Thread: Herbert set to call session Friday to consider repeal HB477

By Paul-Koepp
There was a concern expressed that we wanted to give the public an opportunity to be more involved in the process," she said. "We understand their frustration, and we continue to listen to their concerns."

House Majority Leader Brad Dee, R-Ogden, said media coverage of HB477 has been "extremely biased" and contributed to misunderstandings about what the bill does. He added that while there will be further discussion, House Republicans are still determined to make changes to modernize GRAMA.


"We will not accept doing nothing on GRAMA," Dee said.

Herbert said Monday a replacement for HB477 should align with three principles: the public's right to know, individual privacy and protecting taxpayers from the cost of "fishing expeditions."

Legislators have said they passed the bill to prevent correspondence with constituents from becoming public, although there were already provisions in the current GRAMA law to protect private information.

Also Monday, a 25-person working group tasked with recommending changes to GRAMA was announced. It will first meet Wednesday morning.

The group includes three Republicans and one Democrat from both the House and Senate; officials from the governor's office, attorney general's office and the Utah League of Cities and Towns; five members of the "traditional media"; three representatives of "new media"; and six members of the public, including former Utah Supreme Court Justice Michael Wilkins.

Lane Beattie, president of the Salt Lake Chamber and a former Senate president, will chair the panel. Former Deseret News reporter Geoff Liesik, now editor of the Uintah Basin Standard and the Vernal Express, has been invited to participate, along with Deseret News editorial writer Paul Edwards and LaVarr Webb, former managing editor of the Deseret News.

Waddoups said that group should have more time to work before a special session is called. He favors holding off on repealing HB477 until a replacement bill is ready.

Meanwhile, the ACLU of Utah said that unless it receives assurances of a quick repeal, it would file a lawsuit later this week over the ban — under a bill, SB165, passed this year — on electronic signatures in a referendum drive like the one underway on HB477.

The House and Senate first passed HB477 with two-thirds majorities. The Senate then passed the amended version postponing the effective date 23-6, and the House followed suit by a 42-29 vote, with four members not voting. That House vote fell short of the number that would be needed to override a veto, but Herbert said he had given legislators his word he would sign the amended bill if they changed the effective date, giving more time for discussion.
"There was a concern expressed that we wanted to give the public an opportunity to be more involved in the process," she said. "We understand their frustration, and we continue to listen to their concerns."

House Majority Leader Brad Dee, R-Ogden, said media coverage of HB477 has been "extremely biased" and contributed to misunderstandings about what the bill does. He added that while there will be further discussion, House Republicans are still determined to make changes to modernize GRAMA.


"We will not accept doing nothing on GRAMA," Dee said.

Herbert said Monday a replacement for HB477 should align with three principles: the public's right to know, individual privacy and protecting taxpayers from the cost of "fishing expeditions."

Legislators have said they passed the bill to prevent correspondence with constituents from becoming public, although there were already provisions in the current GRAMA law to protect private information.

Also Monday, a 25-person working group tasked with recommending changes to GRAMA was announced. It will first meet Wednesday morning.

The group includes three Republicans and one Democrat from both the House and Senate; officials from the governor's office, attorney general's office and the Utah League of Cities and Towns; five members of the "traditional media"; three representatives of "new media"; and six members of the public, including former Utah Supreme Court Justice Michael Wilkins.

Lane Beattie, president of the Salt Lake Chamber and a former Senate president, will chair the panel. Former Deseret News reporter Geoff Liesik, now editor of the Uintah Basin Standard and the Vernal Express, has been invited to participate, along with Deseret News editorial writer Paul Edwards and LaVarr Webb, former managing editor of the Deseret News.

Waddoups said that group should have more time to work before a special session is called. He favors holding off on repealing HB477 until a replacement bill is ready.

Meanwhile, the ACLU of Utah said that unless it receives assurances of a quick repeal, it would file a lawsuit later this week over the ban — under a bill, SB165, passed this year — on electronic signatures in a referendum drive like the one underway on HB477.

The House and Senate first passed HB477 with two-thirds majorities. The Senate then passed the amended version postponing the effective date 23-6, and the House followed suit by a 42-29 vote, with four members not voting. That House vote fell short of the number that would be needed to override a veto, but Herbert said he had given legislators his word he would sign the amended bill if they changed the effective date, giving more time for discussion.
http://www.deseretnews.com/article/7053 ... .html?pg=2

http://le.utah.gov/~2011/bills/hbillint/hb0477.htm


LONG TITLE

General Description:
This bill modifies provisions of the Government Records Access and Management Act and other provisions relating to government records.

Highlighted Provisions:
This bill:
modifies cross references; eliminates codified intent language; provides a cross reference in the Public Records Management Act to identify legislative exemptions to the act; makes technical and organizational modifications to modernize and clarify language; modifies definitions; provides that voice mails, instant messages, video chats, and text messages are not records subject to the act, with some exceptions; modifies provisions defining records that are subject to regulation by the act; clarifies that fee provisions may be subject to approval procedures under the
Budgetary Procedures Act;
modifies provisions governing fees and costs related to records requests; modifies language identifying "extraordinary circumstances" related to records requests; modifies provisions governing shared records procedures and application; modifies provisions and requirements regulating records that must be disclosed; provides that personal and financial information submitted to or received by a Senate confirmation committee is a private record; provides that personal emails or similar electronic addresses of current or former government employees or applicants are private records; provides protected status for certain records of the Office of the Utah State Auditor and Office of Legislative Auditor General; provides that records may be classified as protected if they are prepared in anticipation of litigation; provides that work product records may be classified as protected if the record involves anticipated or pending litigation; modifies the protected record status of documents prepared, received, or maintained by a legislator; modifies the protected record status of communications between legislators and staff in relation to performance of their official duties; provides that records concerning a governmental entity's strategy may be classified as protected if the record is prepared for anticipated litigation, rather than only for pending litigation; provides protected status for internal communications and working papers of the governor's office and modifies provisions limiting the length of protected status coverage for certain records of the governor; provides that data and working papers associated with a fiscal note for legislation are protected until the legislation has passed; provides protected status for personal email addresses and similar electronic addresses in some situations; prohibits a governmental entity's chief administrative officer, the records committee, and a court from releasing certain protected records via means of a balancing test unless it is determined, by a preponderance of the evidence, that the public interest favoring access to the record outweighs the interest favoring restriction of access to the record; provides that the Legislature may adopt policies regarding the receipt, processing,and response to record requests; rewrites and reorganizes the section addressing the act's application to the Legislature; addresses legislative compliance requirements with Title 63G, Chapter 2, Part 9, Public Associations; and makes technical changes.

The bill In question lets elected officials hide from their constituents. It allows them to vote amongst themselves and make up bills IN PRIVATE without any oversight. By even attempting a bill like this just goes to show you that our "REPUBLIC" Is In danger of being tossed out the window,so that a handful of "elites" can CONTROL the legislative process without public participation. THe people of UTAH need to look at recalling some of these "traitors" ASAP TS