HB1459: HB1459 Local government; allow governing authority of any county or municipal corporation to hold meetings by teleconference

26 LC 64 0070 House Bill 1459 By: Representatives Lupton of the 83 rd, Drenner of the 85 th, Davis of the 87 th, 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 open1 and public meetings, so as to allow the governing authority of any county or municipal2 corporation to hold meetings by teleconference; to require such meetings to be viewable by3 the public and to allow for commentary at such meetings without being physically present;4 to allow the governing body of any agency whose membership is c omposed wholly of5 nonelected members to hold meetings by teleconference; to provide for related matters; to6 repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public10 meetings, is amended in Code Section 50-14-1 of the Official Code of Georgia Annotated,11 relating to meetings to be open to public, limitation on action to contest agency action,12 recording, notice of time and place, access to minutes, and tel econference, by revising13 subsection (h) as follows:14 "(h)(1) The following bodies and committees thereof shall be au thorized to conduct15 meetings by teleconference, provided that any such meeting shal l be considered to be16 H. B. 1459 - 1 - 26 LC 64 0070 conducted in compliance with this chapter so long as the notice required by this chapter17 is provided and, if fewer than a quorum of the members of a body or committee thereof18 are physically present, means have been afforded for the public to have simultaneous19 access to the teleconference meeting:20 (A) Development authorities created pursuant to or authorized by the provisions of21 Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article I X , S e c t i o n V I ,22 Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the23 Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV24 of the Constitution;25 (B) Community improvement districts created pursuant to the provisions of Article IX,26 Section VII of the Georgia Constitution;27 (C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31;28 (D) The board of trustees or other governing body of any large retirement system as29 such term is defined in subsection (a) of Code Section 47-20-84;30 (E) The board of trustees of any county or regional public library created pursuant to31 Part 2 of Article 2 of Chapter 5 of Title 20; provided, however, that such meetings:32 (i) Shall be held at a physical location with at least 50 percent of the board members33 physically present; and34 (ii) Shall provide one or more methods for public viewing of s uch meetings and35 providing commentary at such meetings without being physically present at such36 meetings; and37 (F) Community service boards created pursuant to Article 1 of Chapter 2 of Title 37;38 provided, however, that such meetings:39 (i) Shall be held at a physical location with at least 50 percent of the board members40 physically present; and41 H. B. 1459 - 2 - 26 LC 64 0070 (ii) Shall provide one or more methods for public viewing of s uch meetings and42 providing commentary at such meetings without being physically present at such43 meetings;44 (G) The governing authority of any county or municipal corpora tion; provided,45 however, that such meetings provide one or more methods for public viewing of such46 meetings and providing commentary without being physically present at such meetings. 47 This subparagraph shall apply to meetings which:48 (i) Are for the primary purpose of considering zoning related matters for which49 public hearings are required; or50 (ii) Are meetings of a committee of the whole or other committee at which no official51 action will be taken; and52 (H) The governing body of any agency whose membership is compo sed wholly of53 nonelected members.54 (2) The participation by teleconference of members of such bodies or committees thereof55 means full participation in the same manner as if such members were physically present. 56 In the event such teleconference meeting is a public hearing, and if fewer than a quorum57 of the members of a body or committee thereof are physically present, then members of58 the public shall be afforded the means to participate fully in the same manner as if such59 members of the public were physically present."60 SECTION 2.61 All laws and parts of laws in conflict with this Act are repealed.62 H. B. 1459 - 3 -