Title 52 Chapter 4 Section 103

Public Officers
Open and Public Meetings Act
Section 103


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) "Convening" means the calling of a meeting 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.

            (3) "Electronic meeting" means a public meeting convened or conducted by means of a conference using electronic communications.

            (4) "Electronic message" means a communication transmitted electronically, including:

            (a) electronic mail;

            (b) instant messaging;

            (c) electronic chat;

            (d) text messaging as defined in Section 76-4-401; or

            (e) any other method that conveys a message or facilitates communication electronically.

            (5) (a) "Meeting" means the convening of a public body, with a quorum present, including a workshop or an executive session whether the meeting is held 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 has jurisdiction or advisory power.

            (b) "Meeting" does not mean:

            (i) a chance meeting;

            (ii) a social meeting;

            (iii) the convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened and:

            (A) the public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or

            (B) the public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action; or

            (iv) a meeting of the State Tax Commission to consider a confidential tax matter in accordance with Section 59-1-405.

            (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.

            (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.

            (8) (a) "Public body" means any administrative, advisory, executive, or legislative body of the state or its political subdivisions that:

            (i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;

            (ii) consists of two or more persons;

            (iii) expends, disburses, or is supported in whole or in part by tax revenue; and

            (iv) is vested with the authority to make decisions regarding the public's business.

            (b) "Public body" does not include a:

            (i) political party, political group, or political caucus;

            (ii) conference committee, rules committee, or sifting committee of the Legislature; or

            (iii) school community council established under Section 53A-1a-108.

            (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.

            (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 on a subject over which these elected officials have advisory power.

            (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.

            (12) "Transmit" means to send, convey, or communicate an electronic message by electronic means.

Amended by Chapter 277, 2012 General Session