UT
Utah Senate Bill SB0092

Utah 2025 Regular Session

Utah Senate Bill SB0092 Compare Versions

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1-02-03 19:18 1st Sub. (Green) S.B. 92
2-Daniel McCay proposes the following substitute bill:
1+01-10 13:22 S.B. 92
32 1
43 Golf Course Amendments
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Daniel McCay
8-House Sponsor:
97 2
108
119 3
1210 LONG TITLE
1311 4
1412 General Description:
1513 5
1614 This bill addresses water use by and management of golf courses.
1715 6
1816 Highlighted Provisions:
1917 7
2018 This bill:
2119 8
2220 ▸ makes a record of water data regarding golf courses prepared for and provided to the
2321 9
24-Janet Quinney Lawson Institute for Land, Water and Air at Utah State University
22+Utah State University Institute of Land, Air, and Water pursuant to statute a protected
2523 10
26-pursuant to statute a protected record under the Government Records Access and
24+record under the Government Records Access and Management Act;
2725 11
28-Management Act;
26+▸ defines terms;
2927 12
30-▸ defines terms;
28+▸ requires a study of water use by golf courses;
3129 13
32-▸ requires a study of water use by golf courses;
30+▸ outlines a process to be followed in conducting and reporting on the study;
3331 14
34-▸ outlines a process to be followed in conducting and reporting on the study;
32+▸ requires the Division of State Parks to develop a master plan for state-owned golf courses
3533 15
36-▸ requires the Division of State Parks to develop a master plan for state-owned golf courses
34+and to report on the master plan; and
3735 16
38-and to report on the master plan; and
36+▸ makes technical and conforming changes.
3937 17
40-▸ makes technical and conforming changes.
38+Money Appropriated in this Bill:
4139 18
42-Money Appropriated in this Bill:
40+None
4341 19
42+Other Special Clauses:
43+20
4444 None
45-20
46-Other Special Clauses:
4745 21
48-None
46+Utah Code Sections Affected:
4947 22
50-Utah Code Sections Affected:
48+AMENDS:
5149 23
52-AMENDS:
50+63G-2-305, as last amended by Laws of Utah 2024, Chapters 18, 101, 135, 267, 344, and
5351 24
54-63G-2-305, as last amended by Laws of Utah 2024, Chapters 18, 101, 135, 267, 344, and
52+522
5553 25
56-522
54+ENACTS:
5755 26
58-ENACTS:
56+79-4-207, Utah Code Annotated 1953
5957 27
60-79-4-207, Utah Code Annotated 1953
58+
6159 28
62-
63-1st Sub. S.B. 92 1st Sub. (Green) S.B. 92 02-03 19:18
60+Be it enacted by the Legislature of the state of Utah:
6461 29
65-Be it enacted by the Legislature of the state of Utah:
62+Section 1. Section 63G-2-305 is amended to read:
6663 30
67-Section 1. Section 63G-2-305 is amended to read:
64+63G-2-305 . Protected records.
6865 31
69-63G-2-305 . Protected records.
66+ The following records are protected if properly classified by a governmental entity: S.B. 92 01-10 13:22
7067 32
71- The following records are protected if properly classified by a governmental entity:
68+(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
7269 33
73-(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
70+provided the governmental entity with the information specified in Section 63G-2-309;
7471 34
75-provided the governmental entity with the information specified in Section 63G-2-309;
72+(2) commercial information or nonindividual financial information obtained from a person
7673 35
77-(2) commercial information or nonindividual financial information obtained from a person
74+if:
7875 36
79-if:
76+(a) disclosure of the information could reasonably be expected to result in unfair
8077 37
81-(a) disclosure of the information could reasonably be expected to result in unfair
78+competitive injury to the person submitting the information or would impair the
8279 38
83-competitive injury to the person submitting the information or would impair the
80+ability of the governmental entity to obtain necessary information in the future;
8481 39
85-ability of the governmental entity to obtain necessary information in the future;
82+(b) the person submitting the information has a greater interest in prohibiting access than
8683 40
87-(b) the person submitting the information has a greater interest in prohibiting access than
84+the public in obtaining access; and
8885 41
89-the public in obtaining access; and
86+(c) the person submitting the information has provided the governmental entity with the
9087 42
91-(c) the person submitting the information has provided the governmental entity with the
88+information specified in Section 63G-2-309;
9289 43
93-information specified in Section 63G-2-309;
90+(3) commercial or financial information acquired or prepared by a governmental entity to
9491 44
95-(3) commercial or financial information acquired or prepared by a governmental entity to
92+the extent that disclosure would lead to financial speculations in currencies, securities, or
9693 45
97-the extent that disclosure would lead to financial speculations in currencies, securities, or
94+commodities that will interfere with a planned transaction by the governmental entity or
9895 46
99-commodities that will interfere with a planned transaction by the governmental entity or
96+cause substantial financial injury to the governmental entity or state economy;
10097 47
101-cause substantial financial injury to the governmental entity or state economy;
98+(4) records, the disclosure of which could cause commercial injury to, or confer a
10299 48
103-(4) records, the disclosure of which could cause commercial injury to, or confer a
100+competitive advantage upon a potential or actual competitor of, a commercial project
104101 49
105-competitive advantage upon a potential or actual competitor of, a commercial project
102+entity as defined in Subsection 11-13-103(4);
106103 50
107-entity as defined in Subsection 11-13-103(4);
104+(5) test questions and answers to be used in future license, certification, registration,
108105 51
109-(5) test questions and answers to be used in future license, certification, registration,
106+employment, or academic examinations;
110107 52
111-employment, or academic examinations;
108+(6) records, the disclosure of which would impair governmental procurement proceedings
112109 53
113-(6) records, the disclosure of which would impair governmental procurement proceedings
110+or give an unfair advantage to any person proposing to enter into a contract or agreement
114111 54
115-or give an unfair advantage to any person proposing to enter into a contract or agreement
112+with a governmental entity, except, subject to Subsections (1) and (2), that this
116113 55
117-with a governmental entity, except, subject to Subsections (1) and (2), that this
114+Subsection (6) does not restrict the right of a person to have access to, after the contract
118115 56
119-Subsection (6) does not restrict the right of a person to have access to, after the contract
116+or grant has been awarded and signed by all parties:
120117 57
121-or grant has been awarded and signed by all parties:
118+(a) a bid, proposal, application, or other information submitted to or by a governmental
122119 58
123-(a) a bid, proposal, application, or other information submitted to or by a governmental
120+entity in response to:
124121 59
125-entity in response to:
122+(i) an invitation for bids;
126123 60
127-(i) an invitation for bids;
124+(ii) a request for proposals;
128125 61
129-(ii) a request for proposals;
126+(iii) a request for quotes;
130127 62
131-(iii) a request for quotes;
132-- 2 - 02-03 19:18 1st Sub. (Green) S.B. 92
128+(iv) a grant; or
133129 63
134-(iv) a grant; or
130+(v) other similar document; or
135131 64
136-(v) other similar document; or
132+(b) an unsolicited proposal, as defined in Section 63G-6a-712;
137133 65
138-(b) an unsolicited proposal, as defined in Section 63G-6a-712;
134+(7) information submitted to or by a governmental entity in response to a request for
135+- 2 - 01-10 13:22 S.B. 92
139136 66
140-(7) information submitted to or by a governmental entity in response to a request for
137+information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
141138 67
142-information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
139+restrict the right of a person to have access to the information, after:
143140 68
144-restrict the right of a person to have access to the information, after:
141+(a) a contract directly relating to the subject of the request for information has been
145142 69
146-(a) a contract directly relating to the subject of the request for information has been
143+awarded and signed by all parties; or
147144 70
148-awarded and signed by all parties; or
145+(b)(i) a final determination is made not to enter into a contract that relates to the
149146 71
150-(b)(i) a final determination is made not to enter into a contract that relates to the
147+subject of the request for information; and
151148 72
152-subject of the request for information; and
149+(ii) at least two years have passed after the day on which the request for information
153150 73
154-(ii) at least two years have passed after the day on which the request for information
151+is issued;
155152 74
156-is issued;
153+(8) records that would identify real property or the appraisal or estimated value of real or
157154 75
158-(8) records that would identify real property or the appraisal or estimated value of real or
155+personal property, including intellectual property, under consideration for public
159156 76
160-personal property, including intellectual property, under consideration for public
157+acquisition before any rights to the property are acquired unless:
161158 77
162-acquisition before any rights to the property are acquired unless:
159+(a) public interest in obtaining access to the information is greater than or equal to the
163160 78
164-(a) public interest in obtaining access to the information is greater than or equal to the
161+governmental entity's need to acquire the property on the best terms possible;
165162 79
166-governmental entity's need to acquire the property on the best terms possible;
163+(b) the information has already been disclosed to persons not employed by or under a
167164 80
168-(b) the information has already been disclosed to persons not employed by or under a
165+duty of confidentiality to the entity;
169166 81
170-duty of confidentiality to the entity;
167+(c) in the case of records that would identify property, potential sellers of the described
171168 82
172-(c) in the case of records that would identify property, potential sellers of the described
169+property have already learned of the governmental entity's plans to acquire the
173170 83
174-property have already learned of the governmental entity's plans to acquire the
171+property;
175172 84
176-property;
173+(d) in the case of records that would identify the appraisal or estimated value of
177174 85
178-(d) in the case of records that would identify the appraisal or estimated value of
175+property, the potential sellers have already learned of the governmental entity's
179176 86
180-property, the potential sellers have already learned of the governmental entity's
177+estimated value of the property; or
181178 87
182-estimated value of the property; or
179+(e) the property under consideration for public acquisition is a single family residence
183180 88
184-(e) the property under consideration for public acquisition is a single family residence
181+and the governmental entity seeking to acquire the property has initiated negotiations
185182 89
186-and the governmental entity seeking to acquire the property has initiated negotiations
183+to acquire the property as required under Section 78B-6-505;
187184 90
188-to acquire the property as required under Section 78B-6-505;
185+(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
189186 91
190-(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
187+transaction of real or personal property including intellectual property, which, if
191188 92
192-transaction of real or personal property including intellectual property, which, if
189+disclosed prior to completion of the transaction, would reveal the appraisal or estimated
193190 93
194-disclosed prior to completion of the transaction, would reveal the appraisal or estimated
191+value of the subject property, unless:
195192 94
196-value of the subject property, unless:
193+(a) the public interest in access is greater than or equal to the interests in restricting
197194 95
198-(a) the public interest in access is greater than or equal to the interests in restricting
195+access, including the governmental entity's interest in maximizing the financial
199196 96
200-access, including the governmental entity's interest in maximizing the financial
201-- 3 - 1st Sub. (Green) S.B. 92 02-03 19:18
197+benefit of the transaction; or
202198 97
203-benefit of the transaction; or
199+(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
204200 98
205-(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
201+the value of the subject property have already been disclosed to persons not
206202 99
207-the value of the subject property have already been disclosed to persons not
203+employed by or under a duty of confidentiality to the entity;
204+- 3 - S.B. 92 01-10 13:22
208205 100
209-employed by or under a duty of confidentiality to the entity;
206+(10) records created or maintained for civil, criminal, or administrative enforcement
210207 101
211-(10) records created or maintained for civil, criminal, or administrative enforcement
208+purposes or audit purposes, or for discipline, licensing, certification, or registration
212209 102
213-purposes or audit purposes, or for discipline, licensing, certification, or registration
210+purposes, if release of the records:
214211 103
215-purposes, if release of the records:
212+(a) reasonably could be expected to interfere with investigations undertaken for
216213 104
217-(a) reasonably could be expected to interfere with investigations undertaken for
214+enforcement, discipline, licensing, certification, or registration purposes;
218215 105
219-enforcement, discipline, licensing, certification, or registration purposes;
216+(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
220217 106
221-(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
218+proceedings;
222219 107
223-proceedings;
220+(c) would create a danger of depriving a person of a right to a fair trial or impartial
224221 108
225-(c) would create a danger of depriving a person of a right to a fair trial or impartial
222+hearing;
226223 109
227-hearing;
224+(d) reasonably could be expected to disclose the identity of a source who is not generally
228225 110
229-(d) reasonably could be expected to disclose the identity of a source who is not generally
226+known outside of government and, in the case of a record compiled in the course of
230227 111
231-known outside of government and, in the case of a record compiled in the course of
228+an investigation, disclose information furnished by a source not generally known
232229 112
233-an investigation, disclose information furnished by a source not generally known
230+outside of government if disclosure would compromise the source; or
234231 113
235-outside of government if disclosure would compromise the source; or
232+(e) reasonably could be expected to disclose investigative or audit techniques,
236233 114
237-(e) reasonably could be expected to disclose investigative or audit techniques,
234+procedures, policies, or orders not generally known outside of government if
238235 115
239-procedures, policies, or orders not generally known outside of government if
236+disclosure would interfere with enforcement or audit efforts;
240237 116
241-disclosure would interfere with enforcement or audit efforts;
238+(11) records the disclosure of which would jeopardize the life or safety of an individual;
242239 117
243-(11) records the disclosure of which would jeopardize the life or safety of an individual;
240+(12) records the disclosure of which would jeopardize the security of governmental
244241 118
245-(12) records the disclosure of which would jeopardize the security of governmental
242+property, governmental programs, or governmental recordkeeping systems from
246243 119
247-property, governmental programs, or governmental recordkeeping systems from
244+damage, theft, or other appropriation or use contrary to law or public policy;
248245 120
249-damage, theft, or other appropriation or use contrary to law or public policy;
246+(13) records that, if disclosed, would jeopardize the security or safety of a correctional
250247 121
251-(13) records that, if disclosed, would jeopardize the security or safety of a correctional
248+facility, or records relating to incarceration, treatment, probation, or parole, that would
252249 122
253-facility, or records relating to incarceration, treatment, probation, or parole, that would
250+interfere with the control and supervision of an offender's incarceration, treatment,
254251 123
255-interfere with the control and supervision of an offender's incarceration, treatment,
252+probation, or parole;
256253 124
257-probation, or parole;
254+(14) records that, if disclosed, would reveal recommendations made to the Board of
258255 125
259-(14) records that, if disclosed, would reveal recommendations made to the Board of
256+Pardons and Parole by an employee of or contractor for the Department of Corrections,
260257 126
261-Pardons and Parole by an employee of or contractor for the Department of Corrections,
258+the Board of Pardons and Parole, or the Department of Health and Human Services that
262259 127
263-the Board of Pardons and Parole, or the Department of Health and Human Services that
260+are based on the employee's or contractor's supervision, diagnosis, or treatment of any
264261 128
265-are based on the employee's or contractor's supervision, diagnosis, or treatment of any
262+person within the board's jurisdiction;
266263 129
267-person within the board's jurisdiction;
264+(15) records and audit workpapers that identify audit, collection, and operational procedures
268265 130
269-(15) records and audit workpapers that identify audit, collection, and operational procedures
270-- 4 - 02-03 19:18 1st Sub. (Green) S.B. 92
266+and methods used by the State Tax Commission, if disclosure would interfere with
271267 131
272-and methods used by the State Tax Commission, if disclosure would interfere with
268+audits or collections;
273269 132
274-audits or collections;
270+(16) records of a governmental audit agency relating to an ongoing or planned audit until
275271 133
276-(16) records of a governmental audit agency relating to an ongoing or planned audit until
272+the final audit is released;
273+- 4 - 01-10 13:22 S.B. 92
277274 134
278-the final audit is released;
275+(17) records that are subject to the attorney client privilege;
279276 135
280-(17) records that are subject to the attorney client privilege;
277+(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
281278 136
282-(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
279+employee, or agent of a governmental entity for, or in anticipation of, litigation or a
283280 137
284-employee, or agent of a governmental entity for, or in anticipation of, litigation or a
281+judicial, quasi-judicial, or administrative proceeding;
285282 138
286-judicial, quasi-judicial, or administrative proceeding;
283+(19)(a)(i) personal files of a state legislator, including personal correspondence to or
287284 139
288-(19)(a)(i) personal files of a state legislator, including personal correspondence to or
285+from a member of the Legislature; and
289286 140
290-from a member of the Legislature; and
287+(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
291288 141
292-(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
289+legislative action or policy may not be classified as protected under this section;
293290 142
291+and
292+143
293+(b)(i) an internal communication that is part of the deliberative process in connection
294+144
295+with the preparation of legislation between:
296+145
297+(A) members of a legislative body;
298+146
299+(B) a member of a legislative body and a member of the legislative body's staff; or
300+147
301+(C) members of a legislative body's staff; and
302+148
303+(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
304+149
294305 legislative action or policy may not be classified as protected under this section;
295-143
296-and
297-144
298-(b)(i) an internal communication that is part of the deliberative process in connection
299-145
300-with the preparation of legislation between:
301-146
302-(A) members of a legislative body;
303-147
304-(B) a member of a legislative body and a member of the legislative body's staff; or
305-148
306-(C) members of a legislative body's staff; and
307-149
308-(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
309306 150
310-legislative action or policy may not be classified as protected under this section;
307+(20)(a) records in the custody or control of the Office of Legislative Research and
311308 151
312-(20)(a) records in the custody or control of the Office of Legislative Research and
309+General Counsel, that, if disclosed, would reveal a particular legislator's
313310 152
314-General Counsel, that, if disclosed, would reveal a particular legislator's
311+contemplated legislation or contemplated course of action before the legislator has
315312 153
316-contemplated legislation or contemplated course of action before the legislator has
313+elected to support the legislation or course of action, or made the legislation or course
317314 154
318-elected to support the legislation or course of action, or made the legislation or course
315+of action public; and
319316 155
320-of action public; and
317+(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
321318 156
322-(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
319+Office of Legislative Research and General Counsel is a public document unless a
323320 157
324-Office of Legislative Research and General Counsel is a public document unless a
321+legislator asks that the records requesting the legislation be maintained as protected
325322 158
326-legislator asks that the records requesting the legislation be maintained as protected
323+records until such time as the legislator elects to make the legislation or course of
327324 159
328-records until such time as the legislator elects to make the legislation or course of
325+action public;
329326 160
330-action public;
327+(21) a research request from a legislator to a legislative staff member and research findings
331328 161
332-(21) a research request from a legislator to a legislative staff member and research findings
329+prepared in response to the request;
333330 162
334-prepared in response to the request;
331+(22) drafts, unless otherwise classified as public;
335332 163
336-(22) drafts, unless otherwise classified as public;
333+(23) records concerning a governmental entity's strategy about:
337334 164
338-(23) records concerning a governmental entity's strategy about:
339-- 5 - 1st Sub. (Green) S.B. 92 02-03 19:18
335+(a) collective bargaining; or
340336 165
341-(a) collective bargaining; or
337+(b) imminent or pending litigation;
342338 166
343-(b) imminent or pending litigation;
339+(24) records of investigations of loss occurrences and analyses of loss occurrences that may
344340 167
345-(24) records of investigations of loss occurrences and analyses of loss occurrences that may
341+be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
342+- 5 - S.B. 92 01-10 13:22
346343 168
347-be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
344+Uninsured Employers' Fund, or similar divisions in other governmental entities;
348345 169
349-Uninsured Employers' Fund, or similar divisions in other governmental entities;
346+(25) records, other than personnel evaluations, that contain a personal recommendation
350347 170
351-(25) records, other than personnel evaluations, that contain a personal recommendation
348+concerning an individual if disclosure would constitute a clearly unwarranted invasion
352349 171
353-concerning an individual if disclosure would constitute a clearly unwarranted invasion
350+of personal privacy, or disclosure is not in the public interest;
354351 172
355-of personal privacy, or disclosure is not in the public interest;
352+(26) records that reveal the location of historic, prehistoric, paleontological, or biological
356353 173
357-(26) records that reveal the location of historic, prehistoric, paleontological, or biological
354+resources that if known would jeopardize the security of those resources or of valuable
358355 174
359-resources that if known would jeopardize the security of those resources or of valuable
356+historic, scientific, educational, or cultural information;
360357 175
361-historic, scientific, educational, or cultural information;
358+(27) records of independent state agencies if the disclosure of the records would conflict
362359 176
363-(27) records of independent state agencies if the disclosure of the records would conflict
360+with the fiduciary obligations of the agency;
364361 177
365-with the fiduciary obligations of the agency;
362+(28) records of an institution within the state system of higher education defined in Section
366363 178
367-(28) records of an institution within the state system of higher education defined in Section
364+53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
368365 179
369-53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
366+retention decisions, and promotions, which could be properly discussed in a meeting
370367 180
371-retention decisions, and promotions, which could be properly discussed in a meeting
368+closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
372369 181
373-closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
370+that records of the final decisions about tenure, appointments, retention, promotions, or
374371 182
375-that records of the final decisions about tenure, appointments, retention, promotions, or
372+those students admitted, may not be classified as protected under this section;
376373 183
377-those students admitted, may not be classified as protected under this section;
374+(29) records of the governor's office, including budget recommendations, legislative
378375 184
379-(29) records of the governor's office, including budget recommendations, legislative
376+proposals, and policy statements, that if disclosed would reveal the governor's
380377 185
381-proposals, and policy statements, that if disclosed would reveal the governor's
378+contemplated policies or contemplated courses of action before the governor has
382379 186
383-contemplated policies or contemplated courses of action before the governor has
380+implemented or rejected those policies or courses of action or made them public;
384381 187
385-implemented or rejected those policies or courses of action or made them public;
382+(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
386383 188
387-(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
384+revenue estimates, and fiscal notes of proposed legislation before issuance of the final
388385 189
389-revenue estimates, and fiscal notes of proposed legislation before issuance of the final
386+recommendations in these areas;
390387 190
391-recommendations in these areas;
388+(31) records provided by the United States or by a government entity outside the state that
392389 191
393-(31) records provided by the United States or by a government entity outside the state that
390+are given to the governmental entity with a requirement that they be managed as
394391 192
395-are given to the governmental entity with a requirement that they be managed as
392+protected records if the providing entity certifies that the record would not be subject to
396393 193
397-protected records if the providing entity certifies that the record would not be subject to
394+public disclosure if retained by it;
398395 194
399-public disclosure if retained by it;
396+(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
400397 195
401-(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
398+public body except as provided in Section 52-4-206;
402399 196
403-public body except as provided in Section 52-4-206;
400+(33) records that would reveal the contents of settlement negotiations but not including final
404401 197
405-(33) records that would reveal the contents of settlement negotiations but not including final
402+settlements or empirical data to the extent that they are not otherwise exempt from
406403 198
407-settlements or empirical data to the extent that they are not otherwise exempt from
408-- 6 - 02-03 19:18 1st Sub. (Green) S.B. 92
404+disclosure;
409405 199
410-disclosure;
406+(34) memoranda prepared by staff and used in the decision-making process by an
411407 200
412-(34) memoranda prepared by staff and used in the decision-making process by an
408+administrative law judge, a member of the Board of Pardons and Parole, or a member of
413409 201
414-administrative law judge, a member of the Board of Pardons and Parole, or a member of
410+any other body charged by law with performing a quasi-judicial function;
411+- 6 - 01-10 13:22 S.B. 92
415412 202
416-any other body charged by law with performing a quasi-judicial function;
413+(35) records that would reveal negotiations regarding assistance or incentives offered by or
417414 203
418-(35) records that would reveal negotiations regarding assistance or incentives offered by or
415+requested from a governmental entity for the purpose of encouraging a person to expand
419416 204
420-requested from a governmental entity for the purpose of encouraging a person to expand
417+or locate a business in Utah, but only if disclosure would result in actual economic harm
421418 205
422-or locate a business in Utah, but only if disclosure would result in actual economic harm
419+to the person or place the governmental entity at a competitive disadvantage, but this
423420 206
424-to the person or place the governmental entity at a competitive disadvantage, but this
421+section may not be used to restrict access to a record evidencing a final contract;
425422 207
426-section may not be used to restrict access to a record evidencing a final contract;
423+(36) materials to which access must be limited for purposes of securing or maintaining the
427424 208
428-(36) materials to which access must be limited for purposes of securing or maintaining the
425+governmental entity's proprietary protection of intellectual property rights including
429426 209
430-governmental entity's proprietary protection of intellectual property rights including
427+patents, copyrights, and trade secrets;
431428 210
432-patents, copyrights, and trade secrets;
429+(37) the name of a donor or a prospective donor to a governmental entity, including an
433430 211
434-(37) the name of a donor or a prospective donor to a governmental entity, including an
431+institution within the state system of higher education defined in Section 53B-1-102, and
435432 212
436-institution within the state system of higher education defined in Section 53B-1-102, and
433+other information concerning the donation that could reasonably be expected to reveal
437434 213
438-other information concerning the donation that could reasonably be expected to reveal
435+the identity of the donor, provided that:
439436 214
440-the identity of the donor, provided that:
437+(a) the donor requests anonymity in writing;
441438 215
442-(a) the donor requests anonymity in writing;
439+(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
443440 216
444-(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
441+classified protected by the governmental entity under this Subsection (37); and
445442 217
446-classified protected by the governmental entity under this Subsection (37); and
443+(c) except for an institution within the state system of higher education defined in
447444 218
448-(c) except for an institution within the state system of higher education defined in
445+Section 53B-1-102, the governmental unit to which the donation is made is primarily
449446 219
450-Section 53B-1-102, the governmental unit to which the donation is made is primarily
447+engaged in educational, charitable, or artistic endeavors, and has no regulatory or
451448 220
452-engaged in educational, charitable, or artistic endeavors, and has no regulatory or
449+legislative authority over the donor, a member of the donor's immediate family, or
453450 221
454-legislative authority over the donor, a member of the donor's immediate family, or
451+any entity owned or controlled by the donor or the donor's immediate family;
455452 222
456-any entity owned or controlled by the donor or the donor's immediate family;
453+(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
457454 223
458-(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
455+(39) a notification of workers' compensation insurance coverage described in Section
459456 224
460-(39) a notification of workers' compensation insurance coverage described in Section
457+34A-2-205;
461458 225
462-34A-2-205;
459+(40)(a) the following records of an institution within the state system of higher
463460 226
464-(40)(a) the following records of an institution within the state system of higher education
461+education defined in Section 53B-1-102, which have been developed, discovered,
465462 227
466-defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
463+disclosed to, or received by or on behalf of faculty, staff, employees, or students of
467464 228
468-or received by or on behalf of faculty, staff, employees, or students of the institution:
465+the institution:
469466 229
470467 (i) unpublished lecture notes;
471468 230
472469 (ii) unpublished notes, data, and information:
473470 231
474471 (A) relating to research; and
475472 232
476473 (B) of:
477-- 7 - 1st Sub. (Green) S.B. 92 02-03 19:18
478474 233
479475 (I) the institution within the state system of higher education defined in Section
480476 234
481477 53B-1-102; or
482478 235
483479 (II) a sponsor of sponsored research;
480+- 7 - S.B. 92 01-10 13:22
484481 236
485482 (iii) unpublished manuscripts;
486483 237
487484 (iv) creative works in process;
488485 238
489486 (v) scholarly correspondence; and
490487 239
491488 (vi) confidential information contained in research proposals;
492489 240
493490 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
494491 241
495492 required pursuant to Subsection 53B-16-302(2)(a) or (b); and
496493 242
497494 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
498495 243
499-(41)(a) records in the custody or control of the Office of the Legislative Auditor General
496+(41)(a) records in the custody or control of the Office of the Legislative Auditor
500497 244
501-that would reveal the name of a particular legislator who requests a legislative audit
498+General that would reveal the name of a particular legislator who requests a
502499 245
503-prior to the date that audit is completed and made public; and
500+legislative audit prior to the date that audit is completed and made public; and
504501 246
505502 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
506503 247
507504 Office of the Legislative Auditor General is a public document unless the legislator
508505 248
509506 asks that the records in the custody or control of the Office of the Legislative Auditor
510507 249
511508 General that would reveal the name of a particular legislator who requests a
512509 250
513510 legislative audit be maintained as protected records until the audit is completed and
514511 251
515512 made public;
516513 252
517514 (42) records that provide detail as to the location of an explosive, including a map or other
518515 253
519516 document that indicates the location of:
520517 254
521518 (a) a production facility; or
522519 255
523520 (b) a magazine;
524521 256
525522 (43) information contained in the statewide database of the Division of Aging and Adult
526523 257
527524 Services created by Section 26B-6-210;
528525 258
529526 (44) information contained in the Licensing Information System described in Title 80,
530527 259
531528 Chapter 2, Child Welfare Services;
532529 260
533530 (45) information regarding National Guard operations or activities in support of the
534531 261
535532 National Guard's federal mission;
536533 262
537534 (46) records provided by any pawn or secondhand business to a law enforcement agency or
538535 263
539536 to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
540537 264
541538 Merchandise, and Catalytic Converter Transaction Information Act;
542539 265
543540 (47) information regarding food security, risk, and vulnerability assessments performed by
544541 266
545542 the Department of Agriculture and Food;
546-- 8 - 02-03 19:18 1st Sub. (Green) S.B. 92
547543 267
548544 (48) except to the extent that the record is exempt from this chapter pursuant to Section
549545 268
550546 63G-2-106, records related to an emergency plan or program, a copy of which is
551547 269
552548 provided to or prepared or maintained by the Division of Emergency Management, and
549+- 8 - 01-10 13:22 S.B. 92
553550 270
554551 the disclosure of which would jeopardize:
555552 271
556553 (a) the safety of the general public; or
557554 272
558555 (b) the security of:
559556 273
560557 (i) governmental property;
561558 274
562559 (ii) governmental programs; or
563560 275
564561 (iii) the property of a private person who provides the Division of Emergency
565562 276
566563 Management information;
567564 277
568565 (49) records of the Department of Agriculture and Food that provides for the identification,
569566 278
570567 tracing, or control of livestock diseases, including any program established under Title
571568 279
572569 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
573570 280
574571 of Animal Disease;
575572 281
576573 (50) as provided in Section 26B-2-709:
577574 282
578575 (a) information or records held by the Department of Health and Human Services related
579576 283
580577 to a complaint regarding a provider, program, or facility which the department is
581578 284
582579 unable to substantiate; and
583580 285
584581 (b) information or records related to a complaint received by the Department of Health
585582 286
586583 and Human Services from an anonymous complainant regarding a provider, program,
587584 287
588585 or facility;
589586 288
590587 (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
591588 289
592589 under Section 41-1a-116, an individual's home address, home telephone number, or
593590 290
594591 personal mobile phone number, if:
595592 291
596593 (a) the individual is required to provide the information in order to comply with a law,
597594 292
598595 ordinance, rule, or order of a government entity; and
599596 293
600597 (b) the subject of the record has a reasonable expectation that this information will be
601598 294
602599 kept confidential due to:
603600 295
604601 (i) the nature of the law, ordinance, rule, or order; and
605602 296
606603 (ii) the individual complying with the law, ordinance, rule, or order;
607604 297
608605 (52) the portion of the following documents that contains a candidate's residential or
609606 298
610607 mailing address, if the candidate provides to the filing officer another address or phone
611608 299
612609 number where the candidate may be contacted:
613610 300
614611 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
615-- 9 - 1st Sub. (Green) S.B. 92 02-03 19:18
616612 301
617613 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
618614 302
619615 20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
620616 303
621617 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
618+- 9 - S.B. 92 01-10 13:22
622619 304
623620 (c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
624621 305
625622 (53) the name, home address, work addresses, and telephone numbers of an individual that
626623 306
627624 is engaged in, or that provides goods or services for, medical or scientific research that is:
628625 307
629626 (a) conducted within the state system of higher education, as defined in Section
630627 308
631628 53B-1-102; and
632629 309
633630 (b) conducted using animals;
634631 310
635632 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
636633 311
637634 Evaluation Commission concerning an individual commissioner's vote, in relation to
638635 312
639636 whether a judge meets or exceeds minimum performance standards under Subsection
640637 313
641638 78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
642639 314
643640 (55) information collected and a report prepared by the Judicial Performance Evaluation
644641 315
645642 Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
646643 316
647644 Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
648645 317
649646 public, the information or report;
650647 318
651648 (56) records provided or received by the Public Lands Policy Coordinating Office in
652649 319
653650 furtherance of any contract or other agreement made in accordance with Section
654651 320
655652 63L-11-202;
656653 321
657654 (57) information requested by and provided to the 911 Division under Section 63H-7a-302;
658655 322
659656 (58) in accordance with Section 73-10-33:
660657 323
661658 (a) a management plan for a water conveyance facility in the possession of the Division
662659 324
663660 of Water Resources or the Board of Water Resources; or
664661 325
665662 (b) an outline of an emergency response plan in possession of the state or a county or
666663 326
667664 municipality;
668665 327
669666 (59) the following records in the custody or control of the Office of Inspector General of
670667 328
671668 Medicaid Services, created in Section 63A-13-201:
672669 329
673670 (a) records that would disclose information relating to allegations of personal
674671 330
675672 misconduct, gross mismanagement, or illegal activity of a person if the information
676673 331
677674 or allegation cannot be corroborated by the Office of Inspector General of Medicaid
678675 332
679676 Services through other documents or evidence, and the records relating to the
680677 333
681678 allegation are not relied upon by the Office of Inspector General of Medicaid
682679 334
683680 Services in preparing a final investigation report or final audit report;
684-- 10 - 02-03 19:18 1st Sub. (Green) S.B. 92
685681 335
686682 (b) records and audit workpapers to the extent they would disclose the identity of a
687683 336
688684 person who, during the course of an investigation or audit, communicated the
689685 337
690686 existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
687+- 10 - 01-10 13:22 S.B. 92
691688 338
692689 violation of a law, rule, or regulation adopted under the laws of this state, a political
693690 339
694691 subdivision of the state, or any recognized entity of the United States, if the
695692 340
696693 information was disclosed on the condition that the identity of the person be
697694 341
698695 protected;
699696 342
700697 (c) before the time that an investigation or audit is completed and the final investigation
701698 343
702699 or final audit report is released, records or drafts circulated to a person who is not an
703700 344
704701 employee or head of a governmental entity for the person's response or information;
705702 345
706703 (d) records that would disclose an outline or part of any investigation, audit survey plan,
707704 346
708705 or audit program; or
709706 347
710707 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
711708 348
712709 investigation or audit;
713710 349
714711 (60) records that reveal methods used by the Office of Inspector General of Medicaid
715712 350
716713 Services, the fraud unit, or the Department of Health and Human Services, to discover
717714 351
718715 Medicaid fraud, waste, or abuse;
719716 352
720717 (61) information provided to the Department of Health and Human Services or the Division
721718 353
722719 of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
723720 354
724721 58-68-304(3) and (4);
725722 355
726723 (62) a record described in Section 63G-12-210;
727724 356
728725 (63) captured plate data that is obtained through an automatic license plate reader system
729726 357
730727 used by a governmental entity as authorized in Section 41-6a-2003;
731728 358
732729 (64) an audio or video recording created by a body-worn camera, as that term is defined in
733730 359
734731 Section 77-7a-103, that records sound or images inside a hospital or health care facility
735732 360
736733 as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
737734 361
738735 as that term is defined in Section 78B-3-403, or inside a human service program as that
739736 362
740737 term is defined in Section 26B-2-101, except for recordings that:
741738 363
742739 (a) depict the commission of an alleged crime;
743740 364
744741 (b) record any encounter between a law enforcement officer and a person that results in
745742 365
746743 death or bodily injury, or includes an instance when an officer fires a weapon;
747744 366
748745 (c) record any encounter that is the subject of a complaint or a legal proceeding against a
749746 367
750747 law enforcement officer or law enforcement agency;
751748 368
752749 (d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
753-- 11 - 1st Sub. (Green) S.B. 92 02-03 19:18
754750 369
755751 or
756752 370
757753 (e) have been requested for reclassification as a public record by a subject or authorized
758754 371
759755 agent of a subject featured in the recording;
756+- 11 - S.B. 92 01-10 13:22
760757 372
761758 (65) a record pertaining to the search process for a president of an institution of higher
762759 373
763760 education described in Section 53B-2-102, except for application materials for a publicly
764761 374
765762 announced finalist;
766763 375
767764 (66) an audio recording that is:
768765 376
769766 (a) produced by an audio recording device that is used in conjunction with a device or
770767 377
771768 piece of equipment designed or intended for resuscitating an individual or for treating
772769 378
773770 an individual with a life-threatening condition;
774771 379
775772 (b) produced during an emergency event when an individual employed to provide law
776773 380
777774 enforcement, fire protection, paramedic, emergency medical, or other first responder
778775 381
779776 service:
780777 382
781778 (i) is responding to an individual needing resuscitation or with a life-threatening
782779 383
783780 condition; and
784781 384
785782 (ii) uses a device or piece of equipment designed or intended for resuscitating an
786783 385
787784 individual or for treating an individual with a life-threatening condition; and
788785 386
789786 (c) intended and used for purposes of training emergency responders how to improve
790787 387
791788 their response to an emergency situation;
792789 388
793790 (67) records submitted by or prepared in relation to an applicant seeking a recommendation
794791 389
795792 by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
796793 390
797794 Audit Subcommittee, established under Section 36-12-8, for an employment position
798795 391
799796 with the Legislature;
800797 392
801798 (68) work papers as defined in Section 31A-2-204;
802799 393
803800 (69) a record made available to Adult Protective Services or a law enforcement agency
804801 394
805802 under Section 61-1-206;
806803 395
807804 (70) a record submitted to the Insurance Department in accordance with Section
808805 396
809806 31A-37-201;
810807 397
811808 (71) a record described in Section 31A-37-503;
812809 398
813810 (72) any record created by the Division of Professional Licensing as a result of Subsection
814811 399
815812 58-37f-304(5) or 58-37f-702(2)(a)(ii);
816813 400
817814 (73) a record described in Section 72-16-306 that relates to the reporting of an injury
818815 401
819816 involving an amusement ride;
820817 402
821818 (74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
822-- 12 - 02-03 19:18 1st Sub. (Green) S.B. 92
823819 403
824820 political petition, or on a request to withdraw a signature from a political petition,
825821 404
826822 including a petition or request described in the following titles:
827823 405
828824 (a) Title 10, Utah Municipal Code;
825+- 12 - 01-10 13:22 S.B. 92
829826 406
830827 (b) Title 17, Counties;
831828 407
832829 (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
833830 408
834831 (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
835832 409
836833 (e) Title 20A, Election Code;
837834 410
838835 (75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
839836 411
840837 voter registration record;
841838 412
842839 (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
843840 413
844841 described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
845842 414
846843 political subdivision collected or held under, or in relation to, Title 20A, Election Code;
847844 415
848845 (77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
849846 416
850847 Victims Guidelines for Prosecutors Act;
851848 417
852849 (78) a record submitted to the Insurance Department under Section 31A-48-103;
853850 418
854851 (79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
855852 419
856853 prohibited under Section 63G-26-103;
857854 420
858855 (80) an image taken of an individual during the process of booking the individual into jail,
859856 421
860857 unless:
861858 422
862859 (a) the individual is convicted of a criminal offense based upon the conduct for which
863860 423
864861 the individual was incarcerated at the time the image was taken;
865862 424
866863 (b) a law enforcement agency releases or disseminates the image:
867864 425
868865 (i) after determining that the individual is a fugitive or an imminent threat to an
869866 426
870867 individual or to public safety and releasing or disseminating the image will assist
871868 427
872869 in apprehending the individual or reducing or eliminating the threat; or
873870 428
874871 (ii) to a potential witness or other individual with direct knowledge of events relevant
875872 429
876873 to a criminal investigation or criminal proceeding for the purpose of identifying or
877874 430
878875 locating an individual in connection with the criminal investigation or criminal
879876 431
880877 proceeding;
881878 432
882879 (c) a judge orders the release or dissemination of the image based on a finding that the
883880 433
884881 release or dissemination is in furtherance of a legitimate law enforcement interest; or
885882 434
886883 (d) the image is displayed to a person who is permitted to view the image under Section
887884 435
888885 17-22-30[.] ;
889886 436
890887 (81) a record:
891-- 13 - 1st Sub. (Green) S.B. 92 02-03 19:18
892888 437
893889 (a) concerning an interstate claim to the use of waters in the Colorado River system;
894890 438
895891 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
896892 439
897893 representative from another state or the federal government as provided in Section
894+- 13 - S.B. 92 01-10 13:22
898895 440
899896 63M-14-205; and
900897 441
901898 (c) the disclosure of which would:
902899 442
903900 (i) reveal a legal strategy relating to the state's claim to the use of the water in the
904901 443
905902 Colorado River system;
906903 444
907904 (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
908905 445
909906 negotiate the best terms and conditions regarding the use of water in the Colorado
910907 446
911908 River system; or
912909 447
913910 (iii) give an advantage to another state or to the federal government in negotiations
914911 448
915912 regarding the use of water in the Colorado River system;
916913 449
917914 (82) any part of an application described in Section 63N-16-201 that the Governor's Office
918915 450
919916 of Economic Opportunity determines is nonpublic, confidential information that if
920917 451
921918 disclosed would result in actual economic harm to the applicant, but this Subsection (82)
922919 452
923920 may not be used to restrict access to a record evidencing a final contract or approval
924921 453
925922 decision;
926923 454
927924 (83) the following records of a drinking water or wastewater facility:
928925 455
929926 (a) an engineering or architectural drawing of the drinking water or wastewater facility;
930927 456
931928 and
932929 457
933930 (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
934931 458
935932 drinking water or wastewater facility uses to secure, or prohibit access to, the records
936933 459
937934 described in Subsection (83)(a);
938935 460
939936 (84) a statement that an employee of a governmental entity provides to the governmental
940937 461
941938 entity as part of the governmental entity's personnel or administrative investigation into
942939 462
943940 potential misconduct involving the employee if the governmental entity:
944941 463
945942 (a) requires the statement under threat of employment disciplinary action, including
946943 464
947944 possible termination of employment, for the employee's refusal to provide the
948945 465
949946 statement; and
950947 466
951948 (b) provides the employee assurance that the statement cannot be used against the
952949 467
953950 employee in any criminal proceeding;
954951 468
955952 (85) any part of an application for a Utah Fits All Scholarship account described in Section
956953 469
957954 53F-6-402 or other information identifying a scholarship student as defined in Section
958955 470
959956 53F-6-401;
960-- 14 - 02-03 19:18 1st Sub. (Green) S.B. 92
961957 471
962958 (86) a record:
963959 472
964960 (a) concerning a claim to the use of waters in the Great Salt Lake;
965961 473
966962 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
963+- 14 - 01-10 13:22 S.B. 92
967964 474
968965 person concerning the claim, including a representative from another state or the
969966 475
970967 federal government; and
971968 476
972969 (c) the disclosure of which would:
973970 477
974971 (i) reveal a legal strategy relating to the state's claim to the use of the water in the
975972 478
976973 Great Salt Lake;
977974 479
978975 (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
979976 480
980977 and conditions regarding the use of water in the Great Salt Lake; or
981978 481
982979 (iii) give an advantage to another person including another state or to the federal
983980 482
984981 government in negotiations regarding the use of water in the Great Salt Lake; [and]
985982 483
986983 (87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
987984 484
988985 reclassified as public as described in Subsection 13-2-11(4)[.] ;
989986 485
990987 (88) a record of the Utah water agent, appointed under Section 73-10g-702:
991988 486
992989 (a) concerning a claim to the use of waters;
993990 487
994991 (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
995992 488
996993 representative from another state, a tribe, the federal government, or other
997994 489
998995 government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
999996 490
1000997 and
1001998 491
1002999 (c) the disclosure of which would:
10031000 492
10041001 (i) reveal a legal strategy relating to the state's claim to the use of the water;
10051002 493
10061003 (ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
10071004 494
10081005 regarding the use of water; or
10091006 495
10101007 (iii) give an advantage to another state, a tribe, the federal government, or other
10111008 496
10121009 government entity in negotiations regarding the use of water[.] ; and
10131010 497
1014-(89) a record of water data prepared for and provided to the Janet Quinney Lawson
1011+(89) a record of water data prepared for and provided to the Utah State University Institute
10151012 498
1016-Institute for Land, Water and Air at Utah State University under Section 79-4-207.
1013+of Land, Air, and Water under Section 79-4-207.
10171014 499
10181015 Section 2. Section 79-4-207 is enacted to read:
10191016 500
10201017 79-4-207 . Water use by golf courses -- Master plan for state-owned golf courses.
10211018 501
10221019 (1) As used in this section:
10231020 502
10241021 (a) "Division" means the Division of State Parks.
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10261023 (b) "Golf course" means:
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10281025 (i) real property that may be used for golf, golf practice areas, or a driving range by
1029-- 15 - 1st Sub. (Green) S.B. 92 02-03 19:18
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10311027 the public or by the members and guests of a private club; and
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10331029 (ii) improvements to the real property described in Subsection (1)(b)(i), including
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10351031 turf, bunkers, trees, irrigation, lakes, lake liners, bridges, practice ranges, golf
1032+- 15 - S.B. 92 01-10 13:22
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10371034 greens, golf tees, paths, and trails.
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1039-(c) "Institute" means the Janet Quinney Lawson Institute for Land, Water and Air at
1036+(c) "Institute" means the Utah State University Institute of Land, Air, and Water.
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1041-Utah State University.
1038+(2)(a) The institute shall study the use of water on golf courses in the state.
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1043-(2)(a) The institute shall study the use of water on golf courses in the state.
1040+(b) As part of the study under this Subsection (2), the institute shall identify best
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1045-(b) As part of the study under this Subsection (2), the institute shall identify best
1042+practices for water use for the unique elements of Utah's diverse geography and
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1047-practices for water use for the unique elements of Utah's diverse geography and
1044+topography, including:
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1049-topography, including:
1046+(i) surveying practices in similar climate states;
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1051-(i) surveying practices in similar climate states;
1048+(ii) determining how much water is used by golf courses;
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1053-(ii) determining how much water is used by golf courses;
1050+(iii) determining how much irrigable acreage is playing versus non-playing areas; and
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1055-(iii) determining how much irrigable acreage is playing versus non-playing areas; and
1052+(iv) recommending methods for capturing possible water savings.
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1057-(iv) recommending methods for capturing possible water savings.
1054+(c) The institute shall work with owners and operators of golf courses to identify
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1059-(c) The institute shall work with owners and operators of golf courses to identify
1056+strategic water saving opportunities.
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1061-strategic water saving opportunities.
1058+(d) Notwithstanding Section 63G-2-305, in preparing the report described in Subsection
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1063-(d) Notwithstanding Section 63G-2-305, in preparing the report described in Subsection
1060+(2)(e), the institute shall consult and share data with the following stakeholders:
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1065-(2)(e), the institute shall consult and share data with the following stakeholders:
1062+(i) two individuals selected by the Golf Alliance Utah;
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1067-(i) two individuals selected by the Golf Alliance Utah;
1064+(ii) one individual selected by the Utah Section of the Professional Golfers'
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1069-(ii) one individual selected by the Utah Section of the Professional Golfers'
1066+Association of America;
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1071-Association of America;
1068+(iii) one individual selected by the Utah Golf Association; and
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1073-(iii) one individual selected by the Utah Golf Association; and
1070+(iv) three individuals selected by the Utah Golf Course Superintendents Association.
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1075-(iv) three individuals selected by the Utah Golf Course Superintendents Association.
1072+(e) The institute shall report the findings of the study, in a manner that does not identify
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1077-(e) The institute shall report the findings of the study, in a manner that does not identify
1074+golf courses, by no later than June 30, 2028, to the Legislative Water Development
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1079-golf courses, by no later than June 30, 2028, to the Legislative Water Development
1076+Commission created in Section 73-27-102.
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1081-Commission created in Section 73-27-102.
1078+(3) An owner or operator of a golf course in the state shall work with the institute as part of
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1083-(3)(a) For a golf course owned by the state or a political subdivision of the state, the
1080+the study under Subsection (2).
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1085-owner or operator of the golf course in the state shall work with the institute as part
1082+(4)(a) The division shall develop a master plan for state-owned golf courses, including
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1087-of the study under Subsection (2).
1084+addressing capital facilities and water use and conservation.
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1089-(b) For a golf course that is privately owned, the owner or operator of the golf course in
1086+(b) The division shall report to the following committees regarding the division's master
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1091-the state may cooperate with the institute as part of the study under Subsection (2).
1088+plan by no later than the November 2026 interim meetings of the Legislature:
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1093-(4)(a) The division shall develop a master plan for state-owned golf courses, including
1090+(i) Natural Resources, Agriculture, and Environment Interim Committee; and
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1095-addressing capital facilities and water use and conservation.
1092+(ii) Revenue and Taxation Interim Committee.
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1097-(b) The division shall report to the following committees regarding the division's master
1098-- 16 - 02-03 19:18 1st Sub. (Green) S.B. 92
1094+Section 3. Effective date.
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1100-plan by no later than the November 2026 interim meetings of the Legislature:
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1102-(i) Natural Resources, Agriculture, and Environment Interim Committee; and
1103-541
1104-(ii) Revenue and Taxation Interim Committee.
1105-542
1106-Section 3. Effective date.
1107-543
11081096 This bill takes effect on May 7, 2025.
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1097+- 16 -