H.B. 16 Enrolled

1

REVISIONS TO OPEN AND PUBLIC
2 MEETINGS LAW
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Glenn A. Donnelson
6 Senate Sponsor: Parley G. Hellewell
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Open and Public Meetings Act by amending certain provisions.
11 Highlighted Provisions:
12 This bill:
13 . defines "recording" to mean an audio, or an audio and video, record of the
14 proceedings of a meeting that can be used to review the proceedings of the meeting;
15 . encourages public bodies to use electronic means to:
16 . provide public notice to media agencies that make a periodic written request to
17 receive them; and
18 . post public notice of its meetings on the internet;
19 . requires public notices with agendas to provide reasonable specificity to notify the
20 public as to the topics to be considered at the meeting;
21 . prohibits a public body from considering topics that are not posted with the public
22 notice and provides certain exceptions;
23 . requires both written minutes and a recording to be kept of all open meetings, with
24 certain exceptions;
25 . provides that written minutes shall be the official record of action taken at an open
26 meeting; and
27 . makes technical changes.
28 Monies Appropriated in this Bill:
29 None

30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 52-4-2, as last amended by Chapter 89, Laws of Utah 1994
35 52-4-6, as last amended by Chapter 110, Laws of Utah 1998
36 52-4-7, as last amended by Chapter 311, Laws of Utah 2002
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 52-4-2 is amended to read:
40 52-4-2. Definitions.
41 As used in this chapter:
42 (1) "Convening" means the calling of a meeting of a public body by a person
43 authorized to do so for the express purpose of discussing or acting upon a subject over which
44 that public body has jurisdiction.
45 (2) (a) "Meeting" means the convening of a public body, with a quorum present,
46 whether in person or by means of electronic equipment, for the purpose of discussing or acting
47 upon a matter over which the public body has jurisdiction or advisory power.
48 (b) "Meeting" does not mean:
49 (i) a chance meeting; or
50 (ii) the convening of a public body that has both legislative and executive
51 responsibilities where no public funds are appropriated for expenditure during the time the
52 public body is convened and:
53 (A) the public body is convened solely for the discussion or implementation of
54 administrative or operational matters for which no formal action by the public body is required;
55 or
56 (B) the public body is convened solely for the discussion or implementation of
57 administrative or operational matters that would not come before the public body for

58 discussion or action.
59 (3) (a) "Public body" means any administrative, advisory, executive, or legislative body
60 of the state or its political subdivisions that:
61 (i) consists of two or more persons;
62 (ii) expends, disburses, or is supported in whole or in part by tax revenue; and
63 (iii) is vested with the authority to make decisions regarding the public's business.
64 (b) "Public body" does not include any:
65 (i) political party, group, or caucus; nor
66 (ii) any conference committee, rules committee, or sifting committee of the
67 Legislature.
68 (4) (a) "Quorum" means a simple majority of the membership of a public body, unless
69 otherwise defined by applicable law.
70 (b) "Quorum" does not include a meeting of two elected officials by themselves when
71 no action, either formal or informal, is taken on a subject over which these elected officials
72 have jurisdiction.
73 (5) "Recording" means an audio, or an audio and video record of the proceedings of a
74 meeting that can be used to review the proceedings of the meeting.
75 Section 2. Section 52-4-6 is amended to read:
76 52-4-6. Public notice of meetings.
77 (1) Any public body which holds regular meetings that are scheduled in advance over
78 the course of a year shall give public notice at least once each year of its annual meeting
79 schedule as provided in this section. The public notice shall specify the date, time, and place of
80 such meetings.
81 (2) In addition to the notice requirements of Subsection (1) of this section, each public
82 body shall give not less than 24 hours' public notice of the agenda, date, time and place of each
83 of its meetings.
84 (3) Public notice shall be satisfied by:
85 (a) posting written notice at the principal office of the public body, or if no [such]

86 principal office exists, at the building where the meeting is to be held; and
87 (b) providing notice to:
88 (i) at least one newspaper of general circulation within the geographic jurisdiction of
89 the public body[,]; or [to]
90 (ii) a local media correspondent.
91 (4) [Public bodies are] A public body is encouraged to:
92 (a) develop and use electronic means to [post] provide notice [in addition to those
93 means listed in Subsection (3).] of its meetings under Subsection (3)(b);
94 (b) provide public notice to all other media agencies that make a periodic written
95 request to receive them; and
96 (c) post public notice of its meetings on the Internet.
97 (5) When because of unforeseen circumstances it is necessary for a public body to hold
98 an emergency meeting to consider matters of an emergency or urgent nature, the notice
99 requirements of Subsection (2) may be disregarded and the best notice practicable given. No
100 such emergency meeting of a public body shall be held unless an attempt has been made to
101 notify all of its members and a majority votes in the affirmative to hold the meeting.
102 (6) (a) A public notice that is required to include an agenda under Subsection (2), shall
103 provide reasonable specificity to notify the public as to the topics to be considered at the
104 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
105 (b) Except as provided in Subsection (5) and Subsection (6)(c), a public body may not
106 consider a topic in an open meeting that is not:
107 (i) listed under an agenda item under Subsection (6)(a); and
108 (ii) included with the advanced public notice in accordance with this section.
109 (c) A topic not listed on the open meeting agenda that is raised during an open meeting
110 may be discussed but no final action may be taken by the public body during that meeting.
111 Section 3. Section 52-4-7 is amended to read:
112 52-4-7. Minutes of open meetings -- Public records -- Recording of meetings.
113 (1) [Written] Except as provided under Subsection (8), written minutes [or a digital or

114 tape] and a recording shall be kept of all open meetings. Such minutes [or a digital or tape] and
115 a recording shall include:
116 (a) the date, time, and place of the meeting;
117 (b) the names of members present and absent;
118 (c) the substance of all matters proposed, discussed, or decided, and a record, by
119 individual member, of votes taken;
120 (d) the names of all citizens who appeared and the substance in brief of their testimony;
121 and
122 (e) any other information that any member requests be entered in the minutes.
123 (2) Except as provided in Section 52-4-7.5 , written minutes or a [digital or tape]
124 recording shall be kept of all closed meetings. Such minutes or [digital or tape] recording shall
125 include:
126 (a) the date, time, and place of the meeting;
127 (b) the names of members present and absent; and
128 (c) the names of all others present except where such disclosure would infringe on the
129 confidence necessary to fulfill the original purpose of closing the meeting.
130 (3) The minutes and recordings are public records and shall be available within a
131 reasonable time after the meeting. A meeting record kept only by a [digital or tape] recording
132 must be converted to written minutes within a reasonable time upon request.
133 (4) All or any part of an open meeting may be recorded by any person in attendance;
134 provided, the recording does not interfere with the conduct of the meeting.
135 (5) Minutes of meetings that are required to be retained permanently shall be
136 maintained in or converted to a format that meets long-term records storage requirements.
137 (6) Written minutes [or digital or tape] and recordings [shall be] of open meetings are
138 public records [pursuant to] under Title 63, Chapter 2, Government Records Access and
139 Management Act, but [only] written minutes shall be [evidence of] the official record of action
140 taken at [such] the meeting.
141 (7) A recording of an open meeting shall be a complete and unedited record of all open

142 portions of the meeting from the commencement of the meeting through adjournment of the
143 meeting.
144 (8) (a) Either written minutes or a recording shall be kept of:
145 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
146 by the public body; and
147 (b) an open meeting of an independent special district as defined under Title 17A,
148 Special Districts, or a local district under Title 17B, Chapter 2, Local Districts, if the district's
149 annual budgeted expenditures for all funds, excluding capital expenditures and debt service, are
150 $50,000 or less.