Chief Sponsor: Jacob L. Anderegg

House Sponsor: Michael K. McKell


8     General Description:
9          This bill amends the definition of a quorum for purposes of the Open and Public
10     Meetings Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the definition of a quorum for purposes of the Open and Public Meetings
14     Act.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          52-4-103, as amended by Statewide Initiative -- Proposition 4, Nov. 6, 2018

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

30          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
31     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
32     City.
33          (3) (a) "Convening" means the calling together of a public body by a person authorized
34     to do so for the express purpose of discussing or acting upon a subject over which that public
35     body has jurisdiction or advisory power.
36          (b) "Convening" does not include the initiation of a routine conversation between
37     members of a board of trustees of a large public transit district if the members involved in the
38     conversation do not, during the conversation, take a tentative or final vote on the matter that is
39     the subject of the conversation.
40          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
41     conference using electronic communications.
42          (5) "Electronic message" means a communication transmitted electronically, including:
43          (a) electronic mail;
44          (b) instant messaging;
45          (c) electronic chat;
46          (d) text messaging, as that term is defined in Section 76-4-401; or
47          (e) any other method that conveys a message or facilitates communication
48     electronically.
49          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
50     quorum present, including a workshop or an executive session, whether in person or by means
51     of electronic communications, for the purpose of discussing, receiving comments from the
52     public about, or acting upon a matter over which the public body or specific body has
53     jurisdiction or advisory power.
54          (b) "Meeting" does not mean:
55          (i) a chance gathering or social gathering;
56          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
57     accordance with Section 59-1-405; or

58          (iii) a convening of a three-member board of trustees of a large public transit district as
59     defined in Section 17B-2a-802 if:
60          (A) the board members do not, during the conversation, take a tentative or final vote on
61     the matter that is the subject of the conversation; or
62          (B) the conversation pertains only to day-to-day management and operation of the
63     public transit district.
64          (c) "Meeting" does not mean the convening of a public body that has both legislative
65     and executive responsibilities if:
66          (i) no public funds are appropriated for expenditure during the time the public body is
67     convened; and
68          (ii) the public body is convened solely for the discussion or implementation of
69     administrative or operational matters:
70          (A) for which no formal action by the public body is required; or
71          (B) that would not come before the public body for discussion or action.
72          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
73     public statements of each member of the public body who is participating in a meeting.
74          (8) "Participate" means the ability to communicate with all of the members of a public
75     body, either verbally or electronically, so that each member of the public body can hear or
76     observe the communication.
77          (9) (a) "Public body" means:
78          (i) any administrative, advisory, executive, or legislative body of the state or its
79     political subdivisions that:
80          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
81          (B) consists of two or more persons;
82          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
83          (D) is vested with the authority to make decisions regarding the public's business; or
84          (ii) any administrative, advisory, executive, or policymaking body of an association, as
85     that term is defined in Section 53G-7-1101, that:

86          (A) consists of two or more persons;
87          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
88     school or whose employees participate in a benefit or program described in Title 49, Utah State
89     Retirement and Insurance Benefit Act; and
90          (C) is vested with authority to make decisions regarding the participation of a public
91     school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
92          (b) "Public body" includes:
93          (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
94     Section 11-13-103;
95          (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
96     and
97          (iii) the Utah Independent Redistricting Commission.
98          (c) "Public body" does not include:
99          (i) a political party, a political group, or a political caucus;
100          (ii) a conference committee, a rules committee, or a sifting committee of the
101     Legislature;
102          (iii) a school community council or charter trust land council, as that term is defined in
103     Section 53G-7-1203;
104          (iv) the Economic Development Legislative Liaison Committee created in Section
105     36-30-201;
106          (v) a taxed interlocal entity, as that term is defined in Section 11-13-602; or
107          (vi) the following Legislative Management subcommittees, which are established in
108     Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
109     recommend for employment, except that the meeting in which a subcommittee votes to
110     recommend that a candidate be employed shall be subject to the provisions of this act:
111          (A) the Research and General Counsel Subcommittee;
112          (B) the Budget Subcommittee; and
113          (C) the Audit Subcommittee.

114          (10) "Public statement" means a statement made in the ordinary course of business of
115     the public body with the intent that all other members of the public body receive it.
116          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
117     otherwise defined by applicable law.
118          (b) "Quorum" does not include a meeting of two elected officials by themselves when
119     no action, either formal or informal, is taken [on a subject over which these elected officials
120     have advisory power].
121          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
122     meeting that can be used to review the proceedings of the meeting.
123          (13) "Specified body":
124          (a) means an administrative, advisory, executive, or legislative body that:
125          (i) is not a public body;
126          (ii) consists of three or more members; and
127          (iii) includes at least one member who is:
128          (A) a legislator; and
129          (B) officially appointed to the body by the president of the Senate, speaker of the
130     House of Representatives, or governor; and
131          (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(vi).
132          (14) "Transmit" means to send, convey, or communicate an electronic message by
133     electronic means.