Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 36 Third Substitute (2024GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/19/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions applicable to the Open and Public Meetings Act, including:
• deleting the definition of "convening"; and
• modifying the definitions of "meeting," "public body," and "quorum";
• modifies a provision relating to the transmission of electronic messages;
• repeals language relating to posting notice of an electronic meeting; and
• repeals obsolete language and makes conforming and technical changes.

Every vote on this bill

Bill text

OPEN AND PUBLIC MEETINGS ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Political Subdivisions Interim Committee recommended this bill.
Legislative Vote: 14 voting for 0 voting against 2 absent
General Description:
This bill modifies provisions of the Open and Public Meetings Act.
Highlighted Provisions:
This bill:
▸ modifies definitions applicable to the Open and Public Meetings Act, including:
• deleting the definition of "convening"; and
• modifying the definitions of "meeting," "public body," and "quorum";
▸ modifies a provision relating to the transmission of electronic messages;
▸ repeals language relating to posting notice of an electronic meeting; and
▸ repeals obsolete language and makes conforming and technical 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 2023, Chapters 139, 374 and 457
52-4-204
, as last amended by Laws of Utah 2022, Chapters 169, 422
52-4-207
, as last amended by Laws of Utah 2023, Chapter 100
52-4-209
, as last amended by Laws of Utah 2018, Chapter 415
52-4-210
, as enacted by Laws of Utah 2011, Chapter 25
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) (a) "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.
]
[
(b) "Convening" does not include the initiation of a routine conversation between
members of a board of trustees of a large public transit district if the members involved in the
conversation do not, during the conversation, take a tentative or final vote on the matter that is
the subject of the conversation.
]
[
(4)
] 
(3)
 "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, which means a communication in the form of electronic text or
one or more electronic images sent by the actor from a telephone, computer, or other electronic
communication device to another person's telephone, computer, or electronic communication
device by addressing the communication to the person's telephone number or other electronic
communication access code or number; or
]
[
(e) any other method that conveys a message or facilitates communication
electronically.
]
[
(6)
] 
(4)
 "Fiduciary or commercial information" means information:
(a) related to any subject if disclosure:
(i) would conflict with a fiduciary obligation; or
(ii) is prohibited by insider trading provisions; or
(b) that is commercial in nature including:
(i) account owners or borrowers;
(ii) demographic data;
(iii) contracts and related payments;
(iv) negotiations;
(v) proposals or bids;
(vi) investments;
(vii) management of funds;
(viii) fees and charges;
(ix) plan and program design;
(x) investment options and underlying investments offered to account owners;
(xi) marketing and outreach efforts;
(xii) financial plans; or
(xiii) reviews and audits excluding the final report required under Section 
53B-8a-111
.
[
(7)
] 
(5)
 (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 specified body has
jurisdiction or advisory power.
] 
a gathering of a public body or specified body:
(i) whether in person or through electronic communications, or a combination of in
person and through electronic communications;
(ii) with a quorum of the public body or specified body, as the case may be, present in
person or through electronic communications; and
(iii) convened, by an individual with authority to convene the public body or specified
body, for the express purpose of acting as a public body or specified body to discuss, receive
public comment about, or take action upon a matter that is within the scope of the authority of
the public body or specified body.
(b) "Meeting" also means a gathering of or conversation between two or three members
of a three-member public body, whether in person or through electronic communications, if the
gathering or conversation:
(i) involves strategy or planning for action to be taken by the public body; or
(ii) includes a tentative or final vote on a matter that is or is likely to be under
consideration by the public body.
[
(b)
] 
(c)
 "Meeting" does not mean:
(i) a chance gathering or social gathering;
(ii) a [
convening
] 
gathering
 of the State Tax Commission to consider a confidential tax
matter in accordance with Section 
59-1-405
; [
or
]
(iii) a [
convening
] 
gathering
 of a three-member board of trustees of a large public
transit district as defined in Section 
17B-2a-802
 if:
(A) the board members do not, during the conversation, take a tentative or final vote on
the matter that is the subject of the conversation; or
(B) the conversation pertains only to day-to-day management and operation of the
public transit district[
.
]
;
(iv) a gathering of a public body, in person or through electronic communications, with
a quorum present if:
(A) the gathering is part of an event that is initiated or hosted by someone other than
the public body;
(B) all members of the public body are invited to or allowed to attend the event; and
(C) the public body does not take any action as a public body at the gathering; or
(v) a gathering of a public body, in person or through electronic communications, with
a quorum present if:
(A) the gathering relates to or involves only internal administrative public body
matters; and
(B) the public body does not appropriate or spend any public funds during the time the
public body is gathered together.
[
(c)
] 
(d)
 "Meeting" does not mean [
the convening
] 
a gathering
 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
] 
gathered together
; and
(ii) the public body is [
convened
] 
gathered
 solely for the discussion or implementation
of 
an
 administrative or operational [
matters
] 
matter
:
(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.
[
(8)
] 
(6)
 "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.
[
(9)
] 
(7)
 "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.
[
(10)
] 
(8)
 (a) "Public body" means:
(i) [
any
] 
an
 administrative, [
advisory,
] executive, or legislative body of the state or [
its
political subdivisions that
] 
of a political subdivision of the state if the body
:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more [
persons
] 
individuals
;
(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) an advisory body of the state or of a political subdivision of the state if the body:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more individuals; and
(C) expends, disburses, or is supported in whole or in part by tax revenue; or
[
(ii)
] 
(iii)
 any administrative, advisory, executive, or policymaking body of an
association, as that term is defined in Section 
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 
53G-7-1101
.
(b) "Public body" includes:
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in
Section 
11-13-103
;
(ii) a governmental nonprofit corporation as that term is defined in Section 
11-13a-102
;
(iii) the Utah Independent Redistricting Commission; and
(iv) a project entity, as that term is defined in Section 
11-13-103
.
(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
, or an
administrative staff committee
 of the Legislature;
(iii) a school community council or charter trust land council, as that term is defined in
Section 
53G-7-1203
;
(iv) a taxed interlocal entity, as that term is defined in Section 
11-13-602
, if the taxed
interlocal entity is not a project entity; or
(v) the following Legislative Management subcommittees, which are established in
Section 
36-12-8
, when meeting for the purpose of selecting or evaluating a candidate to
recommend for employment, except that the meeting in which a subcommittee votes to
recommend that a candidate be employed shall be subject to the provisions of this act:
(A) the Research and General Counsel Subcommittee;
(B) the Budget Subcommittee; and
(C) the Audit Subcommittee.
[
(11)
] 
(9)
 "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.
[
(12)
] 
(10)
 [
(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.
]
[
(13)
] 
(11)
 "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.
[
(14)
] 
(12)
 "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 [
(10)(c)(ii) or (10)(c)(v)
] 
(8)(c)(ii) or
(8)(c)(v)
.
[
(15) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
]
Section 2. 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;
(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;
(E) for a project entity that is conducting an open meeting for the purposes of
determining the value of an asset, developing a strategy related to the sale or use of that asset;
(F) for a project entity that is conducting an open meeting for purposes of discussing a
business decision, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, the project entity; or
(G) for a project entity that is conducting an open meeting for purposes of discussing a
record, the disclosure of which could cause commercial injury to, or confer a competitive
advantage upon a potential competitor of, the project entity; or
(b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
[
convened
] 
held
 for the purpose of conducting business relating to the receipt or review of an
ethics complaint, if 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
] 
held
 for the purpose of conducting business
relating to the preliminary review of an ethics complaint in accordance with Section
63A-15-602
, if 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
] 
held
 for the purpose of conducting business
relating to an ethics complaint, if 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"[
; or
]
.
[
(iv) for the Data Security Management Council created in Section 
63A-16-701
, the
closed meeting is convened in accordance with Subsection 
63A-16-701
(7), if 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 information
technology security."
]
(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.
Section 3. 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) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
electronic meeting shall establish the conditions under which a remote member is included in
calculating a quorum.
(c) A resolution, rule, or ordinance described in Subsection (2)(a) 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;
(v) if the public body is statutorily authorized to allow a member of the public body to
act by proxy, establish the conditions under which a member may vote or take other action by
proxy; or
(vi) establish other procedures, limitations, or conditions governing electronic meetings
not in conflict with this section.
(3) A public body that [
convenes and
] conducts an electronic meeting shall:
(a) give public notice of the electronic meeting in accordance with Section 
52-4-202
;
and
[
(b) except for an electronic meeting described in Subsection (5), post written notice of
the electronic meeting at the anchor location; and
]
[
(c)
] 
(b)
 except as otherwise provided in a rule of the Legislature applicable to the
public body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
member of the public body a description of how to electronically connect to the meeting.
(4) (a) Except as provided in Subsection (5), a public body that [
convenes and
]
conducts an electronic meeting shall provide space and facilities at an anchor location for
members of the public to attend the open portions of the meeting.
(b) A public body that [
convenes and
] conducts an electronic meeting may provide
means by which members of the public may attend the meeting remotely by electronic means.
(5) Subsection (4)(a) does not apply to an electronic meeting if:
(a) (i) the chair of the public body determines that:
(A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
to the health or safety of those present or who would otherwise be present at the anchor
location; or
(B) the location where the public body would normally meet has been ordered closed
to the public for health or safety reasons; and
(ii) the public notice for the meeting includes:
(A) a statement describing the chair's determination under Subsection (5)(a)(i);
(B) a summary of the facts upon which the chair's determination is based; and
(C) information on how a member of the public may attend the meeting remotely by
electronic means;
(b) (i) during the course of the electronic meeting, the chair:
(A) determines that continuing to conduct the electronic meeting as provided in
Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
anchor location; and
(B) announces during the electronic meeting the chair's determination under Subsection
(5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
(ii) in [
convening
] 
conducting
 the electronic meeting, the public body has provided
means by which members of the public who are not physically present at the anchor location
may attend the electronic meeting remotely by electronic means;
(c) (i) the public body is a special district board of trustees established under Title 17B,
Chapter 1, Part 3, Board of Trustees;
(ii) the board of trustees' membership consists of:
(A) at least two members who are elected or appointed to the board as owners of land,
or as an agent or officer of the owners of land, under the criteria described in Subsection
17B-1-302
(2)(b); or
(B) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17B-1-302
(3)(a)(ii);
(iii) the public notice required under Subsection [
52-4-202
(3)(a)(i)(B)
] 
52-4-202
(3)(a)
for the electronic meeting includes information on how a member of the public may attend the
meeting remotely by electronic means; and
(iv) the board of trustees allows members of the public attending the meeting by
remote electronic means to participate in the meeting; or
(d) (i) the public body is a special service district administrative control board
established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
(ii) the administrative control board's membership consists of:
(A) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17D-1-304
(1)(a)(iii)(A) or (B), as applicable; or
(B) members that qualify for election or appointment to the board because the owners
of real property in the special service district meet or exceed the threshold percentage described
in Subsection 
17D-1-304
(1)(b)(i);
(iii) the public notice required under Subsection [
52-4-202
(3)(a)(i)(B)
] 
52-4-202
(3)(a)
for the electronic meeting includes information on how a member of the public may attend the
meeting remotely by electronic means; and
(iv) the administrative control board allows members of the public attending the
meeting by remote electronic means to participate in the meeting.
(6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
the chair of the public body makes the determination.
(7) 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
.
(8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
(2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
vote or otherwise act by proxy.
(9) Except for a unanimous vote, a public body that is conducting an electronic
meeting shall take all votes by roll call.
Section 4. Section 
52-4-209
 is amended to read:
52-4-209.
Electronic meetings for charter school board.
(1) Notwithstanding the definitions provided in Section 
52-4-103
 for this chapter, as
used in this section:
(a) "Anchor location" means a physical location where:
(i) the charter school board would normally meet if the charter school board were not
holding an electronic meeting; and
(ii) space, a facility, and technology are provided to the public to monitor and, if public
comment is allowed, to participate in an electronic meeting during regular business hours.
(b) "Charter school board" means the governing board of a school created under Title
53G, Chapter 5, Charter Schools.
(c) "Meeting" means the convening of a charter school board:
(i) with a quorum who:
(A) monitors a website at least once during the electronic meeting; and
(B) casts a vote on a website, if a vote is taken; and
(ii) for the purpose of discussing, receiving comments from the public about, or acting
upon a matter over which the charter school board has jurisdiction or advisory power.
(d) "Monitor" means to:
(i) read all the content added to a website by the public or a charter school board
member; and
(ii) view a vote cast by a charter school board member on a website.
(e) "Participate" means to add content to a website.
(2) (a) A charter school board may [
convene and
] conduct an electronic meeting in
accordance with Section 
52-4-207
.
(b) A charter school board may [
convene and
] conduct an electronic meeting in
accordance with this section that is in writing on a website if:
(i) the chair verifies that a quorum monitors the website;
(ii) the content of the website is available to the public;
(iii) the chair controls the times in which a charter school board member or the public
participates; and
(iv) the chair requires a person to identify himself or herself if the person:
(A) participates; or
(B) casts a vote as a charter school board member.
(3) A charter school that conducts an electronic meeting under this section shall:
(a) give public notice of the electronic meeting:
(i) in accordance with Section 
52-4-202
; and
(ii) by posting written notice at the anchor location as required under Section 
52-4-207
;
(b) in addition to giving public notice required by Subsection (3)(a), provide:
(i) notice of the electronic meeting to the members of the charter school board 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;
(ii) a description of how the members and the public may be connected to the
electronic meeting;
(iii) a start and end time for the meeting, which shall be no longer than 5 days; and
(iv) a start and end time for when a vote will be taken in an electronic meeting, which
shall be no longer than four hours; and
(c) provide an anchor location.
(4) The chair shall:
(a) not allow anyone to participate from the time the notice described in Subsection
(3)(b)(iv) is given until the end time for when a vote will be taken; and
(b) allow a charter school board member to change a vote until the end time for when a
vote will be taken.
(5) During the time in which a vote may be taken, a charter school board member may
not communicate in any way with any person regarding an issue over which the charter school
board has jurisdiction.
(6) A charter school conducting an electronic meeting under this section may not close
a meeting as otherwise allowed under this part.
(7) (a) Written minutes shall be kept of an electronic meeting conducted as required in
Section 
52-4-203
.
(b) (i) Notwithstanding Section 
52-4-203
, a recording is not required of an electronic
meeting described in Subsection (2)(b).
(ii) All of the content of the website shall be kept for an electronic meeting conducted
under this section.
(c) Written minutes are the official record of action taken at an electronic meeting as
required in Section 
52-4-203
.
(8) (a) A charter school board shall ensure that the website used to conduct an
electronic meeting:
(i) is secure; and
(ii) provides with reasonably certainty the identity of a charter school board member
who logs on, adds content, or casts a vote on the website.
(b) A person is guilty of a class B misdemeanor if the person falsely identifies himself
or herself as required by Subsection (2)(b)(iv).
(9) Compliance with the provisions of this section by a charter school constitutes full
and complete compliance by the public body with the corresponding provisions of Sections
52-4-201
 and 
52-4-202
.
Section 5. Section 
52-4-210
 is amended to read:
52-4-210.
Electronic message transmissions.
Nothing in this chapter [
shall
] 
may
 be construed to restrict a member of a public body
from transmitting an electronic message to other members of the public body at a time when
the public body is not convened in an open meeting
, as defined in Subsection 
52-4-103
(5)(a)
.
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.