S.B. 169
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision of the Open and Public Meetings Act.
10 Highlighted Provisions:
11 This bill:
12 . defines "public materials";
13 . provides that public materials are public records under the Government Records
14 Access and Management Act;
15 . requires certain public bodies to require an individual who submits public materials
16 at a meeting of the public body to provide an electronic copy of the public materials;
17 and
18 . modifies what certain public bodies are required to post to a website and make
19 available to the public.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 52-4-203 , as last amended by Laws of Utah 2013, Chapter 63
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 shall include:
35 (a) the date, time, and place of the meeting;
36 (b) the names of members present and absent;
37 (c) the substance of all matters proposed, discussed, or decided by the public body
38 which may include a summary of comments made by members of the public body;
39 (d) a record, by individual member, of each vote taken by the public body;
40 (e) the name of each person who:
41 (i) is not a member of the public body; and
42 (ii) after being recognized by the presiding member of the public body, provided
43 testimony or comments to the public body;
44 (f) the substance, in brief, of the testimony or comments provided by the public under
45 Subsection (2)(e); and
46 (g) any other information that is a record of the proceedings of the meeting that any
47 member requests be entered in the minutes or recording.
48 (3) A recording of an open meeting shall:
49 (a) be a complete and unedited record of all open portions of the meeting from the
50 commencement of the meeting through adjournment of the meeting; and
51 (b) be properly labeled or identified with the date, time, and place of the meeting.
52 (4) (a) As used in this Subsection (4):
53 (i) "Approved minutes" means written minutes:
54 (A) of an open meeting; and
55 (B) that have been approved by the public body that held the open meeting.
56 (ii) "Pending minutes" means written minutes:
57 (A) of an open meeting; and
58 (B) that have been prepared in draft form and are subject to change before being
59 approved by the public body that held the open meeting.
60 (iii) "Public materials" means any written, printed, or other materials, and any
61 information in an electronic format, that an individual provides to public body members or to
62 the public, or both, at an open meeting of the public body.
63 [
64 town.
65 [
66 executive, or legislative body of the state.
67 [
68 63F-1-701 .
69 (b) Pending minutes, approved minutes, public materials, and a recording of a public
70 meeting are public records under Title 63G, Chapter 2, Government Records Access and
71 Management Act.
72 (c) Pending minutes shall contain a clear indication that the public body has not yet
73 approved the minutes or that the minutes are subject to change until the public body approves
74 them.
75 (d) A state public body and a specified local public body shall require an individual
76 who submits public materials at an open meeting of the public body to provide the public body,
77 at the time of the meeting, an electronic copy of the submitted public materials.
78 [
79 (i) make pending minutes available to the public within 30 days after holding the open
80 meeting that is the subject of the pending minutes;
81 (ii) within three business days after approving written minutes of an open meeting, post
82 to the website and make available to the public at the public body's primary office a copy of the
83 approved minutes [
84 body distributes at the meeting; and
85 (iii) within three business days after holding an open meeting, post on the website an
86 audio recording of the open meeting, or a link to the recording.
87 [
88 (A) make pending minutes available to the public within 30 days after holding the open
89 meeting that is the subject of the pending minutes;
90 (B) subject to Subsection (4)[
91 written minutes of an open meeting, post to the website and make available to the public at the
92 public body's primary office a copy of the approved minutes [
93 [
94 (C) within three business days after holding an open meeting, make an audio recording
95 of the open meeting available to the public for listening.
96 (ii) A specified local public body of a city of the fifth class or town is encouraged to
97 comply with Subsection (4)[
98 [
99 shall:
100 (i) make pending minutes available to the public within a reasonable time after holding
101 the open meeting that is the subject of the pending minutes;
102 (ii) within three business days after approving written minutes, make the approved
103 minutes available to the public; and
104 (iii) within three business days after holding an open meeting, make an audio recording
105 of the open meeting available to the public for listening.
106 [
107 approval of the written minutes of each meeting.
108 [
109 (5) All or any part of an open meeting may be independently recorded by any person in
110 attendance if the recording does not interfere with the conduct of the meeting.
111 (6) The written minutes or recording of an open meeting that are required to be
112 retained permanently shall be maintained in or converted to a format that meets long-term
113 records storage requirements.
114 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
115 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
116 by the public body; or
117 (b) an open meeting of a local district under Title 17B, Limited Purpose Local
118 Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
119 Special Service District Act, if the district's annual budgeted expenditures for all funds,
120 excluding capital expenditures and debt service, are $50,000 or less.
Legislative Review Note
as of 1-24-14 10:01 AM