This document includes House Committee Amendments incorporated into the bill on Mon, Feb 4, 2019 at 10:40 AM by ngarrow.
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8 LONG TITLE
9 Committee Note:
10 The Political Subdivisions Interim Committee recommended this bill.
11 General Description:
12 This bill amends Title 52, Chapter 4, Open and Public Meetings Act.
13 Highlighted Provisions:
14 This bill:
15 ▸ allows a governmental nonprofit corporation to close a meeting to discuss a trade
16 secret in certain circumstances; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 52-4-205, as last amended by Laws of Utah 2014, Chapter 196
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 52-4-205 is amended to read:
28 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
29 meetings.
30 (1) A closed meeting described under Section 52-4-204 may only be held for:
31 (a) except as provided in Subsection (3), discussion of the character, professional
32 competence, or physical or mental health of an individual;
33 (b) strategy sessions to discuss collective bargaining;
34 (c) strategy sessions to discuss pending or reasonably imminent litigation;
35 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
36 including any form of a water right or water shares, if public discussion of the transaction
37 would:
38 (i) disclose the appraisal or estimated value of the property under consideration; or
39 (ii) prevent the public body from completing the transaction on the best possible terms;
40 (e) strategy sessions to discuss the sale of real property, including any form of a water
41 right or water shares, if:
42 (i) public discussion of the transaction would:
43 (A) disclose the appraisal or estimated value of the property under consideration; or
44 (B) prevent the public body from completing the transaction on the best possible terms;
45 (ii) the public body previously gave public notice that the property would be offered for
46 sale; and
47 (iii) the terms of the sale are publicly disclosed before the public body approves the
48 sale;
49 (f) discussion regarding deployment of security personnel, devices, or systems;
50 (g) investigative proceedings regarding allegations of criminal misconduct;
51 (h) as relates to the Independent Legislative Ethics Commission, conducting business
52 relating to the receipt or review of ethics complaints;
53 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
54 Subsection 52-4-204(1)(a)(iii)(C);
55 (j) as relates to the Independent Executive Branch Ethics Commission created in
56 Section 63A-14-202, conducting business relating to an ethics complaint;
57 (k) as relates to a county legislative body, discussing commercial information as
58 defined in Section 59-1-404;
59 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
60 board of directors, discussing fiduciary or commercial information as defined in Section
61 53B-12-102;
62 (m) deliberations, not including any information gathering activities, of a public body
63 acting in the capacity of:
64 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
65 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
66 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
67 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
68 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
69 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
70 Procurement Appeals Board;
71 (n) the purpose of considering information that is designated as a trade secret, as
72 defined in Section 13-24-2, if the public body's consideration of the information is necessary in
73 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
74 (o) the purpose of discussing information provided to the public body during the
75 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
76 the meeting:
77 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
78 disclosed to a member of the public or to a participant in the procurement process; and
79 (ii) the public body needs to review or discuss the information in order to properly
80 fulfill its role and responsibilities in the procurement process; [
81 (p) as relates to the governing board of a governmental nonprofit corporation, as that
82 term is defined in Section 11-13a-102, Ĥ→ [
83 designated as a trade secret, as that term is defined in Section 13-24-2, if:
84 (i) public knowledge of the discussion would reasonably be expected to result in injury
85 to the owner of the trade secret; and
86 (ii) discussion of the information is necessary for the governing board to properly
87 discharge the board's duties and conduct the board's business; or
88 [
89 (2) The following meetings shall be closed:
90 (a) a meeting of the Health and Human Services Interim Committee to review a fatality
91 review report described in Subsection 62A-16-301(1)(a), and the responses to the report
92 described in Subsections 62A-16-301(2) and (4);
93 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
94 (i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the
95 responses to the report described in Subsections 62A-16-301(2) and (4); or
96 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);
97 and
98 (c) a meeting of a conservation district as defined in Section 17D-3-102 for the purpose
99 of advising the Natural Resource Conservation Service of the United States Department of
100 Agriculture on a farm improvement project if the discussed information is protected
101 information under federal law.
102 (3) In a closed meeting, a public body may not:
103 (a) interview a person applying to fill an elected position;
104 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
105 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
106 or
107 (c) discuss the character, professional competence, or physical or mental health of the
108 person whose name was submitted for consideration to fill a midterm vacancy or temporary
109 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
110 Temporary Absence in Elected Office.