Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5002 (2020S5)

Sponsor

Rep. Potter, V.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies notice provisions relating to electronic meetings held without an anchor location;
• enacts requirements relating to the public's ability to view or hear, and make comments during, the open portion of an electronic meeting held without an anchor location; and
• permits a public body to hold an electronic meeting without an anchor location if the chair of the public body:
• makes a written determination, supported by stated facts, that conducting the meeting with an anchor location presents a substantial risk to the health and safety of those who may be present at the anchor location; and
• complies with certain public notice requirements.

Every vote on this bill

Bill text

OPEN AND PUBLIC MEETINGS ACT AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Val K. Potter
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions of the Open and Public Meetings Act in relation to an
anchor location for an electronic meeting.
Highlighted Provisions:
This bill:
▸ modifies notice provisions relating to electronic meetings held without an anchor
location;
▸ enacts requirements relating to the public's ability to view or hear, and make
comments during, the open portion of an electronic meeting held without an anchor
location; and
▸ permits a public body to hold an electronic meeting without an anchor location if
the chair of the public body:
• makes a written determination, supported by stated facts, that conducting the
meeting with an anchor location presents a substantial risk to the health and
safety of those who may be present at the anchor location; and
• complies with certain public notice requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
52-4-202
, as last amended by Laws of Utah 2016, Chapter 77
52-4-207
, as last amended by Laws of Utah 2011, Chapter 31
Be it enacted by the Legislature of the state of Utah:
Section 1. 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) 
except for an electronic meeting held without an anchor location under Subsection
52-4-207
(4),
 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 2. Section 
52-4-207
 is amended to read:
52-4-207.
Electronic meetings -- Authorization -- Requirements.
(1) Except as otherwise provided for a charter school in Section 
52-4-209
, a public
body may convene and conduct an electronic meeting in accordance with this section.
(2) (a) A public body may not hold an electronic meeting unless the public body has
adopted a resolution, rule, or ordinance governing the use of electronic meetings.
(b) The resolution, rule, or ordinance may:
(i) prohibit or limit electronic meetings based on budget, public policy, or logistical
considerations;
(ii) require a quorum of the public body to:
(A) be present at a single anchor location for the meeting; and
(B) vote to approve establishment of an electronic meeting in order to include other
members of the public body through an electronic connection;
(iii) require a request for an electronic meeting to be made by a member of a public
body up to three days prior to the meeting to allow for arrangements to be made for the
electronic meeting;
(iv) restrict the number of separate connections for members of the public body that are
allowed for an electronic meeting based on available equipment capability; or
(v) establish other procedures, limitations, or conditions governing electronic meetings
not in conflict with this section.
(3) A public body that convenes or conducts an electronic meeting shall:
(a) give public notice of the meeting:
(i) in accordance with Section 
52-4-202
; and
(ii) 
except for an electronic meeting held without an anchor location under Subsection
(4),
 post written notice at the anchor location;
(b) in addition to giving public notice required by Subsection (3)(a), provide:
(i) notice of the electronic meeting to the members of the public body at least 24 hours
before the meeting so that they may participate in and be counted as present for all purposes,
including the determination that a quorum is present; and
(ii) a description of how the members will be connected to the electronic meeting;
(c) 
except for an electronic meeting held without an anchor location under Subsection
(4),
 establish one or more anchor locations for the public meeting, at least one of which is in
the building and political subdivision where the public body would normally meet if they were
not holding an electronic meeting;
(d) 
(i)
 provide space and facilities at the anchor location so that interested persons and
the public may attend and monitor the open portions of the meeting; 
or
(ii) for an electronic meeting held without an anchor location under Subsection (4),
provide means by which the public may hear, or view and hear, the open portions of the
meeting;
 and
(e) if comments from the public will be accepted during the electronic meeting[
,
]
:
(i)
 provide space and facilities at the anchor location so that interested persons and the
public may attend, monitor, and participate in the open portions of the meeting[
.
]
; or
(ii) for an electronic meeting held without an anchor location under Subsection (4),
provide means by which members of the public may provide comments by electronic means to
the public body.
(4) A public body may convene and conduct an electronic meeting without an anchor
location if the chair of the public body:
(a) makes a written determination that conducting the meeting with an anchor location
presents a substantial risk to the health and safety of those who may be present at the anchor
location;
(b) states in the written determination described in Subsection (4)(a) the facts upon
which the determination is based;
(c) includes in the public notice for the meeting, and reads at the beginning of the
meeting, the information described in Subsections (4)(a) and (b); and
(d) includes in the public notice information on how a member of the public may view
or make a comment at the meeting.
(5) A written determination described in Subsections (4)(a) and (b) expires 30 days
after the day on which the chair of the public body makes the determination.
[
(4)
] 
(6)
 Compliance with the provisions of this section by a public body constitutes
full and complete compliance by the public body with the corresponding provisions of Sections
52-4-201
 and 
52-4-202
.
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.