S.B. 79

1

OPEN MEETINGS LAW
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: D. Edgar Allen
5 This act modifies the Election Code to require legislative caucus meetings to be subject to the
6 open and public meetings requirements when a majority of one house of the Legislature is
7 present.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 52-4-2, as last amended by Chapter 89, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 52-4-2 is amended to read:
13 52-4-2. Definitions.
14 As used in this chapter:
15 (1) "Convening" means the calling of a meeting of a public body by a person authorized
16 to do so for the express purpose of discussing or acting upon a subject over which that public body
17 has jurisdiction.
18 (2) "Legislative caucus" means an assembly to which:
19 (a) all of the Utah House members affiliated with a particular registered political party are
20 invited;
21 (b) all of the Utah Senate members affiliated with a particular registered political party are
22 invited; or
23 (c) all of the Utah House and Utah Senate members affiliated with a particular registered
24 political party are invited.
25 [(2)] (3) (a) "Meeting" means the convening of a public body, with a quorum present,
26 whether in person or by means of electronic equipment, for the purpose of discussing or acting
27 upon a matter over which the public body has jurisdiction or advisory power.

28 (b) "Meeting" does not mean:
29 (i) a chance meeting; or
30 (ii) the convening of a public body that has both legislative and executive responsibilities
31 where no public funds are appropriated for expenditure during the time the public body is
32 convened and:
33 (A) the public body is convened solely for the discussion or implementation of
34 administrative or operational matters for which no formal action by the public body is required;
35 or
36 (B) the public body is convened solely for the discussion or implementation of
37 administrative or operational matters that would not come before the public body for discussion
38 or action.
39 [(3)] (4) (a) "Public body" means any administrative, advisory, executive, or legislative
40 body of the state or its political subdivisions that:
41 (i) consists of two or more persons;
42 (ii) expends, disburses, or is supported in whole or in part by tax revenue; and
43 (iii) is vested with the authority to make decisions regarding the public's business.
44 (b) "Public body" includes a legislative caucus that constitutes a quorum of the Utah House
45 of Representatives or the Utah Senate.
46 [(b)] (c) "Public body" does not include any:
47 (i) political party[,] or group[,]; or[ caucus; nor]
48 (ii) [any] conference committee, rules committee, or sifting committee of the Legislature.
49 [(4)] (5) (a) "Quorum" means a simple majority of the membership of a public body,
50 unless otherwise defined by applicable law.
51 (b) "Quorum" does not include a meeting of two elected officials by themselves when no
52 action, either formal or informal, is taken on a subject over which these elected officials have
53 jurisdiction.
54 (6) "Registered political party" means a political party that has complied with the
55 requirements of Title 20A, Chapter 8, Political Party Formation and Procedures, to become a
56 political party officially recognized by the state.

Legislative Review Note
as of 1-12-01 10:38 AM

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

Office of Legislative Research and General Counsel