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7 LONG TITLE
8 General Description:
9 This bill enacts language related to a municipal or county governing body or local
10 school board.
11 Highlighted Provisions:
12 This bill:
13 ▸ with certain exceptions, prohibits a municipal or county governing body or local
14 school board from expelling a member of the body from an open public meeting or
15 prohibiting the member from attending; and
16 ▸ makes technical corrections.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53A-3-106, as enacted by Laws of Utah 2011, Chapter 107
24 ENACTS:
25 17-53-206.5, Utah Code Annotated 1953
26 REPEALS AND REENACTS:
27 10-3-607, as enacted by Laws of Utah 1977, Chapter 48
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-3-607 is repealed and reenacted to read:
31 10-3-607. Expulsion of members prohibited -- Exception for disorderly conduct.
32 (1) Except as provided in Subsection (2), the governing body may not expel a member
33 of the governing body from an open public meeting or prohibit the member from attending an
34 open public meeting.
35 (2) Following a two-thirds vote of the members of the governing body, the governing
36 body may fine or expel a member of the governing body for:
37 (a) disorderly conduct at the open public meeting;
38 (b) a member's direct or indirect financial conflict of interest regarding an issue
39 discussed at or action proposed to be taken at the open public meeting; or
40 (c) a commission of a crime during the open public meeting.
41 Section 2. Section 17-53-206.5 is enacted to read:
42 17-53-206.5. Expulsion of members prohibited -- Exception for disorderly
43 conduct.
44 (1) Except as provided in Subsection (2), the governing body may not expel a member
45 of the governing body from an open public meeting or prohibit the member from attending an
46 open public meeting.
47 (2) Following a two-thirds vote of the members of the governing body, the governing
48 body may fine or expel a member of the governing body for:
49 (a) disorderly conduct at the open public meeting;
50 (b) a member's direct or indirect financial conflict of interest regarding an issue
51 discussed at or action proposed to be taken at the open public meeting; or
52 (c) a commission of a crime during the open public meeting.
53 Section 3. Section 53A-3-106 is amended to read:
54 53A-3-106. Public meetings -- Rules of order and procedure --Expulsion of
55 members prohibited -- Exceptions.
56 (1) As used in this section, "rules of order and procedure" means a set of rules that
57 govern and prescribe in a public meeting:
58 (a) parliamentary order and procedure;
59 (b) ethical behavior; and
60 (c) civil discourse.
61 (2) Subject to Subsection (3), a local school board shall:
62 (a) adopt rules of order and procedure to govern a public meeting of the local school
63 board;
64 (b) conduct a public meeting in accordance with the rules of order and procedure
65 described in Subsection (2)(a); and
66 (c) make the rules of order and procedure described in Subsection (2)(a) available to
67 the public:
68 (i) at each public meeting of the local school board; and
69 (ii) on the local school board's public website, if available.
70 (3) [
71 with Title 52, Chapter 4, Open and Public Meetings Act.
72 (4) (a) Except as provided in Subsection (4)(b), a local school board may not expel a
73 member of the school board from an open public meeting or prohibit the member from
74 attending an open public meeting.
75 (b) Following a two-thirds vote of the members of the local school board, the local
76 school board may fine or expel a member of the local school board for:
77 (i) disorderly conduct at the open public meeting;
78 (ii) a member's direct or indirect financial conflict of interest regarding an issue
79 discussed at or action proposed to be taken at the open public meeting; or
80 (iii) a commission of a crime during the open public meeting.