| (4) |
| (a) | As used in this Subsection (4):
| (i) | "Approved minutes" means written minutes:
| (A) | of an open meeting; and |
| (B) | that have been approved by the public body that held the open meeting. |
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| (ii) | "Electronic information" means information presented or provided in an electronic format. |
| (iii) | "Pending minutes" means written minutes:
| (A) | of an open meeting; and |
| (B) | that have been prepared in draft form and are subject to change before being approved by the public body that held the open meeting. |
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| (iv) | "Specified local public body" means a legislative body of a county, city, or town. |
| (v) | "State public body" means a public body that is an administrative, advisory, executive, or legislative body of the state. |
| (vi) | "State website" means the Utah Public Notice Website created under Section 63A-16-601. |
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| (b) | Pending minutes, approved minutes, and a recording of a public meeting are public records under Title 63G, Chapter 2, Government Records Access and Management Act. |
| (c) | Pending minutes shall contain a clear indication that the public body has not yet approved the minutes or that the minutes are subject to change until the public body approves them. |
| (d) | A public body shall require an individual who, at an open meeting of the public body, publicly presents or provides electronic information, relating to an item on the public body's meeting agenda, to provide the public body, at the time of the meeting, an electronic or hard copy of the electronic information for inclusion in the public record. |
| (e) | A state public body shall:
| (i) | make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes; |
| (ii) | within three business days after approving written minutes of an open meeting:
| (A) | post to the state website a copy of the approved minutes and any public materials distributed at the meeting; |
| (B) | make the approved minutes and public materials available to the public at the public body's primary office; and |
| (C) | if the public body provides online minutes under Subsection (2)(b), post approved minutes that comply with Subsection (2)(b) and the public materials on the public body's website; and |
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| (iii) | within three business days after holding an open meeting, post on the state website an audio recording of the open meeting, or a link to the recording. |
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| (f) | A specified local public body shall:
| (i) | make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes; |
| (ii) | within three business days after approving written minutes of an open meeting, post and make available a copy of the approved minutes and any public materials distributed at the meeting, as provided in Subsection (4)(e)(ii); and |
| (iii) | within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening. |
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| (g) | A public body that is not a state public body or a specified local public body shall:
| (i) | make pending minutes available to the public within a reasonable time after holding the open meeting that is the subject of the pending minutes; |
| (ii) | within three business days after approving written minutes of an open meeting:
| (A) | post and make available a copy of the approved minutes and any public materials distributed at the meeting, as provided in Subsection (4)(e)(ii); or |
| (B) | comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to a website on which the approved minutes and any public materials distributed at the meeting are posted; and |
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| (iii) | within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening. |
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| (h) | A public body shall establish and implement procedures for the public body's approval of the written minutes of each meeting. |
| (i) | Approved minutes of an open meeting are the official record of the meeting. |
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