H2428B2837A04145 AJB:EJH 04/27/22 #90 A04145
AMENDMENTS TO HOUSE BILL NO. 2428
Sponsor: REPRESENTATIVE B. MILLER
Printer's No. 2837
Amend Bill, page 1, line 4, by inserting after "meetings,"
for public notice,
Amend Bill, page 1, by inserting between lines 17 and 18
"Broadcast." The transmission of a meeting via radio,
television, telecommunications, Internet website or any other
electronic means, which is intended to be received by or
available to the public. The term shall not include the
recording of a meeting.
Amend Bill, page 2, line 1, by striking out the bracket
before "and"
Amend Bill, page 2, line 1, by striking out "],"
Amend Bill, page 2, lines 2 and 3, by striking out ", method
of broadcast and acceptance of remote public comment, if
applicable,"
Amend Bill, page 3, line 8, by striking out the period after
"meeting" and inserting
at the time when the minutes of the meeting are
approved.
Section 3. Section 709(c.1)(1) of Title 65 is amended by
adding subparagraphs to read:
ยง 709. Public notice.
* * *
(c.1) Notification of agency business to be considered.--
(1) In addition to any public notice required under this
section, an agency shall provide the following notification
of agency business to be considered at a meeting as follows:
* * *
(iv) If the agency broadcasts the meeting, the
agenda shall include information on the method of
broadcast.
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(v) If the agency adopts rules for remote public
comment under section 711(d) (relating to use of
equipment during meetings), the agenda shall include
information on where the rules for remote public comment
can be accessed.
* * *
Amend Bill, page 3, line 9, by striking out "3" and inserting
4
Amend Bill, page 3, line 19, by inserting after "(2)"
due to an Internet service outage or other technological
failure of the board or council of a political subdivision or of
the authority created by a political subdivision
Amend Bill, page 3, line 27, by striking out "A board or
council" and inserting
Except as provided under paragraph (3), a board or
council of a political subdivision or of an authority created
by a political subdivision
Amend Bill, page 4, lines 1 through 3, by striking out all of
said lines and inserting
(3) A recording or broadcast of a meeting of the board
or council of a political subdivision or of an authority
created by a political subdivision may not be muted or edited
unless it is essential to exclude speech at the meeting that
is not protected by the First Amendment of the Constitution
of the United States or the speech may expose the board or
council to legal liability if the speech is not excluded.
Speech excluded under this paragraph shall be explained in
the minutes of the meeting. If a recording or broadcast of a
meeting is edited, the board or council shall retain an
archived copy of the unedited recording or broadcast for no
less than one year following the date of the meeting.
Amend Bill, page 4, lines 8 through 11, by striking out "in"
in line 8 and all of lines 9 through 11 and inserting
. Nothing in this paragraph shall be construed to
authorize the board or council holding a meeting at a
physical location to exclude public participation under
section 710.1 at the physical location of the meeting.
Amend Bill, page 5, by inserting between lines 5 and 6
(4) Nothing in this section shall be construed to
require a board or council of a political subdivision or of
an authority created by a political subdivision to accept
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remote public comment as part of the local broadcast rules
under subsection (c).
Amend Bill, page 5, line 6, by striking out "4" and inserting
5
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