Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 190 (2016GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of "specified body"; and
• clarifies application of the Open and Public Meetings Act to specified bodies.

Every vote on this bill

Bill text

OPEN AND PUBLIC MEETINGS LAW REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill modifies provisions of the Open and Public Meetings Act.
Highlighted Provisions:
This bill:
▸ modifies the definition of "specified body"; and
▸ clarifies application of the Open and Public Meetings Act to specified bodies.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
52-4-103
, as last amended by Laws of Utah 2015, Chapters 265 and 276
52-4-202
, as last amended by Laws of Utah 2015, Chapter 202
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) "Convening" means the calling together of a public body by a person authorized to
do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging as defined in Section 
76-4-401
; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or specific body has
jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering; or
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(8) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(9) (a) "Public body" means any administrative, advisory, executive, or legislative body
of the state or its political subdivisions that:
(i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(ii) consists of two or more persons;
(iii) expends, disburses, or is supported in whole or in part by tax revenue; and
(iv) is vested with the authority to make decisions regarding the public's business.
(b) "Public body" includes, as defined in Section 
11-13-103
, an interlocal entity or joint
or cooperative undertaking.
(c) "Public body" does not include a:
(i) political party, political group, or political caucus;
(ii) conference committee, rules committee, or sifting committee of the Legislature; or
(iii) school community council or charter trust land council as defined in Section
53A-1a-108.1
.
(10) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(11) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken on a subject over which these elected officials
have advisory power.
(12) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(13) "Specified body"
:
(a)
 means an administrative, advisory, executive, or legislative body that:
[
(a)
] 
(i)
 is not a public body;
[
(b)
] 
(ii)
 consists of three or more members; and
[
(c)
] 
(iii)
 includes at least one member who is:
[
(i)
] 
(A)
 a legislator; and
[
(ii)
] 
(B)
 officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor[
.
]
; and
(b) does not include a body listed in Subsection (9)(c)(ii).
(14) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 2. Section 
52-4-202
 is amended to read:
52-4-202.
Public notice of meetings -- Emergency meetings.
(1) (a) (i) A public body shall give not less than 24 hours' public notice of each
meeting.
(ii) A specified body shall give not less than 24 hours' public notice of each meeting
that the specified body holds on the capitol hill complex.
(b) The public notice required under Subsection (1)(a) shall include the meeting:
(i) agenda;
(ii) date;
(iii) time; and
(iv) place.
(2) (a) In addition to the requirements under Subsection (1), a public body which holds
regular meetings that are scheduled in advance over the course of a year shall give public
notice at least once each year of its annual meeting schedule as provided in this section.
(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
the scheduled meetings.
(3) (a) A public body or specified body satisfies a requirement for public notice by:
(i) posting written notice:
(A) at the principal office of the public body or specified body, or if no principal office
exists, at the building where the meeting is to be held; and
(B) on the Utah Public Notice Website created under Section 
63F-1-701
; and
(ii) providing notice to:
(A) at least one newspaper of general circulation within the geographic jurisdiction of
the public body; or
(B) a local media correspondent.
(b) A public body or specified body is in compliance with the provisions of Subsection
(3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
of Subsection 
63F-1-701
(4)(d).
(c) A public body whose limited resources make compliance with Subsection
(3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
Section 
63A-12-101
, to provide technical assistance to help the public body in its effort to
comply.
(4) A public body and a specified body are encouraged to develop and use additional
electronic means to provide notice of their meetings under Subsection (3).
(5) (a) The notice requirement of Subsection (1) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a public body or specified
body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the public body or specified body gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a public body may not be held unless:
(i) an attempt has been made to notify all the members of the public body; and
(ii) a majority of the members of the public body approve the meeting.
(6) (a) A public notice that is required to include an agenda under Subsection (1) shall
provide reasonable specificity to notify the public as to the topics to be considered at the
meeting. Each topic shall be listed under an agenda item on the meeting agenda.
(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
member of the public body, a topic raised by the public may be discussed during an open
meeting, even if the topic raised by the public was not included in the agenda or advance public
notice for the meeting.
(c) Except as provided in Subsection (5), relating to emergency meetings, a public
body may not take final action on a topic in an open meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (6)(a); and
(ii) included with the advance public notice required by this section.
(7) Except as provided in this section, this chapter does not apply to a specified body.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.