DAR File No. 41182

Governor, Criminal and Juvenile Justice (State Commission on)

Rule R356-3

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 41182
Filed: 01/17/2017 09:59:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures for the public bodies created in Title 63M, Chapter 7, and Title 77, Chapter 32, to hold open meetings by electronic means.

Summary of the rule or change:

This rule establishes procedures for public bodies that hold open meetings by electronic meetings.

Statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

There are no known anticipated costs or savings to the state budget because the State Commission on Criminal and Juvenile Justice (CCJJ) already has all necessary equipment and venues to conduct electronic meetings.

local governments:

There are no known anticipated costs or savings to local government because this rule only applies to electronic meetings held by the public bodies staffed by CCJJ, which already has all necessary equipment and venues to conduct electronic meetings.

small businesses:

There are no known anticipated costs or savings to small businesses because this rule only applies to electronic meetings held by the public bodies staffed by CCJJ, which already has all necessary equipment and venues to conduct electronic meetings.

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

There are no known anticipated costs or savings to persons, small businesses, businesses, or local government entities because this rule only applies to public bodies staffed by CCJJ. Additionally, CCJJ already has all necessary equipment and venues to conduct electronic meetings. Therefore, impact on other persons is unlikely.

Compliance costs for affected persons:

There are no anticipated compliance costs to affected persons because CCJJ already has all necessary equipment and venues to conduct electronic meetings.

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

This rule allows members of a public body to participate in meetings by electronic means while still allowing the public to attend, monitor and participate in the open portions of the meeting. CCJJ will facilitate these meetings with no additional costs and participation by the public will not change from current practices.

Ronald Gordon, Executive Director

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

Governor
Criminal and Juvenile Justice (State Commission on)
Room Suite 330 Senate Building
State Capitol Complex
420 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Ronald Gordon at the above address, by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at rbgordon@utah.gov
• Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at srudas@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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Ronald Gordon, Executive Director

R356. Governor, Criminal and Juvenile Justice (State Commission on).

R356-3. Electronic Meetings.

R356-3-1. Authority and Purpose.

(1) This rule is authorized by Section 52-4-207(2)(a) which requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings.

(2) The purpose of this rule is to establish procedures for the public bodies created in Title 63M, Chapter 7 and Title 77, Chapter 32 to hold open meetings by electronic means.

 

R356-3-2. Definitions.

(1) Terms used in this rule are found in Section 52-4-103.

(2) In addition:

(a) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice; and

(b) "presiding officer" means the member of the public body designated by statute, rule, or vote of the public body to preside at a meeting of the public body.

 

R356-3-3. Procedures.

(1) If a member of the public body wishes to participate in a meeting through electronic means, the member shall contact the staff at CCJJ which assists the public body. The staff at CCJJ shall determine whether an electronic meeting is practical given the facility requirements needed to conduct the meeting electronically in a manner that allows for attendance, participation and monitoring as required by the Open and Public Meetings Act.

(2) If an electronic meeting is to be held, notice of the meeting shall indicate the anchor location and how members of the public body may participate in the meeting electronically. The anchor location shall have sufficient space and facilities so the public may attend, monitor and participate in the open portions of the meeting.

(3) Any member of a public body may participate electronically at an electronic meeting. On the record, the presiding officer shall identify all those who are participating electronically. A member of the public body who participates in the meeting electronically shall be counted as present at the meeting for purposes of establishing a quorum, participating in the meeting, and voting.

 

KEY: electronic meetings, procedures

Date of Enactment or Last Substantive Amendment: 2017

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