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H.B. 162 Enrolled

    

ELECTRONIC MEETINGS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Brent H. Goodfellow

    AN ACT RELATING TO PUBLIC OFFICERS; AUTHORIZING A PUBLIC BODY TO HOLD
    MEETINGS ELECTRONICALLY; PROVIDING NOTICE AND OTHER
    REQUIREMENTS TO ALLOW PUBLIC ACCESS; AND MAKING TECHNICAL
    CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    ENACTS:
         52-4-7.8, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 52-4-7.8 is enacted to read:
         52-4-7.8. Electronic meetings -- Authorization -- Requirements.
        (1) As used in this section:
        (a) "Anchor location" means the physical location from which the electronic meeting
    originates or from which the participants are connected.
        (b) "Electronic meeting" means a public meeting convened or conducted by means of a
    telephonic, telecommunications, or computer conference.
        (c) "Electronic notice" means electronic mail or fax.
        (d) "Monitor" means to:
        (i) hear, live, by speaker, or by other equipment, all of the public statements of each
    member of the public body who is participating in a meeting; or
        (ii) see, by computer screen or other visual medium, all of the public statements of each
    member of the public body who is participating in a meeting.
        (e) "Participate" means the ability to communicate with all of the members of a public
    body, either verbally or electronically, so that each member of the public body can hear or see the
    communication.
        (f) "Public hearing" means a meeting at which comments from the public will be accepted.


        (g) "Public statement" means a statement made in the ordinary course of business of the
    public body with the intent that all other members of the public body receive it.
        (2) A public body may, by following the procedures and requirements of this section,
    convene and conduct an electronic meeting.
        (3) Each public body convening or conducting an electronic meeting shall:
        (a) give public notice of the meeting pursuant to Section 52-4-6 by:
        (i) posting written notice at the anchor location; and
        (ii) providing written or electronic notice to:
        (A) at least one newspaper of general circulation within the state; and
        (B) to a local media correspondent;
        (b) in addition to giving public notice required by Subsection (1), provide:
        (i) notice of the electronic meeting to the members of the public body at least 24 hours
    before the meeting so that they may participate in and be counted as present for all purposes,
    including the determination that a quorum is present; and
        (ii) a description of how the members will be connected to the electronic meeting;
        (c) establish written procedures governing the electronic meeting at which one or more
    members of a public body are participating by means of a telephonic or telecommunications
    conference;
        (d) establish one or more anchor locations for the public meeting, at least one of which is
    in the building and city where the public body would normally meet if they were not holding an
    electronic meeting;
        (e) provide space and facilities at the anchor location so that interested persons and the
    public may attend and monitor the open portions of the meeting; and
        (f) if the meeting is a public hearing, provide space and facilities at the anchor location so
    that interested persons and the public may attend, monitor, and participate in the open portions of
    the meeting.
        (4) Compliance with the provisions of this section by a public body constitutes full and
    complete compliance by the public body with the corresponding provisions of Sections 52-4-3 and

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    52-4-6.

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