Title 52 Chapter 4 Part 2 Section 205

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Index	Utah Code
Title 52	Public Officers
Chapter 4	Open and Public Meetings Act
Part 2	Meetings
Section 205	Purposes of closed meetings -- Certain issues prohibited in closed meetings. *(Effective 5/6/2026)*

Effective 5/6/2026
52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed meetings.

(1)

A closed meeting described under Section 52-4-204 may only be held for:

(a)	except as provided in Subsection (3), discussion of the character, professional competence, or physical or mental health of an individual;

(b)	strategy sessions to discuss collective bargaining;

(c)	strategy sessions to discuss pending or reasonably imminent litigation;

(d)

strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, or to discuss a proposed development agreement, project proposal, or financing proposal related to the development of land owned by the state or a political subdivision, if public discussion would:

(i)	disclose the appraisal or estimated value of the property under consideration; or

(ii)	prevent the public body from completing the transaction on the best possible terms;

(e)

strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if:

(i)

public discussion of the transaction would:

(A)	disclose the appraisal or estimated value of the property under consideration; or

(B)	prevent the public body from completing the transaction on the best possible terms;

(ii)	the public body previously gave public notice that the property would be offered for sale; and

(iii)

the terms of the sale are publicly disclosed before the public body approves the sale;

(f)	discussion regarding deployment of security personnel, devices, or systems;

(g)	investigative proceedings regarding allegations of criminal misconduct;

(h)	as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints;

(i)	as relates to an ethics committee of the Legislature, a purpose permitted under Section 52-4-204;

(j)	as relates to the Independent Executive Branch Ethics Commission created in Section 63A-14-202, conducting business relating to an ethics complaint;

(k)	as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;

(l)	as relates to the Utah Higher Education Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information;

(m)

deliberations, not including any information gathering activities, of a public body acting in the capacity of:

(i)	an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;

(ii)	a protest officer, defined in Section 63G-6a-103, during the process of making a decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or

(iii)

a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17, Procurement Appeals Board;

(n)	the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2, if the public body's consideration of the information is necessary to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;

(o)

the purpose of discussing information provided to the public body during the procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of the meeting:

(i)	the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be disclosed to a member of the public or to a participant in the procurement process; and

(ii)	the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process;

(p)

as relates to the governing board of a governmental nonprofit corporation, as that term is defined in Section 11-13a-102, the purpose of discussing information that is designated as a trade secret, as that term is defined in Section 13-24-2, if:

(i)	public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and

(ii)	discussion of the information is necessary for the governing board to properly discharge the board's duties and conduct the board's business;

(q)	as it relates to the Cannabis Production Establishment Licensing Advisory Board, to review confidential information regarding violations and security requirements in relation to the operation of cannabis production establishments;

(r)

considering a loan application, if public discussion of the loan application would disclose:

(i)	nonpublic personal financial information; or

(ii)	a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business financial information the disclosure of which would reasonably be expected to result in unfair competitive injury to the person submitting the information;

(s)	a discussion of the board of the Point of the Mountain State Land Authority, created in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as defined in Section 11-59-102;

(t)	as it relates to the General Oversight Committee, discussing matters subject to litigation and whistleblower complaints as described in Subsection 36-35-102.5(3);

(u)	a purpose for which a meeting is required to be closed under Subsection (2); or

(v)	as it relates to the Spaceport Exploration Committee created in Section 72-10-1302, discussion of the committee with industry experts for the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2.

(2)

The following meetings shall be closed:

(a)	a meeting of the Health and Human Services Interim Committee to review a report described in Subsection 26B-1-506(1)(a), and a response to the report described in Subsection 26B-1-506(2);

(b)

a meeting of the Child Welfare Legislative Oversight Panel to:

(i)	review a report described in Subsection 26B-1-506(1)(a), and a response to the report described in Subsection 26B-1-506(2); or

(ii)	review and discuss an individual case, as described in Section 36-33-103;

(c)	a meeting of a conservation district as defined in Section 17D-3-102 for the purpose of advising the Natural Resource Conservation Service of the United States Department of Agriculture on a farm improvement project if the discussed information is protected information under federal law;

(d)	a meeting of the Compassionate Use Board established in Section 4-41a-112 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section 26B-1-421;

(e)

a meeting of the Colorado River Authority of Utah if:

(i)	the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and

(ii)

failing to close the meeting would:

(A)	reveal the contents of a record classified as protected under Subsection 63G-2-305(81);

(B)	reveal a legal strategy relating to the state's claim to the use of the water in the Colorado River system;

(C)	harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate the best terms and conditions regarding the use of water in the Colorado River system; or

(D)	give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system;

(f)

a meeting of the General Regulatory Sandbox Program Advisory Committee if:

(i)	the purpose of the meeting is to discuss an application for participation in the regulatory sandbox as defined in Section 63N-16-102; and

(ii)	failing to close the meeting would reveal the contents of a record classified as protected under Subsection 63G-2-305(82);

(g)

a meeting of a project entity if:

(i)

the purpose of the meeting is to conduct a strategy session to discuss market conditions relevant to a business decision regarding the value of a project entity asset if the terms of the business decision are publicly disclosed before the decision is finalized and a public discussion would:

(A)	disclose the appraisal or estimated value of the project entity asset under consideration; or

(B)	prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset;

(ii)	the purpose of the meeting is to discuss a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity;

(iii)

the purpose of the meeting is to discuss a business decision, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity; or

(iv)	failing to close the meeting would prevent the project entity from getting the best price on the market;

(h)

a meeting of the General Oversight Committee to review and discuss:

(i)	an individual child welfare case as described in Subsection 36-35-102(3)(c); or

(ii)	information that is subject to a confidentiality agreement as described in Subsection 36-35-102(3)(c); and

(i)	a meeting of the Legislative Management Committee to discuss a notice from the Office of the Attorney General provided in accordance with Section 63J-1-1005.

(3)

In a closed meeting, a public body may not:

(a)	interview a person applying to fill an elected position;

(b)	discuss filling a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; or

(c)	discuss the character, professional competence, or physical or mental health of the person whose name was submitted for consideration to fill a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office.

Amended by Chapter 207, 2026 General Session

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