|
H.B. No. 0120 |
Public meetings. |
Sponsored By: Representative(s)
AN ACT relating to public
meetings; providing notice requirements for special meetings; providing for
audio recording of executive sessions; providing for proceedings to review
executive sessions; providing for notice of executive sessions; and providing
for an effective date.
1/11/2011 Bill
Number Assigned
1/13/2011 H
Received for Introduction
1/17/2011 H
Introduced and Referred to H01
1/25/2011 H01
Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Barbuto, Brechtel, Brown, Cannady, Greene, Peasley and
Throne
Nays:
Representative(s) Krone and Nicholas, B.
Ayes 7 Nays 2 Excused
0 Absent 0 Conflicts 0
1/25/2011 H
Placed on General File
HB0120HS001/ADOPTED
Page
1-line 2 Delete "providing for
audio".
Page
1-line 3 Delete "recording of
executive sessions;".
Page
1-line 9 Delete "16‑4‑405(b) and (c)" insert "16‑4‑405(b),
(c) and by creating a new subsection (d).".
Page
2-lines 9 through 13 Delete all new language.
Page
2-line 16 Delete "or recording".
Page
2-line 20 Delete "or recording".
Page 2-line 21 Delete
"or".
Page 2-line 22 Delete
"recording".
Page 3-line 1 Delete
"or".
Page 3-line 2 Delete
"recording".
Page
3-After line 14 Insert:
"(d) In-camera review
under this section shall not limit, waive or abrogate the scope or nature of
the attorney-client privilege.". BROWN, CHAIRMAN
HB0120HW001/ADOPTED
Page 1-line 16 Delete "twenty-four (24)" insert "twelve (12)".
GINGERY
1/27/2011 H Passed CoW
HB0120H2001/ADOPTED
Delete the standing committee amendment
(HB0120HS001/A) entirely and further amend as follows:
Page 1-line 9 Delete "16‑4‑405(b) and (c)" insert "16‑4‑405(b),
(c) and by creating new subsections (d) and (e)".
Page 2-line 9 After "(b)" insert "Except as provided in subsections (d) and (e) of this
section,".
Page 3-line 14 After "." insert "Any announcement under this subsection need not specify the
topic of litigation if the executive session is convened for purposes of
paragraph (a)(iii) of this section.".
Page 3-After line 14 Insert:
"(d) In-camera review under this section shall not
limit, waive or abrogate the scope or nature of the attorney-client privilege.
(e) Audio recording
shall not be required under this section of communications protected under W.S.
1‑12‑101. The electronic recording
of the executive session shall reflect that no further record or electronic
recording was kept of the discussion based on the opinion of the attorney
representing the governing body that the discussion constituted a privileged
communication.". LUBNAU
1/28/2011 H Passed 2nd
1/31/2011 H Passed 3rd
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten,
Brechtel, Brown, Buchanan, Burkhart, Campbell, Cannady, Childers, Connolly,
Craft, Davison, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles,
Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker,
Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas,
B., Patton, Pederson, Petersen, Petroff, Quarberg, Roscoe, Semlek, Shepperson,
Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and
Zwonitzer, Dv.
Nays:
Representative(s) Byrd and Peasley
Ayes 58 Nays 2 Excused
0 Absent 0 Conflicts 0
2/2/2011 S
Received for Introduction
2/2/2011 S
Introduced and Referred to S01
2/9/2011 S
Rereferred to S06
2/15/2011 S06
Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s)
Christensen, Dockstader, Driskill and Esquibel, F.
Nays: Senator(s)
Burns
Ayes 4 Nays 1 Excused
0 Absent
0 Conflicts 0
2/15/2011 S
Placed on General File
HB0120SS001/ADOPTED (TO ENGROSSED
COPY)
Page 2-line 21 After "record" insert ", the governing body or both". BURNS, CHAIRMAN
2/24/2011 S Passed CoW
HB0120S2001/ADOPTED (TO ENGROSSED
COPY)
Page 4-line 9 Delete "July 1, 2011"
insert "July 1, 2012". COOPER
2/25/2011 S Passed 2nd
HB0120S3001/ADOPTED (TO ENGROSSED
COPY)
Page 1-line 10 Delete "and (e)" insert "through
(f)".
Page 2-line 10 Delete "and (e)" insert "through (f)".
Page 2-line 18 After "order."
delete balance of line.
Page 2-lines 19 through 24 Delete including
the Senate Standing Committee Amendment (HB0120SS001/AE) to these lines.
Page
3-lines 1 through 6 Delete.
Page
4-after line 7 Insert:
"(f) A person may seek access to the minutes or
recordings of a city council, board of county commissioners or school district
board executive session by filing a petition with the district court wherein
the record is found. The petition shall request
an order directing the custodian of the record, the governing body or both, to
produce the record for court inspection.
If the court finds good cause and, after an in-camera review of the
minutes or recording, that the governing body engaged in substantial discussion
of any matter not enumerated in this section, or that the body took action as
defined in W.S. 16‑4‑402(a), the portion
of the minutes or recording that reflects the substantial discussion or action
shall be open for public inspection. Any
minutes or recording opened for public inspection pursuant to this subsection
shall be subject to redaction of matters enumerated in this section.". MEIER
2/28/2011 S Lay back failed
11-19;
ROLL CALL
Ayes: Senator(s) Christensen, Dockstader, Esquibel,
F., Hastert, Landen, Martin, Meier, Perkins, Peterson, Ross and Scott
Nays: Senator(s)
Ayes 11 Nays 19 Excused
0 Absent 0 Conflicts 0
2/28/2011 Reconsider failed
13-17;
ROLL CALL
Ayes: Senator(s)
Case, Christensen, Cooper, Dockstader, Esquibel, F., Hastert, Hicks, Meier,
Nutting, Perkins, Peterson, Ross and Scott
Nays: Senator(s)
Ayes 13 Nays 17 Excused
0 Absent 0 Conflicts 0
2/28/2011 Failed 3rd
ROLL CALL
Ayes: Senator(s)
Case, Christensen, Cooper, Dockstader, Esquibel, F., Hastert, Martin, Meier,
Nutting, Perkins, Peterson, Ross, Scott and Von Flatern
Nays: Senator(s)
Ayes 14 Nays 16 Excused
0 Absent 0 Conflicts 0