FINAL BILL REPORT

HB 1038

                                   C 16 L 89

BYRepresentatives Haugen, S. Wilson, Cooper, May, Leonard, Horn, Nutley, Ferguson, Jones and D. Sommers 

Changing provisions relating to county legislative authority meetings.

House Committe on Local Government

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

Boards of county commissioners are required to hold regular sessions at the county seat on the first Mondays of January, April, July and October.  Boards of county commissioners are permitted to hold special sessions at other times upon giving notice of the special meetings, but the statute authorizing special meetings does not specify where such meetings must or may be held.

No appellate court decisions have been rendered in this state on whether or not a board of county commissioners can adopt an ordinance at a special meeting held outside of the county seat. Courts in other states with similar statutes vary on this issue. The Attorney General has opined that a board of county commissioners in this state may not adopt an ordinance at a meeting held outside of the county seat.

SUMMARY:

County legislative authorities are required to hold regular meetings at the county seat, but are no longer required to do so on a quarterly basis.  County legislative authorities are permitted to hold special meetings outside of the county seat, but within the county, if the agenda items are of unique interest to the citizens of the portion of the county in which the special meeting is to be held.

VOTES ON FINAL PASSAGE:

      House 93   0

      Senate    46     0

EFFECTIVE:July 23, 1989