This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 21, 2024 at 4:03 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Open and Public Meetings Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions applicable to the Open and Public Meetings Act, including:
13 • deleting the definitions of "convening," "monitor," and "transmit";
14 • modifying the definitions of "anchor location," "meeting," and "quorum"; and
15 • enacting a definition for "relevant matter";
16 ▸ modifies a provision relating to the transmission of electronic messages;
17 ▸ repeals language relating to posting a written notice of an electronic meeting;
18 ▸ modifies a provision relating to an anchor location for an electronic meeting;
19 ▸ modifies language relating to the recording of a vote at an electronic meeting;
20 ▸ repeals language relating to chance or social meetings and replaces it with language
21 prohibiting individuals constituting a quorum of a public body from taking certain
22 action; and
23 ▸ repeals obsolete language and makes conforming and technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 52-4-103, as last amended by Laws of Utah 2023, Chapters 139, 374 and 457
31 52-4-204, as last amended by Laws of Utah 2022, Chapters 169, 422
32 52-4-207, as last amended by Laws of Utah 2023, Chapter 100
33 52-4-209, as last amended by Laws of Utah 2018, Chapter 415
34 52-4-210, as enacted by Laws of Utah 2011, Chapter 25
35 52-4-302, as last amended by Laws of Utah 2023, Chapter 435
36 REPEALS AND REENACTS:
37 52-4-208, as enacted by Laws of Utah 2006, Chapter 14
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39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 52-4-103 is amended to read:
41 52-4-103. Definitions.
42 As used in this chapter:
43 (1) "Anchor location" means: [
44 [
45 [
46 (a) the physical location where the public body conducting an electronic meeting under
47 Section 52-4-207 normally conducts meetings of the public body; or
48 (b) a location other than the location described in Subsection (1)(a) that is reasonably
49 as accessible to the public as the location described in Subsection (1)(a).
50 (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
51 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
52 City.
53 [
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62 attend through an electronic video, audio, or both video and audio connection, as provided in
63 Section 52-4-207.
64 [
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66 [
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77 (a) related to any subject if disclosure:
78 (i) would conflict with a fiduciary obligation; or
79 (ii) is prohibited by insider trading provisions; or
80 (b) that is commercial in nature including:
81 (i) account owners or borrowers;
82 (ii) demographic data;
83 (iii) contracts and related payments;
84 (iv) negotiations;
85 (v) proposals or bids;
86 (vi) investments;
87 (vii) management of funds;
88 (viii) fees and charges;
89 (ix) plan and program design;
90 (x) investment options and underlying investments offered to account owners;
91 (xi) marketing and outreach efforts;
92 (xii) financial plans; or
93 (xiii) reviews and audits excluding the final report required under Section 53B-8a-111.
94 [
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99 (a) of a public body or specified body Ŝ→ [
100 (b) with a quorum present; and
101 (c) that is convened:
102 (i) by an individual:
103 (A) with authority to convene the public body or specified body; and
104 (B) following the process provided by law for convening the public body or specified
105 body; and
106 (ii) for the express purpose of acting as a public body or specified body to:
107 (A) receive public comment about a relevant matter;
108 (B) deliberate about a relevant matter; or
109 (C) take action upon a relevant matter.
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130a members of a
131 public body, either verbally or electronically, so that each member of the public body can hear
132 or observe the communication.
133 [
134 (i) any administrative, advisory, executive, or legislative body of the state or its
135 political subdivisions that:
136 (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
137 (B) consists of two or more [
138 (C) expends, disburses, or is supported in whole or in part by tax revenue; and
139 (D) is vested with the authority to make decisions regarding the public's business; or
140 (ii) any administrative, advisory, executive, or policymaking body of an association, as
141 that term is defined in Section 53G-7-1101, that:
142 (A) consists of two or more [
143 (B) expends, disburses, or is supported in whole or in part by dues paid by a public
144 school or whose employees participate in a benefit or program described in Title 49, Utah State
145 Retirement and Insurance Benefit Act; and
146 (C) is vested with authority to make decisions regarding the participation of a public
147 school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
148 (b) "Public body" includes:
149 (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
150 Section 11-13-103;
151 (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
152 (iii) the Utah Independent Redistricting Commission; and
153 (iv) a project entity, as that term is defined in Section 11-13-103.
154 (c) "Public body" does not include:
155 (i) a political party, a political group, or a political caucus;
156 (ii) a conference committee, a rules committee, [
157 administrative staff committee of the Legislature;
158 (iii) a school community council or charter trust land council, as that term is defined in
159 Section 53G-7-1203;
160 (iv) a taxed interlocal entity, as that term is defined in Section 11-13-602, if the taxed
161 interlocal entity is not a project entity; or
162 (v) the following Legislative Management subcommittees, which are established in
163 Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
164 recommend for employment, except that the meeting in which a subcommittee votes to
165 recommend that a candidate be employed shall be subject to the provisions of this act:
166 (A) the Research and General Counsel Subcommittee;
167 (B) the Budget Subcommittee; and
168 (C) the Audit Subcommittee.
169 [
170 business of the public body with the intent that all other members of the public body receive it.
171 [
171a public
172 body, unless otherwise defined by applicable law.
173 [
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176 proceedings of a meeting that can be used to review the proceedings of the meeting.
177 Ŝ→ [
177a authority of a
178 public body or specified body.
179 (b) "Relevant matter" does not include, for a public body with both executive and
180 legislative responsibilities, a managerial or operational matter.
181 [
182 (a) means an administrative, advisory, executive, or legislative body that:
183 (i) is not a public body;
184 (ii) consists of three or more members; and
185 (iii) includes at least one member who is:
186 (A) a legislator; and
187 (B) officially appointed to the body by the president of the Senate, speaker of the
188 House of Representatives, or governor; and
189 (b) does not include a body listed in Subsection [
189a (c)(ii) or
190 Ŝ→ [
191 [
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193 Section 2. Section 52-4-204 is amended to read:
194 52-4-204. Closed meeting held upon vote of members -- Business -- Reasons for
195 meeting recorded.
196 (1) A closed meeting may be held if:
197 (a) (i) a quorum is present;
198 (ii) the meeting is an open meeting for which notice has been given under Section
199 52-4-202; and
200 (iii) (A) two-thirds of the members of the public body present at the open meeting vote
201 to approve closing the meeting;
202 (B) for a meeting that is required to be closed under Section 52-4-205, if a majority of
203 the members of the public body present at an open meeting vote to approve closing the
204 meeting;
205 (C) for an ethics committee of the Legislature that is conducting an open meeting for
206 the purpose of reviewing an ethics complaint, a majority of the members present vote to
207 approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
208 evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
209 complaint;
210 (D) for the Political Subdivisions Ethics Review Commission established in Section
211 63A-15-201 that is conducting an open meeting for the purpose of reviewing an ethics
212 complaint in accordance with Section 63A-15-701, a majority of the members present vote to
213 approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
214 evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
215 complaint;
216 (E) for a project entity that is conducting an open meeting for the purposes of
217 determining the value of an asset, developing a strategy related to the sale or use of that asset;
218 (F) for a project entity that is conducting an open meeting for purposes of discussing a
219 business decision, the disclosure of which could cause commercial injury to, or confer a
220 competitive advantage upon a potential or actual competitor of, the project entity; or
221 (G) for a project entity that is conducting an open meeting for purposes of discussing a
222 record, the disclosure of which could cause commercial injury to, or confer a competitive
223 advantage upon a potential competitor of, the project entity; or
224 (b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
225 [
226 ethics complaint, if public notice of the closed meeting is given under Section 52-4-202, with
227 the agenda for the meeting stating that the meeting will be closed for the purpose of
228 "conducting business relating to the receipt or review of ethics complaints";
229 (ii) for the Political Subdivisions Ethics Review Commission established in Section
230 63A-15-201, the closed meeting is [
231 relating to the preliminary review of an ethics complaint in accordance with Section
232 63A-15-602, if public notice of the closed meeting is given under Section 52-4-202, with the
233 agenda for the meeting stating that the meeting will be closed for the purpose of "conducting
234 business relating to the review of ethics complaints"; or
235 (iii) for the Independent Executive Branch Ethics Commission created in Section
236 63A-14-202, the closed meeting is [
237 relating to an ethics complaint, if public notice of the closed meeting is given under Section
238 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the
239 purpose of "conducting business relating to an ethics complaint"[
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245 (2) A closed meeting is not allowed unless each matter discussed in the closed meeting
246 is permitted under Section 52-4-205.
247 (3) (a) An ordinance, resolution, rule, regulation, contract, or appointment may not be
248 approved at a closed meeting.
249 (b) (i) A public body may not take a vote in a closed meeting, except for a vote on a
250 motion to end the closed portion of the meeting and return to an open meeting.
251 (ii) A motion to end the closed portion of a meeting may be approved by a majority of
252 the public body members present at the meeting.
253 (4) The following information shall be publicly announced and entered on the minutes
254 of the open meeting at which the closed meeting was approved:
255 (a) the reason or reasons for holding the closed meeting;
256 (b) the location where the closed meeting will be held; and
257 (c) the vote by name, of each member of the public body, either for or against the
258 motion to hold the closed meeting.
259 (5) Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be
260 construed to require any meeting to be closed to the public.
261 Section 3. Section 52-4-207 is amended to read:
262 52-4-207. Electronic meetings -- Authorization -- Requirements.
263 (1) Except as otherwise provided for a charter school in Section 52-4-209, a public
264 body may [
265 public body attend through an electronic video, audio, or both video and audio connection, in
266 accordance with this section.
267 (2) (a) A public body may not hold an electronic meeting unless the public body has
268 adopted a resolution, rule, or ordinance governing the use of electronic meetings.
269 (b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
270 electronic meeting shall establish the conditions under which a remote member is included in
271 calculating a quorum.
272 (c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
273 (i) prohibit or limit electronic meetings based on budget, public policy, or logistical
274 considerations;
275 (ii) require a quorum of the public body to:
276 (A) be present at a single anchor location for the meeting; and
277 (B) vote to approve establishment of an electronic meeting in order to include other
278 members of the public body through an electronic video, audio, or both video and audio
279 connection;
280 (iii) require a request for an electronic meeting to be made by a member of a public
281 body up to three days prior to the meeting to allow for arrangements to be made for the
282 electronic meeting;
283 (iv) restrict the number of separate connections for members of the public body that are
284 allowed for an electronic meeting based on available equipment capability;
285 (v) if the public body is statutorily authorized to allow a member of the public body to
286 act by proxy, establish the conditions under which a member may vote or take other action by
287 proxy; [
288 (vi) provide a procedure for recording votes of members, including defining
289 circumstances under which a roll call vote is required; or
290 [
291 meetings not in conflict with this section.
292 (3) A public body that [
293 (a) give public notice of the electronic meeting in accordance with Section 52-4-202;
294 and
295 [
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297 [
298 public body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
299 member of the public body a description of how to [
300 (4) (a) Except as provided in Subsection (5), a public body that [
301 conducts an electronic meeting shall provide space and facilities at an anchor location for
302 members of the public to attend the open portions of the meeting.
303 (b) A public body that [
304 means by which members of the public may [
305 electronic means.
306 (5) Subsection (4)(a) does not apply to an electronic meeting if:
307 (a) (i) the chair of the public body determines that:
308 (A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
309 to the health or safety of those present or who would otherwise be present at the anchor
310 location; or
311 (B) the location where the public body would normally meet has been ordered closed
312 to the public for health or safety reasons; and
313 (ii) the public notice for the meeting includes:
314 (A) a statement describing the chair's determination under Subsection (5)(a)(i);
315 (B) a summary of the facts upon which the chair's determination is based; and
316 (C) information on how a member of the public may [
317 remotely by electronic means;
318 (b) (i) during the course of the electronic meeting, the chair:
319 (A) determines that continuing to conduct the electronic meeting as provided in
320 Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
321 anchor location; and
322 (B) announces during the electronic meeting the chair's determination under Subsection
323 (5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
324 (ii) in [
325 means by which members of the public who are not physically present at the anchor location
326 may [
327 (c) (i) the public body is a special district board of trustees established under Title 17B,
328 Chapter 1, Part 3, Board of Trustees;
329 (ii) the board of trustees' membership consists of:
330 (A) at least two members who are elected or appointed to the board as owners of land,
331 or as an agent or officer of the owners of land, under the criteria described in Subsection
332 17B-1-302(2)(b); or
333 (B) at least one member who is elected or appointed to the board as an owner of land,
334 or as an agent or officer of the owner of land, under the criteria described in Subsection
335 17B-1-302(3)(a)(ii);
336 (iii) the public notice required under Subsection [
337 for the electronic meeting includes information on how a member of the public may [
338 participate in the meeting remotely by electronic means; and
339 (iv) the board of trustees allows members of the public [
340 meeting [
341 (d) (i) the public body is a special service district administrative control board
342 established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
343 (ii) the administrative control board's membership consists of:
344 (A) at least one member who is elected or appointed to the board as an owner of land,
345 or as an agent or officer of the owner of land, under the criteria described in Subsection
346 17D-1-304(1)(a)(iii)(A) or (B), as applicable; or
347 (B) members that qualify for election or appointment to the board because the owners
348 of real property in the special service district meet or exceed the threshold percentage described
349 in Subsection 17D-1-304(1)(b)(i);
350 (iii) the public notice required under Subsection [
351 for the electronic meeting includes information on how a member of the public may [
352 participate in the meeting remotely by electronic means; and
353 (iv) the administrative control board allows members of the public [
354
355 means; or
356 (e) all public body members attend the meeting remotely through an electronic video,
357 audio, or both video and audio connection, unless the public body receives a written request, at
358 least 12 hours before the scheduled meeting time, to provide for an anchor location for
359 members of the public to attend in person the open portions of the meeting.
360 (6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
361 the chair of the public body makes the determination.
362 (7) Compliance with the provisions of this section by a public body constitutes full and
363 complete compliance by the public body with the corresponding provisions of Sections
364 52-4-201 and 52-4-202.
365 (8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
366 (2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
367 vote or otherwise act by proxy.
368 [
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370 Section 4. Section 52-4-208 is repealed and reenacted to read:
371 52-4-208. Predetermining public body action prohibited -- Exception.
372 (1) Individuals constituting a quorum of a public body may not act together outside a
373 meeting in a concerted and deliberate way to predetermine an action to be taken by the public
374 body at a meeting on a relevant matter.
375 (2) Subsection (1) does not apply to an individual acting as a member of a body that is
376 not a public body under Subsection 52-4-103(8)(c).
377 Section 5. Section 52-4-209 is amended to read:
378 52-4-209. Electronic meetings for charter school board.
379 (1) Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as
380 used in this section:
381 (a) "Anchor location" means a physical location where:
382 (i) the charter school board would normally meet if the charter school board were not
383 holding an electronic meeting; and
384 (ii) space, a facility, and technology are provided to the public to monitor and, if public
385 comment is allowed, to participate in an electronic meeting during regular business hours.
386 (b) "Charter school board" means the governing board of a school created under Title
387 53G, Chapter 5, Charter Schools.
388 (c) "Meeting" means the convening of a charter school board:
389 (i) with a quorum who:
390 (A) monitors a website at least once during the electronic meeting; and
391 (B) casts a vote on a website, if a vote is taken; and
392 (ii) for the purpose of discussing, receiving comments from the public about, or acting
393 upon a matter over which the charter school board has jurisdiction or advisory power.
394 (d) "Monitor" means to:
395 (i) read all the content added to a website by the public or a charter school board
396 member; and
397 (ii) view a vote cast by a charter school board member on a website.
398 (e) "Participate" means to add content to a website.
399 (2) (a) A charter school board may [
400 accordance with Section 52-4-207.
401 (b) A charter school board may [
402 accordance with this section that is in writing on a website if:
403 (i) the chair verifies that a quorum monitors the website;
404 (ii) the content of the website is available to the public;
405 (iii) the chair controls the times in which a charter school board member or the public
406 participates; and
407 (iv) the chair requires a person to identify himself or herself if the person:
408 (A) participates; or
409 (B) casts a vote as a charter school board member.
410 (3) A charter school that conducts an electronic meeting under this section shall:
411 (a) give public notice of the electronic meeting:
412 (i) in accordance with Section 52-4-202; and
413 (ii) by posting written notice at the anchor location as required under Section 52-4-207;
414 (b) in addition to giving public notice required by Subsection (3)(a), provide:
415 (i) notice of the electronic meeting to the members of the charter school board at least
416 24 hours before the meeting so that they may participate in and be counted as present for all
417 purposes, including the determination that a quorum is present;
418 (ii) a description of how the members and the public may be connected to the
419 electronic meeting;
420 (iii) a start and end time for the meeting, which shall be no longer than 5 days; and
421 (iv) a start and end time for when a vote will be taken in an electronic meeting, which
422 shall be no longer than four hours; and
423 (c) provide an anchor location.
424 (4) The chair shall:
425 (a) not allow anyone to participate from the time the notice described in Subsection
426 (3)(b)(iv) is given until the end time for when a vote will be taken; and
427 (b) allow a charter school board member to change a vote until the end time for when a
428 vote will be taken.
429 (5) During the time in which a vote may be taken, a charter school board member may
430 not communicate in any way with any person regarding an issue over which the charter school
431 board has jurisdiction.
432 (6) A charter school conducting an electronic meeting under this section may not close
433 a meeting as otherwise allowed under this part.
434 (7) (a) Written minutes shall be kept of an electronic meeting conducted as required in
435 Section 52-4-203.
436 (b) (i) Notwithstanding Section 52-4-203, a recording is not required of an electronic
437 meeting described in Subsection (2)(b).
438 (ii) All of the content of the website shall be kept for an electronic meeting conducted
439 under this section.
440 (c) Written minutes are the official record of action taken at an electronic meeting as
441 required in Section 52-4-203.
442 (8) (a) A charter school board shall ensure that the website used to conduct an
443 electronic meeting:
444 (i) is secure; and
445 (ii) provides with reasonably certainty the identity of a charter school board member
446 who logs on, adds content, or casts a vote on the website.
447 (b) A person is guilty of a class B misdemeanor if the person falsely identifies himself
448 or herself as required by Subsection (2)(b)(iv).
449 (9) Compliance with the provisions of this section by a charter school constitutes full
450 and complete compliance by the public body with the corresponding provisions of Sections
451 52-4-201 and 52-4-202.
452 Section 6. Section 52-4-210 is amended to read:
453 52-4-210. Electronic message transmissions.
454 Nothing in this chapter [
455 from transmitting an electronic message to other members of the public body at a time when
456 the public body is not convened in [
457 Section 7. Section 52-4-302 is amended to read:
458 52-4-302. Suit to void final action -- Limitation -- Exceptions.
459 (1) (a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207,
460 52-4-208, or 52-4-209 is voidable by a court of competent jurisdiction.
461 (b) A court may not void a final action taken by a public body for failure to comply
462 with the posting written notice requirements under Subsection 52-4-202(3)(a) if:
463 (i) the posting is made for a meeting that is held before April 1, 2009; or
464 (ii) (A) the public body otherwise complies with the provisions of Section 52-4-202;
465 and
466 (B) the failure was a result of unforeseen Internet hosting or communication
467 technology failure.
468 (2) Except as provided under Subsection (3), a suit to void final action shall be
469 commenced within 90 days after the date of the action.
470 (3) A suit to void final action concerning the issuance of bonds, notes, or other
471 evidences of indebtedness shall be commenced within 30 days after the date of the action.
472 (4) In a suit under this section to void a final action in violation of Section 52-4-208, a
473 court may award a prevailing plaintiff a reasonable attorney fee and costs.
474 Section 8. Effective date.
475 This bill takes effect on May 1, 2024.