Representative Timothy D. Hawkes proposes the following substitute bill:


1     
JOINT RULES RESOLUTION - ELECTRONIC MEETINGS

2     
MODIFICATIONS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: David G. Buxton

6     
House Sponsor: Timothy D. Hawkes

7     

8     LONG TITLE
9     General Description:
10          This rules resolution modifies joint legislative rules related to electronic meetings.
11     Highlighted Provisions:
12          This resolution:
13          ▸     defines terms;
14          ▸     allows a legislative public body to convene and conduct an electronic meeting;
15          ▸     specifies the circumstances under which a member of a legislative public body may
16     participate remotely in an electronic meeting;
17          ▸     addresses the requisite appearance and conduct of a member who participates
18     remotely in an electronic meeting; and
19          ▸     makes technical and conforming changes.
20     Special Clauses:
21          None
22     Legislative Rules Affected:
23     AMENDS:
24          JR1-4-401
25          JR7-1-101
26     REPEALS AND REENACTS:
27          JR1-4-402
28     REPEALS:
29          JR1-4-403
30          JR7-1-407
31     

32     Be it resolved by the Legislature of the state of Utah:
33          Section 1. JR1-4-401 is amended to read:
34          JR1-4-401. Definitions.
35          As used in this part:
36          (1) "Anchor location" means the same as that term is defined in Utah Code Section
37     52-4-103.
38          (2) "Electronic meeting" means the same as that term is defined in Utah Code Section
39     52-4-103.
40          [(3) "Public health emergency" means the same as that term is defined in Utah Code
41     Section 26-23b-102.]
42          (3) "Emergency electronic meeting" means an electronic meeting described in Utah
43     Code Subsection 52-4-207(5).
44          (4) "Legislative public body" means a public body as defined in Utah Code Section
45     52-4-103 that is governed by legislative rules.
46          (5) "Meeting" means the same as that term is defined in Utah Code Section 52-4-103.
47          (6) "Participate" means the same as that term is defined in Utah Code Section
48     52-4-103.
49          (7) (a) "Presiding officer" means the individual presiding over the Senate or the House
50     of Representatives.
51          (b) "Presiding officer" includes:
52          (i) for the Senate:
53          (A) the president;
54          (B) the president pro tempore; and
55          (C) any senator presiding under SR1-3-103; and
56          (ii) for the House of Representatives:
57          (A) the speaker;
58          (B) the speaker pro tempore; and
59          (C) any representative presiding under HR1-3-103.
60          (8) "Specified reason" means:
61          (a) illness or injury of a member or a member's relative;
62          (b) health or safety concerns of a member or a member's relative;
63          (c) emergency travel;
64          (d) an emergency work related issue;
65          (e) an emergency child care related issue;
66          (f) a mandatory action day or a special circumstance day as those terms are defined in
67     Utah Code Section 63A-17-111; or
68          (g) a circumstance similar to the circumstances described in Subsections (8)(a) through
69     (f).
70          Section 2. JR1-4-402 is repealed and reenacted to read:
71          JR1-4-402. Meeting format and participation -- Electronic meeting policy.
72          (1) In accordance with this part and Utah Code Title 52, Chapter 4, Open and Public
73     Meetings Act, a legislative public body may convene and conduct a meeting of the legislative
74     public body as an electronic meeting, subject to budget, public policy, and logistical
75     considerations.
76          (2) (a) Except as allowed under this rule, a member of a legislative public body who
77     attends a meeting of the legislative public body, including an electronic meeting, shall attend
78     the meeting in person.
79          (b) A member of a legislative public body may attend an electronic meeting of the
80     legislative public body by electronic means only if the member:
81          (i) has a specified reason; and
82          (ii) obtains permission from:
83          (A) the presiding officer or the presiding officer's designee; or
84          (B) the chair or the chair's designee.
85          (c) A legislative public body shall provide a description of how to electronically
86     connect to an electronic meeting:
87          (i) to each member authorized to attend the meeting by electronic means under
88     Subsection (2)(b); and
89          (ii) (A) 24 hours before the meeting is scheduled to begin; or
90          (B) if it is impracticable to comply with the 24-hour requirement in Subsection
91     (1)(c)(ii)(A), as soon as possible before the meeting begins.
92          (3) The presiding officer or the chair of a legislative public body shall conduct an
93     electronic meeting of the legislative public body from the anchor location.
94          (4) When a legislative public body convenes an electronic meeting, a member of the
95     legislative public body is considered present for all purposes, including determining a quorum,
96     only if the member is:
97          (a) present in person at the anchor location; or
98          (b) participating in the meeting by electronic means.
99          (5) When a member of a legislative public body attends a meeting of the legislative
100     public body by electronic means in accordance with this part, the member shall ensure that:
101          (a) if participating via video conference, the member's attire and appearance are
102     consistent with the attire and appearance that would be expected if the member were attending
103     the meeting in person; and
104          (b) the member's location:
105          (i) reflects the dignity of the meeting, particularly if the member is attending via video
106     conference; and
107          (ii) is free from any sight or noise that:
108          (A) can be seen or heard by others during the meeting; and
109          (B) is extraneous, distracting, disruptive, or inappropriate.
110          (6) A member of a legislative public body may not attend a meeting by electronic
111     means while engaging in any activity that would be abnormal or prohibited if the member were
112     attending the meeting in person, including operating a motor vehicle.
113          (7) In accordance with Utah Code Section 52-4-207, a legislative public body that
114     convenes and conducts an electronic meeting may provide a means by which members of the
115     public who are not physically present at the anchor location may attend the meeting by
116     electronic means.
117          (8) Notwithstanding the other provisions of this rule:
118          (a) any member of a legislative public body may attend an emergency electronic
119     meeting by electronic means; and
120          (b) the presiding officer or the chair of a legislative public body may conduct an
121     emergency electronic meeting of the legislative public body remotely by electronic means.
122          Section 3. JR7-1-101 is amended to read:
123          JR7-1-101. Definitions.
124          As used in this chapter:
125          (1) "Anchor location" means the physical location from which:
126          (a) an electronic meeting originates; or
127          (b) the participants are connected.
128          (2) "Bill" means the same as that term is defined in JR4-1-101.
129          (3) "Chair" except as otherwise expressly provided, means:
130          (a) the member of the Senate appointed as chair of an interim committee by the
131     president of the Senate under JR7-1-202;
132          (b) the member of the House of Representatives appointed as chair of an interim
133     committee by the speaker of the House of Representatives under JR7-1-202;
134          (c) a member of a special committee appointed as chair of the special committee; or
135          (d) a member of a legislative committee designated by the chair of the legislative
136     committee under Subsection (3)(a), (b), or (c) to act as chair under JR7-1-202.
137          (4) "Committee bill" means draft legislation that receives a favorable recommendation.
138          (5) "Committee bill file" means a request for legislation made by:
139          (a) a majority vote of a legislative committee; or
140          (b) the chairs of an interim committee, if the interim committee authorizes the chairs to
141     open one or more committee bill files in accordance with JR7-1-602.
142          (6) "Committee note" means a note that the Office of Legislative Research and General
143     Counsel places on legislation in accordance with JR4-2-401.
144          (7) "Draft legislation" means a draft of a bill or resolution before it is numbered by the
145     Office of Legislative Research and General Counsel.
146          (8) "Electronic meeting" means [a public meeting of a legislative committee that is
147     partially convened or conducted by means of a voice telephone or computer web or video
148     conference] the same as that term is defined in Utah Code Section 52-4-103.
149          [(9) "Electronic notice" means electronic mail or fax.]
150          [(10)] (9) "Favorable recommendation" means an action of a legislative committee by
151     majority vote to favorably recommend legislation.
152          [(11)] (10) "Legislative committee" means:
153          (a) an interim committee; or
154          (b) a special committee.
155          [(12)] (11) "Interim committee" means a committee created under JR7-1-201.
156          [(13)] (12) "Legislative sponsor" means:
157          (a) for a committee bill file, the chairs of the legislative committee that opened the
158     committee bill file or the chairs' designee; or
159          (b) for a request for legislation that is not a committee bill file, the legislator who
160     requested the request for legislation or the legislator's designee.
161          [(14)] (13) "Majority vote" means:
162          (a) with respect to an interim committee, an affirmative vote of at least 50% of a
163     quorum of members of the interim committee from one chamber and more than 50% of a
164     quorum of members of the interim committee from the other chamber; or
165          (b) with respect to a special committee, an affirmative vote of more than 50% of a
166     quorum.
167          [(15)] (14) "Mixed special committee" means a special committee that is composed of
168     one or more members who are legislators and one or more members who are not legislators.
169          [(16) "Monitor" means to:]
170          [(a) hear live, by speaker, or by other equipment, all of the public statements of each
171     member of the legislative committee who is participating in a meeting; or]
172          [(b) see and hear, by computer screen or other visual medium, all of the public
173     statements of each member of the legislative committee who is participating in a meeting.]
174          [(17)] (15) "Original motion" means a nonprivileged motion that is accepted by the
175     chair when no other motion is pending.
176          [(18) "Participate" means the ability to communicate with all of the members of a
177     legislative committee, either verbally or electronically, so that each member of the legislative
178     committee can hear or see the communication.]
179          [(19)] (16) "Pending motion" means a motion described in JR7-1-307.
180          [(20)] (17) "Privileged motion" means a motion to adjourn, set a time to adjourn,
181     recess, end debate, extend debate, or limit debate.
182          [(21)] (18) "Public statement" means a statement made in the ordinary course of
183     business of a legislative committee with the intent that all other members of the legislative
184     committee receive it.
185          [(22)] (19) "Remote location" means a location other than the anchor location from
186     which a member of a legislative committee may participate in the meeting.
187          [(23)] (20) "Request for legislation" means the same as that term is defined in
188     JR4-1-101.
189          [(24)] (21) "Resolution" means the same as that term is defined in JR4-1-101.
190          [(25)] (22) (a) "Special committee" means a committee, commission, or task force that
191     is:
192          (i) created by legislation; and
193          (ii) staffed by:
194          (A) the Office of Legislative Research and General Counsel; or
195          (B) the Office of the Legislative Fiscal Analyst.
196          (b) "Special committee" does not include:
197          (i) an interim committee;
198          (ii) a standing committee created under SR3-2-201 or HR3-2-201; or
199          (iii) a Senate confirmation committee described in SR3-3-101 or SR3-3-201.
200          [(26)] (23) "Subcommittee" means a subsidiary unit of a legislative committee formed
201     in accordance with JR7-1-411.
202          [(27)] (24) "Substitute motion" means a nonprivileged motion that a member of a
203     legislative committee makes when there is a nonprivileged motion pending.
204          Section 4. Repealer.
205          This resolution repeals:
206          JR1-4-403, Requirements of emergency electronic meetings.
207          JR7-1-407, Electronic meetings for remote participation by a member.