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8 LONG TITLE
9 General Description:
10 This joint rules resolution modifies legislative rules relating to electronic meetings.
11 Highlighted Provisions:
12 This resolution:
13 ▸ permits the Legislature to conduct electronic legislative sessions and legislative
14 meetings under limited circumstances; and
15 ▸ establishes procedures and requirements for electronic meetings pursuant to the
16 requirements of the Open and Public Meetings Act.
17 Special Clauses:
18 None
19 Legislative Rules Affected:
20 AMENDS:
21 JR7-1-407
22 ENACTS:
23 JR1-4-401
24 JR1-4-402
25 JR1-4-403
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27 Be it resolved by the Legislature of the state of Utah:
28 Section 1. JR1-4-401 is enacted to read:
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30 JR1-4-401. Definitions.
31 As used in this part:
32 (1) "Anchor location" means the same as that term is defined in Utah Code Section
33 52-4-103.
34 (2) "Electronic meeting" means the same as that term is defined in Utah Code Section
35 52-4-103.
36 (3) "Public health emergency" means the same as that term is defined in Utah Code
37 Section 26-23b-102.
38 Section 2. JR1-4-402 is enacted to read:
39 JR1-4-402. Electronic meetings for session or committees during emergencies --
40 When authorized.
41 (1) As authorized by Utah Code, Title 52, Chapter 4, Open and Public Meetings Act,
42 the Legislature may convene and conduct an electronic meeting, where some or all of the
43 members participate via electronic means, as provided in this part.
44 (2) The president of the Senate and the speaker of the House may jointly convene and
45 conduct an annual general session, a special session called by the governor or the Legislature,
46 or a veto override session, or may authorize a standing committee meeting, an interim
47 committee meeting, a meeting of a special committee, or any other meeting of a committee of
48 the Legislature to be conducted, by electronic means if:
49 (a) the governor has declared a state of emergency or the chief executive of a local
50 government within which the seat of government is located has declared a local emergency,
51 and the president and speaker jointly determine that physically convening the members of the
52 public body at the seat of government is dangerous, unwise, impractical, or not permitted under
53 the requirements of the declaration;
54 (b) the president and the speaker jointly determine that physically convening the public
55 body at the seat of government is dangerous, unwise, or impractical due to a public health
56 emergency, natural or human-caused disaster, enemy attack, or other public catastrophe;
57 (c) a natural or human-caused disaster, enemy attack, or other public catastrophe
58 prevents 25 percent or more of the members of the public body from traveling to the seat of
59 government; or
60 (d) the president and the speaker jointly determine that a physical convening, at any
61 location, of the public body's members or staff presents a danger to the health or safety of the
62 participants, is unwise, or is impractical because of a public health emergency, natural or
63 human-caused disaster, enemy attack, or other public catastrophe.
64 (3) If the president of the Senate and the speaker of the House jointly convene an
65 electronic meeting based on the circumstances described in Subsection (2)(c), only those
66 members who are unable to travel to the seat of government because of the existing emergency
67 shall be permitted to participate by electronic means.
68 Section 3. JR1-4-403 is enacted to read:
69 JR1-4-403. Requirements of emergency electronic meetings.
70 (1) (a) An electronic meeting convened and conducted under this part shall comply
71 with the applicable requirements of Utah Code, Title 52, Chapter 4, Open and Public Meetings
72 Act.
73 (b) A presiding officer or chair convening or conducting an electronic meeting under
74 this part shall ensure that:
75 (i) public notice of the meeting, as required by Utah Code Section 52-4-202, is given,
76 including posting written notice at the anchor location; and
77 (ii) notice of the electronic meeting describing how the members will be connected to
78 the electronic meeting is given to each member of the public body:
79 (A) at least 24 hours before the meeting; or
80 (B) as soon as is practicable in the case of an emergency meeting, consistent with the
81 requirements of Utah Code Section 52-4-202.
82 (2) The anchor location for an electronic meeting shall be located at:
83 (a) the seat of government; or
84 (b) another location publicly and jointly designated by the president of the Senate and
85 speaker of the House of Representatives if a public emergency, natural or human-caused
86 disaster, enemy attack, or other public catastrophe has made it dangerous, unwise, or
87 impractical to use the seat of government as the anchor location for the electronic meeting.
88 (3) (a) A presiding officer or chair who is convening or conducting an electronic
89 meeting shall, if necessary, establish and communicate protocols and procedures governing the
90 electronic meeting to ensure order and fair opportunities for all members of the public body to
91 participate.
92 (b) The Legislature may restrict the number of separate connections that are available
93 for communicating in an electronic meeting based on the circumstances under which the
94 electronic meeting is held, provided that a sufficient number of connections is available to
95 connect each member of the public body who is eligible to participate in the meeting and a
96 sufficient number of staff members required to conduct the meeting.
97 (4) (a) To the greatest extent practicable, procedures and requirements for an electronic
98 meeting convened and conducted under this part shall be governed by legislative rules.
99 (b) A member is included when calculating a quorum for each vote if that member is:
100 (i) present in person at the anchor location; or
101 (ii) participating and able to communicate electronically.
102 Section 4. JR7-1-407 is amended to read:
103 JR7-1-407. Electronic meetings for remote participation by a member.
104 (1) A chair may[
105 and conduct an electronic meeting of a legislative committee by following the procedures and
106 requirements of this rule, or Joint Rule Title 1, Part 4, Chapter 4, Emergency Electronic
107 Meetings.
108 (2) (a) A member of a legislative committee who will be more than 50 miles away
109 from the anchor location on the day and at the time of a scheduled meeting of the legislative
110 committee may request that the chair allow the member to participate from a remote location.
111 (b) If a member of a legislative committee wishes to participate in a meeting of the
112 legislative committee from a remote location, the member shall, at least three days before the
113 meeting, contact the chair and request that the chair convene and conduct an electronic
114 meeting.
115 (c) After receiving the request, the chair shall:
116 (i) determine whether the member will be more than 50 miles away from the anchor
117 location on the day and at the time of the scheduled meeting;
118 (ii) if the chair determines that the member will be more than 50 miles away from the
119 anchor location on that day and time, consult with committee staff to determine whether there
120 are sufficient equipment and connections to allow the member to participate from a remote
121 location; and
122 (iii) obtain permission from the president of the Senate and the speaker of the House of
123 Representatives to conduct an electronic meeting.
124 (d) If the requirements of Subsection (2)(c) are satisfied, the chair may grant the
125 member's request to participate from a remote location.
126 (3) A chair convening or conducting an electronic meeting under this rule shall, if
127 necessary, establish and communicate protocols and procedures governing the electronic
128 meeting to ensure order and fair opportunities for all members of the legislative committee to
129 participate.
130 (4) A chair convening or conducting an electronic meeting under this rule shall ensure
131 that:
132 (a) public notice of the meeting, as required by Utah Code Section 52-4-202, is given
133 including posting written notice at the anchor location; and
134 (b) notice of the electronic meeting describing how the members will be connected to
135 the electronic meeting is given to each member of the legislative committee at least 24 hours
136 before the meeting.
137 (5) A member of a legislative committee participating from a remote location is
138 included in calculating a quorum and may vote.