HB 60 -- bill would close canal safety records

Tomorrow morning the House Natural Resources, Agriculture, and
Environment Standing Committee
http://le.utah.gov/~2010/agenda/HNAE0127.ag.htm
will consider a bill that would require canal companies to create a
management plan for their canals and then makes those plans protected
records under GRAMA. Specifically, the plans would be created to find
out hazards and other safety concerns with canals in the wake of the
canal collapses in Logan. We would ask you to call the following
committee members and ask them to keep these records public.

Below are two letters, one from Bruce Smith and the other from Allison
Hess, explaining why this bill hurts the public's right to know and
the public's ability to weigh the risks of canal safety in Utah. You
should know that UPA and SPJ met with the sponsor Rep. Hunsaker and
agree to disagree about making this information public.


Here's a link to the bill

http://le.utah.gov/~2010/bills/hbillint/hb0060.htm

Please call ASAP especially if you have any personal connections with
them. The number for the House is 801-528-1029.

Committee members

Rep. Roger E. Barrus, Chair
Rep. John G. Mathis, Vice Chair

Rep. Melvin R. Brown
Rep. Brad L. Dee
Rep. Jack R. Draxler
Rep. Kerry W. Gibson
Rep. James R. Gowans
Rep. Neal B. Hendrickson
Rep. Michael E. Noel
Rep. Patrick Painter
Rep. Phil Riesen
Rep. Christine F. Watkins
Rep. Ryan D. Wilcox
Rep. Bill Wright



Fred,

Your effort to protect the citizens of Utah by enhancing the
safety of the canal systems is commendable. However, I must tell you
that I think keeping the information about the safety of the canals
and the plans to correct the problems from the public is not the right
thing to do. As you know three people were killed in Logan last
summer as a result ot a canal problem. The public has a right to know
what the owners of the canal companies are going to do to insure that
a disaster like this doesn't happen again.

I might be missing something but I see no reason to keep the
information secret. Even though the canal companies are private
endities, what they do, or don't do has a huge impact on the public.
As you know canals run all through Cache Valley and the people who may
be impacted by what the canal compinies do have a right to know what
their plans are. Your bill should allow those plans to be made
public.

The argument that they are private, thus can keep their plans
secret isn't right especially if they are going to get tax payer help.
The canal companies have a history of wanting to keep things secret,
they think it's easier that way. However the public has a right to
know especially when public safety is a concern.

Your bill is an important one especially for the citizens of Cache
Valley. The people in Cache Valley have a right to know what hazards
are out there, and what the canal companies are going to do about it.

Your bill would be a much better bill and have a much greater
chance of passing if the public is brought into the debate. The
public would be better served if the information about canal owners
plans was allowed to be public information.

Bruce K. Smith
Publisher
The Herald Journal
P.O. Box 487
Logan, Utah 84321
bsmith@hjnews.com
435-752-2121

Dear Representative Hunsaker:

I am writing to you on behalf of the Utah Chapter of the Society of
Professional Journalists. We want you to know we applaud your efforts
to enhance the safety of Utah canals; however, we feel the best
protection for citizens comes when they have easy access to
information about the management and oversight of critical structures
that as we have seen could lead to death and damage.

We are very concerned about the language in your proposed canal
management safety bill, which forbids the state from disclosing the
plans under Utah’s Government Records Access Management Act.

In many instances, private entities' records are justifiably public,
particularly when they deal with public safety, health and money. For
example, most states make private security, private prison and private
hospital operators, particularly those which receive government
funding, subject to public records laws.

Many states require foundations that support university and schools to
open their records. Also, many states require private entities, which
receive tax dollars, for example, tourism groups, symphonies,
community chest, zoos, etc, make their records public. The federal
government also requires that all non--profit charities file yearly
public financial statements. Given
the history of this canal, public oversight is imperative.

We urge you to take the additional step in your legislation to promote
public safety, and make the information open to the public. It is not
only good public policy, it will create goodwill with citizens who
then feel as if they have input and information about structures will
have a significant impact on the community.

Please feel free to contact me. We would be pleased to discuss this
matter in person if you are willing.

Sincerely,

Allison Barlow Hess
President, Utah Headliners Chapter
Society of Professional Journalists