First Substitute S.J.R. 7

Senator Lyle W. Hillyard proposes the following substitute bill:

1 JOINT RULES RESOLUTION -
2 AUTHORIZING ELECTRONIC COMMITTEE
3 MEETINGS
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Lyle W. Hillyard
7 House Sponsor: Roger E. Barrus
8
9 LONG TITLE
10 General Description:
11 This bill authorizes legislative interim committees, task forces, and subcommittees to
12 allow some members to participate in the meeting electronically from a remote location.
13 Highlighted Provisions:
14 This resolution:
15 . authorizes certain legislative committees to conduct electronic meetings; and
16 . establishes standards and requirements for notice and conduct of those meetings.
17 Special Clauses:
18 None
19 Legislative Rules Affected:
20 ENACTS:
21 IR3-1-105
22
23 Be it resolved by the Legislature of the state of Utah:
24 Section 1. IR3-1-105 is enacted to read:
25 IR3-1-105. Electronic Meetings.

26 (1) As used in this rule:
27 (a) "Anchor location" means the physical location in the building and city where the
28 committee would normally meet and from which the electronic meeting originates or from
29 which the participants are connected.
30 (b) "Committee" means an interim committee, special committee, or subcommittee of
31 the Legislature.
32 (c) "Electronic meeting" means a public meeting of a committee that is partially
33 convened or conducted by means of a telephonic, telecommunications, or computer conference.
34 (d) "Electronic notice" means electronic mail or fax.
35 (e) "Monitor" means to:
36 (i) hear live, by speaker, or by other equipment, all of the public statements of each
37 member of the committee who is participating in a meeting; or
38 (ii) see and hear, by computer screen or other visual medium, all of the public
39 statements of each member of the committee who is participating in a meeting.
40 (f) "Participate" means the ability to communicate with all of the members of a
41 committee, either verbally or electronically, so that each member of the committee can hear or
42 see the communication.
43 (g) "Public hearing" means a committee meeting at which comments from the public
44 will be accepted.
45 (h) "Public statement" means a statement made in the ordinary course of business of
46 the committee with the intent that all other members of the public body receive it.
47 (i) "Remote location" means a location other than the anchor location from which a
48 committee member may participate in the meeting.
49 (2) A committee chair may, by following the procedures and requirements of this
50 section, convene and conduct an electronic meeting.
51 (3) (a) A committee member who will be more than 50 miles away from the anchor
52 location on the day and at the time of a scheduled meeting may request that the chair allow the
53 member to participate from a remote location.
54 (b) If a committee member wishes to participate in a committee meeting from a remote
55 location, the committee member shall, at least three days before the meeting, contact the
56 committee chair and request that the chair convene and conduct an electronic meeting.

57 (c) After receiving the request, the chair shall:
58 (i) determine whether or not the committee member will be more than 50 miles away
59 from the anchor location on the day and at the time of a scheduled meeting;
60 (ii) if the committee member will be more than 50 miles away from the anchor location
61 on that day and time, consult with committee staff to determine whether or not there are
62 sufficient equipment and connections to allow the committee member to participate from a
63 remote location; and
64 (iii) obtain permission from the President of the Senate and the Speaker of the House
65 to conduct an electronic meeting.
66 (d) If the president and speaker approve, if sufficient equipment and connections exist,
67 and if no more than one other committee member has been approved to attend from a remote
68 location, the chair may grant the committee member's request to participate from a remote
69 location.
70 (4) A chair convening or conducting an electronic meeting shall:
71 (a) establish the anchor location for the public meeting in the building and city where
72 the committee would normally meet if it were not holding an electronic meeting;
73 (b) provide space and facilities at the anchor location so that interested persons and the
74 public may attend and monitor the open portions of the meeting;
75 (c) if the meeting is a public hearing, or if the chair intends to allow public comment,
76 provide space and facilities at the anchor location so that interested persons and the public may
77 attend, monitor, and participate in the open portions of the meeting; and
78 (d) if necessary, establish and communicate protocols and procedures governing the
79 electronic meeting to ensure order and fair opportunities to participate by those committee
80 members participating electronically at one or more remote locations and at the anchor
81 location.
82 (5) A chair convening or conducting an electronic meeting shall ensure that:
83 (a) public notice of the meeting as required by Section 52-4-202 of the Utah Code is
84 given including posting written notice at the anchor location; and
85 (b) in addition to giving public notice required by Subsection (5)(a), notice of the
86 electronic meeting given to committee members at least 24 hours before the meeting shall
87 describe how the committee members will be connected to the electronic meeting.

88 (6) A committee member participating from a remote location is included in
89 calculating a quorum and may vote.