DAR File No. 28664

Commerce, Administration

R151-1-2

Electronic Meetings

NOTICE OF PROPOSED RULE

DAR File No.: 28664
Filed: 04/21/2006, 02:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new section is to establish standards governing the use of electronic meetings.

Summary of the rule or change:

This section provides that the agencies within the Department of Commerce may hold electronic meetings, and it addresses procedures for requesting and establishing an electronic meeting.

State statutory or constitutional authorization for this rule:

Subsection 52-4-7.8(3)

Anticipated cost or savings to:

the state budget:

The state budget should not be affected by this section, which codifies existing procedures regarding electronic meetings. In addition, any fiscal impact would have been considered in the passage of S.B. 12 in the 2006 General Session, which bill requires this rule filing. (DAR NOTE: S.B. 12 is found at Chapter 17, Laws of Utah 2006, and was effective 05/01/2006.)

local governments:

The local governments should not be affected by this rule, which deals with electronic meetings held by a state executive branch agency.

other persons:

Other persons and those regulated by the agencies within the Department of Commerce should not be affected by this rule, which codifies existing procedures regarding electronic meetings. In addition, any fiscal impact would have been considered in the passage of S.B. 12 in the 2006 General Session, which bill requires this rule filing.

Compliance costs for affected persons:

Other persons and those regulated by the agencies within the Department of Commerce should not be affected by this rule, which codifies existing procedures regarding electronic meetings. In addition, any fiscal impact would have been considered in the passage of S.B. 12 in the 2006 General Session, which bill requires this rule filing.

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

No fiscal impact to businesses is anticipated by this rule filing beyond those considered in the passage of S.B. 12. Moreover, it merely codifies existing procedures regarding electronic meetings. Francine A. Giani, Executive Director

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

Direct questions regarding this rule to:

Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov

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:

06/14/2006

This rule may become effective on:

06/15/2006

Authorized by:

Francine Giani, Executive Director

RULE TEXT

R151. Commerce, Administration.

R151-1. Department of Commerce General Provisions.

R151-1-2. Electronic Meetings.

In compliance with Utah Code Ann. Section 52-4-207, the following shall apply to electronic meetings held by any "public body" (as defined in Utah Code Ann. Section 52-4-103) within the Department of Commerce.

(1) Electronic meetings are not prohibited but may be limited by an agency director or designee based on budget, public policy, or logistical considerations.

(2)(a) An agency director or designee, on his/her own initiative, may establish an electronic meeting.

(b) Any member of a public body may also request an agency director to establish an electronic meeting.

(i) Any such request shall be made as far in advance as possible, but not less than three business days prior to a meeting to allow for arrangements to be made for the electronic meeting. The agency director or designee may shorten this time frame upon a determination of reasonable need.

(ii) The agency director or designee may determine whether such a request should be granted. No vote of the public body is required.

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

(4) Any number of separate connections for members of a public body is allowed for an electronic meeting, unless an agency director or designee limits the number of separate connections based on available equipment capability or other relevant and reasonable considerations.

KEY: oath, board members, investigators, electronic meetings

Date of Enactment or Last Substantive Amendment: [February 15, 2005]2006

Authorizing, and Implemented or Interpreted Law: Art. IV, Sec. 10; 53-13-101(12); 13-1-6(1); 13-1-2(1)(b); 52-4-103; 52-4-207

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.