No. 31079 (New Rule): R64-2. Utah Conservation Commission Electronic Meetings

DAR File No.: 31079
Filed: 03/27/2008, 10:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to comply with the Utah Open and Public Meetings law (Section 52-4-207) so the Utah Conservation commission can hold electronic meetings.

Summary of the rule or change:

The proposed new rule provides for notice requirements regarding electronic meetings held by the commission. It also provides for a default anchor location for electronic meetings.

State statutory or constitutional authorization for this rule:

Section 52-4-207

Anticipated cost or savings to:

the state budget:

There would be a $5,200 savings. There are 16 members of the commission, 10 citizen members from various parts of the state whose travel costs are reimbursed by state funds, 6 separate state and 1 county natural resource related agency member with approximately 5 state agency staff that participate in meetings, most agency members and staff are headquartered in Salt Lake City. The current estimate is to have two electronic meetings per fiscal year with anchor location in Salt Lake City that will replace two in-person meetings. An estimate of travel costs savings for both citizen and state employees is $3,000 per meeting, less estimate $400 for state electronic computer and phone aided audio/visual equipment consultant and use costs, or $2,600 per meeting, or $5,200 for the two meetings.

local governments:

There would be a $500 savings. One of the ex officio commission members is a county employee. The current member is from Grand County and an estimate of travel time and expense saved by not having to go to a meeting in Salt Lake City is $500.

small businesses and persons other than businesses:

There would be a $2,160 savings. Nine of the ten citizens members are agricultural enterprise owners who are not paid for their travel time to Salt Lake City or other cities where in-person meetings are held. It is estimated that the average round trip travel time for these members is 4 hours per member or 36 hours per meeting, time which these individuals do not have to spend traveling if electronic meetings are held. An estimated labor value rate per person of these individuals is $30 per hour, or $1,080 per meeting, or $2,160 for the two meetings per fiscal year. There may be additional savings to the media and public that might have attended commission meetings. Utah small businesses will experience $4,000 in lost income because participants in two electronic meetings means members and staff do not have to travel. There will be a loss of business by travel-related businesses that is estimated at $4,000.

Compliance costs for affected persons:

There would likely be little or no additional compliance costs for a person to participate in a commission's electronic meeting since the person would likely already have access to existing phone and high speed Internet connection. Some participants with inadequate computer equipment or connection may have to travel to a location with adequate equipment or purchase such equipment.

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

There will be a positive impact on citizen members of the commission who will no longer have to lose production time from their businesses traveling to meetings. There may be some negative financial impacts on travel-related small businesses due to less travel. 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:

George S Hopkin or Kathleen Mathews at the above address, by phone at 801-538-7177 or 801-538-7103, by FAX at 801-538-9436 or 801-538-7126, or by Internet E-mail at [e-mail] or [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:

05/15/2008

This rule may become effective on:

05/22/2008

Authorized by:

Leonard M. Blackham, Commissioner

RULE TEXT

R64. Agriculture and Food, Conservation and Resource Management.

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 4-18-5,2d.

(3) Procedure. The following provisions govern any meeting at which one or more commissioners appear telephonically or electronically pursuant to Utah Code Section 52-4-207:

(a) If one or more members of the commission participate electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the commission not participating electronically or telephonically 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. 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.

(d) When notice is given of the possibility of a member appearing electronically or telephonically, 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, the chair shall identify for the record all those who are appearing telephonically 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: 2008

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