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H.B. 33
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AUTHORIZATION TO CLOSE A MEETING
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Greg J. Curtis
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LONG TITLE
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General Description:
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This bill amends the Open and Public Meetings law to expand the purposes of closing a
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meeting.
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Highlighted Provisions:
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This bill:
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. amends open and public meetings law to allow the records committee of the
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executive, legislative, or judicial branch to have an in camera review of a record that
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is not public.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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52-4-5, as last amended by Chapter 89, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
52-4-5
is amended to read:
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52-4-5. Purposes of closed meetings -- Chance meetings and social meetings
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excluded -- Disruption of meetings.
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(1) (a) A closed meeting may be held pursuant to Section
52-4-4
for any of the
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following purposes:
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(i) discussion of the character, professional competence, or physical or mental health of
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an individual;
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(ii) strategy sessions to discuss collective bargaining;
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(iii) strategy sessions to discuss pending or reasonably imminent litigation; [or]
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(iv) strategy sessions to discuss the purchase, exchange, or lease of real property when
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public discussion of the transaction would disclose the appraisal or estimated value of the
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property under consideration or prevent the public body from completing the transaction on the
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best possible terms;
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(v) strategy sessions to discuss the sale of real property when:
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(A) public discussion of the transaction would disclose the appraisal or estimated value
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of the property under consideration or prevent the public body from completing the transaction
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on the best possible terms;
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(B) the public body had previously given public notice that the property would be
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offered for sale; and
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(C) the terms of the sale are publicly disclosed before the public body approves the
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sale;
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(vi) discussion regarding deployment of security personnel, devices, or systems; [and]
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(vii) investigative proceedings regarding allegations of criminal misconduct[.]; and
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(viii) review and discuss a record, as defined in Section
63-2-103
, by a records
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committee of the executive, legislative, or judicial branch to determine:
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(A) whether the record was properly classified as not public under Subsection
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63-2-201
(3); and
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(B) if the record was properly classified, whether the public interest favoring access
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outweighs the interest favoring restriction of access to a record that is not public under
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Subsection
63-2-201
(3).
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(b) A public body may not interview a person applying to fill an elected position in a
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closed meeting.
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(c) Nothing in this section may be construed to require any public body to approve the
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purchase, sale, exchange, or lease of real property if that public body is not required to approve
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the purchase, sale, exchange, or lease of real property under other laws.
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(2) This chapter shall not apply to any chance meeting or a social meeting. No chance
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meeting or social meeting shall be used to circumvent this chapter.
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(3) This chapter shall not prohibit the removal of any person who willfully disrupts a
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meeting to the extent that orderly conduct is seriously compromised.
Legislative Review Note
as of 12-5-03 3:04 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Legislative Committee Note
as of 12-10-03 3:30 PM
The Legislative Management Committee recommended this bill.
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