Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                         S.B. 195
Approved for Filing: P. Owen 6                               st
                                                                   1 Sub. (Green)
          6 02-17-24 7:08 PM 6
                        Senator Daniel McCay proposes the following substitute bill:
                             GOLF COURSE AMENDMENTS
                                    2024 GENERAL SESSION
                                         STATE OF UTAH
                                Chief Sponsor: Daniel McCay
                                House Sponsor: ____________
 6
 LONG TITLE
 General Description:
       This bill addresses water use by and management of golf courses.
 Highlighted Provisions:
       This bill:
       < makes water data regarding golf courses a protected record under Government
 Records Access and Management Act;
       < defines terms;
       < requires a study of water use by golf courses;
       < outlines process to be followed in conducting and reporting on the study;
       < creates an advisory board related to golf that is subject to a sunset date; and
       < makes technical and conforming changes.
 Money Appropriated in this Bill:
       None                                                                                1 stSub. S.B. 195
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
     *SB0195S01*
       1st Sub. (Green) S.B. 195                                                   02-17-24 7:08 PM
        63I-1-279, as last amended by Laws of Utah 2023, Chapter 211
        79-2-201, as last amended by Laws of Utah 2023, Chapters 34, 205
 ENACTS:
        79-4-207, Utah Code Annotated 1953
30
 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
 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
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       02-17-24 7:08 PM                                                       1st Sub. (Green) S.B. 195
 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
           (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
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        1st Sub. (Green) S.B. 195                                                     02-17-24 7:08 PM
 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
 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
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        02-17-24 7:08 PM                                                    1st Sub. (Green) S.B. 195
 individual;
         (12) records the disclosure of which would jeopardize the security of governmental
 property, governmental programs, or governmental recordkeeping systems from damage, theft,
 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 Health and 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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        1st Sub. (Green) S.B. 195                                                    02-17-24 7:08 PM
 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
 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
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        02-17-24 7:08 PM                                                    1st Sub. (Green) S.B. 195
 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,
 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
 recommendations in these areas;
         (31) records provided by the United States or by a government entity outside the state
 that are given to the governmental entity with a requirement that they be managed as protected
 records if the providing entity certifies that the record would not be subject to public disclosure
 if retained by it;
         (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
 public body except as provided in Section 52-4-206;
         (33) records that would reveal the contents of settlement negotiations but not including
 final settlements or empirical data to the extent that they are not otherwise exempt from
 disclosure;
         (34) memoranda prepared by staff and used in the decision-making process by an
 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
 other body charged by law with performing a quasi-judicial function;
         (35) records that would reveal negotiations regarding assistance or incentives offered
 by or requested from a governmental entity for the purpose of encouraging a person to expand
 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
 person or place the governmental entity at a competitive disadvantage, but this section may not
 be used to restrict access to a record evidencing a final contract;
         (36) materials to which access must be limited for purposes of securing or maintaining
 the governmental entity's proprietary protection of intellectual property rights including patents,
 copyrights, and trade secrets;
         (37) the name of a donor or a prospective donor to a governmental entity, including an
 institution within the state system of higher education defined in Section 53B-1-102, and other
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        1st Sub. (Green) S.B. 195                                                    02-17-24 7:08 PM
 information concerning the donation that could reasonably be expected to reveal the identity of
 the donor, provided that:
        (a) the donor requests anonymity in writing;
        (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
 classified protected by the governmental entity under this Subsection (37); and
        (c) except for an institution within the state system of higher education defined in
 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
 over the donor, a member of the donor's immediate family, or any entity owned or controlled
 by the donor or the donor's immediate family;
        (38) accident reports, except as provided in Sections