No. 41586 (New Rule): Rule R698-10. Electronic Meetings

(New Rule)

DAR File No.: 41586
Filed: 05/04/2017 11:11:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rulemaking is required in order for an agency to hold an electronic meeting.

Summary of the rule or change:

This rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings.

Statutory or constitutional authorization for this rule:

• Section 52-4-103
• Section 52-4-207

Anticipated cost or savings to:

the state budget:

There is not an anticipated cost or savings to the state budget because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means.

local governments:

There is not an anticipated cost or savings to the local government because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means.

small businesses:

There is not an anticipated cost or savings to small business because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means.

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

There is not an anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means.

Compliance costs for affected persons:

There are no compliance costs for affected persons because the rule establishes procedures for public bodies of the Department of Public Safety to conduct electronic meetings. The same costs currently associated with conducting a meeting would apply. The rule will allow some members of the public body to participate in the meeting through electronic means.

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

I have reviewed the rule and find that the enactment of this rule will not have a fiscal impact on businesses.

Keith D. Squires, Commissioner

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

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

07/03/2017

This rule may become effective on:

07/18/2017

Authorized by:

Keith Squires, Commissioner

RULE TEXT

R698. Public Safety, Administration.

R698-10. Electronic Meetings.

R698-10-1. Authority.

This rule is authorized by Section 52-4-207.

 

R698-10-2. Purpose.

The purpose of this rule is to establish procedures for conducting electronic meetings by department public bodies.

 

R698-10-3. Definitions.

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

(2) In addition:

(a) "department" means the Utah Department of Public Safety.

 

R698-10-4. Notice and Procedure of Electronic Meetings.

(1) The following provisions govern any meeting in which one or more members of a public body appear electronically or telephonically:

(a) if one or more public body members may participate electronically or telephonically in a meeting, the public notice of the meeting shall so indicate;

(b) the meeting minutes shall identify all public body members who participate electronically or telephonically in the meeting; and

(c) a member of the public body who participates in the meeting through electronic or telephonic means is considered to be present at the meeting for quorum, participation, and voting requirements.

(2) The department may decline to hold a meeting as an electronic or telephonic meeting due to budget, technical, or logistical issues.

 

R698-10-5. Anchor Location.

(1) The anchor location for an electronic meeting shall be designated in the meeting notice.

(2) A quorum of a public body is not required to be present at the anchor location for an electronic meeting.

(3) The anchor location shall have space where interested persons and the public may attend and monitor the open portions of the meeting.

 

KEY: electronic meetings, public meetings, open meetings

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 52-4-103; 52-4-207

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