Second Substitute S.B. 169
7 LONG TITLE
8 General Description:
9 This bill modifies a provision of the Open and Public Meetings Act.
10 Highlighted Provisions:
11 This bill:
12 . defines "electronic information";
13 . requires certain public bodies to require an individual who publicly presents or
14 provides electronic information at an open meeting of the public body to provide an
15 electronic or hard copy of the electronic information.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 52-4-203 , as last amended by Laws of Utah 2013, Chapter 63
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 52-4-203 is amended to read:
26 52-4-203. Written minutes of open meetings -- Public records -- Recording of
28 (1) Except as provided under Subsection (7), written minutes and a recording shall be
29 kept of all open meetings.
30 (2) Written minutes of an open meeting shall include:
31 (a) the date, time, and place of the meeting;
32 (b) the names of members present and absent;
33 (c) the substance of all matters proposed, discussed, or decided by the public body
34 which may include a summary of comments made by members of the public body;
35 (d) a record, by individual member, of each vote taken by the public body;
36 (e) the name of each person who:
37 (i) is not a member of the public body; and
38 (ii) after being recognized by the presiding member of the public body, provided
39 testimony or comments to the public body;
40 (f) the substance, in brief, of the testimony or comments provided by the public under
41 Subsection (2)(e); and
42 (g) any other information that is a record of the proceedings of the meeting that any
43 member requests be entered in the minutes or recording.
44 (3) A recording of an open meeting shall:
45 (a) be a complete and unedited record of all open portions of the meeting from the
46 commencement of the meeting through adjournment of the meeting; and
47 (b) be properly labeled or identified with the date, time, and place of the meeting.
48 (4) (a) As used in this Subsection (4):
49 (i) "Approved minutes" means written minutes:
50 (A) of an open meeting; and
51 (B) that have been approved by the public body that held the open meeting.
52 (ii) "Electronic information" means information presented or provided in an electronic
55 (A) of an open meeting; and
56 (B) that have been prepared in draft form and are subject to change before being
57 approved by the public body that held the open meeting.
61 executive, or legislative body of the state.
63 63F-1-701 .
64 (b) Pending minutes, approved minutes, and a recording of a public meeting are public
65 records under Title 63G, Chapter 2, Government Records Access and Management Act.
66 (c) Pending minutes shall contain a clear indication that the public body has not yet
67 approved the minutes or that the minutes are subject to change until the public body approves
69 (d) A state public body and a specified local public body shall require an individual
70 who publicly presents or provides electronic information at an open meeting of the public body
71 to provide the public body, at the time of the meeting, an electronic or hard copy of the
72 electronic information for inclusion in the public record.
74 (i) make pending minutes available to the public within 30 days after holding the open
75 meeting that is the subject of the pending minutes;
76 (ii) within three business days after approving written minutes of an open meeting, post
77 to the website and make available to the public at the public body's primary office a copy of the
78 approved minutes and any public materials distributed at the meeting; and
79 (iii) within three business days after holding an open meeting, post on the website an
80 audio recording of the open meeting, or a link to the recording.
82 (A) make pending minutes available to the public within 30 days after holding the open
83 meeting that is the subject of the pending minutes;
84 (B) subject to Subsection (4)[
85 written minutes of an open meeting, post to the website and make available to the public at the
86 public body's primary office a copy of the approved minutes and any public materials
87 distributed at the meeting; and
88 (C) within three business days after holding an open meeting, make an audio recording
89 of the open meeting available to the public for listening.
90 (ii) A specified local public body of a city of the fifth class or town is encouraged to
91 comply with Subsection (4)[
94 (i) make pending minutes available to the public within a reasonable time after holding
95 the open meeting that is the subject of the pending minutes;
96 (ii) within three business days after approving written minutes, make the approved
97 minutes available to the public; and
98 (iii) within three business days after holding an open meeting, make an audio recording
99 of the open meeting available to the public for listening.
101 approval of the written minutes of each meeting.
103 (5) All or any part of an open meeting may be independently recorded by any person in
104 attendance if the recording does not interfere with the conduct of the meeting.
105 (6) The written minutes or recording of an open meeting that are required to be
106 retained permanently shall be maintained in or converted to a format that meets long-term
107 records storage requirements.
108 (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
109 (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
110 by the public body; or
111 (b) an open meeting of a local district under Title 17B, Limited Purpose Local
112 Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
113 Special Service District Act, if the district's annual budgeted expenditures for all funds,
114 excluding capital expenditures and debt service, are $50,000 or less.
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