Bill Text: MO HB1444 | 2010 | Regular Session | Introduced
Bill Title: Requires certain public governing bodies to hold a public meeting and to allow public comment four business days prior to voting on certain issues
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-13 - Delivered to Secretary of State (G) [HB1444 Detail]
Download: Missouri-2010-HB1444-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JONES (89) (Sponsor), SCHAAF, NANCE, FUNDERBURK, ROORDA, GRISAMORE, SMITH (150), FLANIGAN, FISCHER (107), KOENIG AND LAMPE (Co-sponsors).
3457L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 610.020, RSMo, and to enact in lieu thereof one new section relating to notice for certain public meetings, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 610.020, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 610.020, to read as follows:
610.020. 1. All public governmental bodies shall give notice of the time, date, and place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by Internet chat, Internet message board, or other computer link, it shall post a notice of the meeting on its website in addition to its principal office and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of a particular public governmental body concurrent with the notice being made available to the members of the particular governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.
2. Notice conforming with all of the requirements of subsection 1 of this section shall be given at least twenty-four hours, exclusive of weekends and holidays when the facility is closed, prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. Every reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals.
3. A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any meeting, record, or vote closed pursuant to the provisions of section 610.021 shall be permitted without permission of the public body; any person who violates this provision shall be guilty of a class C misdemeanor.
4. When it is necessary to hold a meeting on less than twenty-four hours' notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
5. A formally constituted subunit of a parent governmental body may conduct a meeting without notice as required by this section during a lawful meeting of the parent governmental body, a recess in that meeting, or immediately following that meeting, if the meeting of the subunit is publicly announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body.
6. If another provision of law requires a manner of giving specific notice of a meeting, hearing or an intent to take action by a governmental body, compliance with that section shall constitute compliance with the notice requirements of this section.
7. A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body, including, but not limited to, a record of any votes taken at such meeting. The minutes shall include the date, time, place, members present, members absent and a record of any votes taken. When a roll call vote is taken, the minutes shall attribute each "yea" and "nay" vote or abstinence if not voting to the name of the individual member of the public governmental body.
8. Notwithstanding any other provision of this section to the contrary, for any public meeting addressing issues regarding a fee or tax increase, eminent domain, zoning of a specific property or zoning map amendment, transportation development districts, capital improvement districts, commercial improvement districts, or tax increment financing, the governing body of any county, city, town, or village, or any entity created by such county, city, town, or village, shall give notice conforming with all the requirements of subsection 1 of this section at least four days before such entity may vote to address such issues, exclusive of weekends and holidays when the facility is closed. This subsection shall not apply to any votes or discussion related to proposed ordinances that require a minimum of two separate readings on different days for their passage, or in case of emergencies. Each public meeting described in this subsection shall include a period of time in which the members of the public may offer comments on matters of the public business of the entity holding the meeting. Public comment shall be taken after the proponents of the proposal have made their presentation. If the notice required under this subsection is not properly given, any discussion of such issues shall be postponed, and no vote on such issues shall be held until proper notice has been provided under this subsection. For the purpose of this subsection, a tax increase shall not include the setting of the annual tax rates provided for under sections 67.110 and 137.055. In zoning matters, the four-day notice of commencement of any meeting addressing a zoning matter as set out in this subsection shall apply to the first meeting at which the matter is heard, whether at a meeting of the jurisdiction's governing body, at a board of zoning adjustment meeting, or at a planning and zoning meeting.
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