UPA Legislative Watch: January 2009

Wednesday, January 28, 2009

What we hear from the League about GRAMA changes

This was posted on the Utah League of Cities and Towns blog.

GRAMA:
As many cities have been experiencing problems associated with overwhelming records requests that are designed to harass rather than retrieve information, we are looking to amend the GRAMA laws to address harassment and ensure that those using such tactics pay the full cost of record retrieval. We are in the process of working the press and other interested parties to address this issue and will update you with language as soon as it is available. This request for legislation was made by the Salt Lake County Municipal Clerks and Recorders Association.

Tuesday, January 27, 2009

The Open Meeting Minutes bill is on the Senate Calendar

SB26 is now on the Senate's 2nd reading calendar. Because it was an interim committee bill it will not have a Senate Committee hearing.

Monday, January 26, 2009

Utah Financial Disclosure Web Site up

The Lt. Governors Financial Disclosure Web site is up, but you can't access from a Mac and you have to use Internet Explorer version 6 or 7.

Why SB 101 and HB 93 are bad ideas

SB 101 and HB 93 State Ethics Commission

These two bills would create a State Ethics Commission. Its documents would be “protected” and exempt from the Open Meetings Act.

Rather than exempting and protecting everything the committee does, why not consider how the committee might protect information and hold executive sessions within the existing framework of GRAMA and the Open Meetings Act? It sets a bad precedent for such a key watchdog group to be exempt from our key state transparency laws. It undermines an overall state policy to better understand and embrace our open government laws. As Mayor Ralph Becker is doing, we need to encourage a culture of transparency in our state. This sends the wrong message.

Here's the UPA Watch List

Public Notice

HB 67 Public Hearings on Property Tax Increases

Reduces the number of Truth in Taxation notices by one and requires all entities in one county advertise in a combined Truth in Taxation notice.

DRAFT Amendments to notice provisions for subdivision changes, K. Powell

Maximum Line Rate

DRAFT Repeal of Maximum Line Rate Charge for Official Notices Published by Fourth and Fifth Class Cities and Towns

Open and Public Meetings Act and GRAMA

From Jeff Hunt:

HB 122 is very problematic. It expands the exception for attorney-client records. Worse yet, it removes several categories of records from the public interest balancing test, meaning that the news media and public would not be able to argue that public interest is served by disclosure of records even if they are technically properly classified as non-public. Among the records that would not be subject to the balancing test under the bill are law enforcement investigatory records, employee disciplinary records, audit records, and licensing records. This may be an attempt to reverse the Deseret News v. Salt Lake County Supreme Court win and some State Records Committee decisions on disciplinary records. As you know, the news media fought very hard for the balancing test in GRAMA. This bill would remove the balancing test option for a large category of records frequently requested by the media.

SB 26 Open and Public Meetings Act

Revises rules for release of public meeting minutes before they are approved and makes recordings of a public meeting available within 72 hours.

SB 18 Utah Transparency Advisory Board

SB 101 and HB 93 State Ethics Commission

Makes State Ethics Commission documents “protected” and exempt from the Open Meetings Act

DRAFT League of Cities and Towns is proposing a bill to restrict harassment GRAMA requests.

DRAFT Wrongful destruction of withholding of public records, Greg Hughes

Sales Tax

DRAFT Sales and Use Tax Definitions… Wayne Harper

Other bills of interest

DRAFT Midterm vacancies in Political Offices Amendments

DRAFT Legislator Communications with Judiciary and Executive Branch Resolution