1     
PUBLIC MEETING MINUTES AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kevin T. Van Tassell

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9          This bill modifies a provision of the Open and Public Meetings Act relating to minutes
10     of open meetings.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies a requirement relating to minutes of open meetings;
14          ▸     provides that the requirement to include in minutes the substance of certain matters
15     addressed at the meeting is met by publicly available online minutes that provide a
16     link to the meeting recording;
17          ▸     modifies a provision relating to the availability of approved minutes and public
18     meeting materials; and
19          ▸      modifies what constitutes the official record of an open meeting .
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          52-4-203, as last amended by Laws of Utah 2014, Chapter 83
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 52-4-203 is amended to read:
30          52-4-203. Written minutes of open meetings -- Public records -- Recording of
31     meetings.
32          (1) Except as provided under Subsection (7), written minutes and a recording shall be
33     kept of all open meetings.
34          (2) (a) Written minutes of an open meeting shall include:
35          [(a)] (i) the date, time, and place of the meeting;
36          [(b)] (ii) the names of members present and absent;
37          [(c)] (iii) the substance of all matters proposed, discussed, or decided by the public
38     body which may include a summary of comments made by members of the public body;
39          [(d)] (iv) a record, by individual member, of each vote taken by the public body;
40          [(e)] (v) the name of each person who:
41          [(i)] (A) is not a member of the public body; and
42          [(ii)] (B) after being recognized by the presiding member of the public body, provided
43     testimony or comments to the public body;
44          [(f)] (vi) the substance, in brief, of the testimony or comments provided by the public
45     under Subsection (2)[(e)](a)(v); and
46          [(g)] (vii) any other information that is a record of the proceedings of the meeting that
47     any member requests be entered in the minutes or recording.
48          (b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
49     minutes include the substance of matters proposed, discussed, or decided or the substance of
50     testimony or comments by maintaining a publicly available online version of the minutes that
51     provides a link to the meeting recording at the place in the recording where the matter is
52     proposed, discussed, or decided or the testimony or comments provided.
53          (3) A recording of an open meeting shall:
54          (a) be a complete and unedited record of all open portions of the meeting from the
55     commencement of the meeting through adjournment of the meeting; and
56          (b) be properly labeled or identified with the date, time, and place of the meeting.
57          (4) (a) As used in this Subsection (4):
58          (i) "Approved minutes" means written minutes:
59          (A) of an open meeting; and
60          (B) that have been approved by the public body that held the open meeting.
61          (ii) "Electronic information" means information presented or provided in an electronic
62     format.
63          (iii) "Pending minutes" means written minutes:
64          (A) of an open meeting; and
65          (B) that have been prepared in draft form and are subject to change before being
66     approved by the public body that held the open meeting.
67          (iv) "Specified local public body" means a legislative body of a county, city, or town.
68          (v) "State public body" means a public body that is an administrative, advisory,
69     executive, or legislative body of the state.
70          (vi) "Website" means the Utah Public Notice Website created under Section
71     63F-1-701.
72          (b) Pending minutes, approved minutes, and a recording of a public meeting are public
73     records under Title 63G, Chapter 2, Government Records Access and Management Act.
74          (c) Pending minutes shall contain a clear indication that the public body has not yet
75     approved the minutes or that the minutes are subject to change until the public body approves
76     them.
77          (d) A state public body and a specified local public body shall require an individual
78     who, at an open meeting of the public body, publicly presents or provides electronic
79     information, relating to an item on the public body's meeting agenda, to provide the public
80     body, at the time of the meeting, an electronic or hard copy of the electronic information for
81     inclusion in the public record.
82          (e) A state public body shall:
83          (i) make pending minutes available to the public within 30 days after holding the open
84     meeting that is the subject of the pending minutes;
85          (ii) within three business days after approving written minutes of an open meeting[,
86     post to the website and make available to the public at the public body's primary office a copy
87     of the approved minutes and any public materials distributed at the meeting]:
88          (A) post to the website a copy of the approved minutes and any public materials
89     distributed at the meeting;
90          (B) make the approved minutes and public materials available to the public at the
91     public body's primary office; and
92          (C) if the public body provides online minutes under Subsection (2)(b), post approved
93     minutes that comply with Subsection (2)(b) and the public materials on the public body's
94     website; and
95          (iii) within three business days after holding an open meeting, post on the website an
96     audio recording of the open meeting, or a link to the recording.
97          (f) (i) A specified local public body shall:
98          (A) make pending minutes available to the public within 30 days after holding the open
99     meeting that is the subject of the pending minutes;
100          (B) subject to Subsection (4)(f)(ii), within three business days after approving written
101     minutes of an open meeting, [post to the website and make available to the public at the public
102     body's primary office] post and make available a copy of the approved minutes and any public
103     materials distributed at the meeting, as provided in Subsection (4)(e)(ii); and
104          (C) within three business days after holding an open meeting, make an audio recording
105     of the open meeting available to the public for listening.
106          (ii) A specified local public body of a city of the fifth class or town is encouraged to
107     comply with Subsection (4)(f)(i)(B) but is not required to comply until January 1, 2015.
108          (g) A public body that is not a state public body or a specified local public body shall:
109          (i) make pending minutes available to the public within a reasonable time after holding
110     the open meeting that is the subject of the pending minutes;
111          (ii) within three business days after approving written minutes, make the approved
112     minutes available to the public; and
113          (iii) within three business days after holding an open meeting, make an audio recording
114     of the open meeting available to the public for listening.
115          (h) A public body shall establish and implement procedures for the public body's
116     approval of the written minutes of each meeting.
117          (i) Approved minutes of an open meeting are the official record of the meeting.
118          (5) All or any part of an open meeting may be independently recorded by any person in
119     attendance if the recording does not interfere with the conduct of the meeting.
120          (6) The written minutes or recording of an open meeting that are required to be
121     retained permanently shall be maintained in or converted to a format that meets long-term
122     records storage requirements.
123          (7) Notwithstanding Subsection (1), a recording is not required to be kept of:
124          (a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
125     by the public body; or
126          (b) an open meeting of a local district under Title 17B, Limited Purpose Local
127     Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
128     Special Service District Act, if the district's annual budgeted expenditures for all funds,
129     excluding capital expenditures and debt service, are $50,000 or less.
130          Section 2. Effective date.
131          If approved by two-thirds of all the members elected to each house, this bill takes effect
132     upon approval by the governor, or the day following the constitutional time limit of Utah
133     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
134     the date of veto override.