<section number="52-4-205"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">207</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Purposes of closed meetings -- Certain issues prohibited in closed meetings.</catchline><subsection number="52-4-205(1)">A closed meeting described under Section <xref depth="3" refnumber="52-4-204">52-4-204</xref> may only be held for:<subsection number="52-4-205(1)(a)">except as provided in Subsection <xref depth="4" refnumber="52-4-205(3)">(3)</xref>, discussion of the character, professional competence, or physical or mental health of an individual;</subsection><subsection number="52-4-205(1)(b)">strategy sessions to discuss collective bargaining;</subsection><subsection number="52-4-205(1)(c)">strategy sessions to discuss pending or reasonably imminent litigation;</subsection><subsection number="52-4-205(1)(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:<subsection number="52-4-205(1)(d)(i)">disclose the appraisal or estimated value of the property under consideration; or</subsection><subsection number="52-4-205(1)(d)(ii)">prevent the public body from completing the transaction on the best possible terms;</subsection></subsection><subsection number="52-4-205(1)(e)">strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if:<subsection number="52-4-205(1)(e)(i)">public discussion of the transaction would:<subsection number="52-4-205(1)(e)(i)(A)">disclose the appraisal or estimated value of the property under consideration; or</subsection><subsection number="52-4-205(1)(e)(i)(B)">prevent the public body from completing the transaction on the best possible terms;</subsection></subsection><subsection number="52-4-205(1)(e)(ii)">the public body previously gave public notice that the property would be offered for sale; and</subsection><subsection number="52-4-205(1)(e)(iii)">the terms of the sale are publicly disclosed before the public body approves the sale;</subsection></subsection><subsection number="52-4-205(1)(f)">discussion regarding deployment of security personnel, devices, or systems;</subsection><subsection number="52-4-205(1)(g)">investigative proceedings regarding allegations of criminal misconduct;</subsection><subsection number="52-4-205(1)(h)">as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints;</subsection><subsection number="52-4-205(1)(i)">as relates to an ethics committee of the Legislature, a purpose permitted under Section <xref depth="3" refnumber="52-4-204">52-4-204</xref>;</subsection><subsection number="52-4-205(1)(j)">as relates to the Independent Executive Branch Ethics Commission created in Section <xref depth="3" refnumber="63A-14-202">63A-14-202</xref>, conducting business relating to an ethics complaint;</subsection><subsection number="52-4-205(1)(k)">as relates to a county legislative body, discussing commercial information as defined in Section <xref depth="3" refnumber="59-1-404">59-1-404</xref>;</subsection><subsection number="52-4-205(1)(l)">as relates to the Utah Higher Education Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information;</subsection><subsection number="52-4-205(1)(m)">deliberations, not including any information gathering activities, of a public body acting in the capacity of:<subsection number="52-4-205(1)(m)(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 <xref depth="3" refnumber="63G-6a-103">63G-6a-103</xref>;</subsection><subsection number="52-4-205(1)(m)(ii)">a protest officer, defined in Section <xref depth="3" refnumber="63G-6a-103">63G-6a-103</xref>, during the process of making a decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or</subsection><subsection number="52-4-205(1)(m)(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;</subsection></subsection><subsection number="52-4-205(1)(n)">the purpose of considering information that is designated as a trade secret, as defined in Section <xref depth="3" refnumber="13-24-2">13-24-2</xref>, if the public body's consideration of the information is necessary to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;</subsection><subsection number="52-4-205(1)(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:<subsection number="52-4-205(1)(o)(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</subsection><subsection number="52-4-205(1)(o)(ii)">the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process;</subsection></subsection><subsection number="52-4-205(1)(p)">as relates to the governing board of a governmental nonprofit corporation, as that term is defined in Section <xref depth="3" refnumber="11-13a-102">11-13a-102</xref>, the purpose of discussing information that is designated as a trade secret, as that term is defined in Section <xref depth="3" refnumber="13-24-2">13-24-2</xref>, if:<subsection number="52-4-205(1)(p)(i)">public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and</subsection><subsection number="52-4-205(1)(p)(ii)">discussion of the information is necessary for the governing board to properly discharge the board's duties and conduct the board's business;</subsection></subsection><subsection number="52-4-205(1)(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;</subsection><subsection number="52-4-205(1)(r)">considering a loan application, if public discussion of the loan application would disclose:<subsection number="52-4-205(1)(r)(i)">nonpublic personal financial information; or</subsection><subsection number="52-4-205(1)(r)(ii)">a nonpublic trade secret, as defined in Section <xref depth="3" refnumber="13-24-2">13-24-2</xref>, 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;</subsection></subsection><subsection number="52-4-205(1)(s)">a discussion of the board of the Point of the Mountain State Land Authority, created in Section <xref depth="3" refnumber="11-59-201">11-59-201</xref>, regarding a potential tenant of point of the mountain state land, as defined in Section <xref depth="3" refnumber="11-59-102">11-59-102</xref>; </subsection><subsection number="52-4-205(1)(t)">as it relates to the General Oversight Committee, discussing matters subject to litigation and whistleblower complaints as described in Subsection <xref depth="4" refnumber="36-35-102.5(3)">36-35-102.5(3)</xref>;</subsection><subsection number="52-4-205(1)(u)">a purpose for which a meeting is required to be closed under Subsection <xref depth="4" refnumber="52-4-205(2)">(2)</xref>; or</subsection><subsection number="52-4-205(1)(v)">as it relates to the Spaceport Exploration Committee created in Section <xref depth="3" refnumber="72-10-1302">72-10-1302</xref>, discussion of the committee with industry experts for the purpose of considering information that is designated as a trade secret, as defined in Section <xref depth="3" refnumber="13-24-2">13-24-2</xref>.</subsection></subsection><subsection number="52-4-205(2)">The following meetings shall be closed:<subsection number="52-4-205(2)(a)">a meeting of the Health and Human Services Interim Committee to review a report described in Subsection <xref depth="4" refnumber="26B-1-506(1)(a)">26B-1-506(1)(a)</xref>, and a response to the report described in Subsection <xref depth="4" refnumber="26B-1-506(2)">26B-1-506(2)</xref>;</subsection><subsection number="52-4-205(2)(b)">a meeting of the Child Welfare Legislative Oversight Panel to:<subsection number="52-4-205(2)(b)(i)">review a report described in Subsection <xref depth="4" refnumber="26B-1-506(1)(a)">26B-1-506(1)(a)</xref>, and a response to the report described in Subsection <xref depth="4" refnumber="26B-1-506(2)">26B-1-506(2)</xref>; or</subsection><subsection number="52-4-205(2)(b)(ii)">review and discuss an individual case, as described in Section <xref depth="3" refnumber="36-33-103">36-33-103</xref>;</subsection></subsection><subsection number="52-4-205(2)(c)">a meeting of a conservation district as defined in Section <xref depth="3" refnumber="17D-3-102">17D-3-102</xref> 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;</subsection><subsection number="52-4-205(2)(d)">a meeting of the Compassionate Use Board established in Section <xref depth="3" refnumber="4-41a-112">4-41a-112</xref> for the purpose of reviewing petitions for a medical cannabis card in accordance with Section <xref depth="3" refnumber="26B-1-421">26B-1-421</xref>;</subsection><subsection number="52-4-205(2)(e)">a meeting of the Colorado River Authority of Utah if:<subsection number="52-4-205(2)(e)(i)">the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and</subsection><subsection number="52-4-205(2)(e)(ii)">failing to close the meeting would:<subsection number="52-4-205(2)(e)(ii)(A)">reveal the contents of a record classified as protected under Subsection <xref depth="4" refnumber="63G-2-305(81)">63G-2-305(81)</xref>;</subsection><subsection number="52-4-205(2)(e)(ii)(B)">reveal a legal strategy relating to the state's claim to the use of the water in the Colorado River system;</subsection><subsection number="52-4-205(2)(e)(ii)(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</subsection><subsection number="52-4-205(2)(e)(ii)(D)">give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system;</subsection></subsection></subsection><subsection number="52-4-205(2)(f)">a meeting of the General Regulatory Sandbox Program Advisory Committee if:<subsection number="52-4-205(2)(f)(i)">the purpose of the meeting is to discuss an application for participation in the regulatory sandbox as defined in Section <xref depth="3" refnumber="63N-16-102">63N-16-102</xref>; and</subsection><subsection number="52-4-205(2)(f)(ii)">failing to close the meeting would reveal the contents of a record classified as protected under Subsection <xref depth="4" refnumber="63G-2-305(82)">63G-2-305(82)</xref>;</subsection></subsection><subsection number="52-4-205(2)(g)">a meeting of a project entity if:<subsection number="52-4-205(2)(g)(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:<subsection number="52-4-205(2)(g)(i)(A)">disclose the appraisal or estimated value of the project entity asset under consideration; or</subsection><subsection number="52-4-205(2)(g)(i)(B)">prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset;</subsection></subsection><subsection number="52-4-205(2)(g)(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;</subsection><subsection number="52-4-205(2)(g)(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</subsection><subsection number="52-4-205(2)(g)(iv)">failing to close the meeting would prevent the project entity from getting the best price on the market;</subsection></subsection><subsection number="52-4-205(2)(h)">a meeting of the General Oversight Committee to review and discuss:<subsection number="52-4-205(2)(h)(i)">an individual child welfare case as described in Subsection <xref depth="4" refnumber="36-35-102(3)(c)">36-35-102(3)(c)</xref>; or</subsection><subsection number="52-4-205(2)(h)(ii)">information that is subject to a confidentiality agreement as described in Subsection <xref depth="4" refnumber="36-35-102(3)(c)">36-35-102(3)(c)</xref>; and</subsection></subsection><subsection number="52-4-205(2)(i)">a meeting of the Legislative Management Committee to discuss a notice from the Office of the Attorney General provided in accordance with Section <xref depth="3" refnumber="63J-1-1005">63J-1-1005</xref>.</subsection></subsection><subsection number="52-4-205(3)">In a closed meeting, a public body may not:<subsection number="52-4-205(3)(a)">interview a person applying to fill an elected position;</subsection><subsection number="52-4-205(3)(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</subsection><subsection number="52-4-205(3)(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.</subsection></subsection></section>