Bill Summary – FastDemocracy

Enrolled Copy                                                                      H.B. 491
                 AMENDMENTS RELATED TO THE GREAT SALT LAKE
                                         2023 GENERAL SESSION
                                            STATE OF UTAH
                                    Chief Sponsor: Mike Schultz
                                   Senate Sponsor: Scott D. Sandall
 6
 LONG TITLE
 General Description:
        This bill addresses issues related to the Great Salt Lake.
 Highlighted Provisions:
        This bill:
        < enacts the Great Salt Lake Commissioner Act, including:
            C    defining terms;
            C    providing for the appointment of the commissioner;
            C    addressing duties and authorizations of the commissioner;
            C    addressing relationships with other state agencies;
            C    addressing the strategic plan;
            C    creating the Office of the Great Salt Lake Commissioner;
            C    addressing the Great Salt Lake Advisory Council; and
            C    addressing the Great Salt Lake Account;
        < provides for protected records;
        < provides that the Department of Natural Resources will provide facilities to the
 commissioner and office;
        < addresses the Division of Forestry, Fire, and State Lands;
        < modifies provisions related to ongoing administration of water trust provisions;
        < addresses the compensation of the commissioner;
        < expands the Board of Water Resources to include an individual who represents the
 interests of the Great Salt Lake; and
        < makes technical and conforming changes.
      H.B. 491                                                                     Enrolled Copy
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
        < to the General Fund Restricted - Great Salt Lake Account, as an ongoing
 appropriation:
            C     from General Fund, $2,500,000;
        < to the General Fund Restricted - Great Salt Lake Account, as a one-time
 appropriation:
            C     from General Fund, One-time, $10,000,000;
        < to the Office of the Great Salt Lake Commissioner - Great Salt Lake Commissioner,
 as an ongoing appropriation:
            C     from General Fund Restricted - Great Salt Lake Account, $1,500,000; and
        < to the Office of the Great Salt Lake Commissioner - Great Salt Lake Commissioner,
 as a one-time appropriation:
            C     from General Fund Restricted - Great Salt Lake Account, One-time, $1,000,000.
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        63G-2-305, as last amended by Laws of Utah 2022, Chapters 11, 109, 198, 201, 303,
 335, 388, 391, and 415
        63I-1-273, as last amended by Laws of Utah 2022, Chapters 68, 79
        65A-5-1, as last amended by Laws of Utah 2022, Chapter 54
        65A-10-1, as last amended by Laws of Utah 2011, Chapter 256
        65A-10-8, as last amended by Laws of Utah 2022, Chapter 78
        65A-16-101, as enacted by Laws of Utah 2022, Chapter 78
        65A-16-202, as enacted by Laws of Utah 2022, Chapter 78
        65A-16-301, as enacted by Laws of Utah 2022, Chapter 78
        67-22-2, as last amended by Laws of Utah 2022, Chapter 447
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       Enrolled Copy                                                                         H.B. 491
        73-10-2, as last amended by Laws of Utah 2020, Chapters 352, 373
        79-2-201, as last amended by Laws of Utah 2022, Chapter 68
        79-2-205, as renumbered and amended by Laws of Utah 2009, Chapter 344
 ENACTS:
        73-32-101, Utah Code Annotated 1953
        73-32-201, Utah Code Annotated 1953
        73-32-202, Utah Code Annotated 1953
        73-32-203, Utah Code Annotated 1953
        73-32-204, Utah Code Annotated 1953
        73-32-301, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        73-32-302, (Renumbered from 73-30-201, as last amended by Laws of Utah 2020,
 Chapter 352)
        73-32-303, (Renumbered from 73-30-202, as last amended by Laws of Utah 2012,
 Chapter 242)
        73-32-304, (Renumbered from 65A-5-1.5, as enacted by Laws of Utah 2022, Chapter
 54)
 REPEALS:
        73-30-101, as enacted by Laws of Utah 2010, Chapter 141
        73-30-102, as enacted by Laws of Utah 2010, Chapter 141
78
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63G-2-305 is amended to read:
        63G-2-305. Protected records.
        The following records are protected if properly classified by a governmental entity:
        (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
 has provided the governmental entity with the information specified in Section 63G-2-309;
        (2) commercial information or nonindividual financial information obtained from a
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        H.B. 491                                                                         Enrolled Copy
 person if:
        (a) disclosure of the information could reasonably be expected to result in unfair
 competitive injury to the person submitting the information or would impair the ability of the
 governmental entity to obtain necessary information in the future;
        (b) the person submitting the information has a greater interest in prohibiting access
 than the public in obtaining access; and
        (c) the person submitting the information has provided the governmental entity with
 the information specified in Section 63G-2-309;
        (3) commercial or financial information acquired or prepared by a governmental entity
 to the extent that disclosure would lead to financial speculations in currencies, securities, or
 commodities that will interfere with a planned transaction by the governmental entity or cause
 substantial financial injury to the governmental entity or state economy;
        (4) records, the disclosure of which could cause commercial injury to, or confer a
 competitive advantage upon a potential or actual competitor of, a commercial project entity as
 defined in Subsection 11-13-103(4);
        (5) test questions and answers to be used in future license, certification, registration,
 employment, or academic examinations;
        (6) records, the disclosure of which would impair governmental procurement
 proceedings or give an unfair advantage to any person proposing to enter into a contract or
 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
 Subsection (6) does not restrict the right of a person to have access to, after the contract or
 grant has been awarded and signed by all parties:
        (a) a bid, proposal, application, or other information submitted to or by a governmental
 entity in response to:
        (i) an invitation for bids;
        (ii) a request for proposals;
        (iii) a request for quotes;
        (iv) a grant; or
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        Enrolled Copy                                                                               H.B. 491
           (v) other similar document; or
           (b) an unsolicited proposal, as defined in Section 63G-6a-712;
           (7) information submitted to or by a governmental entity in response to a request for
 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
 the right of a person to have access to the information, after:
           (a) a contract directly relating to the subject of the request for information has been
 awarded and signed by all parties; or
           (b) (i) a final determination is made not to enter into a contract that relates to the
 subject of the request for information; and
           (ii) at least two years have passed after the day on which the request for information is
 issued;
           (8) records that would identify real property or the appraisal or estimated value of real
 or personal property, including intellectual property, under consideration for public acquisition
 before any rights to the property are acquired unless:
           (a) public interest in obtaining access to the information is greater than or equal to the
 governmental entity's need to acquire the property on the best terms possible;
           (b) the information has already been disclosed to persons not employed by or under a
 duty of confidentiality to the entity;
           (c) in the case of records that would identify property, potential sellers of the described
 property have already learned of the governmental entity's plans to acquire the property;
           (d) in the case of records that would identify the appraisal or estimated value of
 property, the potential sellers have already learned of the governmental entity's estimated value
 of the property; or
           (e) the property under consideration for public acquisition is a single family residence
 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
 the property as required under Section 78B-6-505;
           (9) records prepared in contemplation of sale, exchange, lease, rental, or other
 compensated transaction of real or personal property including intellectual property, which, if
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        H.B. 491                                                                          Enrolled Copy
 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
 of the subject property, unless:
        (a) the public interest in access is greater than or equal to the interests in restricting
 access, including the governmental entity's interest in maximizing the financial benefit of the
 transaction; or
        (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
 the value of the subject property have already been disclosed to persons not employed by or
 under a duty of confidentiality to the entity;
        (10) records created or maintained for civil, criminal, or administrative enforcement
 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
 release of the records:
        (a) reasonably could be expected to interfere with investigations undertaken for
 enforcement, discipline, licensing, certification, or registration purposes;
        (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
 proceedings;
        (c) would create a danger of depriving a person of a right to a fair trial or impartial
 hearing;
        (d) reasonably could be expected to disclose the identity of a source who is not
 generally known outside of government and, in the case of a record compiled in the course of
 an investigation, disclose information furnished by a source not generally known outside of
 government if disclosure would compromise the source; or
        (e) reasonably could be expected to disclose investigative or audit techniques,
 procedures, policies, or orders not generally known outside of government if disclosure would
 interfere with enforcement or audit efforts;
        (11) records the disclosure of which would jeopardize the life or safety of an
 individual;
        (12) records the disclosure of which would jeopardize the security of governmental
 property, governmental programs, or governmental recordkeeping systems from damage, theft,
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        Enrolled Copy                                                                            H.B. 491
 or other appropriation or use contrary to law or public policy;
         (13) records that, if disclosed, would jeopardize the security or safety of a correctional
 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
         (14) records that, if disclosed, would reveal recommendations made to the Board of
 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
 Board of Pardons and Parole, or the Department of Human Services that are based on the
 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
 jurisdiction;
         (15) records and audit workpapers that identify audit, collection, and operational
 procedures and methods used by the State Tax Commission, if disclosure would interfere with
 audits or collections;
         (16) records of a governmental audit agency relating to an ongoing or planned audit
 until the final audit is released;
         (17) records that are subject to the attorney client privilege;
         (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
 quasi-judicial, or administrative proceeding;
         (19) (a) (i) personal files of a state legislator, including personal correspondence to or
 from a member of the Legislature; and
         (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
 legislative action or policy may not be classified as protected under this section; and
         (b) (i) an internal communication that is part of the deliberative process in connection
 with the preparation of legislation between:
         (A) members of a legislative body;
         (B) a member of a legislative body and a member of the legislative body's staff; or
         (C) members of a legislative body's staff; and
         (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
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        H.B. 491                                                                          Enrolled Copy
 legislative action or policy may not be classified as protected under this section;
        (20) (a) records in the custody or control of the Office of Legislative Research and
 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
 legislation or contemplated course of action before the legislator has elected to support the
 legislation or course of action, or made the legislation or course of action public; and
        (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
 Office of Legislative Research and General Counsel is a public document unless a legislator
 asks that the records requesting the legislation be maintained as protected records until such
 time as the legislator elects to make the legislation or course of action public;
        (21) research requests from legislators to the Office of Legislative Research and
 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
 in response to these requests;
        (22) drafts, unless otherwise classified as public;
        (23) records concerning a governmental entity's strategy about:
        (a) collective bargaining; or
        (b) imminent or pending litigation;
        (24) records of investigations of loss occurrences and analyses of loss occurrences that
 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
 Uninsured Employers' Fund, or similar divisions in other governmental entities;
        (25) records, other than personnel evaluations, that contain a personal recommendation
 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
 personal privacy, or disclosure is not in the public interest;
        (26) records that reveal the location of historic, prehistoric, paleontological, or
 biological resources that if known would jeopardize the security of those resources or of
 valuable historic, scientific, educational, or cultural information;
        (27) records of independent state agencies if the disclosure of the records would
 conflict with the fiduciary obligations of the agency;
        (28) records of an institution within the state system of higher education defined in
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        Enrolled Copy                                                                            H.B. 491
 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
 retention decisions, and promotions, which could be properly discussed in a meeting closed in
 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
 the final decisions about tenure, appointments, retention, promotions, or those students
 admitted, may not be classified as protected under this section;
         (29) records of the governor's office, including budget recommendations, legislative
 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
 policies or contemplated courses of action before the governor has implemented or rejected
 those policies or courses of action or made them public;
         (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,<