DAR File No. 44188

Administrative Services, Administration

Rule R13-11

Use of Electronic Meetings for the Utah Transparency Advisory Board

Notice of Proposed Rule

(Amendment)

DAR File No.: 44188
Filed: 11/01/2019 11:15:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2019 General Session, the Legislature passed H.B. 178. This bill transferred responsibility for the Transparency Advisory Board from the Division of Finance to the Department of Administrative Services. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule reestablishes procedures for conducting Utah Transparency Advisory Board meetings by electronic means under the Department of Administrative Services.

Summary of the rule or change:

Rule R13-11 establishes procedures for conducting meetings of the Utah Transparency Advisory Board by electronic means. It permits some members to participate by electronic means, but requires a quorum of the board to physically attend a board meeting, and permits the chair to limit the number of members who participate electronically. It provides for notice that some members of the board may participate by electronic means.

Statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The provisions of this rule are substantially similar to the rule (Rule R25-11) that existed under the former statutory authorization. The infrastructure to conduct electronic meetings already exists. Based on experience under the previous rule, any potential cost savings created by allowing state members to participate electronically cannot be predicted, and would be insignificant as most members are required to participate in person.

local governments:

There is no anticipated cost or savings to local governments. The provisions of this rule are substantially similar to the rule that existed under the former statutory authorization. The infrastructure to participate electronically already exists. Based on experience under the previous rule, any potential cost savings created by allowing local government members to participate electronically cannot be predicted, and would be insignificant as most members participate in person.

small businesses:

This rule does not apply to small businesses. It only applies to members of the Utah Transparency Advisory Committee. Therefore, there is no anticipated cost or savings to small businesses.

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

This rule does not apply to other persons. It only applies to members of the Utah Transparency Advisory Committee. Therefore, there is no anticipated cost or savings to other persons.

Compliance costs for affected persons:

This rule affects the method of meeting participation for some members of the Utah Transparency Advisory Board only. It does not impose compliance costs on persons.

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

I have reviewed and approved this rule. There will not be an impact on businesses.

Tani Pack Downing, Executive Director

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

Administrative Services
Administration
Room 3120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Kenneth Hansen at the above address, by phone at 801-538-3010, by FAX at , or by Internet E-mail at khansen@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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Tani Downing, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because this rule only applies to participating state entities.

 

Tani Pack Downing, Executive Director of the Department of Administrative Services, has reviewed and approved this fiscal analysis.

 

 

R13. Administrative Services, Administration.

R13-11. Use of Electronic Meetings for the Utah Transparency Advisory Board.

R13-11-1. Purpose and Authority.

(1) Purpose. Utah Code Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting Utah Transparency Advisory Board meetings by electronic means.

(2) Authority. This rule is enacted under the authority of Sections 52-4-207, and 63A-1-204.

 

R13-11-2. Definitions.

Terms used in this rule are defined in Sections 63G-1-201 and 52-4-103.

 

R13-11-3. Electronic Meetings.

(1) Electronic meetings of the Utah Transparency Advisory Board are governed by Subsection 52-4-207(3).

(2) As permitted by Subsection 52-4-207(2):

(a) A board member may request that a board meeting be conducted as an electronic meeting. The board member must make the request three days prior to the meeting.

(b) The board chair, in response to a request and in consultation with the department, may designate a meeting as an electronic meeting.

(c) When an electronic meeting is held, a quorum of the board must be present at a single anchor location.

(d) The chair may restrict the number of electronic connections for an electronic meeting.

(e) If one or more members of the board may participate in any meeting electronically or telephonically, public notices of the meeting shall so indicate.

(f) The chair shall provide notice of the possibility of an electronic meeting 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 or telephonically.

 

KEY: electronic meetings, Utah Transparency Advisory Board

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 63A-1-204