Jan. 29, 2010

Three bills which impact GRAMA and Utah’s Open and Public Meetings Act have emerged as key threats this week. A bill that would close down public employee salary information now has a number, HB266. Rep. Kraig Powell, R-Heber, wants to keep elected and appointed official salaries public, while only providing titles and ranges for salary information for other employees.

UPA testified Wednesday against a bill, HB60, that would close management plans for the state’s canal companies under GRAMA. The bill provides little public disclosure. Canal companies would voluntarily inspect their canals, provide a plan and then only “certify” that they have completed the plans.  Here’s a report from the Salt Lake Tribune.

Also, Rep. Patrick Painter, R-Nephi, is proposing and expansion of the closed meeting exception, HB189, for real property purchase, lease or sale. He wants to add “water rights” to the definition. Rep. Chris Herrod wants to improve GRAMA by requiring government entities to deny or approve records requests for citizens within five days.

UPA publishers are encouraged to call about these bills and raise concerns.

Numbered bills HB46 MOTOR VEHICLE AMENDMENTS

Sponsors: Rep. Julie Fisher, R-Fruit Heights

This bill would require Motor Vehicle Division to publish a notice of a sale of a motor vehicle that has been seized and has not been recovered on the division's website rather than in a newspaper of general statewide circulation. Vaughn Jacobsen with the Standard Examiner has been in contact with Rep. Fisher to discuss modifying this bill.

HB60 WATER CONVEYANCE FACILITIES SAFETY ACT

Sponsor: Rep. Fred Hunsaker, R-Logan

The bill would require canal companies to create a management plan to improve safety of Utah canals. Once the plan is completed the companies only have to “certify’ that the plan is complete and allow it to be reviewed by the state. The plans then become protected records under GRAMA. Joel Campbell of UPA and Allison Hess of SPJ met with Rep. Hunsaker Jan. 21. He said he may consider an alternate approach under existing law to protect records, but strongly believes the only way the canal companies will cooperate is if these plans remain protected documents.

HB222 LAND USE MEETING NOTICE

Sponsor: Rep. Trisha Beck, D-Sandy

This bill requires a longer notice (10 days) for changes in land use. UPA needs to work to keep newspapers in the bill and add the Utah Legal Notices Web site to the bill.

HB94 UNIFORM FISCAL PROCEDURES ACT AMENDMENTS FOR TOWNS, CITIES, AND COUNTIES AMENDMENTS Sponsor: Rep. Fred Hunsaker, R-Logan

The bill would require the governing body of a town to give public notice and hold a hearing before amending a budget or an enterprise fund. The notice would only be required on the Utah Public Notice Web Site not in newspapers.

HB96 LIBEL AMENDMENTS

Sponsor: Rep. Julie Fisher, R-Fruit Heights

This bill would limit the enforceability of foreign libel judgments.

SB89 LEGAL NOTICE AMENDMENTS

Sponsor: Sen. Steve Urquhart, R-St. George

This bill would require public notice in the newspaper on the Utah Public Notice Web Site relating to the adoption or modification of land use ordinances and an advertisement for bids publication requirement applicable to the Department of Transportation. This appears to be just a cleanup bill from last session.

HB266 GRAMA REVISIONS

Sponsor: Rep. Kraig Powell, R-Heber City

This bill would protect salary information of Utah public employees. Powell says that Wasatch County employees have complained to him that the Salt Lake Tribune database of public employee salaries causes hard feelings and disrupts government operations.

UNNUMBERED


GRAMA AMENDMENTS

Sponsor: Rep. Chris Herrod, R-Provo

Herrod says he wants government entities to respond within 5 days if they will not fill a citizen’s request for a record. This is based on his experience asking for a record from Salt Lake City.

HB189 CLOSED MEETING AMENDMENTS

Sponsor: Rep. Patrick Painter, R-Nephi

This bill would add “water rights” to the real property exemption in the Utah Open and Public Meetings Act.

Here is an analysis from Jeff Hunt:

This bill would add a new exception to the Open Meetings Act for strategy sessions to discuss the purchase, sales, exchange or lease of water rights or sources of water supply.  The rationale appears to be an assumption that Utah law treats all water rights as real property and therefore a public body’s discussions about water rights should be treated just like discussions about the purchase, sale or exchange of real property.

I am not an expert on water law, but my understanding of the law is that whether water rights may be considered as real property depending on the form they take.  Water rights that are appurtenant to real property transfer with a conveyance of the property whether mentioned in the deed or not.  Certificated stock in an irrigation company, however, is treated as personal property, not real property.  Such stock may be considered appurtenant to real property if that is what the parties to the transaction intended.

Beyond the legal technicalities, the bigger issue is that the bill will be to allow government to close to the public discussions concerning water rights.  This raises serious public policy concerns.  As you know, in a desert state like Utah, water is a critical public policy issue.  There is a currently a heated debate over water rights in the Snake Valley in western Utah.  The bill will allow any public bodies discussing that issue to close their discussions to the public.

It would be helpful to know what the critical need is for this bill.  Public bodies have been transacting business concerning water rights for more than 30 years now without needing an exception to the Open Meetings Act.  What is the compelling need for a new exception?  And does that perceived need outweigh the public’s need to know about what government is doing with our water?

UNNUMBERED CAMPAIGN FINANCE TRANSPARENCY AND REPORTING

Sponsor: Rep. Craig Frank, R-Cedar Hills

Rep. Frank proposes an online campaign finance data collection and sharing system.

UNNUMBERED RIGHT TO PRIVACY FOR CHILD VICTIMS

Sponsor: Rep. Lorie Fowlke, R-Orem

No more information.

HB248 GRAMA REVISIONS

Sponsor: Rep. John Dougall, R-Highland

Makes technical corrections. Jeff Hunt has reviewed and sees no problems with bill.

SALES AND USE TAX AMENDMENTS

Several bills related to sales and use taxes have been drafted or in drafting. These include bills from Harper, Bramble and Valentine. UPA will continue to monitor all of these bills.