DAR File No. 38887

Capitol Preservation Board (State), Administration

Rule R131-16

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 38887
Filed: 09/30/2014 09:11:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to establish procedures for conducting Capitol Preservation Board meetings by electronic means.

Summary of the rule or change:

This rule establishes procedures for conducting Capitol Preservation Board meetings by electronic means.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

The state's budget will not be affected, because this rule simply establishes the procedures for conducting Capitol Preservation Board meetings by electronic means.

local governments:

Local governments' budgets will not be affected, because this rule simply establishes the procedures for conducting Capitol Preservation Board meetings by electronic means.

small businesses:

The budgets for small businesses will not be affected because this rule simply establishes the procedures for conducting Capitol Preservation Board meetings by electronic means.

persons other than small businesses, businesses, or local governmental entities:

No others will be affected, because this rule simply establishes the procedures for conducting Capitol Preservation Board meetings by electronic means.

Compliance costs for affected persons:

There are no compliance costs for any person because this rule simply establishes the procedures for conducting Capitol Preservation Board meetings by electronic means.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses.

Allyson Gamble, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114-2110

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
• Allyson Gamble at the above address, by phone at 801-537-9156, by FAX at 801-538-3221, or by Internet E-mail at agamble@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2014

This rule may become effective on:

11/21/2014

Authorized by:

Allyson Gamble, Executive Director

R131. Capitol Preservation Board (State), Administration.

R131-16. Electronic Meetings.

R131-16-1. Electronic Meetings.

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule R131-16 establishes procedures for conducting Capital Preservation Board (hereinafter "Board") meetings by electronic means.

(2) Procedure. The following provisions govern any meeting at which one or more Board members appear electronically pursuant to Section 52-4-207:

(a) If one or more members of the Board desire to participate electronically, such member(s) shall contact the Executive Director of the Capitol Preservation Board (hereinafter "Executive Director"). The Executive Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Presiding Officer or Executive Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Board not participating electronically will be present and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the Utah State Capitol Hill Complex where the Board would normally meet if the Board was not holding an electronic meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Board members at least 24 hours before the meeting. In addition, the notice shall describe how a Board member may participate in the meeting electronically.

(d) When notice is given of the possibility of a Board member participating electronically, any Board member may do so and any voting Board member, whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any Board member initially appears electronically, the Presiding Officer shall identify for the record all those who are participating electronically. Votes by members of the Board who are not at the anchor location of the meeting shall be confirmed by the Presiding Officer.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.

 

KEY: electronic meetings, procedures

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 52-4-207