No. 37680 (Amendment): Rule R64-2. Utah Conservation Commission Electronic Proposed Meetings

(Amendment)

DAR File No.: 37680
Filed: 06/03/2013 11:35:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

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 commission meetings by electronic means. The proposed amendment clarifies participation of a quorum to meet requirements. It also updates notification requirements.

Summary of the rule or change:

The changes to the rule are to correct the numbering of the Code references to match the current legislative code, notification was added to include the electronic notification website, and the word telephonic was changed to telephone for clarification. Also, the name of the Division is changed from "Conservation and Resource Management" to "Conservation Commission".

State statutory or constitutional authorization for this rule:

• Section 52-4-207
• Subsection 4-18-105(2)(e)

Anticipated cost or savings to:

the state budget:

The amendments only clarify the meeting and notice requirements. They actually save funds over a face-to-face meetings due to travel expenses.

local governments:

The amendment only clarifies the meeting and notice requirements. It saves funds over a face-to-face meeting due to travel expenses.

small businesses:

This amendment only clarifies the meeting and notice requirements. It saves funds over a face-to-face meeting due to travel expenses.

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

No other small business, businesses, or local government entities are affected because the only changes made from "telephonic" to "by telephone" and that the public website notice was added as a place for notification of meetings.

Compliance costs for affected persons:

There were no costs associated with any of the changes to this rule. The only changes were the added website notification and the word "telephone" changed from "telephonic".

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

These changes were made to help clarify the rule and to update the notification of the public meeting website to be in compliance with state notification requirements.

Leonard M. Blackham, Commissioner

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

Agriculture and Food
Conservation and Resource Management
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Thayne Mickelson at the above address, by phone at 801-538-7171, by FAX at 801-538-9436, 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:

07/31/2013

This rule may become effective on:

08/07/2013

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R64. Agriculture and Food, [Conservation and Resource Management]Conservation Commission.

R64-2. [Utah ]Conservation Commission [Proposed ]Electronic Meetings.

R64-2-1. Authority and Purpose.

(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 commission meetings by electronic means.

(2) Authority. This rule is enacted under the authority of Sections 52-4-207, [63-46a-3] and 4-18-105[5,2d].

(3) Procedure. The following provisions govern any meeting at which [one or more]a voting majority of commissioners appear at the anchor location, [telephonically]by telephone, or electronically pursuant to Utah Code Section 52-4-207:

(a) If [one or more]enough commission members which constitute a voting majority [of the commission]intend to participate electronically or [telephonically]by telephone, public notices of the meeting shall [so indicate]be posted. In addition, the notice shall specify the anchor location where the members of the commission not participating electronically or [telephonically]by telephone will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be [provided to at least one newspaper of general circulation within the state and to a local media correspondent]posted on the Public Notice Website. 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 the commission members at least 24 hours before the meeting. In addition, the notice shall describe how a commission member may participate in the meeting electronically or [telephonically]by telephone.

(d) When notice is given of the possibility of a member appearing electronically or [telephonically]by telephone, any commission 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 commission. At the commencement of the meeting, or at such time as any commission member initially appears electronically or [telephonically]by telephone, the chair shall identify for the record all those who are appearing [telephonically]by telephone or electronically. Votes by members of the commission 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 Department of Agriculture and Food, 350 N Redwood Road, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, 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.

 

KEY: electronic meetings

Date of Enactment or Last Substantive Amendment: [June 3, 2008]2013

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

 

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