2nd Sub. H.B. 21
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 02-22-23 11:56 AM 6
H.B. 21
2nd Sub. (Gray)
Representative Joel K. Briscoe proposes the following substitute bill:
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
8General Description:
9 This bill modifies the Open and Public Meetings Act relating to public comment
10requirements and electronic meetings.
11Highlighted Provisions:
12 This bill:
13 <requires a public body holding an open meeting to allow a reasonable opportunity
14for the public to provide verbal comment at the meeting, with certain exceptions;
15 <requires a public body to adopt a resolution, rule, or ordinance allowing public
16comment in a public meeting;
17 <permits a public body of a local district or special service district to convene and
18conduct an electronic meeting in certain circumstances; and
19 <makes technical and conforming changes.
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 None
24Utah Code Sections Affected:
25AMENDS:
*HB0021S02* 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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26 11-59-204, as last amended by Laws of Utah 2021, Chapter 415
27 17B-1-302, as last amended by Laws of Utah 2022, Chapter 381
28 17D-1-102, as last amended by Laws of Utah 2014, Chapter 377
29 17D-1-304, as last amended by Laws of Utah 2014, Chapter 377
30 52-4-201, as last amended by Laws of Utah 2006, Chapter 263 and renumbered and
31amended by Laws of Utah 2006, Chapter 14
32 52-4-202, as last amended by Laws of Utah 2021, Chapters 84, 345
33 52-4-207, as last amended by Laws of Utah 2022, Chapters 24, 402
34 63H-1-202, as last amended by Laws of Utah 2022, Chapters 274, 463
35ENACTS:
36 17D-1-307, Utah Code Annotated 1953
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 11-59-204 is amended to read:
40 11-59-204. Applicability of other law -- Coordination with municipality.
41 (1) The authority and the point of the mountain state land are not subject to:
42 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
43 (b) the jurisdiction of a local district under Title 17B, Limited Purpose Local
44Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
45Special Service District Act, except to the extent that:
46 (i) some or all of the point of the mountain state land is, on May 8, 2018, included
47within the boundary of a local district or special service district; and
48 (ii) the authority elects to receive service from the local district or special service
49district for the point of the mountain state land that is included within the boundary of the local
50district or special service district, respectively.
51 (2) In formulating and implementing a development plan for the point of the mountain
52state land, the authority shall consult with officials of the municipality within which the point
53of the mountain state land is located on planning and zoning matters.
54 (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
5563E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
56by Title 63E, Independent Entities Code. 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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57 (4) Nothing in this chapter may be construed to remove the point of the mountain state
58land from the service area of the municipality in which the point of the mountain state land is
59located, for purposes of water, sewer, and other similar municipal services currently being
60provided.
61 (5) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act,
62except that for an electronic meeting of the authority board that otherwise complies with
63Section 52-4-207, the authority board:
64 (a) is not required to establish an anchor location; and
65 (b) may convene and conduct the meeting without the [written] determination
66otherwise required under [Subsection 52-4-207(4)] Subsection 52-4-207(5)(a)(i).
67 Section 2. Section 17B-1-302 is amended to read:
68 17B-1-302. Board member qualifications -- Number of board members.
69 (1) Except as provided in Section 17B-2a-905, each member of a local district board of
70trustees shall be:
71 (a) a registered voter at the location of the member's residence; and
72 (b) except as otherwise provided in Subsection (2) or (3), a resident within:
73 (i) the boundaries of the local district; and
74 (ii) if applicable, the boundaries of the division of the local district from which the
75member is elected or appointed.
76 (2) (a) As used in this Subsection (2):
77 (i) "Proportional number" means the number of members of a board of trustees that
78bears, as close as mathematically possible, the same proportion to all members of the board that
79the number of seasonally occupied homes bears to all residences within the district that receive
80service from the district.
81 (ii) "Seasonally occupied home" means a single-family residence:
82 (A) that is located within the local district;
83 (B) that receives service from the local district; and
84 (C) [whose owner does not reside permanently at the residence but may occupy the
85residence on a temporary or seasonal basis] whose owner occupies the residence on a
86temporary or seasonal basis, rather than as the principal place of residence as defined in Section
8720A-2-105. 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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88 (b) If over 50% of the residences within a local district that receive service from the
89local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
90replaced, for a proportional number of members of the board of trustees, with the requirement
91that the member be an owner of land, or an agent or officer of the owner of land[, that]:
92 (i) that receives, or intends to receive, service from the district; and
93 (ii) that is located within the local district and, if applicable, the division from which
94the member is elected.
95 (3) (a) For a board of trustees member in a basic local district, or in any other type of
96local district that is located solely within a county of the fourth, fifth, or sixth class, that has
97within the district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
98requirement under Subsection (1)(b) may be replaced by the requirement that the member be:
99 (i) a resident within the boundaries of the local district[, or that the member]; or
100 (ii) [be] an owner of land, or an agent or officer of the owner of land, within the local
101district that receives, or intends to receive, service from the district [or an agent or officer of the
102owner].
103 (b) A member of the board of trustees of a service area described in Subsection
10417B-2a-905(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
105not subject to the requirements described in Subsection (1)(b) if the elected official was elected
106at large by the voters of the county.
107 (c) Notwithstanding Subsection (1)(b) and except as provided in Subsection (3)(d), the
108county legislative body may appoint to the local district board one of the county legislative
109body's own members, regardless of whether the member resides within the boundaries
110described in Subsection (1)(b), if:
111 (i) the county legislative body satisfies the procedures to fill a vacancy described in:
112 (A) for the appointment of a new board member, Subsections 17B-1-304(2) and (3); or
113 (B) for an appointment to fill a midterm vacancy, Subsection 20A-1-512(1)(a)(ii) or
114Subsection 20A-1-512(2);
115 (ii) fewer qualified candidates timely file to be considered for appointment to the local
116district board than are necessary to fill the board;
117 (iii) the county legislative body appoints each of the qualified candidates who timely
118filed to be considered for appointment to the board; and 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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119 (iv) the county legislative body appoints a member of the body to the local district
120board, in accordance with Subsection 17B-1-304(6) or Subsection 20A-1-512(1)(c), who was:
121 (A) elected at large by the voters of the county;
122 (B) elected from a division of the county that includes more than 50% of the
123geographic area of the local district; or
124 (C) if the local district is divided into divisions under Section 17B-1-306.5, elected
125from a division of the county that includes more than 50% of the geographic area of the
126division of the local district in which there is a board vacancy.
127 (d) If it is necessary to reconstitute the board of trustees of a local district located solely
128within a county of the fourth, fifth, or sixth class because the term of a majority of the members
129of the board has expired without new trustees having been elected or appointed as required by
130law, even if sufficient qualified candidates timely file to be considered for a vacancy on the
131board, the county legislative body may appoint to the local district board no more than one of
132the county legislative body's own members who does not satisfy the requirements of
133Subsection (1).
134 (4) (a) Except as otherwise provided by statute, the number of members of each board
135of trustees of a local district that has nine or fewer members shall have an odd number of
136members that is no fewer than three.
137 (b) If a board of trustees of a local district has more than nine members, the number of
138members may be odd or even.
139 (5) For a newly created local district, the number of members of the initial board of
140trustees shall be the number specified:
141 (a) for a local district whose creation was initiated by a petition under Subsection
14217B-1-203(1)(a), (b), or (c), in the petition; or
143 (b) for a local district whose creation was initiated by a resolution under Subsection
14417B-1-203(1)(d) or (e), in the resolution.
145 (6) (a) For an existing local district, the number of members of the board of trustees
146may be changed by a two-thirds vote of the board of trustees.
147 (b) No change in the number of members of a board of trustees under Subsection (6)(a)
148may:
149 (i) violate Subsection (4); or 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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150 (ii) serve to shorten the term of any member of the board.
151 Section 3. Section 17D-1-102 is amended to read:
152 17D-1-102. Definitions.
153 As used in this chapter:
154 (1) "Adequate protests" means written protests timely filed by:
155 (a) the owners of private real property that:
156 (i) is located within the applicable area;
157 (ii) covers at least 25% of the total private land area within the applicable area; and
158 (iii) is equal in value to at least 15% of the value of all private real property within the
159applicable area; or
160 (b) registered voters residing within the applicable area equal in number to at least 25%
161of the number of votes cast in the applicable area for the office of president of the United States
162at the most recent election prior to the adoption of the resolution or filing of the petition.
163 (2) "Applicable area" means:
164 (a) for a proposal to create a special service district, the area included within the
165proposed special service district;
166 (b) for a proposal to annex an area to an existing special service district, the area
167proposed to be annexed;
168 (c) for a proposal to add a service to the service or services provided by a special
169service district, the area included within the special service district; and
170 (d) for a proposal to consolidate special service districts, the area included within each
171special service district proposed to be consolidated.
172 (3) "Facility" or "facilities" includes any structure, building, system, land, water right,
173water, or other real or personal property required to provide a service that a special service
174district is authorized to provide, including any related or appurtenant easement or right-of-way,
175improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
176 (4) "General obligation bond":
177 (a) means a bond that is directly payable from and secured by ad valorem property
178taxes that are:
179 (i) levied:
180 (A) by the county or municipality that created the special service district that issues the 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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181bond; and
182 (B) on taxable property within the special service district; and
183 (ii) in excess of the ad valorem property taxes for the current fiscal year; and
184 (b) does not include:
185 (i) a short-term bond;
186 (ii) a tax and revenue anticipation bond; or
187 (iii) a special assessment bond.
188 (5) "Governing body" means:
189 (a) the legislative body of the county or municipality that creates the special service
190district, to the extent that the county or municipal legislative body has not delegated authority
191to an administrative control board created under Section 17D-1-301; or
192 (b) the administrative control board of the special service district, to the extent that the
193county or municipal legislative body has delegated authority to an administrative control board
194created under Section 17D-1-301.
195 (6) "Guaranteed bonds" means bonds:
196 (a) issued by a special service district; and
197 (b) the debt service of which is guaranteed by one or more taxpayers owning property
198within the special service district.
199 (7) "Local district" has the same meaning as defined in Section 17B-1-102.
200 (8) "Revenue bond":
201 (a) means a bond payable from designated taxes or other revenues other than the ad
202valorem property taxes of the county or municipality that created the special service district;
203and
204 (b) does not include:
205 (i) an obligation constituting an indebtedness within the meaning of an applicable
206constitutional or statutory debt limit;
207 (ii) a tax and revenue anticipation bond; or
208 (iii) a special assessment bond.
209 (9) "Seasonally occupied home" means a single-family residence:
210 (a) that is located within the special service district;
211 (b) that receives service from the special service district; and 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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212 (c) whose owner occupies the residence on a temporary or seasonal basis, rather than as
213the principal place of residence as defined in Section 20A-2-105.
214 [(9)] (10) "Special assessment" means an assessment levied against property to pay all
215or a portion of the costs of making improvements that benefit the property.
216 [(10)] (11) "Special assessment bond" means a bond payable from special assessments.
217 [(11)] (12) "Special service district" means a limited purpose local government entity,
218as described in Section 17D-1-103, that:
219 (a) is created under authority of the Utah Constitution Article XI, Section 7; and
220 (b) operates under, is subject to, and has the powers set forth in this chapter.
221 [(12)] (13) "Tax and revenue anticipation bond" means a bond:
222 (a) issued in anticipation of the collection of taxes or other revenues or a combination
223of taxes and other revenues; and
224 (b) that matures within the same fiscal year as the fiscal year in which the bond is
225issued.
226 Section 4. Section 17D-1-304 is amended to read:
227 17D-1-304. Qualifications of administrative control board members -- Term of
228office.
229 (1) (a) Except as provided in Subsection (1)(b), each member of an administrative
230control board shall be:
231 (i) a registered voter within the special service district;
232 (ii) an officer or employee of the county or municipality that created the special service
233district; or
234 (iii) [if over 50% of the residences within a special service district are seasonally
235occupied homes, as defined in Section 17B-1-302, an owner of land, or an agent or officer of
236an owner of land, that receives services from the special service district and is located within
237the special service district, provided that the number of members appointed under this
238Subsection (1)(a)(iii) comprises less than a quorum of the board.] an owner of land, or an agent
239or officer of the owner of land, located within the special service district that receives, or
240intends to receive, service from the special service district, if:
241 (A) at least 60% of the residences within the special service district are seasonally
242occupied homes; or 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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243 (B) more than 50%, but less than 60%, of the residences within the special service
244district are seasonally occupied homes, if the number of members appointed under this
245Subsection (1)(a)(iii)(B) comprises less than a quorum of the board.
246 (b) Subsection (1)(a) does not apply if:
247 (i) at least 90% of the owners of real property within the special service district are not
248registered voters within the special service district; or
249 (ii) the member is appointed under Subsection 17D-1-303(3) or (4).
250 (2) (a) Except as provided in Subsection (2)(b), the term of each member of an
251administrative control board is four years.
252 (b) The term of as close as possible to half of the initial members of an administrative
253control board, chosen by lot, is two years.
254 Section 5. Section 17D-1-307 is enacted to read:
255 17D-1-307. Meetings of administrative control board.
256 (1) (a) Each meeting of the administrative control board shall comply with Title 52,
257Chapter 4, Open and Public Meetings Act.
258 (b) Subject to Subsection (2), an administrative control board shall:
259 (i) adopt rules of order and procedure to govern a public meeting of the administrative
260control board;
261 (ii) conduct a public meeting in accordance with the rules of order and procedure
262described in Subsection (1)(b)(i); and
263 (iii) make the rules of order and procedure described in Subsection (1)(b)(i) available
264to the public:
265 (A) at each meeting of the administrative control board; and
266 (B) if the special service district has a public website, on the website.
267 (2) Subsection (1)(b) does not affect the administrative control board's duty to comply
268with Title 52, Chapter 4, Open and Public Meetings Act.
269 Section 6. Section 52-4-201 is amended to read:
270 52-4-201. Meetings open to the public -- Exceptions.
271 (1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205,
272and 52-4-206.
273 (2) (a) A meeting that is open to the public includes a workshop or an executive 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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274session of a public body in which a quorum is present, unless closed in accordance with this
275chapter.
276 (b) A workshop or an executive session of a public body in which a quorum is present
277that is held on the same day as a regularly scheduled public meeting of the public body may
278only be held at the location where the public body is holding the regularly scheduled public
279meeting unless:
280 (i) the workshop or executive session is held at the location where the public body
281holds its regularly scheduled public meetings but, for that day, the regularly scheduled public
282meeting is being held at different location;
283 (ii) any of the meetings held on the same day is a site visit or a traveling tour and, in
284accordance with this chapter, public notice is given;
285 (iii) the workshop or executive session is an electronic meeting conducted according to
286the requirements of Section 52-4-207; or
287 (iv) it is not practicable to conduct the workshop or executive session at the regular
288location of the public body's open meetings due to an emergency or extraordinary
289circumstances.
290 (3) (a) (i) A public body holding a meeting that is open to the public shall allow a
291reasonable opportunity for the public to provide verbal comment that is germane to the topics
292to be considered during the meeting.
293 (ii) Subsection (3)(a)(i) does not apply to:
294 (A) a meeting that is a work session of the public body;
295 (B) a planning commission meeting under Title 10, Chapter 9a, Part 3, General Land
296Use Provisions, or Title 17, Chapter 27a, Part 3, General Land Use Provisions; or
297 (C) a public body that is solely an advisory body.
298 (b) No later than July 1, 2023, a public body shall adopt a resolution, rule, or ordinance
299that provides a reasonable opportunity for the public to provide verbal and written comments in
300a meeting of the public body:
301 (i) that is open to the public; and
302 (ii) to which Subsection (3)(a) applies.
303 (c) The resolution, rule, or ordinance described in Subsection (3)(b) may limit public
304verbal and written comments to topics that are germane to the topics to be considered during 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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305the meeting.
306 (4) Subsection (3) does not apply to the Legislature, a legislative committee, or another
307body within the state legislative branch.
308 Section 7. Section 52-4-202 is amended to read:
309 52-4-202. Public notice of meetings -- Emergency meetings.
310 (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
311meeting.
312 (ii) A specified body shall give not less than 24 hours' public notice of each meeting
313that the specified body holds on the capitol hill complex.
314 (b) The public notice required under Subsection (1)(a) shall include the meeting:
315 (i) agenda;
316 (ii) date;
317 (iii) time; and
318 (iv) place.
319 (2) (a) In addition to the requirements under Subsection (1), a public body which holds
320regular meetings that are scheduled in advance over the course of a year shall give public
321notice at least once each year of its annual meeting schedule as provided in this section.
322 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
323the scheduled meetings.
324 (3) (a) A public body or specified body satisfies a requirement for public notice by:
325 (i) posting written notice:
326 (A) except for an electronic meeting held without an anchor location under [Subsection
32752-4-207(4)] Subsection 52-4-207(5), at the principal office of the public body or specified
328body, or if no principal office exists, at the building where the meeting is to be held; and
329 (B) on the Utah Public Notice Website created under Section 63A-16-601; and
330 (ii) providing notice to:
331 (A) at least one newspaper of general circulation within the geographic jurisdiction of
332the public body; or
333 (B) a local media correspondent.
334 (b) A public body or specified body is in compliance with the provisions of Subsection
335(3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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336of Subsection 63A-16-601(4)(d).
337 (c) A public body whose limited resources make compliance with Subsection
338(3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
339Section 63A-12-101, to provide technical assistance to help the public body in its effort to
340comply.
341 (4) A public body and a specified body are encouraged to develop and use additional
342electronic means to provide notice of their meetings under Subsection (3).
343 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
344 (i) because of unforeseen circumstances it is necessary for a public body or specified
345body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
346 (ii) the public body or specified body gives the best notice practicable of:
347 (A) the time and place of the emergency meeting; and
348 (B) the topics to be considered at the emergency meeting.
349 (b) An emergency meeting of a public body may not be held unless:
350 (i) an attempt has been made to notify all the members of the public body; and
351 (ii) a majority of the members of the public body approve the meeting.
352 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
353provide reasonable specificity to notify the public as to the topics to be considered at the
354meeting. Each topic shall be listed under an agenda item on the meeting agenda.
355 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
356member of the public body, a topic raised by the public may be discussed during an open
357meeting, even if the topic raised by the public was not included in the agenda or advance public
358notice for the meeting.
359 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
360body may not take final action on a topic in an open meeting unless the topic is:
361 (i) listed under an agenda item as required by Subsection (6)(a); and
362 (ii) included with the advance public notice required by this section.
363 (7) Except as provided in this section, this chapter does not apply to a specified body.
364 Section 8. Section 52-4-207 is amended to read:
365 52-4-207. Electronic meetings -- Authorization -- Requirements.
366 (1) Except as otherwise provided for a charter school in Section 52-4-209, a public 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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367body may convene and conduct an electronic meeting in accordance with this section.
368 (2) (a) A public body may not hold an electronic meeting unless the public body has
369adopted a resolution, rule, or ordinance governing the use of electronic meetings.
370 (b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
371electronic meeting [held after December 31, 2022,] shall establish the conditions under which a
372remote member is included in calculating a quorum.
373 (c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
374 (i) prohibit or limit electronic meetings based on budget, public policy, or logistical
375considerations;
376 (ii) require a quorum of the public body to:
377 (A) be present at a single anchor location for the meeting; and
378 (B) vote to approve establishment of an electronic meeting in order to include other
379members of the public body through an electronic connection;
380 (iii) require a request for an electronic meeting to be made by a member of a public
381body up to three days prior to the meeting to allow for arrangements to be made for the
382electronic meeting;
383 (iv) restrict the number of separate connections for members of the public body that are
384allowed for an electronic meeting based on available equipment capability;
385 (v) if the public body is statutorily authorized to allow a member of the public body to
386act by proxy, establish the conditions under which a member may vote or take other action by
387proxy; or
388 (vi) establish other procedures, limitations, or conditions governing electronic meetings
389not in conflict with this section.
390 (3) A public body that convenes and conducts an electronic meeting shall:
391 (a) give public notice of the electronic meeting in accordance with Section 52-4-202;
392 (b) except for an electronic meeting described in Subsection (5), post written notice of
393the electronic meeting at the anchor location; and
394 (c) except as otherwise provided in a rule of the Legislature applicable to the public
395body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
396member of the public body a description of how to electronically connect to the meeting.
397 (4) (a) Except as provided in Subsection (5), a public body that convenes and conducts 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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398an electronic meeting shall provide space and facilities at an anchor location for members of
399the public to attend the open portions of the meeting.
400 (b) A public body that convenes and conducts an electronic meeting may provide
401means by which members of the public [who are not physically present at the anchor location]
402may attend the meeting remotely by electronic means.
403 (5) Subsection (4)(a) does not apply to an electronic meeting if:
404 (a) (i) the chair of the public body determines that:
405 (A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
406to the health or safety of those present or who would otherwise be present at the anchor
407location; or
408 (B) the location where the public body would normally meet has been ordered closed
409to the public for health or safety reasons; and
410 (ii) the public notice for the meeting includes:
411 (A) a statement describing the chair's determination under Subsection (5)(a)(i);
412 (B) a summary of the facts upon which the chair's determination is based; and
413 (C) information on how a member of the public may attend the meeting remotely by
414electronic means; [or]
415 (b) (i) during the course of the electronic meeting, the chair:
416 (A) determines that continuing to conduct the electronic meeting as provided in
417Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
418anchor location; and
419 (B) announces during the electronic meeting the chair's determination under Subsection
420(5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
421 (ii) in convening the electronic meeting, the public body has provided means by which
422members of the public who are not physically present at the anchor location may attend the
423electronic meeting remotely by electronic means[.];
424 (c) (i) the public body is a local district board of trustees established under Title 17B,
425Chapter 1, Part 3, Board of Trustees;
426 (ii) the board of trustee's membership consists of:
427 (A) at least two members who are elected or appointed to the board as owners of land,
428or as an agent or officer of the owners of land, under the criteria described in Subsection 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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42917B-1-302(2)(b); or
430 (B) at least one member who is elected or appointed to the board as an owner of land,
431or as an agent or officer of the owner of land, under the criteria described in Subsection
43217B-1-302(3)(a)(ii);
433 (iii) the public notice required under Subsection 52-4-202(3)(a)(i)(B) for the electronic
434meeting includes information on how a member of the public may attend the meeting remotely
435by electronic means; and
436 (iv) the board of trustees allows members of the public attending the meeting by
437remote electronic means to participate in the meeting; or
438 (d) (i) the public body is a special service district administrative control board
439established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
440 (ii) the administrative control board's membership consists of:
441 (A) at least one member who is elected or appointed to the board as an owner of land,
442or as an agent or officer of the owner of land, under the criteria described in Subsection
44317D-1-304(1)(a)(iii)(A) or (B), as applicable; or
444 (B) members that qualify for election or appointment to the board because the owners
445of real property in the special service district meet or exceed the threshold percentage described
446in Subsection 17D-1-304(1)(b)(i);
447 (iii) the public notice required under Subsection 52-4-202(3)(a)(i)(B) for the electronic
448meeting includes information on how a member of the public may attend the meeting remotely
449by electronic means; and
450 (iv) the administrative control board allows members of the public attending the
451meeting by remote electronic means to participate in the meeting.
452 (6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
453the chair of the public body makes the determination.
454 (7) Compliance with the provisions of this section by a public body constitutes full and
455complete compliance by the public body with the corresponding provisions of Sections
45652-4-201 and 52-4-202.
457 (8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
458(2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
459vote or otherwise act by proxy. 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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460 (9) Except for a unanimous vote, a public body that is conducting an electronic
461meeting shall take all votes by roll call.
462 Section 9. Section 63H-1-202 is amended to read:
463 63H-1-202. Applicability of other law.
464 (1) As used in this section:
465 (a) "Subsidiary" means an authority subsidiary that is a public body as defined in
466Section 52-4-103.
467 (b) "Subsidiary board" means the governing body of a subsidiary.
468 (2) The authority or land within a project area is not subject to:
469 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
470 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
471 (c) ordinances or regulations of a county or municipality, including those relating to
472land use, health, business license, or franchise; or
473 (d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
474Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
475Special Service District Act.
476 (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
47763E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
478by Title 63E, Independent Entities Code.
479 (4) (a) The definitions in Section 57-8-3 apply to this Subsection (4).
480 (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
481Act, or any other provision of law:
482 (i) if the military is the owner of land in a project area on which a condominium project
483is constructed, the military is not required to sign, execute, or record a declaration of a
484condominium project; and
485 (ii) if a condominium unit in a project area is owned by the military or owned by the
486authority and leased to the military for $1 or less per calendar year, not including any common
487charges that are reimbursements for actual expenses:
488 (A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
489Condominium Ownership Act;
490 (B) condominium unit owners within the same building or commercial condominium 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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491project may agree on any method of allocation and payment of common area expenses,
492regardless of the size or par value of each unit; and
493 (C) the condominium project may not be dissolved without the consent of all the
494condominium unit owners.
495 (5) Notwithstanding any other provision, when a law requires the consent of a local
496government, the authority is the consenting entity for a project area.
497 (6) (a) A department, division, or other agency of the state and a political subdivision
498of the state shall cooperate with the authority to the fullest extent possible to provide whatever
499support, information, or other assistance the authority requests that is reasonably necessary to
500help the authority fulfill the authority's duties and responsibilities under this chapter.
501 (b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
502a project area located within the boundary of the political subdivision.
503 (7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
504Public Meetings Act, except that:
505 (i) notwithstanding Section 52-4-104, the timing and nature of training to authority
506board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
507and Public Meetings Act, may be determined by:
508 (A) the board chair, for the authority board; or
509 (B) the subsidiary board chair, for a subsidiary board;
510 (ii) authority staff may adopt a rule governing the use of electronic meetings under
511Section 52-4-207, if, under Subsection 63H-1-301(3), the board delegates to authority staff the
512power to adopt the rule; and
513 (iii) for an electronic meeting of the authority board or subsidiary board that otherwise
514complies with Section 52-4-207, the authority board or subsidiary board, respectively:
515 (A) is not required to establish an anchor location; and
516 (B) may convene and conduct the meeting without the [written] determination
517otherwise required under [Subsection 52-4-207(4)] Subsection 52-4-207(5)(a)(i).
518 (b) Except as provided in Subsection (7)(c), the authority is not required to physically
519post notice notwithstanding any other provision of law.
520 (c) The authority shall physically post notice in accordance with Subsection
52152-4-202(3)(a)(i). 2nd Sub. (Gray) H.B. 21 02-22-23 11:56 AM
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522 (8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
523Records Access and Management Act, except that:
524 (a) notwithstanding Section 63G-2-701:
525 (i) the authority may establish an appeals board consisting of at least three members;
526 (ii) an appeals board established under Subsection (8)(a)(i) shall include:
527 (A) one of the authority board members appointed by the governor;
528 (B) the authority board member appointed by the president of the Senate; and
529 (C) the authority board member appointed by the speaker of the House of
530Representatives; and
531 (iii) an appeal of a decision of an appeals board is to district court, as provided in
532Section 63G-2-404, except that the State Records Committee is not a party; and
533 (b) a record created or retained by the authority or a subsidiary acting in the role of a
534facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, Chapter 2,
535Government Records Access and Management Act.
536 (9) The authority or a subsidiary acting in the role of a facilitator under Subsection
53763H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private partnership
538that results from the facilitator's work as a facilitator.
539 (10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
540Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
5414, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
542the public infrastructure district's financed infrastructure and related improvements, subject to a
543maximum rate of .015.
544 (ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
545district property tax levy for a bond.
546 (b) If a subsidiary created as a public infrastructure district issues a bond:
547 (i) the subsidiary may:
548 (A) delay the effective date of the property tax levy for the bond until after the period
549of capitalized interest payments; and
550 (B) covenant with bondholders not to reduce or impair the property tax levy; and
551 (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
552Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a 02-22-23 11:56 AM 2nd Sub. (Gray) H.B. 21
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553rate that generates more revenue than required to pay the annual debt service of the bond plus
554administrative costs, subject to a maximum of .02.
555 (c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
5564, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102,
557within the public infrastructure district and apply a different property tax rate to each tax area,
558subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
559 (ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
560may issue bonds secured by property taxes from:
561 (A) the entire public infrastructure district; or
562 (B) one or more tax areas within the public infrastructure district.
563 (11) (a) Terms defined in Section 57-11-2 apply to this Subsection (11).
564 (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
565offer or disposition of an interest in land if the interest in land lies within the boundaries of the
566project area and the authority:
567 (i) (A) has a development review committee using at least one professional planner;
568 (B) enacts standards and guidelines that require approval of planning, land use, and
569plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
570control; and
571 (C) will have the improvements described in Subsection (11)(b)(i)(B) plus
572telecommunications and electricity; and
573 (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
574assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
575 (12) (a) As used in this Subsection (12), "officer" means the same as an officer within
576the meaning of the Utah Constitution Article IV, Section 10.
577 (b) An official act of an officer may not be invalidated for the reason that the officer
578failed to take the oath of office.