Definitions.

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  • (1) "Anchor location" means the physical location from which:
    • (a) an electronic meeting originates; or
    • (b) the participants are connected.
  • (2) "Capitol hill complex" means the grounds and buildings within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake City.
  • (3)
    • (a) "Convening" means the calling together of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power.
    • (b) "Convening" does not include the initiation of a routine conversation between members of a board of trustees of a large public transit district if the members involved in the conversation do not, during the conversation, take a tentative or final vote on the matter that is the subject of the conversation.
  • (4) "Electronic meeting" means a public meeting convened or conducted by means of a conference using electronic communications.
  • (5) "Electronic message" means a communication transmitted electronically, including:
    • (a) electronic mail;
    • (b) instant messaging;
    • (c) electronic chat;
    • (d) text messaging, as that term is defined in Section 76-4-401; or
    • (e) any other method that conveys a message or facilitates communication electronically.
  • (6)
    • (a) "Meeting" means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specific body has jurisdiction or advisory power.
    • (b) "Meeting" does not mean:
      • (i) a chance gathering or social gathering;
      • (ii) a convening of the State Tax Commission to consider a confidential tax matter in accordance with Section 59-1-405; or
      • (iii) a convening of a three-member board of trustees of a large public transit district as defined in Section 17B-2a-802 if:
        • (A) the board members do not, during the conversation, take a tentative or final vote on the matter that is the subject of the conversation; or
        • (B) the conversation pertains only to day-to-day management and operation of the public transit district.
    • (c) "Meeting" does not mean the convening of a public body that has both legislative and executive responsibilities if:
      • (i) no public funds are appropriated for expenditure during the time the public body is convened; and
      • (ii) the public body is convened solely for the discussion or implementation of administrative or operational matters:
        • (A) for which no formal action by the public body is required; or
        • (B) that would not come before the public body for discussion or action.
  • (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the public body who is participating in a meeting.
  • (8) "Participate" means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication.
  • (9)
    • (a) "Public body" means:
      • (i) any administrative, advisory, executive, or legislative body of the state or its political subdivisions that:
        • (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
        • (B) consists of two or more persons;
        • (C) expends, disburses, or is supported in whole or in part by tax revenue; and
        • (D) is vested with the authority to make decisions regarding the public's business; or
      • (ii) any administrative, advisory, executive, or policymaking body of an association, as that term is defined in Section 53G-7-1101, that:
        • (A) consists of two or more persons;
        • (B) expends, disburses, or is supported in whole or in part by dues paid by a public school or whose employees participate in a benefit or program described in Title 49, Utah State Retirement and Insurance Benefit Act; and
        • (C) is vested with authority to make decisions regarding the participation of a public school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
    • (b) "Public body" includes:
      • (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103;
      • (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102; and
      • (iii) the Utah Independent Redistricting Commission.
    • (c) "Public body" does not include:
      • (i) a political party, a political group, or a political caucus;
      • (ii) a conference committee, a rules committee, or a sifting committee of the Legislature;
      • (iii) a school community council or charter trust land council, as that term is defined in Section 53G-7-1203;
      • (iv) a taxed interlocal entity, as that term is defined in Section 11-13-602; or
      • (v) the following Legislative Management subcommittees, which are established in Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to recommend for employment, except that the meeting in which a subcommittee votes to recommend that a candidate be employed shall be subject to the provisions of this act:
        • (A) the Research and General Counsel Subcommittee;
        • (B) the Budget Subcommittee; and
        • (C) the Audit Subcommittee.
  • (10) "Public statement" means a statement made in the ordinary course of business of the public body with the intent that all other members of the public body receive it.
  • (11)
    • (a) "Quorum" means a simple majority of the membership of a public body, unless otherwise defined by applicable law.
    • (b) "Quorum" does not include a meeting of two elected officials by themselves when no action, either formal or informal, is taken.
  • (12) "Recording" means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting.
  • (13) "Specified body":
    • (a) means an administrative, advisory, executive, or legislative body that:
      • (i) is not a public body;
      • (ii) consists of three or more members; and
      • (iii) includes at least one member who is:
        • (A) a legislator; and
        • (B) officially appointed to the body by the president of the Senate, speaker of the House of Representatives, or governor; and
    • (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
  • (14) "Transmit" means to send, convey, or communicate an electronic message by electronic means.





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