H.B. 189 Enrolled

1

CLOSED MEETINGS AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrick Painter
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies when a closed meeting may be held under the Open and Public
10 Meetings Act.
11 Highlighted Provisions:
12 This bill:
13 . allows a closed meeting to be held to discuss the purchase, exchange, lease, or sale
14 of a water right or water shares.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 52-4-205, as renumbered and amended by Laws of Utah 2006, Chapter 14
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 52-4-205 is amended to read:
25 52-4-205. Purposes of closed meetings.
26 (1) A closed meeting described under Section 52-4-204 may only be held for:
27 (a) discussion of the character, professional competence, or physical or mental health
28 of an individual;
29 (b) strategy sessions to discuss collective bargaining;

30 (c) strategy sessions to discuss pending or reasonably imminent litigation;
31 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
32 including any form of a water right or water shares, if public discussion of the transaction
33 would:
34 (i) disclose the appraisal or estimated value of the property under consideration; or
35 (ii) prevent the public body from completing the transaction on the best possible
36 terms;
37 (e) strategy sessions to discuss the sale of real property, including any form of a water
38 right or water shares, if:
39 (i) public discussion of the transaction would:
40 (A) disclose the appraisal or estimated value of the property under consideration; or
41 (B) prevent the public body from completing the transaction on the best possible
42 terms;
43 (ii) the public body previously gave public notice that the property would be offered
44 for sale; and
45 (iii) the terms of the sale are publicly disclosed before the public body approves the
46 sale;
47 (f) discussion regarding deployment of security personnel, devices, or systems;
48 (g) investigative proceedings regarding allegations of criminal misconduct; and
49 (h) discussion by a county legislative body of commercial information as defined in
50 Section 59-1-404 .
51 (2) A public body may not interview a person applying to fill an elected position in a
52 closed meeting.