H.B. 214

1

EMERGING TECHNOLOGIES AND OPEN
2 GOVERNMENT
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David Clark
6
7 LONG TITLE
8 General Description:
9 This bill requires the Utah Technology Commission to conduct a study during 2005.
10 Highlighted Provisions:
11 This bill:
12 . requires the Utah Technology Commission to study and make recommendations
13 regarding the use of electronic messaging and emerging technologies under the
14 Open and Public Meetings law and the Governments Records Access and
15 Management Act;
16 . requires the commission to study possible legislative action;
17 . permits the commission to study relevant issues; and
18 . requires the commission to report to the Public Utilities and Technology Interim
19 Committee.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Uncodified Material Affected:
25 ENACTS UNCODIFIED MATERIAL
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Study -- Report.
29 (1) As used in this section:
30 (a) "Commission" means the Utah Technology Commission created in Section
31 63D-1a-201 .
32 (b) "Electronic messaging" means the following that are reproducible:
33 (i) email;
34 (ii) instant messaging;
35 (iii) voice mail; or
36 (iv) other digital messaging.
37 (2) In 2005, the commission shall study:
38 (a) the treatment of electronic messaging and emerging technologies:
39 (i) under:
40 (A) Title 52, Chapter 4, Open and Public Meetings; and
41 (B) Title 63, Chapter 2, Government Records Access and Management Act; and
42 (ii) including:
43 (A) when a meeting is constituted if members of a public body use electronic
44 messaging and other emerging technologies;
45 (B) when an electronic message or other emerging technology creates a record for
46 purposes of Title 63, Chapter 2, Government Records Access and Management Act; and
47 (C) the classification and retention under Title 63, Chapter 2, Government Records
48 Access and Management Act, of records created by electronic messaging or emerging
49 technologies;
50 (b) whether legislative changes are necessary to address electronic messaging and other
51 emerging technologies under:
52 (i) Title 52, Chapter 4, Open and Public Meetings; and
53 (ii) Title 63, Chapter 2, Government Records Access and Management Act; and
54 (c) any other issue the commission determines relevant to the impact of electronic
55 messaging and emerging technologies on open government.
56 (3) (a) The commission shall report its findings by no later than the November 2005
57 interim meeting to the Public Utilities and Technology Interim Committee.
58 (b) The report required by Subsection (3)(a) shall include any legislation proposed by

59 the commission.




Legislative Review Note
as of 1-18-05 10:22 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel