Senator David G. Buxton proposes the following substitute bill:


1     
OPEN AND PUBLIC MEETINGS ACT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David G. Buxton

5     
House Sponsor: Timothy D. Hawkes

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Open and Public Meetings Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to the convening of an electronic meeting;
13          ▸     requires a public body convening an electronic meeting to provide facilities at an
14     anchor location for the public to attend the meeting;
15          ▸     makes exceptions to the requirement to provide facilities at an anchor location; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          52-4-207, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 1
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 52-4-207 is amended to read:
27          52-4-207. Electronic meetings -- Authorization -- Requirements.
28          (1) Except as otherwise provided for a charter school in Section 52-4-209, a public
29     body may convene and conduct an electronic meeting in accordance with this section.
30          (2) (a) A public body may not hold an electronic meeting unless the public body has
31     adopted a resolution, rule, or ordinance governing the use of electronic meetings.
32          (b) The resolution, rule, or ordinance may:
33          (i) prohibit or limit electronic meetings based on budget, public policy, or logistical
34     considerations;
35          (ii) require a quorum of the public body to:
36          (A) be present at a single anchor location for the meeting; and
37          (B) vote to approve establishment of an electronic meeting in order to include other
38     members of the public body through an electronic connection;
39          (iii) require a request for an electronic meeting to be made by a member of a public
40     body up to three days prior to the meeting to allow for arrangements to be made for the
41     electronic meeting;
42          (iv) restrict the number of separate connections for members of the public body that are
43     allowed for an electronic meeting based on available equipment capability; or
44          (v) establish other procedures, limitations, or conditions governing electronic meetings
45     not in conflict with this section.
46          (3) A public body that convenes or conducts an electronic meeting shall:
47          (a) give public notice of the meeting:
48          (i) in accordance with Section 52-4-202; and
49          (ii) except for an electronic meeting [held without an anchor location] under
50     Subsection [(4)] (5)(a), post written notice at the anchor location; and
51          (b) in addition to giving public notice required by Subsection (3)(a), provide:
52          (i) notice of the electronic meeting to the members of the public body at least 24 hours
53     before the meeting so that they may participate in and be counted as present for all purposes,
54     including the determination that a quorum is present; and
55          (ii) a description of how the members will be connected to the electronic meeting[;].
56          [(c) except for an electronic meeting held without an anchor location under Subsection
57     (4), establish one or more anchor locations for the public meeting, at least one of which is in
58     the building and political subdivision where the public body would normally meet if they were
59     not holding an electronic meeting;]
60          [(d) (i) provide space and facilities at the anchor location so that interested persons and
61     the public may attend and monitor the open portions of the meeting; or]
62          [(ii) for an electronic meeting held without an anchor location under Subsection (4),
63     provide means by which the public may hear, or view and hear, the open portions of the
64     meeting; and]
65          [(e) if comments from the public will be accepted during the electronic meeting:]
66          [(i) provide space and facilities at the anchor location so that interested persons and the
67     public may attend, monitor, and participate in the open portions of the meeting; or]
68          [(ii) for an electronic meeting held without an anchor location under Subsection (4),
69     provide means by which members of the public may provide comments by electronic means to
70     the public body.]
71          [(4) A public body may convene and conduct an electronic meeting without an anchor
72     location if]
73           [the chair of the public body:]
74          [(a) makes a written determination that conducting the meeting with an anchor location
75     presents a substantial risk to the health and safety of those who may be present at the anchor
76     location;]
77          [(b) states in the written determination described in Subsection (4)(a) the facts upon
78     which the determination is based;]
79          [(c) includes in the public notice for the meeting, and reads at the beginning of the
80     meeting, the information described in Subsections (4)(a) and (b); and]
81          [(d) includes in the public notice information on how a member of the public may view
82     or make a comment at the meeting.]
83          (4) (a) Except as provided in Subsection (5), a public body that convenes and conducts
84     an electronic meeting shall provide space and facilities at an anchor location for members of
85     the public to attend the open portions of the meeting.
86          (b) A public body that convenes and conducts an electronic meeting may provide
87     means by which members of the public who are not physically present at the anchor location
88     may attend the meeting remotely by electronic means.
89          (5) Subsection (4)(a) does not apply to an electronic meeting if:
90          (a) (i) the chair of the public body determines that:
91          (A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
92     to the health or safety of those present or who would otherwise be present at the anchor
93     location; or
94          (B) the location where the public body would normally meet has been ordered closed
95     to the public for health or safety reasons; and
96          (ii) the public notice for the meeting includes:
97          (A) a statement describing the chair's determination under Subsection (5)(a)(i);
98          (B) a summary of the facts upon which the chair's determination is based; and
99          (C) information on how a member of the public may attend the meeting remotely by
100     electronic means; or
101          (b) (i) during the course of the electronic meeting, the chair:
102          (A) determines that continuing to conduct the electronic meeting as provided in
103     Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
104     anchor location; and
105          (B) announces during the electronic meeting the chair's determination under Subsection
106     (5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
107          (ii) in convening the electronic meeting, the public body has provided means by which
108     members of the public who are not physically present at the anchor location may attend the
109     electronic meeting remotely by electronic means.
110          [(5)] (6) A [written] determination [described in Subsections (4)(a) and (b)] under
111     Subsection (5)(a)(i) expires 30 days after the day on which the chair of the public body makes
112     the determination.
113          [(6)] (7) Compliance with the provisions of this section by a public body constitutes
114     full and complete compliance by the public body with the corresponding provisions of Sections
115     52-4-201 and 52-4-202.