No. 42723 (New Rule): Rule R651-103. Electronic Meetings

(New Rule)

DAR File No.: 42723
Filed: 03/27/2018 04:45:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish a process whereby electronic meetings may be held for the Board of Parks and Recreation, the Off-highway Vehicle Advisory Council, the Recreational Trails Advisory Council, and the Boating Advisory Council.

Summary of the rule or change:

This rule is established under the authority of Section 52-4-207 to provide the standards and procedures for electronic meetings of the Board of Parks and Recreation, the Off-highway Vehicle Advisory Council, the Recreational Trails Advisory Council, and the Boating Advisory Council. Section 52-4-207 authorizes a public body to convene or conduct an electronic meeting provided written procedures are established for such meetings. This rule establishes procedures for conducting Board and Advisory Council meetings by electronic means.

Statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

Savings to the state budget would occur when holding an electronic meeting, because the participants and attendees would not have to travel, thus creating a savings in per diem and mileage costs. The aggregate savings to the state budget would depend on how many employees, advisory council members, and board members would be in attendance at their respective meetings. The approximate savings is listed below. It is an estimate, because the location of the meetings and the number of times the meetings are held varies. 1) Parks and Recreation Board Meetings: 9 board members, 2-day meeting/1 hotel night at $100 (based on highest state rate of hotel cost in the state because the Division does not know where the meetings will be held). 8 x 100 = 800 x 4 meetings per year = total of $3,200. The meetings are usually held in one of the Board members home areas, so that is why there are 8 rooms and not 9. Nine board members at $42 (per diem rate for a day), 9 x $42 = $378 x 4 meetings per year = $3,024. Three administrative personnel for dinner first night of meeting = 3 x $18 = $54 x 4 meetings per year = $216. Approximately 15 employees attend meetings from various parts of the state. A lot are from the Salt Lake area or the area the meetings is being held in. If they drive a personal vehicle mileage reimbursement would be approximately: Southwest Region (Cedar City) 1 x 500.8 x $0.40 = $200.32 x 4 meetings per year = $801.28. Variable � if uses a state vehicle, no mileage paid; Southeast Region (Moab) 1 x 467 miles x $0.40 = $186.80 x 4 meetings per year = $747.20. Variable � if uses a state vehicle, no mileage is paid; Northern Region (Salt Lake) 1 x 4 miles roundtrip. If uses a state vehicle, no mileage paid. Meals based on six employees � not all employees are there for lunch/dinner. same with rooms: 6 x $100 = $600 x 4 meetings per year = $2,400. 6 at $32 (lunch and dinner per diem) is 6 x $32 = $192 x 4 meetings per year = $768. 6 at $42 (all day per diem) for the next day's meeting is 6 x $42 = $252 x 4 meetings per year = $1,008. $768 + $1008 = $1,776. All information is based on the meetings being held in Salt Lake and are based on the highest cost savings. Numbers are approximate. The total is $12,932.48. 2) Boating Advisory Council Meeting: 9 volunteers, rare that there is a need for hotel rooms, is 9 x 100 = $900 x 1 hotel room needed per year. 9 at $32 (lunch and dinner per diem) is 9 x $32 = $288 x 4 meetings per year = $1,152. The total is $2,052. 3) OHV and Trails Advisory Councils: 22 volunteers total for both Advisory Councils. No hotel rooms are needed. 22 at lunch per diem = 22 x $14 = $308 x 4 meetings per year = $1,232. 22 at dinner per diem = 22 x $18 = $396 x 4 meetings per year = $1,584. The total is $2,816. The grand total is $17,800.48.

local governments:

Savings to local governments could occur when electronic meetings were held if attendees were paid per diem or mileage by their respective agencies. The savings is inestimable because it is not known when or if they would attend a meeting. There could also be several agencies with varying amounts of per diem and/or mileage and it would not be known where a meeting was held compared to where the local government agency was located.

small businesses:

Savings to the small businesses could occur when electronic meetings were held because they would save on travel costs. Those savings could include hotels, mileage, and/or food. The savings is inestimable because it is not known when or if they would attend a meeting. The mileage would depend on where the meeting was held compared to where the business was located.

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

Savings to persons other than small businesses, businesses, or local government entities could occur when electronic meetings were held because they would save on travel costs. Those savings could include hotels, mileage, and/or food. The savings is inestimable because it is not known when or if they would attend a meeting. The mileage would depend on where the meeting was held compared to where people were traveling from.

Compliance costs for affected persons:

There are no compliance costs for affected persons because holding electronic meetings provide a savings only.

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

There should be no impact on businesses.

Miichael Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [e-mail]

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:

05/15/2018

This rule may become effective on:

05/22/2018

Authorized by:

Jeff Rasmussen, Acting Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

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

$17,800.48

$17,800.48

$17,800.48

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$17,800.48

$17,800.48

$17,800.48

Net Fiscal Benefits:

$17,800.48

$17,800.48

$17,800.48

 

*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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed new Rule R651-103 is not expected to have any fiscal impacts on large businesses' revenues or expenditures, because there are no services required from them in order to implement the rule.

 

The head of the Department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

 

 

R651. Natural Resources, Parks and Recreation.

R651-103. Electronic Meetings.

R651-103-1. Purpose and Authority.

This rule is established under the authority of Title 52; Chapter 4; Section 207 to provide the standards and procedures for electronic meetings of the Board of Parks and Recreation; the Off-highway Vehicle Advisory Council; the Recreational Trails Advisory Council and the Boating Advisory Council.

 

R657-39-2. Definitions.

(1) Terms used in this rule are defined as follows:

(a) "Anchor location" means the physical location from which:

(i) An electronic meeting originates; or

(ii) The participants are connected.

(b) "Electronic meeting" means a public meeting convened or conducted by means of a conference using electronic communications.

 

R651-103-3. Electronic Meetings.

(1) Section 52-4-207 authorizes a public body to convene or conduct an electronic meeting provided written procedures are established for such meetings. This rule establishes procedures for conducting Board and Advisory Council meetings by electronic means.

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

(a) If one or more members participate in a public meeting electronically or telephonically, public notices of the meeting shall specify:

(i) The members participating in the meeting electronically and how they will be connected to the meeting;

(ii) The anchor location where interested persons and the public may attend, monitor, and participate in the open portions of the meeting;

(iii) The meeting agenda; and

(iv) The date and time of the meeting.

(b) Written or electronic notice of the meeting and the agenda shall be posted or provided no less than 24 hours prior to the meeting:

(i) At the anchor location;

(ii) On the Utah Public Notice Website; and

(iii) To at least one newspaper of general circulation within the state or to a local media correspondent. These notices shall be provided at least 24 hours before the meetings.

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

(d) When notice is given of the possibility of a board member appearing electronically or telephonically, any board member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the board.

(i) At the commencement of the meeting, or at such time as any board member initially appears electronically or telephonically, the chair should identify for the record all those who are appearing telephonically or electronically.

(ii) Votes by members of the board who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Utah Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah.

(i) The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected.

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

 

R651-103-4. Board and Council Emergency Meetings.

(1) There are times when, due to the necessity of considering matters of an emergency or urgent nature, the public notice provisions of Section 52-4-202(1) cannot be met. Pursuant to Section 52-4-202(5), the notice requirements in Section 52-4-202(1) may be disregarded when unforeseen circumstances require the board or any of the advisory councils to meet and consider matters of an emergency or urgent nature.

(2) The following procedure shall govern any emergency meeting:

(a) No emergency meeting shall be held unless an attempt has been made to notify all of the members of the board of the proposed meeting and a majority of the convened members vote in the affirmative to hold such an emergency meeting.

(b) Public notice of the emergency meeting shall be provided as soon as practicable and shall include at a minimum the following:

(i) Posting of the date, time, and place of the meeting and the topics to be considered:

(A) At the offices of the division;

(B) On the division's web page; and

(C) At the location where the emergency meeting will be held.

(ii) If members of the board appear electronically or telephonically, notice shall comply with the requirements of R651-103-3 to the extent practicable.

(c) In convening the meeting and voting in the affirmative to hold such an emergency meeting, the board shall affirmatively state and find what unforeseen circumstances have rendered it necessary for the board to hold an emergency meeting to consider matters of an emergency or urgent nature such that the ordinary public notice of meetings provisions of Section 52-4-202 could not be followed.

 

KEY: electronic meetings, procedures

Date of Enactment or Last Substantive Amendment: May 22, 2018

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

---