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House approves bill to require public bodies adopt comment rules, eases anchor-location requirement for small districts

February 27, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House approves bill to require public bodies adopt comment rules, eases anchor-location requirement for small districts
The Utah House on Feb. 27 approved third substitute House Bill 21 to codify reasonable opportunities for public comment at public meetings and to ease anchor-location requirements for certain small special districts that rely on electronic meetings.

Representative Briscoe, sponsor of the substitute, told the House the Open and Public Meetings Act does not explicitly require public comment and that HB 21 would require each public body to adopt a resolution, rule or ordinance by July 1 providing "reasonable opportunities" for the public to comment at meetings, subject to reasonable time limits. The sponsor said the bill includes three exclusions: work sessions, advisory bodies and certain land-use authorities unless a political subdivision adopts rules to allow public comment for those bodies.

The bill also amended rules for small special service districts that do not have a civic building to serve as an anchor location for electronic meetings, allowing more flexibility for those rural entities to hold virtual sessions.

Supporters argued the bill restores and clarifies public participation rights, while allowing public bodies discretion to set reasonable limits. Representative Briscoe said: "As elected officials we have the responsibility to hear comments from the public about how good we're doing our job." Several colleagues expressed support and asked questions about time limits and the bill’s application to school boards and other local bodies.

The House approved the third substitute by a vote of 72 yeas and 1 nay, and the bill will be transmitted to the Senate for further consideration.

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