Representative James A. Dunnigan proposes the following substitute bill:


1     
OPEN AND PUBLIC MEETINGS ACT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Michael K. McKell

6     

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
38     

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: [the physical location from which:]
44          [(a) an electronic meeting originates; or]
45          [(b) the participants are connected.]
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          [(3) (a) "Convening" means the calling together of a public body by a person
54     authorized to do so for the express purpose of discussing or acting upon a subject over which
55     that public body has jurisdiction or advisory power.]
56          [(b) "Convening" does not include the initiation of a routine conversation between
57     members of a board of trustees of a large public transit district if the members involved in the
58     conversation do not, during the conversation, take a tentative or final vote on the matter that is
59     the subject of the conversation.]
60          [(4)] (3) "Electronic meeting" means a [public] meeting [convened or conducted by
61     means of a conference using electronic communications] that some or all public body members
62     attend through an electronic video, audio, or both video and audio connection, as provided in
63     Section 52-4-207.
64          [(5) "Electronic message" means a communication transmitted electronically,
65     including:]
66          [(a) electronic mail;]
67          [(b) instant messaging;]
68          [(c) electronic chat;]
69          [(d) text messaging, which means a communication in the form of electronic text or
70     one or more electronic images sent by the actor from a telephone, computer, or other electronic
71     communication device to another person's telephone, computer, or electronic communication
72     device by addressing the communication to the person's telephone number or other electronic
73     communication access code or number; or]
74          [(e) any other method that conveys a message or facilitates communication
75     electronically.]
76          [(6)] (4) "Fiduciary or commercial information" means information:
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          [(7)] (5) [(a)] "Meeting" means [the convening of a public body or a specified body,
95     with a quorum present, including a workshop or an executive session, whether in person or by
96     means of electronic communications, for the purpose of discussing, receiving comments from
97     the public about, or acting upon a matter over which the public body or specified body has
98     jurisdiction or advisory power.] a gathering:
99          (a) of a public body or specified body:
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.
110          [(b) "Meeting" does not mean:]
111          [(i) a chance gathering or social gathering;]
112          [(ii) a convening of the State Tax Commission to consider a confidential tax matter in
113     accordance with Section 59-1-405; or]
114          [(iii) a convening of a three-member board of trustees of a large public transit district
115     as defined in Section 17B-2a-802 if:]
116          [(A) the board members do not, during the conversation, take a tentative or final vote
117     on the matter that is the subject of the conversation; or]
118          [(B) the conversation pertains only to day-to-day management and operation of the
119     public transit district.]
120          [(c) "Meeting" does not mean the convening of a public body that has both legislative
121     and executive responsibilities if:]
122          [(i) no public funds are appropriated for expenditure during the time the public body is
123     convened; and]
124          [(ii) the public body is convened solely for the discussion or implementation of
125     administrative or operational matters:]
126          [(A) for which no formal action by the public body is required; or]
127          [(B) that would not come before the public body for discussion or action.]
128          [(8)] (6) ["Monitor" means to hear or observe, live, by audio or video equipment, all of
129     the public statements of each member of the public body who is participating in a meeting.]
130          [(9)] (7) "Participate" means the ability to communicate with all of the 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          [(10)] (8) (a) "Public body" means:
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 [persons] individuals;
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 [persons] individuals;
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, [or] a sifting committee, or an
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          [(11)] (9) "Public statement" means a statement made in the ordinary course of
170     business of the public body with the intent that all other members of the public body receive it.
171          [(12)] (10) [(a)] "Quorum" means a simple majority of the membership of a public
172     body, unless otherwise defined by applicable law.
173          [(b) "Quorum" does not include a meeting of two elected officials by themselves when
174     no action, either formal or informal, is taken.]
175          [(13)] (11) "Recording" means an audio, or an audio and video, record of the
176     proceedings of a meeting that can be used to review the proceedings of the meeting.
177          (12) (a) "Relevant matter" means a matter that is within the scope of the 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          [(14)] (13) "Specified body":
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 [(10)(c)(ii) or (10)(c)(v)] (8)(c)(ii) or
190     (8)(c)(v).
191          [(15) "Transmit" means to send, convey, or communicate an electronic message by
192     electronic means.]
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     [convened] held for the purpose of conducting business relating to the receipt or review of an
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 [convened] held for the purpose of conducting business
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 [convened] held for the purpose of conducting business
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"[; or].
240          [(iv) for the Data Security Management Council created in Section 63A-16-701, the
241     closed meeting is convened in accordance with Subsection 63A-16-701(7), if public notice of
242     the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating
243     that the meeting will be closed for the purpose of "conducting business relating to information
244     technology security."]
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 [convene and] conduct [an electronic] a meeting that some or all members of the
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; [or]
288          (vi) provide a procedure for recording votes of members, including defining
289     circumstances under which a roll call vote is required; or
290          [(vi)] (vii) establish other procedures, limitations, or conditions governing electronic
291     meetings not in conflict with this section.
292          (3) A public body that [convenes and] conducts an electronic meeting shall:
293          (a) give public notice of the electronic meeting in accordance with Section 52-4-202;
294     and
295          [(b) except for an electronic meeting described in Subsection (5), post written notice of
296     the electronic meeting at the anchor location; and]
297          [(c)] (b) except as otherwise provided in a rule of the Legislature applicable to the
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 [electronically] connect to the meeting.
300          (4) (a) Except as provided in Subsection (5), a public body that [convenes and]
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 [convenes and] conducts an electronic meeting may provide
304     means by which members of the public may [attend the meeting] participate remotely by
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 [attend] participate in the meeting
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 [convening] conducting the electronic meeting, the public body has provided
325     means by which members of the public who are not physically present at the anchor location
326     may [attend] participate in the electronic meeting remotely by electronic means;
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 [52-4-202(3)(a)(i)(B)] 52-4-202(3)(a)
337     for the electronic meeting includes information on how a member of the public may [attend]
338     participate in the meeting remotely by electronic means; and
339          (iv) the board of trustees allows members of the public [attending] to participate in the
340     meeting [by remote] remotely by electronic means [to participate in the meeting; or];
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 [52-4-202(3)(a)(i)(B)] 52-4-202(3)(a)
351     for the electronic meeting includes information on how a member of the public may [attend]
352     participate in the meeting remotely by electronic means; and
353          (iv) the administrative control board allows members of the public [attending the
354     meeting by remote electronic means] to participate in the meeting[.] remotely by electronic
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          [(9) Except for a unanimous vote, a public body that is conducting an electronic
369     meeting shall take all votes by roll call.]
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 [convene and] conduct an electronic meeting in
400     accordance with Section 52-4-207.
401          (b) A charter school board may [convene and] conduct an electronic meeting in
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 [shall] may be construed to restrict a member of a public body
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 [an open] a meeting.
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.