H.B. 204

1

MODIFICATIONS TO OPEN AND PUBLIC
2 MEETINGS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott L Wyatt
6 Senate Sponsor: Howard A. Stephenson
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Open and Public Meetings Act by amending certain provisions.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions;
14 . clarifies that public bodies created by the Utah Constitution are subject to the
15 requirements of the act;
16 . clarifies that notice of an emergency meeting shall include notice of the time, place,
17 and topics of the meeting;
18 . provides that, at the discretion of the presiding member of the public body, topics
19 raised by the public may be discussed at a meeting even if they have not been placed
20 on the agenda, provided that no final action is taken at the meeting; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 52-4-103, as renumbered and amended by Chapter 14 and last amended by Chapters
29 263 and 265, Laws of Utah 2006
30 52-4-202, as renumbered and amended by Chapter 14 and last amended by Chapter
31 265, Laws of Utah 2006
32 52-4-207, as renumbered and amended by Chapter 14 and last amended by Chapter 17,
33 Laws of Utah 2006
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 52-4-103 is amended to read:
37 52-4-103. Definitions.
38 As used in this chapter:
39 (1) "Anchor location" means the physical location from which:
40 (a) an electronic meeting originates; or
41 (b) the participants are connected.
42 (2) "Convening" means the calling of a meeting of a public body by a person
43 authorized to do so for the express purpose of discussing or acting upon a subject over which
44 that public body has jurisdiction or advisory power.
45 (3) "Electronic meeting" means a public meeting convened or conducted by means of a
46 conference using electronic communications.
47 (4) (a) "Meeting" means the convening of a public body, with a quorum present,
48 including a workshop or an executive session whether the meeting is held in person or by
49 means of electronic communications, for the purpose of discussing, receiving comments from
50 the public about, or acting upon a matter over which the public body has jurisdiction or
51 advisory power.
52 (b) "Meeting" does not mean:
53 (i) a chance meeting;
54 (ii) a social meeting; or
55 (iii) the convening of a public body that has both legislative and executive
56 responsibilities where no public funds are appropriated for expenditure during the time the
57 public body is convened and:
58 (A) the public body is convened solely for the discussion or implementation of

59 administrative or operational matters for which no formal action by the public body is required;
60 or
61 (B) the public body is convened solely for the discussion or implementation of
62 administrative or operational matters that would not come before the public body for
63 discussion or action.
64 (5) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
65 public statements of each member of the public body who is participating in a meeting.
66 (6) "Participate" means the ability to communicate with all of the members of a public
67 body, either verbally or electronically, so that each member of the public body can hear or
68 observe the communication.
69 (7) (a) "Public body" means any administrative, advisory, executive, or legislative body
70 of the state or its political subdivisions that:
71 (i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
72 (ii) consists of two or more persons;
73 (iii) expends, disburses, or is supported in whole or in part by tax revenue; and
74 (iv) is vested with the authority to make decisions regarding the public's business.
75 (b) "Public body" does not include a:
76 (i) political party, political group, or political caucus; or
77 (ii) conference committee, rules committee, or sifting committee of the Legislature.
78 [(8) "Public hearing" means a portion of a meeting in which comments from the public
79 will be accepted.]
80 [(9)] (8) "Public statement" means a statement made in the ordinary course of business
81 of the public body with the intent that all other members of the public body receive it.
82 [(10)] (9) (a) "Quorum" means a simple majority of the membership of a public body,
83 unless otherwise defined by applicable law.
84 (b) "Quorum" does not include a meeting of two elected officials by themselves when
85 no action, either formal or informal, is taken on a subject over which these elected officials
86 have advisory power.
87 [(11)] (10) "Recording" means an audio, or an audio and video, record of the
88 proceedings of a meeting that can be used to review the proceedings of the meeting.
89 Section 2. Section 52-4-202 is amended to read:

90 52-4-202. Public notice of meetings -- Emergency meetings -- Discussion and
91 action on topics not included on an agenda.
92 (1) A public body shall give not less than 24 hours public notice of each meeting
93 including the meeting:
94 (a) agenda;
95 (b) date;
96 (c) time; and
97 (d) place.
98 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
99 regular meetings that are scheduled in advance over the course of a year shall give public
100 notice at least once each year of its annual meeting schedule as provided in this section.
101 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
102 the scheduled meetings.
103 (3) Public notice shall be satisfied by:
104 (a) posting written notice at the principal office of the public body, or if no principal
105 office exists, at the building where the meeting is to be held; and
106 (b) providing notice to:
107 (i) at least one newspaper of general circulation within the geographic jurisdiction of
108 the public body; or
109 (ii) a local media correspondent.
110 (4) A public body is encouraged to:
111 (a) develop and use electronic means to provide notice of its meetings under
112 Subsection (3)(b);
113 (b) provide public notice to all other media agencies that make a periodic written
114 request to receive them; and
115 (c) post public notice of its meetings on the Internet.
116 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
117 (i) because of unforeseen circumstances it is necessary for a public body to hold an
118 emergency meeting to consider matters of an emergency or urgent nature; and
119 (ii) the public body gives the best notice practicable [is given.] of:
120 (A) the time and place of the emergency meeting; and

121 (B) the topics to be considered at the emergency meeting.
122 (b) An emergency meeting of a public body may not be held unless:
123 (i) an attempt has been made to notify all [of its] the members of the public body; and
124 (ii) a majority of [its members approves holding] the members of the public body
125 approve the meeting.
126 (6) (a) A public notice that is required to include an agenda under Subsection [(2)] (1)
127 shall provide reasonable specificity to notify the public as to the topics to be considered at the
128 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
129 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
130 member of the public body, a topic raised by the public may be discussed during an open
131 meeting, even if the topic raised by the public was not included in the agenda or advance public
132 notice for the meeting.
133 [(b)] (c) Except as provided in Subsection (5) [and Subsection (6)(c)], relating to
134 emergency meetings, a public body may not [consider a topic] take final action on a topic in an
135 open meeting [that is not] unless the topic is:
136 (i) listed under an agenda item [under] as required by Subsection (6)(a); and
137 (ii) included with the [advanced] advance public notice [in accordance with] required
138 by this section.
139 [(c) A topic not listed on the open meeting agenda that is raised during an open
140 meeting may be discussed but no final action may be taken by the public body during that
141 meeting.]
142 Section 3. Section 52-4-207 is amended to read:
143 52-4-207. Electronic meetings -- Authorization -- Requirements.
144 (1) A public body may convene and conduct an electronic meeting in accordance with
145 this section.
146 (2) (a) A public body may not hold an electronic meeting unless the public body has
147 adopted a resolution, rule, or ordinance governing the use of electronic meetings.
148 (b) The resolution, rule, or ordinance may:
149 (i) prohibit or limit electronic meetings based on budget, public policy, or logistical
150 considerations;
151 (ii) require a quorum of the public body to:

152 (A) be present at a single anchor location for the meeting; and
153 (B) vote to approve establishment of an electronic meeting in order to include other
154 members of the public body through an electronic connection;
155 (iii) require a request for an electronic meeting to be made by a member of a public
156 body up to three days prior to the meeting to allow for arrangements to be made for the
157 electronic meeting;
158 (iv) restrict the number of separate connections for members of the public body that are
159 allowed for an electronic meeting based on available equipment capability; or
160 (v) establish other procedures, limitations, or conditions governing electronic meetings
161 not in conflict with this section.
162 (3) A public body that convenes or conducts an electronic meeting shall:
163 (a) give public notice of the meeting:
164 (i) in accordance with Section 52-4-202 ; and
165 (ii) post written notice at the anchor location;
166 (b) in addition to giving public notice required by Subsection (3)(a), provide:
167 (i) notice of the electronic meeting to the members of the public body at least 24 hours
168 before the meeting so that they may participate in and be counted as present for all purposes,
169 including the determination that a quorum is present; and
170 (ii) a description of how the members will be connected to the electronic meeting;
171 (c) establish one or more anchor locations for the public meeting, at least one of which
172 is in the building and political subdivision where the public body would normally meet if they
173 were not holding an electronic meeting;
174 (d) provide space and facilities at the anchor location so that interested persons and the
175 public may attend and monitor the open portions of the meeting; and
176 (e) if [the meeting includes a public hearing] comments from the public will be
177 accepted during the electronic meeting, provide space and facilities at the anchor location so
178 that interested persons and the public may attend, monitor, and participate in the open portions
179 of the meeting.
180 (4) Compliance with the provisions of this section by a public body constitutes full and
181 complete compliance by the public body with the corresponding provisions of Sections
182 52-4-201 and 52-4-202 .

Legislative Review Note
as of 11-17-06 12:09 PM

Office of Legislative Research and General Counsel