House Bill 1459
By: Representatives Lupton of the 83rd, Drenner of the 85th, Davis of the 87th, Tran of the
80th, and Oliver of the 84th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open
and public meetings, so as to allow the governing authority of any county or municipal
corporation to hold meetings by teleconference; to require such meetings to be viewable by
the public and to allow for commentary at such meetings without being physically present;
to allow the governing body of any agency whose membership is composed wholly of
nonelected members to hold meetings by teleconference; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public
meetings, is amended in Code Section 50-14-1 of the Official Code of Georgia Annotated,
relating to meetings to be open to public, limitation on action to contest agency action,
recording, notice of time and place, access to minutes, and teleconference, by revising
subsection (h) as follows:
"(h)(1) The following bodies and committees thereof shall be authorized to conduct
meetings by teleconference, provided that any such meeting shall be considered to be
conducted in compliance with this chapter so long as the notice required by this chapter
is provided and, if fewer than a quorum of the members of a body or committee thereof
are physically present, means have been afforded for the public to have simultaneous
access to the teleconference meeting:
(A) Development authorities created pursuant to or authorized by the provisions of
Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI,
Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the
Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV
of the Constitution;
(B) Community improvement districts created pursuant to the provisions of Article IX,
Section VII of the Georgia Constitution;
(C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31;
(D) The board of trustees or other governing body of any large retirement system as
such term is defined in subsection (a) of Code Section 47-20-84;
(E) The board of trustees of any county or regional public library created pursuant to
Part 2 of Article 2 of Chapter 5 of Title 20; provided, however, that such meetings:
(i) Shall be held at a physical location with at least 50 percent of the board members
physically present; and
(ii) Shall provide one or more methods for public viewing of such meetings and
providing commentary at such meetings without being physically present at such
meetings; <del>and
</del> (F) Community service boards created pursuant to Article 1 of Chapter 2 of Title 37;
provided, however, that such meetings:
(i) Shall be held at a physical location with at least 50 percent of the board members
physically present; and
(ii) Shall provide one or more methods for public viewing of such meetings and
providing commentary at such meetings without being physically present at such
meetings;
<ins>(G) The governing authority of any county or municipal corporation; provided,
however, that such meetings provide one or more methods for public viewing of such
meetings and providing commentary without being physically present at such meetings.
This subparagraph shall apply to meetings which:
(i) Are for the primary purpose of considering zoning related matters for which
public hearings are required; or
(ii) Are meetings of a committee of the whole or other committee at which no official
action will be taken; and
(H) The governing body of any agency whose membership is composed wholly of
nonelected members.
</ins> (2) The participation by teleconference of members of such bodies or committees thereof
means full participation in the same manner as if such members were physically present.
In the event such teleconference meeting is a public hearing, and if fewer than a quorum
of the members of a body or committee thereof are physically present, then members of
the public shall be afforded the means to participate fully in the same manner as if such
members of the public were physically present."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.