Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 178 (2018GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of a public body under the Open and Public Meetings Act to exclude a taxed interlocal entity; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INTERLOCAL ENTITIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Steve Eliason
LONG TITLE
General Description:
This bill amends the definition of a public body under the Open and Public Meetings
Act.
Highlighted Provisions:
This bill:
▸ amends the definition of a public body under the Open and Public Meetings Act to
exclude a taxed interlocal entity; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-4-103
, as last amended by Laws of Utah 2017, Chapters 196, 277, and 441
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 
that term is
 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:
(i) any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more persons;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
that term is
 defined in Section [
53A-1-1601
] 
53G-7-1101
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity
,
 as 
that term is
 defined in Section [
53A-1-1601
]
53G-7-1101
.
(b) "Public body" includes:
(i) [
as defined in Section 
11-13-103
,
] an interlocal entity or joint or cooperative
undertaking
, as those terms are defined in Section 
11-13-103
; and
(ii) [
as defined in Section 
11-13a-102
,
] a governmental nonprofit corporation 
as that
term is defined in Section 
11-13a-102
.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, or a sifting committee of the
Legislature;
(iii) a school community council or charter trust land council
,
 as 
that term is
 defined in
Section 
[
53A-1a-108.1
; or
] 
53G-7-1203
;
(iv) the Economic Development Legislative Liaison Committee created in Section
36-30-201
[
.
]
; or
(v) a taxed interlocal entity, as that term is defined in Section 
11-13-602
.
(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:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(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.