H.B. 226

1

CLOSED MEETING AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 52, Chapter 4, Open and Public Meetings Act.
10 Highlighted Provisions:
11 This bill:
12 . authorizes a public body to close a meeting to discuss legislative action by the
13 public body if conducting the discussion in a closed meeting is preferable to
14 conducting the discussion in an open meeting; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 52-4-205, as last amended by Laws of Utah 2011, Chapters 46 and 334
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 52-4-205 is amended to read:
26 52-4-205. Purposes of closed meetings.
27 (1) A closed meeting described under Section 52-4-204 may only be held for:

28 (a) discussion of the character, professional competence, or physical or mental health
29 of an individual;
30 (b) strategy sessions to discuss collective bargaining;
31 (c) strategy sessions to discuss pending or reasonably imminent litigation;
32 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
33 including any form of a water right or water shares, if public discussion of the transaction
34 would:
35 (i) disclose the appraisal or estimated value of the property under consideration; or
36 (ii) prevent the public body from completing the transaction on the best possible 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 terms;
42 (ii) the public body previously gave public notice that the property would be offered for
43 sale; and
44 (iii) the terms of the sale are publicly disclosed before the public body approves the
45 sale;
46 (f) discussion regarding deployment of security personnel, devices, or systems;
47 (g) investigative proceedings regarding allegations of criminal misconduct;
48 (h) as relates to the Independent Legislative Ethics Commission, conducting business
49 relating to the receipt or review of ethics complaints;
50 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
51 Subsection 52-4-204 (1)(a)(iii)(B);
52 (j) as relates to a county legislative body, discussing commercial information as
53 defined in Section 59-1-404 ;
54 (k) as relates to the Alcoholic Beverage Control Commission issuing a retail license
55 under Title 32B, Alcoholic Beverage Control Act, after receiving public input in a public
56 meeting in support or opposition to the commission issuing the retail license, discussing one or
57 more of the following factors in a closed meeting:
58 (i) a factor the commission is required to consider under Section 32B-5-203 or that is

59 specified in the relevant part under Title 32B, Chapter 6, Specific Retail License Act, for the
60 type of retail license at issue;
61 (ii) the availability of a retail license under a quota;
62 (iii) the length of time the applicant has waited for a retail license;
63 (iv) an opening date for the applicant;
64 (v) whether the applicant is a seasonal business;
65 (vi) whether the location of the applicant has been previously licensed or is a new
66 location;
67 (vii) whether the application involves a change of ownership of an existing location;
68 (viii) whether the applicant holds other alcohol licenses at any location;
69 (ix) whether the applicant has a violation history or a pending violation;
70 (x) projected alcohol sales for the applicant as it relates to the extent to which the retail
71 license will be used;
72 (xi) whether the applicant is a small or entrepreneurial business that would benefit the
73 community in which it would be located;
74 (xii) the nature of entertainment the applicant proposes; or
75 (xiii) public input in support or opposition to granting the retail license;
76 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
77 board of directors, discussing fiduciary or commercial information as defined in Section
78 53B-12-102 ; [or]
79 (m) discussion of legislative action by a public body, whether the legislative action is
80 pending, proposed, potential, or previously-passed, if the public body believes that conducting
81 the discussion in a closed meeting is preferable to conducting the discussion in an open
82 meeting; or
83 [(m)] (n) a purpose for which a meeting is required to be closed under Subsection (2).
84 (2) The following meetings shall be closed:
85 (a) a meeting of the Health and Human Services Interim Committee to review a fatality
86 review report described in Subsection 62A-16-301 (1)(a), and the responses to the report
87 described in Subsections 62A-16-301 (2) and (4); and
88 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
89 (i) review a fatality review report described in Subsection 62A-16-301 (1)(a), and the

90 responses to the report described in Subsections 62A-16-301 (2) and (4); or
91 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207 (5).
92 (3) A public body may not interview a person applying to fill an elected position in a
93 closed meeting.




Legislative Review Note
as of 1-26-12 11:10 AM

Office of Legislative Research and General Counsel