S.B. 113
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Open and Public Meetings Act.
10 Highlighted Provisions:
11 This bill:
12 . requires specified bodies that include in their membership one or more elected state
13 or local officials to provide public notice of meetings the body holds on the capitol
14 hill complex, and makes related changes; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 52-4-103 , as last amended by Laws of Utah 2012, Chapter 277
23 52-4-202 , as last amended by Laws of Utah 2009, First Special Session, Chapter 5
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 52-4-103 is amended to read:
27 52-4-103. Definitions.
28 As used in this chapter:
29 (1) "Anchor location" means the physical location from which:
30 (a) an electronic meeting originates; or
31 (b) the participants are connected.
32 (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
33 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
34 City.
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36 person authorized to do so for the express purpose of discussing or acting upon a subject over
37 which that public body has jurisdiction or advisory power.
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39 means of a conference using electronic communications.
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41 including:
42 (a) electronic mail;
43 (b) instant messaging;
44 (c) electronic chat;
45 (d) text messaging as defined in Section 76-4-401 ; or
46 (e) any other method that conveys a message or facilitates communication
47 electronically.
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49 a quorum present, including a workshop or an executive session, whether [
50 in person or by means of electronic communications, for the purpose of discussing, receiving
51 comments from the public about, or acting upon a matter over which the public body or
52 specific body has jurisdiction or advisory power.
53 (b) "Meeting" does not mean:
54 (i) a chance [
55 (ii) a convening of the State Tax Commission to consider a confidential tax matter in
56 accordance with Section 59-1-405 .
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58 legislative and executive responsibilities [
59 (i) no public funds are appropriated for expenditure during the time the public body is
60 convened; and[
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62 administrative or operational matters:
63 (A) for which no formal action by the public body is required; or
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66 (B) that would not come before the public body for discussion or action[
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70 the public statements of each member of the public body who is participating in a meeting.
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72 public body, either verbally or electronically, so that each member of the public body can hear
73 or observe the communication.
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75 body of the state or its political subdivisions that:
76 (i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
77 (ii) consists of two or more persons;
78 (iii) expends, disburses, or is supported in whole or in part by tax revenue; and
79 (iv) is vested with the authority to make decisions regarding the public's business.
80 (b) "Public body" does not include a:
81 (i) political party, political group, or political caucus;
82 (ii) conference committee, rules committee, or sifting committee of the Legislature; or
83 (iii) school community council established under Section 53A-1a-108 .
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85 business of the public body with the intent that all other members of the public body receive it.
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87 unless otherwise defined by applicable law.
88 (b) "Quorum" does not include a meeting of two elected officials by themselves when
89 no action, either formal or informal, is taken on a subject over which these elected officials
90 have advisory power.
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92 proceedings of a meeting that can be used to review the proceedings of the meeting.
93 (13) "Specified body" means an administrative, advisory, executive, or legislative body
94 that:
95 (a) is not a public body;
96 (b) consists of three or more members; and
97 (c) includes at least one member who is an elected official of the state or of a political
98 subdivision of the state.
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100 by electronic means.
101 Section 2. Section 52-4-202 is amended to read:
102 52-4-202. Public notice of meetings -- Emergency meetings.
103 (1) (a) (i) A public body shall give not less than 24 [
104 meeting [
105 (ii) A specified body shall give not less than 24 hours' public notice of each meeting
106 that the specified body holds on the capitol hill complex.
107 (b) The public notice required under Subsection (1)(a) shall include the meeting:
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112 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
113 regular meetings that are scheduled in advance over the course of a year shall give public
114 notice at least once each year of its annual meeting schedule as provided in this section.
115 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
116 the scheduled meetings.
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118 (3) (a) A public body or specified body satisfies a requirement for public notice by:
119 (i) posting written notice:
120 (A) at the principal office of the public body or specified body, or if no principal office
121 exists, at the building where the meeting is to be held; and
122 (B) beginning October 1, 2008 and except as provided in Subsection (3)(b), on the
123 Utah Public Notice Website created under Section 63F-1-701 ; and
124 (ii) providing notice to:
125 (A) at least one newspaper of general circulation within the geographic jurisdiction of
126 the public body; or
127 (B) a local media correspondent.
128 (b) A public body of a municipality under Title 10, Utah Municipal Code, a local
129 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a
130 special service district under Title 17D, Chapter 1, Special Service District Act, is encouraged,
131 but not required, to post written notice on the Utah Public Notice Website, if the municipality
132 or district has a current annual budget of less than $1 million.
133 (c) A public body or specified body is in compliance with the provisions of Subsection
134 (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
135 of Subsection 63F-1-701 (4)(d).
136 (4) A public body [
137 additional electronic means to provide notice of [
138 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
139 (i) because of unforeseen circumstances it is necessary for a public body or specified
140 body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
141 (ii) the public body or specified body gives the best notice practicable of:
142 (A) the time and place of the emergency meeting; and
143 (B) the topics to be considered at the emergency meeting.
144 (b) An emergency meeting of a public body may not be held unless:
145 (i) an attempt has been made to notify all the members of the public body; and
146 (ii) a majority of the members of the public body approve the meeting.
147 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
148 provide reasonable specificity to notify the public as to the topics to be considered at the
149 meeting. Each topic shall be listed under an agenda item on the meeting agenda.
150 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
151 member of the public body, a topic raised by the public may be discussed during an open
152 meeting, even if the topic raised by the public was not included in the agenda or advance public
153 notice for the meeting.
154 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
155 body may not take final action on a topic in an open meeting unless the topic is:
156 (i) listed under an agenda item as required by Subsection (6)(a); and
157 (ii) included with the advance public notice required by this section.
Legislative Review Note
as of 1-6-14 3:30 PM