SB2394112th GA (Historical)Introduced

Amends TCA Title 8, Chapter 44, Part 1; Title 62 and Title 63.

Present law generally authorizes boards, agencies and commissions of state government, including certain state debt issuers and municipal governing bodies, (collectively referred to as "governing bodies") to allow attendance at public meetings by electronic means, subject to certain requirements. If a physical quorum is not present at the location of a public meeting, present law generally requires the governing body to make a determination of necessity to hold the meeting electronically and forward that determination to the secretary of state within two working days of the meeting date.<br /> <br /> This bill establishes a new procedure for a board, agency, or commission of the executive branch of state government, including a board, agency, or commission that is administratively attached to the executive branch of state government, (collectively referred to as "governing bodies of the executive branch") to hold a public meeting electronically. Under this bill, a governing body of the executive branch will not be required to make a determination of necessity in order to achieve a quorum by electronic means. This bill instead requires governing bodies of the executive branch to meet with a quorum present in person no less than once each year. For additional meetings, a governing body of the executive branch may establish a quorum in person or by electronic or other means of communication. If multiple members will participate at a meeting location in-person, this bill requires the governing body of the executive branch to provide notice of the location and allow public attendance at that meeting location. If one or more members will participate in a meeting electronically, then the notice must specify the means by which a member of the public may access the meeting by electronic means of communication. If more than one calendar year elapses without a governing body of the executive branch meeting with a quorum in person, this bill requires such omission to the secretary of state, and the report must include an explanation of what prevented the body from meeting with a quorum in person at least once during the previous calendar year.<br /> <br /> Present law authorizes hearings for contested cases under the Uniform Administrative Procedures Act to be conducted electronically in the discretion of the administrative judge or hearing officer and agency members and by agreement of the parties. This bill specifies that such present law authorization applies in contested case hearings, but the provisions of this bill concerning electronic meetings conducted by a governing body of the executive branch apply to summary action hearings involving restrictions on licensure in emergency situations.<br /> <br /> This bill makes several clarifications to the present public meetings laws, such as: requiring that notices of meetings to be conducted electronically include instructions for public participation; requiring that all public portions of a meeting that is being held electronically are available to the public; and clarifying that members who participate electronically are not eligible for compensation that required physical presence at the meeting, whether or not that compensation is referred to as a per diem.<br /> <br /> This bill deletes the present law requirements that the state board for licensing contractors and the Tennessee real estate commission meet in each grand division at least one time each year.<br />

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Overview

Present law generally authorizes boards, agencies and commissions of state government, including certain state debt issuers and municipal governing bodies, (collectively referred to as "governing bodies") to allow attendance at public meetings by electronic means, subject to certain requirements. If a physical quorum is not present at the location of a public meeting, present law generally requires the governing body to make a determination of necessity to hold the meeting electronically and forward that determination to the secretary of state within two working days of the meeting date.<br /> <br /> This bill establishes a new procedure for a board, agency, or commission of the executive branch of state government, including a board, agency, or commission that is administratively attached to the executive branch of state government, (collectively referred to as "governing bodies of the executive branch") to hold a public meeting electronically. Under this bill, a governing body of the executive branch will not be required to make a determination of necessity in order to achieve a quorum by electronic means. This bill instead requires governing bodies of the executive branch to meet with a quorum present in person no less than once each year. For additional meetings, a governing body of the executive branch may establish a quorum in person or by electronic or other means of communication. If multiple members will participate at a meeting location in-person, this bill requires the governing body of the executive branch to provide notice of the location and allow public attendance at that meeting location. If one or more members will participate in a meeting electronically, then the notice must specify the means by which a member of the public may access the meeting by electronic means of communication. If more than one calendar year elapses without a governing body of the executive branch meeting with a quorum in person, this bill requires such omission to the secretary of state, and the report must include an explanation of what prevented the body from meeting with a quorum in person at least once during the previous calendar year.<br /> <br /> Present law authorizes hearings for contested cases under the Uniform Administrative Procedures Act to be conducted electronically in the discretion of the administrative judge or hearing officer and agency members and by agreement of the parties. This bill specifies that such present law authorization applies in contested case hearings, but the provisions of this bill concerning electronic meetings conducted by a governing body of the executive branch apply to summary action hearings involving restrictions on licensure in emergency situations.<br /> <br /> This bill makes several clarifications to the present public meetings laws, such as: requiring that notices of meetings to be conducted electronically include instructions for public participation; requiring that all public portions of a meeting that is being held electronically are available to the public; and clarifying that members who participate electronically are not eligible for compensation that required physical presence at the meeting, whether or not that compensation is referred to as a per diem.<br /> <br /> This bill deletes the present law requirements that the state board for licensing contractors and the Tennessee real estate commission meet in each grand division at least one time each year.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
3525482345100475

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