Proposed transparency legislation, Open meetings legislation

House Bill 1, introduced to the House of Representatives by Representative Mike Duffey is the Governor's JobsOhio bill. The bill is quite long and extremely complicated. This bill exempts JobsOhio from being a public agency while allowing it to receive funds from the public. More information about Ohio's laws on private agencies receiving public funding can be found at our Private Agencies, Public Dollars page The bill would also exempt the corporation from the public records and open meetings laws of the state.^[1]

House Bill 113, introduced to the House of Representatives by Representative Matt Lundy which would attempt to reverse the exemptions provided by House Bill 1, Ohio 2011 to JobsOhio. This bill, also known as "The Taxpayer's Right to Know Act" would make the meetings and records of any "governing board of a corporation" that enters into a public-private partnership subject to open meetings and records requirements. A public-private partnership is defined as a contractual relationship between a state agency and a corporation with the intent of the corporation exercising some or all of the agencies powers, functions or duties. ^[2]

House Bill 168 was introduced to the House by Representative Jeff Wilson which would allow agencies to post notice for meetings on a website or via electronic mail provided a copy is also posted in or near the municipal clerk of court's office. ^[3]

House Bill 232 was introduced to the House by Representative Margaret Andrews which would allow a public body to go into executive session to review applications or award funds to municipal programs for the poor or indignant. ^[4]

House Bill 248 was introduced to the House by Representative Carolyn Partridge which would require public agencies to post notice of special and regular meetings on their website, if they have one, 24 hours before the meeting. ^[5]

House Bill 5064, introduced to the House of Representatives by Representative Agostinho Silva which would allow school committees to satisfy open meetings public notice requirements by posting notice on a website maintained by the committee or by giving notice in a local newspaper. ^[6]

House Bill 5188, introduced to the House of Representatives by Representative Peter Petrarca which would exempt the town of Smithfield school committee from requirements to post notice of public meetings in a local newspaper. ^[7]

House Bill 521 was introduced to the House by Representative Betsey Patten which would alter the time period for public meetings from 10 to 20 days after notice from the Commissioner to 5-20 days. ^[8]

House Bill 5220, introduced to the House of Representatives by Representative Thomas Winfield which would remove the requirement of school committees to post notice of public meetings in a local newspaper. ^[9]

House Bill 5366, introduced to the House of Representatives by Representative Michael Chippendale which would make any non-profit that receives more than 25% of its operational budget from public funds subject to open meetings law. ^[10]

House Bill 5350, introduced to the House of Representatives by Representative Brian Newberry which would allow school committees to satisfy open meetings public notice requirements by posting notice on a website maintained by the committee or by giving notice in a local newspaper. ^[11]

House Bill 5745, introduced to the House of Representatives by Representative David Bennett which would allow for a public body to hold an emergency meeting if pressing matters required immediate addressing. ^[12]

House Bill 585, introduced to the House of Representatives by Representative Jeanette Mott Oxford which would revise judicial process for individuals seeking monetary redress for personal conduct of speech during an open meeting. The bill would allow for expedited trials and appeal process, special hearings, and movement for dismissal.^[13]

House Bill 650 was introduced to the House by Representative Lynne Ober which would allow school districts to call special meetings for the issue of dealing with changes in state funding. ^[14]

House Bill 733 is a bill introduced to the Mississippi House of Representatives by Representative Mark Baker which would require public bodies to maintain certain public records on their agency's website. ^[15]

House Bill 94 was introduced to the House by Representative John Tholl which would allow advisory committees to meet electronically provided there is a clear way for the public to attend the meeting posted on the committee website or office. ^[16]

House Bill 974 is a bill introduced to the Mississippi House of Representatives by Representative Omeria Scott which would impose civil penalties against anyone who discloses information derived from an executive session of a public body. First violation may be subject to civil penalty of no less than $25,000 with the penalty increasing by $25,000 for each subsequent violation. The bill would also provide for rules regarding entering an executive session. ^[17]

House Bill 989, introduced to the House of Representatives by Representative Stephen Webber which would create the Missouri Commission on Workforce Preparedness within the Department of Economic Development and require it to comply with open meetings and open records laws.^[18]

Senate Bill 2232, introduced to the Senate by Senator John Andrist, would alter the public records and open meetings laws to allow for electronic records, notification of meetings and record storage. ^[19]

Senate Bill 231, introduced to the Senate by Senator Hanna Gallo which would allow school committees to satisfy open meetings public notice requirements by posting notice on a website maintained by the committee or by giving notice in a local newspaper. ^[20]

Senate Bill 390, introduced to the Senate by Senator John Tassoni which would exempt the town of Smithfield school committee from requirements to post notice of public meetings in a local newspaper. ^[21]

Senate Bill 643, introduced to the Senate by Senator Bethany Moura which would make any non-profit that receives more than 25% of its operational budget from public funds subject to open meetings law. ^[22]

Senate Bill 67 was introduced to the Senate by Senator Jeanette White which would modernize open meetings laws to allow electronic meetings, provide additional reasons for executive sessions, and allow for persons with disabilities to have equal access to meetings. The final section of the bill provides punishment for violators and requires courts to levy a fee for reasonable attorney and court costs against the violating agency. ^[23]

Senate Bill 68, introduced to the Senate by Senator John Tassoni which would remove the requirement of school committees to post notice of public meetings in a local newspaper. ^[24]

SP 456 and LD 14651 was introduced to the House by Senator Richard Rosen which would require each agency to train one staff member as a "Public Access Officer" charged with helping provide public access to their agency. The bill would also modify time lengths for requests, notifications for certain request problems such as fees and technological issues. It would also provide the courts with the ability to issue an injunction if an agency was found to be in violation of open meetings or open records laws.^[25]

AB 176 introduced by Assemblyman Jim Silva to the Assembly which would update the California Open Meeting Act to allow for new recording technologies. ^[1]

AB 4 introduced by Assemblyman Sam Blakeslee to the Assembly which would require the Constitutional Convention to comply with the Bagley-Keene Open Meeting Act and provide no less than 14 days notice prior to each meeting. ^[2]

House Bill 1, introduced to the House of Representatives by Representative Vernon Sykes is the state budget bill for 2010. The bill is quite long and extremely complicated. This bill exempts the Ohio Public Employees Deferred Compensation Board, Department of Health, Video Service Authorization, Nationwide Mortgage Licensing System And Registry, county DD board, and State Board of Pharmacy or portions of them from public records as well as providing a way for "peace officers" to protect their personal information from the public record. The bill included employee pay records databases, Board of Educations, Department of Agriculture, a report by the Superintendent of Financial Institutions, Department of Health Child Death Review Database in the public record. The bill also required agencies to use technology to reduce transportation costs while adheering to open meetings laws. ^[3]

House Bill 1098 is a bill introduced to the Colorado House of Representatives by Rep. Claire Levy and Sen. Mary Hodge which would expand the open meetings requirements for cooperative electric associations. The bill would require time during open meetings for public comment as well as the recording and posting of meeting minutes on the association's board's website. The act would also require meeting agendas to be posted on the organizations website 10-days prior to regular meetings.^[4]

House Bill 1260 is a bill introduced to the Colorado House of Representatives by Rep. James Riesberg and Rep. Betty Boyd which would create a medical licensing panel to conduct hearings on unlicensed medical practices. The hearings and the documents collected would fall under the Colorado Open Records Act and the Colorado Sunshine Law and would be subject to public scrutiny. The act also protects any medical records submitted for these hearings and for any other hearing or license application.^[5]

House Bill 1284, also known as the Colorado Medical Marijuana Code was introduced to the Arizona House of Representatives by Rep. Thomas Massey and Sen. Chris Romer in 2010. The law contains in it a provision which exempts the applications for and location of any "optional premises cultivation operation" which are additional marijuana fields granted to license holders. The law does stipulate that the information can be released to law enforcement officers. The bill also insures that information concerning the financial or sale records of medical marijuana distributors are exempt under current exemptions for trade secrets. The act also requires appeals of license denial and complaints concerning licensees to be heard at public hearings. In addition, hearings for applications of medical marijuana licenses require a public hearing with at least ten days notice being given prior to the hearing. Notice must take the form of both a sign on the site of the facility applying for a license and an add in the local newspaper. ^[6]

House Bill 1293 is a bill introduced into the Colorado House of Representatives by Rep. Thomas Massey and Sen. Bruce Whitehead which would create the Land Assessment and Classification Task Force, whose meetings would be open to the public.^[7]

House Bill 1328 is a bill introduced to the Colorado House of Representatives by Rep. Joe Miklosi and Sen. Gail Schwartz which would create the Colorado New Energy Improvement District and would subject it to the Colorado Open Records Act and the Colorado Sunshine Law.^[8]

House Bill 189 is a bill introduced to the Alabama House of Representatives by Representative Mary Sue McClurkin which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. ^[9]

House Bill 2, introduced to the House of Representatives by Representative Peter Ujvagi which would require the Registrar of Motor Vehicles to adopt and publish rules to govern proceedings for meetings of the Ohio Transportation Finance Commission, which would be open to the public and minutes of those meetings would be obtainable as public records. The commission was also created by this act. ^[10]

House Bill 2003 is a bill introduced to the Arizona House of Representatives by Rep. Michele Reagan which would require the announcement of a public hearing prior to the creation of a special tax district. In addition to the public hearing, the municipality would be required to post the minutes of the public hearing within three days of the conclusion of the hearing. The bill also requires all districts created by municipalities to comply with the Arizona Public Records Law and the Arizona Open Meetings Act.^[11]

House Bill 2115 is a bill introduced to the Arizona House of Representatives by Rep. Bill Konopnicki which would require all counties which maintain a website to post the minutes of all open meetings on the website.^[12]

House Bill 2209 is a bill introduced to the Arizona House of Representatives by Rep. Michele Reagan which would require all public bodies to post open meetings materials and information about the law on their website and require all elected officials to attend open meetings training sessions prior to taking office. The bill also requires that all public bodies post notices of their meetings on their websites, but still retains all other notification requirements. Finally the bill requires that notices of executive sessions include the law under which the exemption is being used. ^[13]

House Bill 235 is a bill introduced to the Alabama House of Representatives by Representative John Rogers which would create the Alabama Gaming Control Board and require the body to hold at least one public meeting each quarter and keep records of the proceedings. ^[14]

House Bill 2631 is a bill introduced to the Arizona House of Representatives by Rep. David Gowan and others which would allow municipalities to form districts under the State Capitol Centennial Restoration and Economic Recapture Project. The districts would require an open hearing prior to formation. In addition, the act explicitly states that the open records laws apply to the newly formed district.^[15]

House Bill 264 is a bill introduced to the Alabama House of Representatives by Representative Greg Wren which would create the Alabama Residential Energy Code Board and require the board to hold open meetings. ^[16]

House Bill 324 is a bill introduced to the Alabama House of Representatives by Representative Jim McClendon which would require the Alabama Private Investigations Board to hold open meetings pursuant to Alabama state law.^[17]

House Bill 36 is a bill introduced to the Alabama House of Representatives by Representative Thomas Jackson which would require any municipality to give public notice and hold an open meeting if it receives an application or proposal regarding changes in the areas' public waste management system. The bill also places a restriction on how long after the application is submitted before the government body must act on the proposal. ^[18]

HB 4165 would require each public body in Illinois Government to have a Freedom of Information Officer designed to process open records requests^[19]. Also, the bill would establish a Public Access Counselor in the Attorney General's office. The Attorney General would appoint the person to serve as public access counselor. The law amends the Illinois Attorney General Act, Illinois Freedom of Information Act, and the Illinois Open Meetings Act^[19].

House Bill 475 is a bill introduced to the Alabama House of Representatives by Representative Betty Carol Graham which would create the Creek War and War of 1812 Bicentennial Commission which would not be subject to open meetings or public record requirements of a government body. ^[20]

House Bill 507 is a bill introduced to the Alabama House of Representatives by Representative Marcel Black which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. ^[21]

House Bill 517 is a bill introduced to the Alabama House of Representatives by Representative Mike Ball which would create an Office of Administrative Hearings and a State Advisory Council on Administrative Hearings which would create rules, regulations and powers to govern Administrative Hearings. These hearings would be subject to Alabama's Open Meetings Law. ^[22]

House Bill 5483 would amend the current Open Meetings Act and require “a public body to make proposed minutes of an open meeting available for public inspection within 8 business days after the meeting to which the minutes relate and make approved minutes of an open meeting available for public inspection within 5 business days after approval (now, make available within 7 business days after approval).”^[23][24]

'House Bill 551 and Senate Bill 1054 are joint bills introduced to the Florida State Legislature which would extend the exemption within the Florida Sunshine Law and the Florida Open Meetings Law for complaints and investigations to include complaints and investigations conducted and received at the local and municipal level. The exemption would be applied to all complaints and investigations until the complaints were dismissed or until the allegations were confirmed.^[25]

House Bill 593 is a bill introduced to the Alabama House of Representatives by Representative Thad McClammy which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. ^[26]

House Bill 658 is a bill introduced to the Alabama House of Representatives by Representative John Knight which would create the Alabama Indigent Defense Commission which would be required to hold open meetings. ^[27]

House Bill 672 is a bill introduced to the Alabama House of Representatives by Representative Ken Guin which would require the Alabama Land Bank Authority to keep records that can be inspected as open records and hold open meetings. ^[28]

House Bill 677 is a bill introduced to the Alabama House of Representatives by Representative Mary Sue McClurkin which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. ^[29]

House Bill 69 is a bill introduced to the Alabama House of Representatives by Representative Mike Hubbard which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. ^[30]

House Bill 7085 and Senate Bill 2170 are joint bills introduced to the Florida State Legislature which would renew the exemption already in place for records and meetings addressing any complaints and allegations made to the Florida Commission on Ethics and Public Trust concerning violations of open records and open meetings laws. The bill would also remove the application of the Florida Open Government Sunset Review Act automatic repeals clause. ^[31]

House Bill 739 is a bill introduced to the Alabama House of Representatives by Representative Steve McMillan which would require the Baldwin County Commission to hold open meetings and keep meeting minutes which as public records would be filed in the office of the board.^[32]

House Bill 867 and Senate Bill 1838 is a bill introduced to the Florida State Legislature which would create exemptions for documents and meetings relating to:

• emergency cease and desist orders issued to title insurers
• insurance claims negotiations involving the state
• records of complaints and investigations concerning insurers until the investigation ceases to be active unless it would reveal other confidential information
• work papers of examinations or investigations, with some papers staying exempt even after the report is filed
• information received from other governmental bodies which is considered exempt
• meetings involving the investigation or regulation of insurance providers
• proprietary and financial information submitted to the department^[33]

Senate Bill 1142 and House Bill 745 are joint bills introduced to the Florida State Legislature which would extend the current exemption within the Florida Sunshine Law for all bids, proposals and replies received by a public agency in response to a competitive solicitation. The current exemption exempts bid materials until either the public body comes to a final decision on whom to issue the contract to, the public body rejects all proposals and reissues the solicitation or twenty (20) days after the original solicitation, assuming that the haven't reissued the request. The bill would also extend the exemption within the Florida Open Meetings Law for presentations made by bid submitters. The bill proposes to extend this exemption until 2015. It is currently schedule to be automatically repealed under the Florida Open Government Sunset Review Act in 2011. ^[34]

Senate Bill 165, introduced to the Senate by Senator Tom Niehaus which would require the legislative authority of a political subdivision to hold an open meeting if a proposal has been set forth concerning development of oil and gas resources in an urban area owned by the political subdivision. This meeting would be held in and public venue inside the municipal corporation or township in which the proposed well would be located and would be open to all. ^[35]

Senate Bill 189 amended the Illinois Freedom of Information Act and Open Meetings Acs to require state government units to designate key employees or officers to receive mandatory training on the Freedom of Information Act. The bill would require all designated employees/officers to receive their training within six months after SB 189 becomes law. The bill gives power to the Attorney General to seek court action in order to compel a state government unit to comply with the training requirement. This becomes in effect if the unit made no effort to train a designated employee or officer^[36].

Senate Bill 202 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. ^[37]

Senate Bill 2373 introduced by Senator David Baria, would alter the Mississippi Open Meetings Act by increasing the jurisdiction of the courts and expanding the potential penalties for violations to include rendering actions null and void, assessing fines of up to $1000 per violation and assessing court and legal fees to public agencies who have violated the act. ^[38]

Senate Bill 27 is a bill introduced to the Alabama Senate by Senator Henry Sanders which would create an Alabama Innocence Inquiry Commission o which would require the commission to maintain records. These records and the proceedings of the commission are confidential and exempt from public record. If there is evidence that a convicted felon whose file has been reviewed by the commission is innocent all records of the commission and supporting records are referred to a district court at which time they become public record. ^[39]

Senate Bill 281, introduced to the Senate which would require the Pharmaceutical and Therapeutics Committee to hold open meetings with an opportunity for public comment. ^[40]

Senate Bill 315 is a bill introduced to the Alabama Senate by Senator George M. "Marc" Keahey which would create the Alabama Residential Energy Code Board and require the board to hold open meetings.^[41]

Senate Bill 326 is a bill introduced to the Alabama Senate by Senator Linda Coleman which would require the Alabama Land Bank Authority to keep records that can be inspected as open records and hold open meetings. ^[42]

Senate Bill 33, introduced to the Senate by Senator John McKinney which would allow a superior court to require the Department of Corrections to keep sex offender information confidential when required, such as for a person in the witness protection program. It would also create the Sex Offender Registry Policy Advisory Committee which would be required to keep minutes and maintain open meetings, with exception to information or files that may be discussed or reviewed that are previously protected from disclosure by the same act or by other acts. ^[43]

Senate Bill 337 is a bill introduced to the Alabama Senate by Senator T.D. Little which would create the Creek War and War of 1812 Bicentennial Commission which would not be subject to open meetings or public record requirements of a government body. ^[44]

Senate Bill 380 is a bill introduced to the Alabama Senate by Senator Roger Bedford which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. ^[45]

Senate Bill 381 is a bill introduced to the Alabama Senate by Senator George M. "Marc" Keahey which would allow authorized federally recognized bingo and create a State Gaming Commission which would be subject to open meetings. ^[46]

Senate Bill 400 is a bill introduced to the Alabama Senate by Senator Vivian Figures which would allow state regulatory boards to use electronic communications on a limited basis, but only after attempts to arrange a traditional meeting fail. An electronic meeting may not be held for executive session or budget meetings. Notice requirements and other sections of the Open Meetings Act remain the same. ^[47]

Senate Bill 444 is a bill introduced to the Alabama Senate by Senator Vivian Figures which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. ^[48]

Senate Bill 45 is a bill introduced to the Alabama Senate by Senator T.D. Little which would allow the board of trustees of any four year institution to hold meetings via teleconference or video conference as long as the public was informed of the meeting as pursuant to the Open Meetings Act. ^[49]

Senate Bill 48 is a bill introduced to the Alaska Senate by Senator Gene Therriault, Representative Jay Ramras and Senator Joe Thomas which would allow municipal service area boards to hold meetings in private without adhering to open meetings standards. ^[50]

Senate Bill 484 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. ^[51]

Senate Bill 497 is a bill introduced to the Alabama Senate by Senator Roger Bedford which would create the Alabama Indigent Defense Commission which would be required to hold open meetings. ^[52]

Senate Bill 508 is a bill introduced to the Alabama Senate by Senator Steve French which defines rules and regulations for the creation of charter schools under certain conditions. The bill requires charter schools to follow state open meetings and state open records laws. ^[53]

Senate Bill 577 is a bill introduced to the Alabama Senate by Senator Rodger Smitherman which would create an Office of Administrative Hearings and a State Advisory Council on Administrative Hearings which would create rules, regulations and powers to govern Administrative Hearings. These hearings would be subject to Alabama's Open Meetings Law. ^[54]

Senate Bill 96 is a bill introduced to the Alabama Senate by Senator Wendell Mitchell which would require any municipality to give public notice and hold an open meeting if it receives an application or proposal regarding changes in the areas' public waste management system. The bill also places a restriction on how long after the application is submitted before the government body must act on the proposal. ^[55]

Senate Concurrent Resolution 1 is a resolution proposed to the Colorado State Senate by Sen. Rollie Heath and Rep. Mark Ferrandino which would create the Constitutional Review Commission, which would be required to hold open meetings.^[56]