Chief Sponsor: Deidre M. Henderson

House Sponsor: Steve Eliason


8     General Description:
9          This bill amends the definition of a public body under the Open and Public Meetings
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the definition of a public body under the Open and Public Meetings Act to
14     exclude a taxed interlocal entity; and
15          ▸     makes technical and conforming 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 2017, Chapters 196, 277, and 441

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 52-4-103 is amended to read:
26          52-4-103. Definitions.
27          As used in this chapter:
28          (1) "Anchor location" means the physical location from which:
29          (a) an electronic meeting originates; or

30          (b) the participants are connected.
31          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
32     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
33     City.
34          (3) "Convening" means the calling together of a public body by a person authorized to
35     do so for the express purpose of discussing or acting upon a subject over which that public
36     body has jurisdiction or advisory power.
37          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
38     conference using electronic communications.
39          (5) "Electronic message" means a communication transmitted electronically, including:
40          (a) electronic mail;
41          (b) instant messaging;
42          (c) electronic chat;
43          (d) text messaging, as that term is defined in Section 76-4-401; or
44          (e) any other method that conveys a message or facilitates communication
45     electronically.
46          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
47     quorum present, including a workshop or an executive session, whether in person or by means
48     of electronic communications, for the purpose of discussing, receiving comments from the
49     public about, or acting upon a matter over which the public body or specific body has
50     jurisdiction or advisory power.
51          (b) "Meeting" does not mean:
52          (i) a chance gathering or social gathering; or
53          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
54     accordance with Section 59-1-405.
55          (c) "Meeting" does not mean the convening of a public body that has both legislative
56     and executive responsibilities if:
57          (i) no public funds are appropriated for expenditure during the time the public body is

58     convened; and
59          (ii) the public body is convened solely for the discussion or implementation of
60     administrative or operational matters:
61          (A) for which no formal action by the public body is required; or
62          (B) that would not come before the public body for discussion or action.
63          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
64     public statements of each member of the public body who is participating in a meeting.
65          (8) "Participate" means the ability to communicate with all of the members of a public
66     body, either verbally or electronically, so that each member of the public body can hear or
67     observe the communication.
68          (9) (a) "Public body" means:
69          (i) any administrative, advisory, executive, or legislative body of the state or its
70     political subdivisions that:
71          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
72          (B) consists of two or more persons;
73          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
74          (D) is vested with the authority to make decisions regarding the public's business; or
75          (ii) any administrative, advisory, executive, or policymaking body of an association, as
76     that term is defined in Section [53A-1-1601] 53G-7-1101, that:
77          (A) consists of two or more persons;
78          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
79     school or whose employees participate in a benefit or program described in Title 49, Utah State
80     Retirement and Insurance Benefit Act; and
81          (C) is vested with authority to make decisions regarding the participation of a public
82     school or student in an interscholastic activity, as that term is defined in Section [53A-1-1601]
83     53G-7-1101.
84          (b) "Public body" includes:
85          (i) [as defined in Section 11-13-103,] an interlocal entity or joint or cooperative

86     undertaking, as those terms are defined in Section 11-13-103; and
87          (ii) [as defined in Section 11-13a-102,] a governmental nonprofit corporation as that
88     term is defined in Section 11-13a-102.
89          (c) "Public body" does not include:
90          (i) a political party, a political group, or a political caucus;
91          (ii) a conference committee, a rules committee, or a sifting committee of the
92     Legislature;
93          (iii) a school community council or charter trust land council, as that term is defined in
94     Section [53A-1a-108.1; or] 53G-7-1203;
95          (iv) the Economic Development Legislative Liaison Committee created in Section
96     36-30-201[.]; or
97          (v) a taxed interlocal entity, as that term is defined in Section 11-13-602.
98          (10) "Public statement" means a statement made in the ordinary course of business of
99     the public body with the intent that all other members of the public body receive it.
100          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
101     otherwise defined by applicable law.
102          (b) "Quorum" does not include a meeting of two elected officials by themselves when
103     no action, either formal or informal, is taken on a subject over which these elected officials
104     have advisory power.
105          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
106     meeting that can be used to review the proceedings of the meeting.
107          (13) "Specified body":
108          (a) means an administrative, advisory, executive, or legislative body that:
109          (i) is not a public body;
110          (ii) consists of three or more members; and
111          (iii) includes at least one member who is:
112          (A) a legislator; and
113          (B) officially appointed to the body by the president of the Senate, speaker of the

114     House of Representatives, or governor; and
115          (b) does not include a body listed in Subsection (9)(c)(ii).
116          (14) "Transmit" means to send, convey, or communicate an electronic message by
117     electronic means.