Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 72 (2021GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits a vote in a closed meeting, except to end the closed portion of the meeting; and
• provides that a motion to end the closed portion of a meeting may be approved by a majority vote.

Every vote on this bill

Bill text

OPEN AND PUBLIC MEETINGS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Susan Pulsipher
LONG TITLE
General Description:
This bill modifies a provision relating to open and public meetings. 
Highlighted Provisions:
This bill:
▸ prohibits a vote in a closed meeting, except to end the closed portion of the meeting;
and
▸ provides that a motion to end the closed portion of a meeting may be approved by a
majority vote.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-4-204
, as last amended by Laws of Utah 2018, Chapter 461
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-204
 is amended to read:
52-4-204.
Closed meeting held upon vote of members -- Business -- Reasons for
meeting recorded.
(1) A closed meeting may be held if:
(a) (i) a quorum is present;
(ii) the meeting is an open meeting for which notice has been given under Section
52-4-202
; and
(iii) (A) two-thirds of the members of the public body present at the open meeting vote
to approve closing the meeting;
(B) for a meeting that is required to be closed under Section 
52-4-205
, if a majority of
the members of the public body present at an open meeting vote to approve closing the
meeting;
(C) for an ethics committee of the Legislature that is conducting an open meeting for
the purpose of reviewing an ethics complaint, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint; or
(D) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
 that is conducting an open meeting for the purpose of reviewing an ethics
complaint in accordance with Section 
63A-15-701
, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint; or
(b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
convened for the purpose of conducting business relating to the receipt or review of an ethics
complaint, provided that public notice of the closed meeting is given under Section 
52-4-202
,
with the agenda for the meeting stating that the meeting will be closed for the purpose of
"conducting business relating to the receipt or review of ethics complaints";
(ii) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
, the closed meeting is convened for the purpose of conducting business relating to
the preliminary review of an ethics complaint in accordance with Section 
63A-15-602
,
provided that public notice of the closed meeting is given under Section 
52-4-202
, with the
agenda for the meeting stating that the meeting will be closed for the purpose of "conducting
business relating to the review of ethics complaints"; or
(iii) for the Independent Executive Branch Ethics Commission created in Section
63A-14-202
, the closed meeting is convened for the purpose of conducting business relating to
an ethics complaint, provided that public notice of the closed meeting is given under Section
52-4-202
, with the agenda for the meeting stating that the meeting will be closed for the
purpose of "conducting business relating to an ethics complaint."
(2) A closed meeting is not allowed unless each matter discussed in the closed meeting
is permitted under Section 
52-4-205
.
(3) 
(a)
 An ordinance, resolution, rule, regulation, contract, or appointment may not be
approved at a closed meeting.
(b) (i) A public body may not take a vote in a closed meeting, except for a vote on a
motion to end the closed portion of the meeting and return to an open meeting.
(ii) A motion to end the closed portion of a meeting may be approved by a majority of
the public body members present at the meeting.
(4) The following information shall be publicly announced and entered on the minutes
of the open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote by name, of each member of the public body, either for or against the
motion to hold the closed meeting.
(5) Except as provided in Subsection 
52-4-205
(2), nothing in this chapter shall be
construed to require any meeting to be closed to the public.