S.B. 67

1

UTAH PUBLIC NOTICE WEBSITE
2 PROVISIONS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill establishes Title 63F, Chapter 1, Part 7, Utah Public Notice Website, which
11 establishes a statewide public notice website, requires notice of public meetings to be
12 posted to the website, and permits public entities to post notice on the website and to
13 abbreviate the notice published in the newspaper.
14 Highlighted Provisions:
15 This bill:
16 . modifies notice requirements in the Interlocal Cooperation Act to ensure
17 compliance with notice provisions of the Open and Public Meetings Act;
18 . amends the Open and Public Meetings Act to require notice of meetings to be
19 posted on the Utah Public Notice Website;
20 . amends the duties of the Division of Archives and Records Service;
21 . authorizes the Division of Archives and Records Service, with the technical
22 assistance of the Department of Technology Services, to establish and maintain a
23 Utah Public Notices Website;
24 . requires the website to be easily accessible to the public;
25 . provides requirements for the website;
26 . provides that responsibility for the content of notices posted and the timing of
27 notices posted is the responsibility of the public body posting the notice;

28 . permits a public body to post notice to the website and to abbreviate the notice
29 published in the newspaper, if the public body:
30 . is not prohibited from doing so by another law or rule;
31 . posts to the website all of the information that would have been required to be
32 published in the newspaper;
33 . posts the notice on the website for at least the period required for newspaper
34 publication; and
35 . publishes a brief summary of the website posting and the address of the website
36 in the newspaper on the dates required by law;
37 . requires the Division of Archives and Records Service to keep a historical archive
38 of all notices posted to the website; and
39 . requires the Division of Archives and Records Service to provide public bodies with
40 notice of the provisions of the part and to provide training, as necessary, on the use
41 of the website.
42 Monies Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 11-13-223, as last amended by Chapter 14, Laws of Utah 2006
49 52-4-202, as renumbered and amended by Chapter 14 and last amended by Chapter
50 265, Laws of Utah 2006
51 63-2-901, as last amended by Chapter 280, Laws of Utah 1992
52 ENACTS:
53 63F-1-701, Utah Code Annotated 1953
54 63F-1-702, Utah Code Annotated 1953
55 63F-1-703, Utah Code Annotated 1953
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 11-13-223 is amended to read:

59 11-13-223. Open and public meetings.
60 (1) To the extent that an interlocal entity is subject to or elects, by formal resolution of
61 its governing body to comply with the provisions of Title 52, Chapter 4, Open and Public
62 Meetings Act, it may for purposes of complying with those provisions:
63 (a) convene and conduct any public meeting by means of a telephonic or
64 telecommunications conference; and
65 (b) give public notice of its meeting pursuant to the requirements of Section 52-4-202
66 [by:].
67 [(i) posting written notice at the principal office of the governing body of the interlocal
68 entity, or if no such office exists, at the building where the meeting is to be held; and]
69 [(ii) providing notice to at least one newspaper of general circulation within the
70 boundaries of the municipality in which that principal office is located, or to a local media
71 correspondent.]
72 (2) In order to convene and conduct a public meeting by means of a telephonic or
73 telecommunications conference, each interlocal entity shall if it is subject to or elects by formal
74 resolution of its governing body to comply with Title 52, Chapter 4, Open and Public Meetings
75 Act:
76 (a) in addition to giving public notice required by Subsection (1) provide:
77 (i) notice of the telephonic or telecommunications conference to the members of the
78 governing body at least 24 hours before the meeting so that they may participate in and be
79 counted as present for all purposes, including the determination that a quorum is present; and
80 (ii) a description of how the members will be connected to the telephonic or
81 telecommunications conference;
82 (b) establish written procedures governing the conduct of any meeting at which one or
83 more members of the governing body are participating by means of a telephonic or
84 telecommunications conference;
85 (c) provide for an anchor location for the public meeting at the principal office of the
86 governing body; and
87 (d) provide space and facilities for the physical attendance and participation of
88 interested persons and the public at the anchor location, including providing for interested
89 persons and the public to hear by speaker or other equipment all discussions and deliberations

90 of those members of the governing body participating in the meeting by means of telephonic or
91 telecommunications conference.
92 (3) Compliance with the provisions of this section by a governing body constitutes full
93 and complete compliance by the governing body with the corresponding provisions of Sections
94 52-4-201 and 52-4-202 , to the extent that those sections are applicable to the governing body.
95 Section 2. Section 52-4-202 is amended to read:
96 52-4-202. Public notice of meetings -- Emergency meetings.
97 (1) A public body shall give not less than 24 hours public notice of each meeting
98 including the meeting:
99 (a) agenda;
100 (b) date;
101 (c) time; and
102 (d) place.
103 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
104 regular meetings that are scheduled in advance over the course of a year shall give public
105 notice at least once each year of its annual meeting schedule as provided in this section.
106 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
107 the scheduled meetings.
108 (3) Public notice shall be satisfied by:
109 (a) posting written notice:
110 (i) at the principal office of the public body, or if no principal office exists, at the
111 building where the meeting is to be held; and
112 (ii) on the Utah Public Notice Website established under Section 63F-1-701 ; and
113 (b) providing notice to:
114 (i) at least one newspaper of general circulation within the geographic jurisdiction of
115 the public body; or
116 (ii) a local media correspondent.
117 (4) A public body is encouraged to:
118 (a) develop and use other electronic means to provide notice of its meetings under
119 Subsection (3)[(b)]; and
120 (b) provide public notice to all other media agencies that make a periodic written

121 request to receive them[; and].
122 [(c) post public notice of its meetings on the Internet.]
123 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
124 (i) because of unforeseen circumstances it is necessary for a public body to hold an
125 emergency meeting to consider matters of an emergency or urgent nature; and
126 (ii) the best notice practicable is given.
127 (b) An emergency meeting of a public body may not be held unless:
128 (i) an attempt has been made to notify all of its members; and
129 (ii) a majority of its members approves holding the meeting.
130 (6) (a) A public notice that is required to include an agenda under Subsection (2) shall
131 provide reasonable specificity to notify the public as to the topics to be considered at the
132 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
133 (b) Except as provided in [Subsection] Subsections (5) and [Subsection] (6)(c), a
134 public body may not consider a topic in an open meeting that is not:
135 (i) listed under an agenda item under Subsection (6)(a); and
136 (ii) included with the advanced public notice in accordance with this section.
137 (c) A topic not listed on the open meeting agenda that is raised during an open meeting
138 may be discussed but no final action may be taken by the public body during that meeting.
139 Section 3. Section 63-2-901 is amended to read:
140 63-2-901. Division of Archives and Records Service created -- Duties.
141 (1) There is created the Division of Archives and Records Service within the
142 Department of Administrative Services.
143 (2) The state archives shall:
144 (a) administer the state's archives and records management programs, including storage
145 of records, central microphotography programs, and quality control;
146 (b) apply fair, efficient, and economical management methods to the collection,
147 creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
148 documents;
149 (c) establish standards, procedures, and techniques for the effective management and
150 physical care of records;
151 (d) conduct surveys of office operations and recommend improvements in current

152 records management practices, including the use of space, equipment, automation, and supplies
153 used in creating, maintaining, storing, and servicing records;
154 (e) establish standards for the preparation of schedules providing for the retention of
155 records of continuing value and for the prompt and orderly disposal of state records no longer
156 possessing sufficient administrative, historical, legal, or fiscal value to warrant further
157 retention;
158 (f) establish, maintain, and operate centralized microphotography lab facilities and
159 quality control for the state;
160 (g) provide staff and support services to the records committee;
161 (h) develop training programs to assist records officers and other interested officers and
162 employees of governmental entities to administer this chapter;
163 (i) provide access to public records deposited in the archives;
164 (j) administer and maintain the Utah Public Notice Website established under Section
165 63F-1-701 ;
166 [(j)] (k) provide assistance to any governmental entity in administering this chapter;
167 and
168 [(k)] (l) prepare forms for use by all governmental entities for a person requesting
169 access to a record.
170 (3) The state archives may:
171 (a) establish a report and directives management program; and
172 (b) establish a forms management program.
173 (4) The executive director of the Department of Administrative Services may direct the
174 state archives to administer other functions or services consistent with this chapter.
175 Section 4. Section 63F-1-701 is enacted to read:
176 Part 7. Utah Public Notice Website
177 63F-1-701. Utah Public Notice Website -- Establishment and administration.
178 (1) As used in this part:
179 (a) "Division" means the Division of Archives and Records Service of the Department
180 of Administrative Services.
181 (b) "Public body" has the same meaning as provided under Section 52-4-103 .
182 (c) "Website" means the Utah Public Notice Website created under this section.

183 (2) There is created the Utah Public Notice Website to be administered by the Division
184 of Archives and Records Service.
185 (3) The website shall consist of an Internet website provided to assist the public to find
186 all posted public notices of a public body of the state and its political subdivisions as required
187 under Title 52, Chapter 4, Open and Public Meetings Act, and under other state statutes or state
188 agency rules.
189 (4) The division, with the technical assistance of the Department of Technology
190 Services, shall create the website which shall:
191 (a) allow a public body, or other certified entity, to easily post any public notice
192 information that the public body or other entity is required to post under statute;
193 (b) allow the public to search the public notices by:
194 (i) public body name;
195 (ii) date of posting of the notice;
196 (iii) date any meeting or deadline included as part of the public notice; and
197 (iv) by any other criteria approved by the division;
198 (c) allow the public to search and view past, archived public notices, beginning with
199 notices posted on or after July 1, 2007;
200 (d) allow a person to subscribe to receive updates and notices associated with a public
201 body or a particular type of notice;
202 (e) be easily accessible by the public from the State of Utah home page;
203 (f) have a unique and simplified website address;
204 (g) shall be directly accessible via a link from the main page of the official state
205 website; and
206 (h) include other links, features, or functionality that will assist the public in obtaining
207 and reviewing information in relation to public notices posted on the website, as may be
208 approved by the division.
209 (5) The division shall be responsible for:
210 (a) establishing and maintaining the website, including the provision of equipment,
211 resources, and personnel as is necessary;
212 (b) providing a mechanism for public bodies or other certified entities to have access to
213 the website for the purpose of posting and modifying notices; and

214 (c) maintaining an archive of all notices posted to the website.
215 (6) The timing for posting and the content of the public notices posted to the website
216 shall be the responsibility of the public body or other entity posting the notice.
217 Section 5. Section 63F-1-702 is enacted to read:
218 63F-1-702. Posting of notice in lieu of newspaper publication.
219 (1) Unless otherwise prohibited by law, a public body that is required to publish notice
220 of a meeting or other official action in a newspaper under state law or rule is in compliance
221 with that requirement if:
222 (a) the information otherwise required to be published in a newspaper is posted on the
223 Utah Public Notice Website established under Section 63F-1-701 ;
224 (b) the information is posted to the website no later than the first date that publication
225 would be required to be published by newspaper; and
226 (c) notice of the posting is published in the newspaper on the same dates and duration
227 that publication is required under the state law or rule that requires publication by newspaper.
228 (2) Notice of the posting required by Subsection (1)(c) shall contain:
229 (a) the name of the public body posting notice;
230 (b) a title or brief description that identifies the nature of the notice posted;
231 (c) a statement that further information may be obtained at the Utah Public Notice
232 Website; and
233 (d) the address of the Utah Public Notice Website.
234 Section 6. Section 63F-1-703 is enacted to read:
235 63F-1-703. Notice and training by the Division of Archives and Records Service.
236 (1) The division shall provide notice of the provisions and requirements of this chapter
237 to all public bodies that are subject to this part.
238 (2) The division shall, as necessary, provide periodic training on the use of the Utah
239 Public Notice Website to public bodies that are authorized to post notice on the website.




Legislative Review Note
as of 1-23-07 6:24 PM

Office of Legislative Research and General Counsel