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H.B. 66
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RECORDS OF LOCAL GOVERNMENT
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MEETINGS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Tammy J. Rowan
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AN ACT RELATING TO THE UTAH MUNICIPAL CODE AND COUNTIES; REQUIRING
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MUNICIPALITIES AND COUNTIES TO MAKE AND KEEP AN ELECTRONIC RECORDING
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OF OPEN MEETINGS; PROVIDING AN EXCEPTION; PROVIDING AN ALTERNATE
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METHOD OF KEEPING THE RECORDING; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-3-603, as enacted by Chapter 48, Laws of Utah 1977
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52-4-7, as last amended by Chapter 17, Laws of Utah 1978
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ENACTS:
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17-15-28, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-603
is amended to read:
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10-3-603. Public records.
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(1) (a) The [governing] legislative body of each municipality shall:
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(i) keep a journal of its proceedings[. The]; and
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(ii) make an electronic audio recording of each open meeting of the legislative body,
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except a public hearing at which the municipal legislative body takes no action.
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(b) A recorder may, after 30 days after the meeting that is the subject of the recording,
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deposit the electronic audio recording made under Subsection (1)(a)(ii) with the state archivist of
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the Division of Archives and Records Services within the Department of Administrative Services
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under Title 63, Chapter 2, Part 9, Archives and Records Service, who shall then maintain the
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recording as provided in Title 63, Chapter 2, Government Records Access and Management Act.
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(2) Except as provided in Subsection (1)(b), the books, records, accounts, electronic audio
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recordings, and documents of each municipality shall be kept at the office of the recorder, and
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approved copies shall be open and available to the public during regular business hours for
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examination and copying.
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(3) The [governing] legislative body may by resolution establish reasonable charges for
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providing copies of its public records to individuals, except when [by law] the municipality [must]
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is required by law to provide the records without cost to the public.
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(4) Notwithstanding the requirement under Subsection (1)(a)(ii) to make an electronic
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audio recording, the official record of a municipal legislative body's open meeting is the approved
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minutes, not the electronic audio recording.
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Section 2.
Section
17-15-28
is enacted to read:
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17-15-28. Recording of open meetings -- Keeping recording -- Charges for copies of
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public records.
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(1) The legislative body of each county shall make an electronic audio recording of each
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open meeting of the legislative body, except a public hearing at which the legislative body takes
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no action.
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(2) A county clerk may, after 30 days after the meeting that is the subject of the recording,
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deposit the electronic audio recording made under Subsection (1) with the state archivist of the
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Division of Archives and Records Services within the Department of Administrative Services
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under Title 63, Chapter 2, Part 9, Archives and Records Service, who shall then maintain the
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recording as provided in Title 63, Chapter 2, Government Records Access and Management Act.
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(3) Except as provided in Subsection (2), the county clerk shall keep the electronic
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recordings at the office of the county clerk and shall keep the recordings open and available to the
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public during regular business hours for examination and copying.
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(4) The legislative body may by resolution establish reasonable charges for providing
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copies of its public records to individuals, except when the county is required by law to provide
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the records without cost to the public.
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(5) Notwithstanding the requirement under Subsection (1) to make an electronic audio
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recording, the official record of a county legislative body's open meeting is the approved minutes,
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not the electronic audio recording.
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Section 3.
Section
52-4-7
is amended to read:
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52-4-7. Minutes of open meetings -- Public records -- Recording of meetings.
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(1) Written minutes shall be kept of all open meetings. [Such] The minutes shall include:
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(a) the date, time, and place of the meeting;
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(b) the names of members present and absent;
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(c) the substance of all matters proposed, discussed, or decided, and a record, by individual
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member, of votes taken;
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(d) the names of all citizens who appeared and the substance in brief of their testimony;
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and
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(e) any other information that any member requests be entered in the minutes.
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(2) Written minutes shall be kept of all closed meetings. [Such] The minutes shall include:
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(a) the date, time, and place of the meeting;
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(b) the names of members present and absent; and
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(c) the names of all others present except where [such] disclosure would infringe on the
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confidence necessary to fulfill the original purpose of closing the meeting.
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(3) The minutes are public records and shall be available within a reasonable time after
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the meeting.
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(4) All or any part of an open meeting may be recorded by any person in attendance;
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provided, the recording does not interfere with the conduct of the meeting.
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(5) (a) In addition to the requirements of this chapter, each county legislative body shall
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also comply with the requirements of Section
17-15-28
, and the legislative body of each city and
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town shall also comply with the requirements of Section
10-3-603
, relating to the making of an
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electronic audio recording.
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(b) Failure to make an electronic audio recording as required under Subsection (5)(a) due
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to an equipment malfunction is not a violation of this chapter and may not subject a county or
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municipality to liability under this chapter.
Legislative Review Note
as of 12-22-99 9:35 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.