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H.B. 162

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ELECTRONIC MEETINGS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Brent H. Goodfellow

5    AN ACT RELATING TO PUBLIC OFFICERS; AUTHORIZING A PUBLIC BODY TO HOLD
6    MEETINGS ELECTRONICALLY; PROVIDING NOTICE AND OTHER REQUIREMENTS
7    TO ALLOW PUBLIC ACCESS; AND MAKING TECHNICAL CORRECTIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    ENACTS:
10         52-4-7.8, Utah Code Annotated 1953
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 52-4-7.8 is enacted to read:
13         52-4-7.8. Electronic meetings -- Authorization -- Requirements.
14        (1) As used in this section:
15        (a) "Anchor location" means the physical location from which the electronic meeting
16    originates or from which the participants are connected.
17        (b) "Electronic meeting" means a public meeting convened or conducted by means of a
18    telephonic, telecommunications, or computer conference.
19        (c) "Electronic notice" means electronic mail or fax.
20        (d) "Monitor" means to:
21        (i) hear, live, by speaker, or by other equipment, all of the public statements of each
22    member of the public body who is participating in a meeting; or
23        (ii) see, by computer screen or other visual medium, all of the public statements of each
24    member of the public body who is participating in a meeting.
25        (e) "Participate" means the ability to communicate with all of the members of a public
26    body, either verbally or electronically, so that each member of the public body can hear or see the
27    communication.


1        (f) "Public hearing" means a meeting at which comments from the public will be accepted.
2        (g) "Public statement" means a statement made in the ordinary course of business of the
3    public body with the intent that all other members of the public body receive it.
4        (2) A public body may, by following the procedures and requirements of this section,
5    convene and conduct an electronic meeting.
6        (3) Each public body convening or conducting an electronic meeting shall:
7        (a) give public notice of the meeting pursuant to Section 52-4-6 by:
8        (i) posting written notice at the anchor location; and
9        (ii) providing written or electronic notice to:
10        (A) at least one newspaper of general circulation within the state; and
11        (B) to a local media correspondent;
12        (b) in addition to giving public notice required by Subsection (1) provide:
13        (i) notice of the electronic meeting to the members of the public body at least 24 hours
14    before the meeting so that they may participate in and be counted as present for all purposes,
15    including the determination that a quorum is present; and
16        (ii) a description of how the members will be connected to the electronic meeting;
17        (c) establish written procedures governing the electronic meeting at which one or more
18    members of a public body are participating by means of a telephonic or telecommunications
19    conference;
20        (d) establish one or more anchor locations for the public meeting, at least one of which is
21    in the building and city where the public body would normally meet if they were not holding an
22    electronic meeting;
23        (e) provide space and facilities at the anchor location so that interested persons and the
24    public may attend and monitor the open portions of the meeting; and
25        (f) if the meeting is a public hearing, provide space and facilities at the anchor location so
26    that interested persons and the public may attend, monitor, and participate in the open portions of
27    the meeting.
28        (4) Compliance with the provisions of this section by a public body constitutes full and
29    complete compliance by the public body with the corresponding provisions of Sections 52-4-3 and
30    52-4-6.


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Legislative Review Note
    as of 11-12-96 7:45 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The State and Local Affairs Interim Committee recommended this bill.

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