H.B. 21
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 12-19-22 5:25 PM 6
H.B. 21
1 OPEN AND PUBLIC MEETINGS ACT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Joel K. Briscoe
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote:10 voting for0 voting against 4 absent
11General Description:
12 This bill modifies the Open and Public Meetings Act relating to public comment
13requirements.
14Highlighted Provisions:
15 This bill:
16 <requires a public body holding an open meeting to allow a reasonable opportunity
17for the public to provide verbal comment at the meeting, with certain exceptions;
18and
19 <requires a public body to adopt a resolution, rule, or ordinance allowing public
20comment in a public meeting.
21Money Appropriated in this Bill:
22 None
23Other Special Clauses:
24 None
25Utah Code Sections Affected:
26AMENDS:
27 52-4-201, as last amended by Laws of Utah 2006, Chapter 263 and renumbered and
*HB0021* H.B. 21 12-19-22 5:25 PM
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28amended by Laws of Utah 2006, Chapter 14
29
30Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 52-4-201 is amended to read:
32 52-4-201. Meetings open to the public -- Exceptions.
33 (1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205,
34and 52-4-206.
35 (2) (a) A meeting that is open to the public includes a workshop or an executive
36session of a public body in which a quorum is present, unless closed in accordance with this
37chapter.
38 (b) A workshop or an executive session of a public body in which a quorum is present
39that is held on the same day as a regularly scheduled public meeting of the public body may
40only be held at the location where the public body is holding the regularly scheduled public
41meeting unless:
42 (i) the workshop or executive session is held at the location where the public body
43holds its regularly scheduled public meetings but, for that day, the regularly scheduled public
44meeting is being held at different location;
45 (ii) any of the meetings held on the same day is a site visit or a traveling tour and, in
46accordance with this chapter, public notice is given;
47 (iii) the workshop or executive session is an electronic meeting conducted according to
48the requirements of Section 52-4-207; or
49 (iv) it is not practicable to conduct the workshop or executive session at the regular
50location of the public body's open meetings due to an emergency or extraordinary
51circumstances.
52 (3) (a) (i) A public body holding a meeting that is open to the public shall allow a
53reasonable opportunity for the public to provide verbal comment during the meeting.
54 (ii) Subsection (3)(a)(i) does not apply to:
55 (A) a meeting that is a work session of the public body; or
56 (B) a planning commission meeting under Title 10, Chapter 9a, Part 3, General Land
57Use Provisions, or Title 17, Chapter 27a, Part 3, General Land Use Provisions.
58 (b) No later than July 1, 2023, a public body shall adopt a resolution, rule, or ordinance 12-19-22 5:25 PM H.B. 21
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59that provides a reasonable opportunity for the public to provide verbal and written comments in
60a meeting of the public body:
61 (i) that is open to the public; and
62 (ii) to which Subsection (3)(a) applies.
63 (c) Notwithstanding Subsections (3)(a) and (b), legislative rules govern public
64comment at a public meeting of the Legislature or of a legislative committee.