Open meetings laws.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0165

ENROLLED ACT NO. 109, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to open meetings; providing for a definition; providing for a penalty; providing a limitation on executive sessions; providing for minutes of executive sessions as specified; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 16
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4
‑
408 is created to read:

16
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4
‑
408.

Penalty.

(a)

Any member or members of an agency who knowingly and willfully takes an action in violation of or conspires to take an action in violation of this act shall be guilty of a misdemeanor. Any member of the governing body of an agency who attends or remains at a meeting where an action is taken knowing that the action is in violation of this act shall be guilty of a misdemeanor
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. Either misdemeanor violation under this subsection is
punishable upon conviction by a fine of not more than seven hundred fifty dollars ($750.00).

(b)

If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.

Section 2.
W.S. 9
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7
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104(d), 9
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12
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103(h), 15
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1
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105, 16
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4
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402(a)(iv), 16
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4
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405 by creating new subsections (b) and (c), 16
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10
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107(c), 18
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15
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109(b), 21
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3
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110(a)(xvi)(C), 21
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16
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703(d), 37
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5
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208(d)(iii) and 37
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5
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408(d)(iii) are amended to read:

9
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7
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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
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4
‑
401 through
16
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4
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407
16
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4
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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
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12
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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
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4
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201 through 16
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4
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205 and 16
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4
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401 through
16
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4
‑
407
16
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4
‑
408
shall apply to the council.

15
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1
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105.

Governing bodies; meetings; quorum; executive sessions.

Public meetings of the governing body shall be held in accordance with W.S. 16
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4
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401 through
16
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4
‑
407
16
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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.

16
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4
‑
402.

Definitions.

(a)

As used in this act:

(iv)

"This act" means W.S. 16
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4
‑
401 through
16
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4
‑
407
16
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4
‑
408
.

16
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4
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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.

16
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10
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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
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4
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201 through 16
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4
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205, the Uniform Municipal Fiscal Procedures Act, W.S. 16
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4
‑
101 through 16
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4
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124, and the Public Meetings Act, W.S. 16
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4
‑
401 through
16
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4
‑
407
16
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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
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15
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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
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4
‑
401 through
16
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4
‑
407
16
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4
‑
408
.

21
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3
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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
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4
‑
401 through
16
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4
‑
407
16
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4
‑
408
.

21
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16
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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
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5
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208.

Powers; duties; limitations.

(d)

The authority is subject to the requirements of:

(iii)

W.S. 16
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4
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401 through
16
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4
‑
407
16
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4
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408
.

37
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5
‑
408.

Powers; duties; limitations.

(d)

The authority is subject to the requirements of:

(iii)

W.S. 16
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4
‑
401 through
16
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4
‑
407
16
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4
‑
408
.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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