2001 REGULAR SESSION (71st)                                                                       A AB225 R1 967

Amendment No. 967

 

Senate Amendment to Assembly Bill No. 225  First Reprint                                                  (BDR 19‑82)

Proposed by: Committee on Government Affairs

Amendment Box: Resolves conflict with section 2 of S.B. No. 329. Makes substantive change.

Resolves Conflicts with: SB329

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 2, page 2, by deleting lines 13 through 34 and inserting:

     “(b) A commitment or promise made by a majority of the members present during a meeting of a public body;

     (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or

     (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

     2.  “Meeting” [means the] :

     (a) Except as otherwise provided in paragraph (b), means:

          (1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

          (2) Any series of gatherings of members of a public body at which:

              (I) Less than a quorum is present at any individual gathering;

              (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

              (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

     (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:

          (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

          (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.”.

     Amend the title of the bill, fourth line, by deleting:

“certain serial gatherings;” and inserting:

“and exclude certain gatherings of members of a public body;”.