Kentucky 2022 Regular Session Status: Enacted

HB 453 — AN ACT relating to open meetings.

Last action — signed by Governor (Acts Ch. 37)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2022. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 61.810, relating to exceptions for open meetings for any public agency, to include within the exceptions any state or local law, in addition to laws under KRS Chapter 45A or 56, where a group is established to select a successful bidder for an award of a local contract;amend KRS 61.826, relating to video teleconferencing, to require any public agency to provide specific information regarding where any member of the media or public may view the meeting electronically; require the identification of a primary physical location of the video teleconference where all members of the public agency who are participating may be seen and heard, if the public agency provides a physical location for the meeting, or where two or more members of the public agency are attending a video teleconference meeting from the same physical location; require all public agency members who participate in a video teleconference to remain on camera all the time business is being discussed; amend KRS 83A.150, relating to cities operating under a city manager form of government, to allow the city board to meet in closed session no more than two times a year to conduct a performance evaluation of the city manager; stipulate that the board must follow KRS 61.815, and that the records of the meeting are subject to the Open Records Act.

Bill Text

What changed in the latest version

151 added · 194 removed

Plain-language change summary

The recent amendment to HB 453 adds more specific language about what qualifies as closed meetings under Kentucky's open meetings law. Notably, it clarifies the exceptions for discussions involving public agencies and businesses, ensuring that important matters, like potential property transactions or negotiations, can be kept private to protect economic interests. This change is significant as it aims to balance transparency with the need for confidentiality in sensitive discussions, which can ultimately lead to better decision-making for public agencies and their communities.

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UNOFFICIAL COPY 22 RS HB 453/GA AN ACT relating to open meetings.
CHAPTER 37 1 CHAPTER 37 ( HB 453 ) AN ACT relating to open meetings.
(j) Deliberations of judicial or quasi-judicial bodies regarding individual Page 1 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency's governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;
(j) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency's governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;
(2) Notice of a video teleconference meeting shall:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Notice of a video teleconference meeting shall:
Page 2 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA (c) Provide specific information on how any member of the public or media organization may view the meeting electronically;
(c) Provide specific information on how any member of the public or media organization may view the meeting electronically;
(2) Each city under this section shall be governed by an elected officer who shall be called mayor and by elected legislative body members who shall be called city Page 3 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA commissioners and which together shall be known as the board of commissioners and by such other officers and employees as may be provided for by statute or city ordinance.
(2) Each city under this section shall be governed by an elected officer who shall be called mayor and by elected legislative body members who shall be called city commissioners and which together shall be known as the board of commissioners and by such other officers and employees as may be provided for by statute or city ordinance.
and (d) Notwithstanding Section 1 of this Act, the board may meet in a closed Page 4 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA session no more than two (2) times per calendar year for the purposes of conducting a performance evaluation of the city manager.
and (d) Notwithstanding Section 1 of this Act, the board may meet in a closed session no more than two (2) times per calendar year for the purposes of conducting a performance evaluation of the city manager.
(5) The board shall by ordinance establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare.
CHAPTER 37 3 (5) The board shall by ordinance establish all appointive offices and the duties and responsibilities of those offices and codes, rules, and regulations for the public health, safety, and welfare.
No officer or employee of the city shall be appointed or removed except through action by the board, except that the city manager may fill vacancies in the classified service pending the Page 5 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA appointment by the board and may employ personnel for temporary positions subject to such conditions as may be imposed by the board;
No officer or employee of the city shall be appointed or removed except through action by the board, except that the city manager may fill vacancies in the classified service pending the appointment by the board and may employ personnel for temporary positions subject to such conditions as may be imposed by the board;
By the preliminary resolution, the board may suspend the city manager from duty, but shall in any event cause to be paid to him any unpaid balance of his compensation and Page 6 of 7 HB045310.100 - 1703 - XXXX GA UNOFFICIAL COPY 22 RS HB 453/GA compensation for the next calendar month following adoption of the preliminary resolution.
By the preliminary resolution, the board may suspend the city manager from duty, but shall in any event cause to be paid to him any unpaid balance of his compensation and compensation for the next calendar month following adoption of the preliminary resolution.
Page 7 of 7 HB045310.100 - 1703 - XXXX GA
Signed by Governor March 25, 2022.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 37)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 37-1

  7. passed over and retained in the Orders of the Day

  8. posted for passage in the Regular Orders of the Day for Monday, March 21, 2022

  9. 2nd reading, to Rules

  10. reported favorably, 1st reading, to Calendar

  11. to State & Local Government (S)

  12. to Committee on Committees (S)

  13. received in Senate

  14. 3rd reading, passed 77-13 with Floor Amendment (1)

  15. floor amendment (1) filed

  16. posted for passage in the Regular Orders of the Day for Friday, February 11, 2022

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar

  19. to Local Government (H)

  20. to Committee on Committees (H)

  21. introduced in House

Sponsors

  • J. Dixon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 137 not signed on · 7 voted No

Sponsors (1)

  • J. Dixon

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE HB 453

Passed 37 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18100
Republican 17000
Democrat 2000
Total 37100
% of votes cast 97%3%0%0%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Parrett — Yea
Thomas — Yea
Hornback — Yea
Turner — Yea
Schickel — Yea
Kerr — Yea
Schroder — Yea
Castlen — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Southworth — Yea
Embry — Yea
Nemes — Yea
Thayer — Yea
Yates — Yea
McGarvey — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 77 Yea · 13 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 46205
Unaffiliated 27704
Democrat 4400
Total 771309
% of votes cast 78%13%0%9%
How each member voted (99)
Member Party Vote
Minter — Yea
Sheldon — Yea
Bechler — Yea
Fischer — Yea
Nemes — Yea
Smith — Yea
Bentley — Yea
Koenig — Yea
Pratt — Yea
Thomas — Yea
Prunty — Yea
Timoney — Yea
Raymond — Yea
Massey — Yea
McCoy — Yea
Webber — Yea
Hatton — Yea
Rowland — Yea
Dixon — Yea
Westrom — Yea
Donohue — Yea
Santoro — Yea
Wheatley — Yea
Graham — Nay
Burch — Nay
Jenkins — Nay
Scott — Nay
Flood — Nay
Palumbo — Nay
Cantrell — Not Voting
Meredith — Not Voting
DuPlessis — Not Voting
Heath — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Nay
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Nay
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Chris Freeland Republican Yea
Chris Fugate Republican Not Voting
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Not Voting
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 453 do?
Amend KRS 61.810, relating to exceptions for open meetings for any public agency, to include within the exceptions any state or local law, in addition to laws under KRS Chapter 45A or 56, where a group is established to select a successful bidder for an award of a local contract;amend KRS 61.826, relating to video teleconferencing, to require any public agency to provide specific information regarding where any member of the media or public may view the meeting electronically; require the identification of a primary physical location of the video teleconference where all members of the public agency who are participating may be seen and heard, if the public agency provides a physical location for the meeting, or where two or more members of the public agency are attending a video teleconference meeting from the same physical location; require all public agency members who participate in a video teleconference to remain on camera all the time business is being discussed; amend KRS 83A.150, relating to cities operating under a city manager form of government, to allow the city board to meet in closed session no more than two times a year to conduct a performance evaluation of the city manager; stipulate that the board must follow KRS 61.815, and that the records of the meeting are subject to the Open Records Act.
Who sponsors HB 453?
HB 453 is sponsored by J. Dixon.
What is the current status of HB 453?
This bill has been enacted into law. Introduced February 03, 2022. Enacted.
Where can I track HB 453?
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