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• 2024 General Session
• H.B. 36

H.B. 36 Open and Public Meetings Act Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Dunnigan, James A.

Floor Sponsor: Sen. McKell, Michael K.

• Substitute Sponsor: Rep. Dunnigan, James A.

• Drafting Attorney: Robert H. Rees
• Fiscal Analyst: Andrew Talleh

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• Bill Text
  • Introduced
  • Amended
    • Amended Pages Only
  • Enrolled

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• Other Versions
  • H.B. 36
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • House Transmittal Letter 2
    • Senate Transmittal Letter 1
    • Senate Transmittal Letter 2
  • H.B. 36 1st Substitute
    Substitute Sponsor: Dunnigan, J.
    

    • Introduced
    • Fiscal Note
    • HB0036 comparison
  • H.B. 36 2nd Substitute
    Substitute Sponsor: Dunnigan, J.
    

    • Introduced
    • Fiscal Note
    • HB0036S01 comparison

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• Related Documents
  • Fiscal Note
  • Senate Floor Amendment 1(passed)
  • HB0036S02 comparison

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• Information
  • Last Action: 19 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Counties
  • Open and Public Meetings
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  • Notice Requirements

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Enrolled

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H.B. 36

9 52-4-103 52-4-204 52-4-207 52-4-208 52-4-209 52-4-210 52-4-302

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OPEN AND PUBLIC MEETINGS ACT AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: James A. Dunnigan Senate Sponsor: Michael K. McKell

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LONG TITLE

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General Description:

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This bill modifies provisions of the Open and Public Meetings Act.

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Highlighted Provisions:

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This bill:

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▸modifies definitions applicable to the Open and Public Meetings Act, including:

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•deleting the definitions of "convening," "monitor," and "transmit";

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•modifying the definitions of "anchor location," "meeting," and "quorum"; and

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•enacting a definition for "relevant matter";

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▸modifies a provision relating to the transmission of electronic messages;

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▸repeals language relating to posting a written notice of an electronic meeting;

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▸modifies a provision relating to an anchor location for an electronic meeting;

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▸modifies language relating to the recording of a vote at an electronic meeting;

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▸repeals language relating to chance or social meetings and replaces it with language

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prohibiting individuals constituting a quorum of a public body from taking certain action; and

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▸repeals obsolete language and makes conforming and technical changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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52-4-103, as last amended by Laws of Utah 2023, Chapters 139, 374 and 457

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52-4-204, as last amended by Laws of Utah 2022, Chapters 169, 422

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52-4-207, as last amended by Laws of Utah 2023, Chapter 100

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52-4-209, as last amended by Laws of Utah 2018, Chapter 415

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52-4-210, as enacted by Laws of Utah 2011, Chapter 25

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52-4-302, as last amended by Laws of Utah 2023, Chapter 435

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REPEALS AND REENACTS:

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52-4-208, as enacted by Laws of Utah 2006, Chapter 14

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Be it enacted by the Legislature of the state of Utah:

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36

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Section 1, Section 52-4-103 is amended to read:

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52-4-103. Definitions. As used in this chapter:

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(1)"Anchor location" means the physical location from which :

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(a) an electronic meeting originates; or

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(b) the participants are connected.

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(a) the physical location where the public body conducting an electronic meeting under

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Section 52-4-207 normally conducts meetings of the public body; or

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(b) a location other than the location described in Subsection (1)(a) that is reasonably as

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accessible to the public as the location described in Subsection (1)(a).

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(2)"Capitol hill complex" means the grounds and buildings within the area bounded by 300

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North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt

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Lake City.

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(3) (a) "Convening" means the calling together of a public body by a person authorized to

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do so for the express purpose of discussing or acting upon a subject over which that

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public body has jurisdiction or advisory power.

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(b) "Convening" does not include the initiation of a routine conversation between

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members of a board of trustees of a large public transit district if the members involved

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in the conversation do not, during the conversation, take a tentative or final vote on the

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matter that is the subject of the conversation.

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(4) (3) "Electronic meeting" means a public meeting convened or conducted by means

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of a conference using electronic communications that some or all public body members

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attend through an electronic video, audio, or both video and audio connection, as

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provided in Section 52-4-207 .

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(5) "Electronic message" means a communication transmitted electronically, including:

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(a) electronic mail;

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(b) instant messaging;

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(c) electronic chat;

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(d) text messaging, which means a communication in the form of electronic text or one or

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more electronic images sent by the actor from a telephone, computer, or other electronic

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communication device to another person's telephone, computer, or electronic

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communication device by addressing the communication to the person's telephone

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number or other electronic communication access code or number; or

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(e) any other method that conveys a message or facilitates communication electronically.

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(6) (4) "Fiduciary or commercial information" means information:

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(a)related to any subject if disclosure:

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(i)would conflict with a fiduciary obligation; or

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(ii)is prohibited by insider trading provisions; or

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(b)that is commercial in nature including:

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(i)account owners or borrowers;

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(ii)demographic data;

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(iii)contracts and related payments;

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(iv)negotiations;

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(v)proposals or bids;

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(vi)investments;

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(vii)management of funds;

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(viii)fees and charges;

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(ix)plan and program design;

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(x)investment options and underlying investments offered to account owners;

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(xi)marketing and outreach efforts;

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(xii)financial plans; or

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(xiii)reviews and audits excluding the final report required under Section 53B-8a-111.

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(7) (5) (a) "Meeting" means the convening of a public body or a specified body, with

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a quorum present, including a workshop or an executive session, whether in person or

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by means of electronic communications, for the purpose of discussing, receiving

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comments from the public about, or acting upon a matter over which the public body

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or specified body has jurisdiction or advisory power. a gathering:

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(a) of a public body or specified body;

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(b) with a quorum present; and

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(c) that is convened:

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(i) by an individual:

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(A) with authority to convene the public body or specified body; and

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(B) following the process provided by law for convening the public body or

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specified body; and

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(ii) for the express purpose of acting as a public body or specified body to:

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(A) receive public comment about a relevant matter;

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(B) deliberate about a relevant matter; or

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(C) take action upon a relevant matter.

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(b) "Meeting" does not mean:

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(i) a chance gathering or social gathering;

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(ii) a convening of the State Tax Commission to consider a confidential tax matter in

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accordance with Section 59-1-405; or

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(iii) a convening of a three-member board of trustees of a large public transit district as

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defined in Section 17B-2a-802 if:

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(A) the board members do not, during the conversation, take a tentative or final vote

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on the matter that is the subject of the conversation; or

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(B) the conversation pertains only to day-to-day management and operation of the

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public transit district.

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(c) "Meeting" does not mean the convening of a public body that has both legislative

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and executive responsibilities if:

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(i) no public funds are appropriated for expenditure during the time the public body is

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convened; and

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(ii) the public body is convened solely for the discussion or implementation of

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administrative or operational matters:

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(A) for which no formal action by the public body is required; or

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(B) that would not come before the public body for discussion or action.

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(8) "Monitor" means to hear or observe, live, by audio or video equipment, all of the

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public statements of each member of the public body who is participating in a meeting.

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(9) (6) "Participate" means the ability to communicate with all of the members of a public

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body, either verbally or electronically, so that each member of the public body can hear

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or observe the communication.

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(10) (7) (a)"Public body" means:

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(i)any administrative, advisory, executive, or legislative body of the state or its

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political subdivisions that:

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(A)is created by the Utah Constitution, statute, rule, ordinance, or resolution;

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(B)consists of two or more persons individuals;

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(C)expends, disburses, or is supported in whole or in part by tax revenue; and

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(D)is vested with the authority to make decisions regarding the public's business;

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or

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(ii)any administrative, advisory, executive, or policymaking body of an association,

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as that term is defined in Section 53G-7-1101, that:

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(A)consists of two or more persons individuals;

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(B)expends, disburses, or is supported in whole or in part by dues paid by a

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public school or whose employees participate in a benefit or program described

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in Title 49, Utah State Retirement and Insurance Benefit Act; and

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(C)is vested with authority to make decisions regarding the participation of a

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public school or student in an interscholastic activity, as that term is defined in

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Section 53G-7-1101.

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(b)"Public body" includes:

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(i)an interlocal entity or joint or cooperative undertaking, as those terms are defined

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in Section 11-13-103;

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(ii)a governmental nonprofit corporation as that term is defined in Section

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11-13a-102 ;

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(iii)the Utah Independent Redistricting Commission; and

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(iv)a project entity, as that term is defined in Section 11-13-103.

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(c)"Public body" does not include:

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(i)a political party, a political group, or a political caucus;

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(ii)a conference committee, a rules committee, or a sifting committee , or an

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administrative staff committee of the Legislature;

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(iii)a school community council or charter trust land council, as that term is defined

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in Section 53G-7-1203;

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(iv)a taxed interlocal entity, as that term is defined in Section 11-13-602, if the taxed

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interlocal entity is not a project entity; or

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(v)the following Legislative Management subcommittees, which are established in

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Section 36-12-8, when meeting for the purpose of selecting or evaluating a

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candidate to recommend for employment, except that the meeting in which a

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subcommittee votes to recommend that a candidate be employed shall be subject

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to the provisions of this act:

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(A)the Research and General Counsel Subcommittee;

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(B)the Budget Subcommittee; and

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(C)the Audit Subcommittee.

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(11) (8) "Public statement" means a statement made in the ordinary course of business of

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the public body with the intent that all other members of the public body receive it.

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(12) (9) (a) "Quorum" means a simple majority of the membership of a public body,

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unless otherwise defined by applicable law.

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(b) "Quorum" does not include a meeting of two elected officials by themselves when

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no action, either formal or informal, is taken.

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(13) (10) "Recording" means an audio, or an audio and video, record of the proceedings of

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a meeting that can be used to review the proceedings of the meeting.

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(11) (a) "Relevant matter" means a matter that is within the scope of the authority of a

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public body or specified body.

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(b) "Relevant matter" does not include, for a public body with both executive and

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legislative responsibilities, a managerial or operational matter.

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(14) (12) "Specified body":

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(a)means an administrative, advisory, executive, or legislative body that:

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(i)is not a public body;

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(ii)consists of three or more members; and

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(iii)includes at least one member who is:

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(A)a legislator; and

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(B)officially appointed to the body by the president of the Senate, speaker of the

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House of Representatives, or governor; and

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(b)does not include a body listed in Subsection (10)(c)(ii) or (10)(c)(v) (7)(c)(ii) or

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(7)(c)(v) .

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(15) "Transmit" means to send, convey, or communicate an electronic message by

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electronic means.

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Section 2, Section 52-4-204 is amended to read:

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52-4-204. Closed meeting held upon vote of members -- Business -- Reasons for

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meeting recorded.

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(1)A closed meeting may be held if:

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(a) (i)a quorum is present;

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(ii)the meeting is an open meeting for which notice has been given under Section

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52-4-202 ; and

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(iii) (A)two-thirds of the members of the public body present at the open meeting

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vote to approve closing the meeting;

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(B)for a meeting that is required to be closed under Section 52-4-205, if a

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majority of the members of the public body present at an open meeting vote to

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approve closing the meeting;

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(C)for an ethics committee of the Legislature that is conducting an open meeting

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for the purpose of reviewing an ethics complaint, a majority of the members

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present vote to approve closing the meeting for the purpose of seeking or

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obtaining legal advice on legal, evidentiary, or procedural matters, or for

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conducting deliberations to reach a decision on the complaint;

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(D)for the Political Subdivisions Ethics Review Commission established in

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Section 63A-15-201 that is conducting an open meeting for the purpose of

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reviewing an ethics complaint in accordance with Section 63A-15-701, a

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majority of the members present vote to approve closing the meeting for the

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purpose of seeking or obtaining legal advice on legal, evidentiary, or

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procedural matters, or for conducting deliberations to reach a decision on the

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complaint;

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(E)for a project entity that is conducting an open meeting for the purposes of

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determining the value of an asset, developing a strategy related to the sale or

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use of that asset;

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(F)for a project entity that is conducting an open meeting for purposes of

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discussing a business decision, the disclosure of which could cause commercial

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injury to, or confer a competitive advantage upon a potential or actual

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competitor of, the project entity; or

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(G)for a project entity that is conducting an open meeting for purposes of

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discussing a record, the disclosure of which could cause commercial injury to,

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or confer a competitive advantage upon a potential competitor of, the project

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entity; or

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(b) (i)for the Independent Legislative Ethics Commission, the closed meeting is

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convened held for the purpose of conducting business relating to the receipt or

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review of an ethics complaint, if public notice of the closed meeting is given

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under Section 52-4-202, with the agenda for the meeting stating that the meeting

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will be closed for the purpose of "conducting business relating to the receipt or

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review of ethics complaints";

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(ii)for the Political Subdivisions Ethics Review Commission established in Section

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63A-15-201 , the closed meeting is convened held for the purpose of conducting

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business relating to the preliminary review of an ethics complaint in accordance

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with Section 63A-15-602, if public notice of the closed meeting is given under

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Section 52-4-202, with the agenda for the meeting stating that the meeting will be

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closed for the purpose of "conducting business relating to the review of ethics

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complaints"; or

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(iii)for the Independent Executive Branch Ethics Commission created in Section

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63A-14-202 , the closed meeting is convened held for the purpose of conducting

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business relating to an ethics complaint, if public notice of the closed meeting is

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given under Section 52-4-202, with the agenda for the meeting stating that the

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meeting will be closed for the purpose of "conducting business relating to an

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ethics complaint" ; or .

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(iv) for the Data Security Management Council created in Section 63A-16-701, the

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closed meeting is convened in accordance with Subsection 63A-16-701(7), if

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public notice of the closed meeting is given under Section 52-4-202, with the

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agenda for the meeting stating that the meeting will be closed for the purpose of

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"conducting business relating to information technology security."

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(2)A closed meeting is not allowed unless each matter discussed in the closed meeting is

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permitted under Section 52-4-205.

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(3) (a)An ordinance, resolution, rule, regulation, contract, or appointment may not be

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approved at a closed meeting.

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(b) (i)A public body may not take a vote in a closed meeting, except for a vote on a

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motion to end the closed portion of the meeting and return to an open meeting.

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(ii)A motion to end the closed portion of a meeting may be approved by a majority

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of the public body members present at the meeting.

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(4)The following information shall be publicly announced and entered on the minutes of

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the open meeting at which the closed meeting was approved:

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(a)the reason or reasons for holding the closed meeting;

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(b)the location where the closed meeting will be held; and

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(c)the vote by name, of each member of the public body, either for or against the

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motion to hold the closed meeting.

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(5)Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be construed

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to require any meeting to be closed to the public.

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Section 3, Section 52-4-207 is amended to read:

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52-4-207. Electronic meetings -- Authorization -- Requirements.

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(1)Except as otherwise provided for a charter school in Section 52-4-209, a public body

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may convene and conduct an electronic a meeting that some or all members of the

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public body attend through an electronic video, audio, or both video and audio

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connection, in accordance with this section.

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(2) (a)A public body may not hold an electronic meeting unless the public body has

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adopted a resolution, rule, or ordinance governing the use of electronic meetings.

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(b)A resolution, rule, or ordinance described in Subsection (2)(a) that governs an

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electronic meeting shall establish the conditions under which a remote member is

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included in calculating a quorum.

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(c)A resolution, rule, or ordinance described in Subsection (2)(a) may:

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(i)prohibit or limit electronic meetings based on budget, public policy, or logistical

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considerations;

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(ii)require a quorum of the public body to:

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(A)be present at a single anchor location for the meeting; and

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(B)vote to approve establishment of an electronic meeting in order to include

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other members of the public body through an electronic video, audio, or both

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video and audio connection;

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(iii)require a request for an electronic meeting to be made by a member of a public

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body up to three days prior to the meeting to allow for arrangements to be made

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for the electronic meeting;

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(iv)restrict the number of separate connections for members of the public body that

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are allowed for an electronic meeting based on available equipment capability;

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(v)if the public body is statutorily authorized to allow a member of the public body

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to act by proxy, establish the conditions under which a member may vote or take

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other action by proxy; or

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(vi) provide a procedure for recording votes of members, including defining

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circumstances under which a roll call vote is required; or

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(vi) (vii) establish other procedures, limitations, or conditions governing electronic

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meetings not in conflict with this section.

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(3)A public body that convenes and conducts an electronic meeting shall:

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(a)give public notice of the electronic meeting in accordance with Section 52-4-202; and

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(b) except for an electronic meeting described in Subsection (5), post written notice of

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the electronic meeting at the anchor location; and

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(c) (b) except as otherwise provided in a rule of the Legislature applicable to the public

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body, at least 24 hours before the electronic meeting is scheduled to begin, provide

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each member of the public body a description of how to electronically connect to

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the meeting.

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(4) (a)Except as provided in Subsection (5), a public body that convenes and conducts

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an electronic meeting shall provide space and facilities at an anchor location for

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members of the public to attend the open portions of the meeting.

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(b)A public body that convenes and conducts an electronic meeting may provide

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means by which members of the public may attend the meeting participate remotely

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by electronic means.

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(5)Subsection (4)(a) does not apply to an electronic meeting if:

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(a) (i)the chair of the public body determines that:

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(A)conducting the meeting as provided in Subsection (4)(a) presents a substantial

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risk to the health or safety of those present or who would otherwise be present

314

at the anchor location; or

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(B)the location where the public body would normally meet has been ordered

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closed to the public for health or safety reasons; and

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(ii)the public notice for the meeting includes:

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(A)a statement describing the chair's determination under Subsection (5)(a)(i);

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(B)a summary of the facts upon which the chair's determination is based; and

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(C)information on how a member of the public may attend participate in the

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meeting remotely by electronic means;

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(b) (i)during the course of the electronic meeting, the chair:

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(A)determines that continuing to conduct the electronic meeting as provided in

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Subsection (4)(a) presents a substantial risk to the health or safety of those

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present at the anchor location; and

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(B)announces during the electronic meeting the chair's determination under

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Subsection (5)(b)(i)(A) and states a summary of the facts upon which the

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determination is made; and

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(ii)in convening conducting the electronic meeting, the public body has provided

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means by which members of the public who are not physically present at the

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anchor location may attend participate in the electronic meeting remotely by

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electronic means;

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(c) (i)the public body is a special district board of trustees established under Title

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17B, Chapter 1, Part 3, Board of Trustees;

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(ii)the board of trustees' membership consists of:

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(A)at least two members who are elected or appointed to the board as owners of

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land, or as an agent or officer of the owners of land, under the criteria

338

described in Subsection 17B-1-302(2)(b); or

339

(B)at least one member who is elected or appointed to the board as an owner of

340

land, or as an agent or officer of the owner of land, under the criteria described

341

in Subsection 17B-1-302(3)(a)(ii);

342

(iii)the public notice required under Subsection 52-4-202(3)(a)(i)(B) 52-4-202(3)(a)

343

for the electronic meeting includes information on how a member of the public

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may attend participate in the meeting remotely by electronic means; and

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(iv)the board of trustees allows members of the public attending to participate in the

346

meeting by remote remotely by electronic means to participate in the meeting; or ;

347

(d) (i)the public body is a special service district administrative control board

348

established under Title 17D, Chapter 1, Part 3, Administrative Control Board;

349

(ii)the administrative control board's membership consists of:

350

(A)at least one member who is elected or appointed to the board as an owner of

351

land, or as an agent or officer of the owner of land, under the criteria described

352

in Subsection 17D-1-304(1)(a)(iii)(A) or (B), as applicable; or

353

(B)members that qualify for election or appointment to the board because the

354

owners of real property in the special service district meet or exceed the

355

threshold percentage described in Subsection 17D-1-304(1)(b)(i);

356

(iii)the public notice required under Subsection 52-4-202(3)(a)(i)(B) 52-4-202(3)(a)

357

for the electronic meeting includes information on how a member of the public

358

may attend participate in the meeting remotely by electronic means; and

359

(iv)the administrative control board allows members of the public attending the

360

meeting by remote electronic means to participate in the meeting . remotely by

361

electronic means; or

362

(e) all public body members attend the meeting remotely through an electronic video,

363

audio, or both video and audio connection, unless the public body receives a written

364

request, at least 12 hours before the scheduled meeting time, to provide for an anchor

365

location for members of the public to attend in person the open portions of the

366

meeting.

367

(6)A determination under Subsection (5)(a)(i) expires 30 days after the day on which the

368

chair of the public body makes the determination.

369

(7)Compliance with the provisions of this section by a public body constitutes full and

370

complete compliance by the public body with the corresponding provisions of Sections

371

52-4-201 and 52-4-202.

372

(8)Unless a public body adopts a resolution, rule, or ordinance described in Subsection

373

(2)(c)(v), a public body that is conducting an electronic meeting may not allow a

374

member to vote or otherwise act by proxy.

375

(9) Except for a unanimous vote, a public body that is conducting an electronic meeting

376

shall take all votes by roll call.

377

378

377

Section 4, Section 52-4-208 is repealed and re-enacted to read:

378

52-4-208. Predetermining public body action prohibited -- Exception.

379

(1) Individuals constituting a quorum of a public body may not act together outside a

380

meeting in a concerted and deliberate way to predetermine an action to be taken by the

381

public body at a meeting on a relevant matter.

382

(2) Subsection (1) does not apply to an individual acting as a member of a body that is not a

383

public body under Subsection 52-4-103(8)(c).

384

385

384

Section 5, Section 52-4-209 is amended to read:

385

52-4-209. Electronic meetings for charter school board.

386

(1)Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as used in

387

this section:

388

(a)"Anchor location" means a physical location where:

389

(i)the charter school board would normally meet if the charter school board were not

390

holding an electronic meeting; and

391

(ii)space, a facility, and technology are provided to the public to monitor and, if

392

public comment is allowed, to participate in an electronic meeting during regular

393

business hours.

394

(b)"Charter school board" means the governing board of a school created under Title

395

53G, Chapter 5, Charter Schools.

396

(c)"Meeting" means the convening of a charter school board:

397

(i)with a quorum who:

398

(A)monitors a website at least once during the electronic meeting; and

399

(B)casts a vote on a website, if a vote is taken; and

400

(ii)for the purpose of discussing, receiving comments from the public about, or

401

acting upon a matter over which the charter school board has jurisdiction or

402

advisory power.

403

(d)"Monitor" means to:

404

(i)read all the content added to a website by the public or a charter school board

405

member; and

406

(ii)view a vote cast by a charter school board member on a website.

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(e)"Participate" means to add content to a website.

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(2) (a)A charter school board may convene and conduct an electronic meeting in

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accordance with Section 52-4-207.

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(b)A charter school board may convene and conduct an electronic meeting in

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accordance with this section that is in writing on a website if:

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(i)the chair verifies that a quorum monitors the website;

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(ii)the content of the website is available to the public;

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(iii)the chair controls the times in which a charter school board member or the public

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participates; and

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(iv)the chair requires a person to identify himself or herself if the person:

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(A)participates; or

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(B)casts a vote as a charter school board member.

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(3)A charter school that conducts an electronic meeting under this section shall:

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(a)give public notice of the electronic meeting:

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(i)in accordance with Section 52-4-202; and

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(ii)by posting written notice at the anchor location as required under Section

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52-4-207 ;

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(b)in addition to giving public notice required by Subsection (3)(a), provide:

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(i)notice of the electronic meeting to the members of the charter school board at least

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24 hours before the meeting so that they may participate in and be counted as

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present for all purposes, including the determination that a quorum is present;

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(ii)a description of how the members and the public may be connected to the

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electronic meeting;

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(iii)a start and end time for the meeting, which shall be no longer than 5 days; and

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(iv)a start and end time for when a vote will be taken in an electronic meeting, which

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shall be no longer than four hours; and

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(c)provide an anchor location.

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(4)The chair shall:

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(a)not allow anyone to participate from the time the notice described in Subsection

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(3)(b)(iv) is given until the end time for when a vote will be taken; and

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(b)allow a charter school board member to change a vote until the end time for when a

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vote will be taken.

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(5)During the time in which a vote may be taken, a charter school board member may not

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communicate in any way with any person regarding an issue over which the charter

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school board has jurisdiction.

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(6)A charter school conducting an electronic meeting under this section may not close a

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meeting as otherwise allowed under this part.

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(7) (a)Written minutes shall be kept of an electronic meeting conducted as required in

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Section 52-4-203.

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(b) (i)Notwithstanding Section 52-4-203, a recording is not required of an electronic

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meeting described in Subsection (2)(b).

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(ii)All of the content of the website shall be kept for an electronic meeting conducted

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under this section.

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(c)Written minutes are the official record of action taken at an electronic meeting as

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required in Section 52-4-203.

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(8) (a)A charter school board shall ensure that the website used to conduct an electronic

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meeting:

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(i)is secure; and

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(ii)provides with reasonably certainty the identity of a charter school board member

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who logs on, adds content, or casts a vote on the website.

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(b)A person is guilty of a class B misdemeanor if the person falsely identifies himself or

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herself as required by Subsection (2)(b)(iv).

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(9)Compliance with the provisions of this section by a charter school constitutes full and

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complete compliance by the public body with the corresponding provisions of Sections

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52-4-201 and 52-4-202.

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Section 6, Section 52-4-210 is amended to read:

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52-4-210. Electronic message transmissions. Nothing in this chapter shall may be construed to restrict a member of a public body

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from transmitting an electronic message to other members of the public body at a time

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when the public body is not convened in an open a meeting.

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Section 7, Section 52-4-302 is amended to read:

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52-4-302. Suit to void final action -- Limitation -- Exceptions.

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(1) (a)Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207,

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52-4-208 , or 52-4-209 is voidable by a court of competent jurisdiction.

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(b)A court may not void a final action taken by a public body for failure to comply with

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the posting written notice requirements under Subsection 52-4-202(3)(a) if:

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(i)the posting is made for a meeting that is held before April 1, 2009; or

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(ii) (A)the public body otherwise complies with the provisions of Section

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52-4-202 ; and

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(B)the failure was a result of unforeseen Internet hosting or communication

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technology failure.

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(2)Except as provided under Subsection (3), a suit to void final action shall be commenced

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within 90 days after the date of the action.

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(3)A suit to void final action concerning the issuance of bonds, notes, or other evidences of

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indebtedness shall be commenced within 30 days after the date of the action.

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(4) In a suit under this section to void a final action in violation of Section 52-4-208, a court

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may award a prevailing plaintiff a reasonable attorney fee and costs.

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Section 8. Effective date. This bill takes effect on May 1, 2024.