H.B. 66

1

RECORDS OF LOCAL GOVERNMENT
2 MEETINGS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Tammy J. Rowan
6 AN ACT RELATING TO THE UTAH MUNICIPAL CODE AND COUNTIES; REQUIRING
7 MUNICIPALITIES AND COUNTIES TO MAKE AND KEEP AN ELECTRONIC RECORDING
8 OF OPEN MEETINGS; PROVIDING AN EXCEPTION; PROVIDING AN ALTERNATE
9 METHOD OF KEEPING THE RECORDING; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 10-3-603, as enacted by Chapter 48, Laws of Utah 1977
13 52-4-7, as last amended by Chapter 17, Laws of Utah 1978
14 ENACTS:
15 17-15-28, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 10-3-603 is amended to read:
18 10-3-603. Public records.
19 (1) (a) The [governing] legislative body of each municipality shall:
20 (i) keep a journal of its proceedings[. The]; and
21 (ii) make an electronic audio recording of each open meeting of the legislative body,
22 except a public hearing at which the municipal legislative body takes no action.
23 (b) A recorder may, after 30 days after the meeting that is the subject of the recording,
24 deposit the electronic audio recording made under Subsection (1)(a)(ii) with the state archivist of
25 the Division of Archives and Records Services within the Department of Administrative Services
26 under Title 63, Chapter 2, Part 9, Archives and Records Service, who shall then maintain the
27 recording as provided in Title 63, Chapter 2, Government Records Access and Management Act.

28 (2) Except as provided in Subsection (1)(b), the books, records, accounts, electronic audio
29 recordings, and documents of each municipality shall be kept at the office of the recorder, and
30 approved copies shall be open and available to the public during regular business hours for
31 examination and copying.
32 (3) The [governing] legislative body may by resolution establish reasonable charges for
33 providing copies of its public records to individuals, except when [by law] the municipality [must]
34 is required by law to provide the records without cost to the public.
35 (4) Notwithstanding the requirement under Subsection (1)(a)(ii) to make an electronic
36 audio recording, the official record of a municipal legislative body's open meeting is the approved
37 minutes, not the electronic audio recording.
38 Section 2. Section 17-15-28 is enacted to read:
39 17-15-28. Recording of open meetings -- Keeping recording -- Charges for copies of
40 public records.
41 (1) The legislative body of each county shall make an electronic audio recording of each
42 open meeting of the legislative body, except a public hearing at which the legislative body takes
43 no action.
44 (2) A county clerk may, after 30 days after the meeting that is the subject of the recording,
45 deposit the electronic audio recording made under Subsection (1) with the state archivist of the
46 Division of Archives and Records Services within the Department of Administrative Services
47 under Title 63, Chapter 2, Part 9, Archives and Records Service, who shall then maintain the
48 recording as provided in Title 63, Chapter 2, Government Records Access and Management Act.
49 (3) Except as provided in Subsection (2), the county clerk shall keep the electronic
50 recordings at the office of the county clerk and shall keep the recordings open and available to the
51 public during regular business hours for examination and copying.
52 (4) The legislative body may by resolution establish reasonable charges for providing
53 copies of its public records to individuals, except when the county is required by law to provide
54 the records without cost to the public.
55 (5) Notwithstanding the requirement under Subsection (1) to make an electronic audio
56 recording, the official record of a county legislative body's open meeting is the approved minutes,
57 not the electronic audio recording.
58 Section 3. Section 52-4-7 is amended to read:

59 52-4-7. Minutes of open meetings -- Public records -- Recording of meetings.
60 (1) Written minutes shall be kept of all open meetings. [Such] The minutes shall include:
61 (a) the date, time, and place of the meeting;
62 (b) the names of members present and absent;
63 (c) the substance of all matters proposed, discussed, or decided, and a record, by individual
64 member, of votes taken;
65 (d) the names of all citizens who appeared and the substance in brief of their testimony;
66 and
67 (e) any other information that any member requests be entered in the minutes.
68 (2) Written minutes shall be kept of all closed meetings. [Such] The minutes shall include:
69 (a) the date, time, and place of the meeting;
70 (b) the names of members present and absent; and
71 (c) the names of all others present except where [such] disclosure would infringe on the
72 confidence necessary to fulfill the original purpose of closing the meeting.
73 (3) The minutes are public records and shall be available within a reasonable time after
74 the meeting.
75 (4) All or any part of an open meeting may be recorded by any person in attendance;
76 provided, the recording does not interfere with the conduct of the meeting.
77 (5) (a) In addition to the requirements of this chapter, each county legislative body shall
78 also comply with the requirements of Section 17-15-28 , and the legislative body of each city and
79 town shall also comply with the requirements of Section 10-3-603 , relating to the making of an
80 electronic audio recording.
81 (b) Failure to make an electronic audio recording as required under Subsection (5)(a) due
82 to an equipment malfunction is not a violation of this chapter and may not subject a county or
83 municipality to liability under this chapter.




Legislative Review Note
as of 12-22-99 9:35 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel