S.B. 148

1

CONSERVATION DISTRICTS - CLOSED MEETINGS
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David P. Hinkins
6 House Sponsor: John G. Mathis
7
8 LONG TITLE
9 General Description:
10 This bill enacts language authorizing a closed meeting for certain conservation district
11 projects.
12 Highlighted Provisions:
13 This bill:
14 . enacts language authorizing a closed meeting for certain conservation district
15 projects; and
16 . makes technical corrections.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 52-4-205, as last amended by Laws of Utah 2012, Chapters 327 and 365
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 52-4-205 is amended to read:
27 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed

28 meetings.
29 (1) A closed meeting described under Section 52-4-204 may only be held for:
30 (a) except as provided in Subsection (3), discussion of the character, professional
31 competence, or physical or mental health of an individual;
32 (b) strategy sessions to discuss collective bargaining;
33 (c) strategy sessions to discuss pending or reasonably imminent litigation;
34 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
35 including any form of a water right or water shares, if public discussion of the transaction
36 would:
37 (i) disclose the appraisal or estimated value of the property under consideration; or
38 (ii) prevent the public body from completing the transaction on the best possible terms;
39 (e) strategy sessions to discuss the sale of real property, including any form of a water
40 right or water shares, if:
41 (i) public discussion of the transaction would:
42 (A) disclose the appraisal or estimated value of the property under consideration; or
43 (B) prevent the public body from completing the transaction on the best possible terms;
44 (ii) the public body previously gave public notice that the property would be offered for
45 sale; and
46 (iii) the terms of the sale are publicly disclosed before the public body approves the
47 sale;
48 (f) discussion regarding deployment of security personnel, devices, or systems;
49 (g) investigative proceedings regarding allegations of criminal misconduct;
50 (h) as relates to the Independent Legislative Ethics Commission, conducting business
51 relating to the receipt or review of ethics complaints;
52 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
53 Subsection 52-4-204 (1)(a)(iii)(B);
54 (j) as relates to a county legislative body, discussing commercial information as
55 defined in Section 59-1-404 ;
56 (k) as relates to the Utah Higher Education Assistance Authority and its appointed
57 board of directors, discussing fiduciary or commercial information as defined in Section
58 53B-12-102 ; or

59 (l) a purpose for which a meeting is required to be closed under Subsection (2).
60 (2) The following meetings shall be closed:
61 (a) a meeting of the Health and Human Services Interim Committee to review a fatality
62 review report described in Subsection 62A-16-301 (1)(a), and the responses to the report
63 described in Subsections 62A-16-301 (2) and (4); [and]
64 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
65 (i) review a fatality review report described in Subsection 62A-16-301 (1)(a), and the
66 responses to the report described in Subsections 62A-16-301 (2) and (4); or
67 (ii) review and discuss an individual case, as described in Subsection
68 62A-4a-207 (5)[.]; and
69 (c) a meeting of a conservation district as defined in Section 17D-3-102 for the purpose
70 of advising the Natural Resource Conservation Service of the United States Department of
71 Agriculture on a farm improvement project if the discussed information is protected
72 information under federal law.
73 (3) In a closed meeting, a public body may not:
74 (a) interview a person applying to fill an elected position;
75 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
76 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
77 or
78 (c) discuss the character, professional competence, or physical or mental health of the
79 person whose name was submitted for consideration to fill a midterm vacancy or temporary
80 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
81 Temporary Absence in Elected Office.




Legislative Review Note
as of 1-3-13 9:25 AM

Office of Legislative Research and General Counsel

[Bill Documents]