Utah Code § 52-4-103

Current through the 2024 Fourth Special Session

Section 52-4-103 - Definitions

As used in this chapter:

(1) "Anchor location" means:

(a) the physical location where the public body conducting an electronic meeting under Section 52-4-207 normally conducts meetings of the public body; or

(b) a location other than the location described in Subsection (1)(a) that is reasonably as accessible to the public as the location described in Subsection (1)(a).

(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) "Electronic meeting" means a meeting that some or all public body members attend through an electronic video, audio, or both video and audio connection, as provided in Section 52-4-207.

(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.

(5) "Meeting" means a gathering:

(a) of a public body or specified body;

(b) with a quorum present; and

(c) that is convened:

(i) by an individual:

(A) with authority to convene the public body or specified body; and

(B) following the process provided by law for convening the public body or specified body; and

(ii) for the express purpose of acting as a public body or specified body to:

(A) receive public comment about a relevant matter;

(B) deliberate about a relevant matter; or

(C) take action upon a relevant matter.

(6) "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.

(7)

(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 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) 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 individuals;

(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, except for the Water District Water Development Council created pursuant to Section 11-13-228;

(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, 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.

(8) "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.

(9) "Quorum" means a simple majority of the membership of a public body, unless otherwise defined by applicable law.

(10) "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.

(11)

(a) "Relevant matter" means a matter that is within the scope of the authority of a public body or specified body.

(b) "Relevant matter" does not include, for a public body with both executive and legislative responsibilities, a managerial or operational matter.

(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 (7)(c)(ii) or (7)(c)(v).

Utah Code § 52-4-103

Amended by Chapter 522, 2024 General Session ,§ 2, eff. 5/1/2024.

Amended by Chapter 392, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 374, 2023 General Session ,§ 1, eff. 7/1/2023.

Amended by Chapter 457, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 139, 2023 General Session ,§ 18, eff. 5/3/2023.

Amended by Chapter 422, 2022 General Session ,§ 3, eff. 5/4/2022.

Amended by Chapter 246, 2019 General Session ,§ 8, eff. 5/14/2019.

Amended by Chapter 25, 2019 General Session ,§ 1, eff. 5/14/2019.

Amended by Utah Proposition 4, Independent Redistricting Commission Initiative (2018), approved by the voters at the general election held on 11/6/2018, and effective 12/1/2018.

Amended by Chapter 315, 2018 General Session ,§ 1, eff. 5/8/2018.

Amended by Chapter 356, 2018 General Session ,§ 1, eff. 5/8/2018.

Amended by Chapter 424, 2018 General Session ,§ 27, eff. 5/8/2018.

Amended by Chapter 415, 2018 General Session ,§ 49, eff. 3/22/2018.

Amended by Chapter 441, 2017 General Session ,§ 8, eff. 5/9/2017.

Amended by Chapter 196, 2017 General Session ,§ 1, eff. 5/9/2017.

Amended by Chapter 277, 2017 General Session ,§ 6, eff. 3/23/2017.

Amended by Chapter 77, 2016 General Session ,§ 1, eff. 3/18/2016.

Amended by Chapter 276, 2015 General Session ,§ 1, eff. 5/12/2015.

Amended by Chapter 265, 2015 General Session ,§ 55, eff. 5/12/2015.

Amended by Chapter 434, 2014 General Session ,§ 1, eff. 5/13/2014.

Amended by Chapter 277, 2012 General Session ,§ 1, eff. 5/8/2012.

Amended by Chapter 25, 2011 General Session
Amended by Chapter 215, 2011 General Session