Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 97 First Substitute (2017GS)

Sponsor

Sen. Van Tassell, K.

Final action

Governor Signed 3/14/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies a requirement relating to minutes of open meetings;
• provides that the requirement to include in minutes the substance of certain matters addressed at the meeting is met by publicly available online minutes that provide a link to the meeting recording; and
• eliminates the requirement for written minutes if a digital, online recording is maintained and meets certain requirements.

Every vote on this bill

Bill text

PUBLIC MEETING MINUTES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kevin T. Van Tassell
House Sponsor: 
 Robert M. Spendlove
LONG TITLE
General Description:
This bill modifies a provision of the Open and Public Meetings Act relating to minutes
of open meetings.
Highlighted Provisions:
This bill:
▸ modifies a requirement relating to minutes of open meetings;
▸ provides that the requirement to include in minutes the substance of certain matters
addressed at the meeting is met by publicly available online minutes that provide a
link to the meeting recording; and
▸ eliminates the requirement for written minutes if a digital, online recording is
maintained and meets certain requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
52-4-203
, as last amended by Laws of Utah 2014, Chapter 83
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-203
 is amended to read:
52-4-203.
Written minutes of open meetings -- Public records -- Recording of
meetings.
(1) Except as provided under Subsection (7), written minutes and a recording shall be
kept of all open meetings.
(2) 
(a)
 Written minutes of an open meeting shall include:
[
(a)
] 
(i)
 the date, time, and place of the meeting;
[
(b)
] 
(ii)
 the names of members present and absent;
[
(c)
] 
(iii)
 the substance of all matters proposed, discussed, or decided by the public
body which may include a summary of comments made by members of the public body;
[
(d)
] 
(iv)
 a record, by individual member, of each vote taken by the public body;
[
(e)
] 
(v)
 the name of each person who:
[
(i)
] 
(A)
 is not a member of the public body; and
[
(ii)
] 
(B)
 after being recognized by the presiding member of the public body, provided
testimony or comments to the public body;
[
(f)
] 
(vi)
 the substance, in brief, of the testimony or comments provided by the public
under Subsection (2)[
(e)
]
(a)(v)
; and
[
(g)
] 
(vii)
 any other information that is a record of the proceedings of the meeting that
any member requests be entered in the minutes or recording.
(b) The requirement under Subsection (2)(a)(iii) or (vi) that minutes include the
substance of matters proposed, discussed, or decided or the substance of testimony or
comments is met if a publicly available online version of the minutes provides a link to the
meeting recording at the place in the recording where the matter is proposed, discussed, or
decided or the testimony or comments provided.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from the
commencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4) (a) As used in this Subsection (4):
(i) "Approved minutes" means written minutes:
(A) of an open meeting; and
(B) that have been approved by the public body that held the open meeting.
(ii) "Electronic information" means information presented or provided in an electronic
format.
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(B) that have been prepared in draft form and are subject to change before being
approved by the public body that held the open meeting.
(iv) "Specified local public body" means a legislative body of a county, city, or town.
(v) "State public body" means a public body that is an administrative, advisory,
executive, or legislative body of the state.
(vi) "Website" means the Utah Public Notice Website created under Section
63F-1-701
.
(b) Pending minutes, approved minutes, and a recording of a public meeting are public
records under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) Pending minutes shall contain a clear indication that the public body has not yet
approved the minutes or that the minutes are subject to change until the public body approves
them.
(d) A state public body and a specified local public body shall require an individual
who, at an open meeting of the public body, publicly presents or provides electronic
information, relating to an item on the public body's meeting agenda, to provide the public
body, at the time of the meeting, an electronic or hard copy of the electronic information for
inclusion in the public record.
(e) A state public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting, post
to the website and make available to the public at the public body's primary office a copy of the
approved minutes and any public materials distributed at the meeting; and
(iii) within three business days after holding an open meeting, post on the website an
audio recording of the open meeting, or a link to the recording.
(f) (i) A specified local public body shall:
(A) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(B) subject to Subsection (4)(f)(ii), within three business days after approving written
minutes of an open meeting, post to the website and make available to the public at the public
body's primary office a copy of the approved minutes and any public materials distributed at
the meeting; and
(C) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(ii) A specified local public body of a city of the fifth class or town is encouraged to
comply with Subsection (4)(f)(i)(B) but is not required to comply until January 1, 2015.
(g) A public body that is not a state public body or a specified local public body shall:
(i) make pending minutes available to the public within a reasonable time after holding
the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes, make the approved
minutes available to the public; and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(h) A public body shall establish and implement procedures for the public body's
approval of the written minutes of each meeting.
(i) Approved minutes of an open meeting are the official record of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person in
attendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be
retained permanently shall be maintained in or converted to a format that meets long-term
records storage requirements.
(7) Notwithstanding Subsection (1)[
,
]
:
(a)
 a recording is not required to be kept of:
[
(a)
] 
(i)
 an open meeting that is a site visit or a traveling tour, if no vote or action is
taken by the public body; or
[
(b)
] 
(ii)
 an open meeting of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
Special Service District Act, if the district's annual budgeted expenditures for all funds,
excluding capital expenditures and debt service, are $50,000 or less[
.
]
; and
(b) written minutes of a public meeting are not required to be kept if the public body
maintains a digital recording of the meeting that:
(i) is available online to the general public; and
(ii) includes a digital index that:
(A) identifies each agenda item considered at the public meeting and each individual
who orally presented information at the public meeting; and
(B) enables a member of the public to easily navigate to the location on the digital
recording relating to each agenda item and to each individual who orally presented information.
Section 2. 
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.
Legislative Review Note
Office of Legislative Research and General Counsel