of this section or take action on any legislative
3 23 action because of an alleged violation of the bill's
3 24 provisions.
3 25 LSB 3289HH 77
3 26 da/sc/14
Text: HF02035 Text: HF02037 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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