S.B. 77

1

AVAILABILITY OF GOVERNMENT INFORMATION
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Deidre M. Henderson
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the availability of government information.
10 Highlighted Provisions:
11 This bill:
12 . requires pending and approved minutes to be posted on the Utah Public Notice
13 Website;
14 . modifies provisions regarding the manner and time of making minutes public;
15 . requires the Utah Transparency Advisory Board to study how government can
16 improve publicly available information and to report the results of its study to a
17 legislative committee; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 52-4-203, as last amended by Laws of Utah 2009, Chapter 137
26 63A-3-403, as last amended by Laws of Utah 2010, Chapter 286
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 52-4-203 is amended to read:
30 52-4-203. Written minutes of open meetings -- Public records -- Recording of
31 meetings.
32 (1) Except as provided under Subsection (7), written minutes and a recording shall be
33 kept of all open meetings.
34 (2) Written minutes of an open meeting are the official record of action taken at the
35 meeting and shall include:
36 (a) the date, time, and place of the meeting;
37 (b) the names of members present and absent;
38 (c) the substance of all matters proposed, discussed, or decided by the public body
39 which may include a summary of comments made by members of the public body;
40 (d) a record, by individual member, of each vote taken by the public body;
41 (e) the name of each person who:
42 (i) is not a member of the public body; and
43 (ii) after being recognized by the presiding member of the public body, provided
44 testimony or comments to the public body;
45 (f) the substance, in brief, of the testimony or comments provided by the public under
46 Subsection (2)(e); and
47 (g) any other information that is a record of the proceedings of the meeting that any
48 member requests be entered in the minutes or recording.
49 (3) A recording of an open meeting shall:
50 (a) be a complete and unedited record of all open portions of the meeting from the
51 commencement of the meeting through adjournment of the meeting; and
52 (b) be properly labeled or identified with the date, time, and place of the meeting.
53 [(4) The written minutes and recording of an open meeting are public records under
54 Title 63G, Chapter 2, Government Records Access and Management Act, as follows:]
55 [(a) Written minutes that have been prepared in a form awaiting only formal approval
56 by the public body are a public record.]
57 [(b) Written minutes shall be available to the public within a reasonable time after the
58 end of the meeting.]

59 [(c) Written minutes that are made available to the public before approval by the public
60 body under Subsection (4)(d) shall be clearly identified as "awaiting formal approval" or
61 "unapproved" or with some other appropriate notice that the written minutes are subject to
62 change until formally approved.]
63 (4) (a) As used in this Subsection (4):
64 (i) "Approved minutes" means written minutes:
65 (A) of an open meeting; and
66 (B) that have been approved by the public body that held the open meeting.
67 (ii) "Pending minutes" means written minutes:
68 (A) of an open meeting; and
69 (B) that have been prepared in a form awaiting only the approval of the public body
70 that held the open meeting.
71 (b) Pending minutes, approved minutes, and a recording of a public meeting are public
72 records under Title 63G, Chapter 2, Government Records Access and Management Act.
73 (c) Pending minutes shall contain a clear indication that the public body has not yet
74 approved the minutes or that the minutes are subject to change until the public body approves
75 them.
76 (d) A public body shall:
77 (i) within seven business days after the public body holds an open meeting:
78 (A) make a copy of pending minutes from that meeting available to the public at the
79 public body's primary office; and
80 (B) post the pending minutes on the Utah Public Notice Website created under Section
81 63F-1-701 ;
82 (ii) within 48 hours after the public body adopts written minutes of an open meeting:
83 (A) make a copy of the approved minutes available to the public at the public body's
84 primary office; and
85 (B) post the approved minutes on the Utah Public Notice Website created under
86 Section 63F-1-701 ; and
87 (iii) within three business days after the public body holds an open meeting, post an
88 audio recording of the open meeting, or a link to the recording, on the Utah Public Notice
89 Website created under Section 63F-1-701 .

90 [(d)] (e) A public body shall establish and implement procedures for the public body's
91 approval of the written minutes of each meeting.
92 [(e) Written minutes are the official record of action taken at the meeting.]
93 [(f) A recording of an open meeting shall be available to the public for listening within
94 three business days after the end of the meeting.]
95 (5) All or any part of an open meeting may be independently recorded by any person in
96 attendance if the recording does not interfere with the conduct of the meeting.
97 (6) The written minutes or recording of an open meeting that are required to be retained
98 permanently shall be maintained in or converted to a format that meets long-term records
99 storage requirements.
100 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
101 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
102 by the public body; or
103 (b) an open meeting of a local district under Title 17B, Limited Purpose Local
104 Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
105 Special Service District Act, if the district's annual budgeted expenditures for all funds,
106 excluding capital expenditures and debt service, are $50,000 or less.
107 Section 2. Section 63A-3-403 is amended to read:
108 63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --
109 Duties.
110 (1) There is created within the division the Utah Transparency Advisory Board
111 comprised of members knowledgeable about public finance or providing public access to
112 public financial information as follows:
113 (a) one member designated by the director of the Division of Finance;
114 (b) one member designated by the director of the Governor's Office of Planning and
115 Budget;
116 (c) one member appointed by the governor on advice from the Judicial Council, who
117 shall serve until June 30, 2009;
118 (d) one member appointed by the governor on advice from the Legislative Fiscal
119 Analyst;
120 (e) one member of the Senate, appointed by the governor on advice from the president

121 of the Senate;
122 (f) one member of the House of Representatives, appointed by the governor on advice
123 from the speaker of the House of Representatives;
124 (g) one member designated by the director of the Department of Technology Services;
125 (h) one member appointed by the governor from a state institution of higher education,
126 who shall serve for one year beginning on July 1, 2009 and ending on June 30, 2010; and
127 (i) three additional members appointed by the governor, who shall each serve one-year
128 terms as follows:
129 (i) for the term beginning on July 1, 2009 and ending on June 30, 2010, represent the
130 following entities:
131 (A) a school district;
132 (B) a charter school; and
133 (C) a public transit district created under Title 17B, Chapter 2a, Part 8, Public Transit
134 District Act; and
135 (ii) for the term beginning on July 1, 2010 and ending on June 30, 2011, represent the
136 following entities:
137 (A) a county;
138 (B) a municipality; and
139 (C) (I) a local district under Title 17B, Limited Purpose Local Government Entities -
140 Local Districts, that is not a public transit district created under Title 17B, Chapter 2a, Part 8,
141 Public Transit District Act; or
142 (II) a special service district under Title 17D, Chapter 1, Special Service District Act.
143 (2) The board shall:
144 (a) advise the division on matters related to the implementation and administration of
145 this part;
146 (b) develop plans, make recommendations, and assist in implementing the provisions
147 of this part;
148 (c) determine what public financial information shall be provided by participating state
149 and local entities, provided that the public financial information:
150 (i) only includes records that:
151 (A) are classified as public under Title 63G, Chapter 2, Government Records Access

152 and Management Act;
153 (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
154 revenues, regardless of the source; and
155 (C) are owned, held, or administered by the participating state or local entity that is
156 required to provide the record; and
157 (ii) is of the type or nature that should be accessible to the public via a website based
158 on considerations of:
159 (A) the cost effectiveness of providing the information;
160 (B) the value of providing the information to the public; and
161 (C) privacy and security considerations;
162 (d) evaluate the cost effectiveness of implementing specific information resources and
163 features on the website;
164 (e) establish size or budget thresholds to identify those local entities that qualify as
165 participating local entities as defined in this part, giving special consideration to the budget and
166 resource limitations of an entity with a current annual budget of less than $10,000,000;
167 (f) require participating local entities to provide public financial information in
168 accordance with the requirements of this part, with a specified content, reporting frequency,
169 and form;
170 (g) require a participating local entity's website to be accessible by link or other direct
171 route from the Utah Public Finance Website if the participating local entity does not use the
172 Utah Public Finance Website; [and]
173 (h) determine the search methods and the search criteria that shall be made available to
174 the public as part of a website used by a participating local entity under the requirements of this
175 part, which criteria may include:
176 (i) fiscal year;
177 (ii) expenditure type;
178 (iii) name of the agency;
179 (iv) payee;
180 (v) date; and
181 (vi) amount[.]; and
182 (i) (i) study how state and local government can improve the amount and quality of

183 information that is available to the public concerning the operations of state and local
184 government in conducting the people's business; and
185 (ii) report the results of its study, including any recommendations, to the Government
186 Operations Interim Committee by November 30, 2013.
187 (3) The board shall annually elect a chair and a vice chair from its members.
188 (4) (a) Except for a member appointed under Subsections (1)(c) and (h), each member
189 shall serve a two-year term.
190 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
191 appointed for the remainder of the unexpired term.
192 (5) The board shall meet as it determines necessary to accomplish its duties.
193 (6) Reasonable notice shall be given to each member of the board before any meeting.
194 (7) A majority of the board constitutes a quorum for the transaction of business.
195 (8) A member may not receive compensation or benefits for the member's service, but
196 may receive per diem and travel expenses in accordance with:
197 (a) Section 63A-3-106 ;
198 (b) Section 63A-3-107 ; and
199 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
200 63A-3-107 .




Legislative Review Note
as of 2-14-13 9:25 AM

Office of Legislative Research and General Counsel

[Bill Documents]