H.B. 178 Enrolled

GRAMA - VOTER REGISTRATION FORM AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Lowell A. Nelson
AN ACT RELATING TO VOTER REGISTRATION RECORDS; DEFINING WHICH VOTER
REGISTRATION RECORDS ARE PUBLIC AND WHICH ARE PRIVATE; PROVIDING
FOR UNIFORM FEES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-2-104, as last amended by Chapter 266, Laws of Utah 1998
63-2-203, as last amended by Chapter 20, Laws of Utah 1995
63-2-301, as last amended by Chapter 159, Laws of Utah 1996
63-2-302, as last amended by Chapter 303, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-2-104 is amended to read:
20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
(1) Every person applying to be registered shall complete a registration form printed in
substantially the following form:
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UTAH ELECTION REGISTRATION FORM
Name of Voter __________________________________________________________
First Middle Last
Driver License or Identification Card Number (optional)__________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence __________________________________
________________________________________________________________________
City County State Zip Code
Telephone Number (optional) _________________________
Last four digits of Social Security Number (optional) ______________________

Place of Birth _____________________________
Last former address at which I was registered to vote (if known)
________________________________________________________________________
City County State Zip Code
________________________________________________________________________
Voting Precinct (if known)
Political Party (optional) ___________________________________________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the state
of Utah, residing at the above address. I will be at least 18 years old and will have resided in Utah
for 30 days immediately before the next election. I am not a convicted felon currently incarcerated
for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
Date _______________, 19 ______.
NOTICE: IN ORDER TO VOTE, YOUR NAME MUST APPEAR IN THE OFFICIAL
REGISTER.
FOR OFFICIAL USE ONLY
Voting Precinct _________________________
Voting I.D. Number _____________________
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(2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
may be electronic or some other recognized system.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) [(i) Voter registration lists are public information and shall be made available for the
public to view in the clerk's office. (ii)] The lieutenant governor shall maintain a list of registered
voters in electronic form.

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[(iii)] (c) If there are any discrepancies between the two lists, the county clerk's list is the
official list.
[(c)] (d) The lieutenant governor and the county clerks may charge the fees established under
the authority of Subsection 63-2-203 (10) to individuals who wish to obtain a copy of the list of
registered voters.
[(i) Any registered voter may submit a written request to the county clerk to have their voter
registration record secured.]
[(ii) After receipt of a written request, the county clerk and the lieutenant governor may not
provide that voter's information on the lists that are sold to the public.]
Section 2. Section 63-2-203 is amended to read:
63-2-203. Fees.
(1) A governmental entity may charge a reasonable fee to cover the governmental entity's
actual cost of duplicating a record. This fee shall be approved by the governmental entity's executive
officer.
(2) When a governmental entity compiles a record in a form other than that normally
maintained by the governmental entity, the actual costs under this section may include the following:
(a) the cost of staff time for summarizing, compiling, or tailoring the record either into an
organization or media to meet the person's request;
(b) the cost of staff time for search, retrieval, and other direct administrative costs for
complying with a request. The hourly charge may not exceed the salary of the lowest paid employee
who, in the discretion of the custodian of records, has the necessary skill and training to perform the
request; provided, however, that no charge may be made for the first quarter hour of staff time; and
(c) in the case of fees for a record that is the result of computer output other than word
processing, the actual incremental cost of providing the electronic services and products together
with a reasonable portion of the costs associated with formatting or interfacing the information for
particular users, and the administrative costs as set forth in Subsections (2)(a) and (b).
(3) Fees shall be established as follows:
(a) Governmental entities with fees established by the Legislature shall establish the fees

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defined in Subsection (2), or other actual costs associated with this section through the budget
process. Governmental entities with fees established by the Legislature may use the procedures of
Section 63-38-3.2 to set fees until the Legislature establishes fees through the budget process. A fee
set by a governmental entity in accordance with Section 63-38-3.2 expires on May 1, 1995.
(b) Political subdivisions shall establish fees by ordinance or written formal policy adopted
by the governing body.
(c) The judiciary shall establish fees by rules of the judicial council.
(4) A governmental entity may fulfill a record request without charge and is encouraged to
do so when it determines that:
(a) releasing the record primarily benefits the public rather than a person;
(b) the individual requesting the record is the subject of the record, or an individual specified
in Subsection 63-2-202 (1) or (2); or
(c) the requester's legal rights are directly implicated by the information in the record, and
the requester is impecunious.
(5) A governmental entity may not charge a fee for:
(a) reviewing a record to determine whether it is subject to disclosure, except as permitted
by Subsection (2)(b); or
(b) inspecting a record.
(6) (a) A person who believes that there has been an unreasonable denial of a fee waiver
under Subsection (4) may appeal the denial in the same manner as a person appeals when inspection
of a public record is denied under Section 63-2-205 .
(b) The adjudicative body hearing the appeal has the same authority when a fee waiver or
reduction is denied as it has when the inspection of a public record is denied.
(7) (a) All fees received under this section by a governmental entity subject to Subsection
(3)(a) shall be retained by the governmental entity as a dedicated credit.
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
governmental entity in providing the requested record or record series.
(8) A governmental entity may require payment of past fees and future estimated fees before

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beginning to process a request if fees are expected to exceed $50, or if the requester has not paid fees
from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester.
(9) This section does not alter, repeal, or reduce fees established by other statutes or
legislative acts.
(10) (a) Notwithstanding Subsection (3)(b), fees for voter registration records shall be set
as provided in this Subsection (10).
(b) The lieutenant governor shall:
(i) after consultation with county clerks, establish uniform fees for voter registration and
voter history records that meet the requirements of this section; and
(ii) obtain legislative approval of those fees by following the procedures and requirements
of Section 63-38-3.2 .
Section 3. Section 63-2-301 is amended to read:
63-2-301. Records that must be disclosed.
(1) The following records are public except to the extent they contain information expressly
permitted to be treated confidentially under the provisions of Subsections 63-2-201 (3)(b) and (6)(a):
(a) laws;
(b) names, gender, gross compensation, job titles, job descriptions, business addresses,
business telephone numbers, number of hours worked per pay period, dates of employment, and
relevant education, previous employment, and similar job qualifications of the governmental entity's
former and present employees and officers excluding:
(i) undercover law enforcement personnel; and
(ii) investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c) final opinions, including concurring and dissenting opinions, and orders that are made
by a governmental entity in an administrative, adjudicative, or judicial proceeding except that if the
proceedings were properly closed to the public, the opinion and order may be withheld to the extent
that they contain information that is private, controlled, or protected;
(d) final interpretations of statutes or rules by a governmental entity unless classified as

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protected as provided in Subsections 63-2-304 (15), (16), and (17);
(e) information contained in or compiled from a transcript, minutes, or report of the open
portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public
Meetings, including the records of all votes of each member of the governmental entity;
(f) judicial records unless a court orders the records to be restricted under the rules of civil
or criminal procedure or unless the records are private under this chapter;
(g) records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
commissions, the Division of Forestry, Fire and State Lands, the School and Institutional Trust Lands
Administration, the Division of Oil, Gas and Mining, the Division of Water Rights, or other
governmental entities that give public notice of:
(i) titles or encumbrances to real property;
(ii) restrictions on the use of real property;
(iii) the capacity of persons to take or convey title to real property; or
(iv) tax status for real and personal property;
(h) records of the Department of Commerce that evidence incorporations, mergers, name
changes, and uniform commercial code filings;
(i) data on individuals that would otherwise be private under this chapter if the individual
who is the subject of the record has given the governmental entity written permission to make the
records available to the public;
(j) documentation of the compensation that a governmental entity pays to a contractor or
private provider; [and]
(k) summary data; and
(l) voter registration records, including an individual's voting history, except for those parts
of the record that are classified as private in Subsection 63-2-302 (1)(h).
(2) The following records are normally public, but to the extent that a record is expressly
exempt from disclosure, access may be restricted under Subsection 63-2-201 (3)(b), Section
63-2-302 , 63-2-303 , or 63-2-304 :
(a) administrative staff manuals, instructions to staff, and statements of policy;

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(b) records documenting a contractor's or private provider's compliance with the terms of
a contract with a governmental entity;
(c) records documenting the services provided by a contractor or a private provider to the
extent the records would be public if prepared by the governmental entity;
(d) contracts entered into by a governmental entity;
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds by
a governmental entity;
(f) records relating to government assistance or incentives publicly disclosed, contracted for,
or given by a governmental entity, encouraging a person to expand or relocate a business in Utah,
except as provided in Subsection 63-2-304 (34);
(g) chronological logs and initial contact reports;
(h) correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision, the public, or any
person;
(i) empirical data contained in drafts if:
(i) the empirical data is not reasonably available to the requester elsewhere in similar form;
and
(ii) the governmental entity is given a reasonable opportunity to correct any errors or make
nonsubstantive changes before release;
(j) drafts that are circulated to anyone other than:
(i) a governmental entity;
(ii) a political subdivision;
(iii) a federal agency if the governmental entity and the federal agency are jointly responsible
for implementation of a program or project that has been legislatively approved;
(iv) a government-managed corporation; or
(v) a contractor or private provider;
(k) drafts that have never been finalized but were relied upon by the governmental entity in
carrying out action or policy;

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(l) original data in a computer program if the governmental entity chooses not to disclose
the program;
(m) arrest warrants after issuance, except that, for good cause, a court may order restricted
access to arrest warrants prior to service;
(n) search warrants after execution and filing of the return, except that a court, for good
cause, may order restricted access to search warrants prior to trial;
(o) records that would disclose information relating to formal charges or disciplinary actions
against a past or present governmental entity employee if:
(i) the disciplinary action has been completed and all time periods for administrative appeal
have expired; and
(ii) the charges on which the disciplinary action was based were sustained;
(p) records maintained by the Division of Forestry, Fire and State Lands, the School and
Institutional Trust Lands Administration, or the Division of Oil, Gas and Mining that evidence
mineral production on government lands;
(q) final audit reports;
(r) occupational and professional licenses;
(s) business licenses; and
(t) a notice of violation, a notice of agency action under Section 63-46b-3 , or similar records
used to initiate proceedings for discipline or sanctions against persons regulated by a governmental
entity, but not including records that initiate employee discipline.
(3) The list of public records in this section is not exhaustive and should not be used to limit
access to records.
Section 4. Section 63-2-302 is amended to read:
63-2-302. Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition,

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treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received or generated for a Senate or House Ethics Committee concerning any
alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the
ethics committee meeting was closed to the public;
(e) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(i) if prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing;
(ii) after the meeting, if the meeting was closed to the public;
(f) records concerning a current or former employee of, or applicant for employment with,
a governmental entity that would disclose that individual's home address, home telephone number,
social security number, insurance coverage, marital status, or payroll deductions; [and]
(g) that part of a record indicating a person's social security number if provided under
Section 31A-23-202 , 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ; and
(h) that part of a voter registration record identifying a voter's driver license or identification
card number, Social Security number, or last four digits of the Social Security number.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment with
a governmental entity, including performance evaluations and personal status information such as
race, religion, or disabilities, but not including records that are public under Subsection
63-2-301 (1)(b) or 63-2-301 (2)(o), or private under Subsection 63-2-302 (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63-2-301 (1);

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(ii) information provided to the governmental entity for the purpose of complying with a
financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflict
with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy; and
(e) records provided by the United States or by a government entity outside the state that are
given with the requirement that the records be managed as private records, if the providing entity
states in writing that the record would not be subject to public disclosure if retained by it.
(3) (a) As used in this Subsection (3), "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors,
or affiliated entities are not private records or controlled records under Section 63-2-303 when the
records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's physical,
mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party relies
upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical records
were in the possession of a nongovernmental medical care provider.

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