S.B. 137 Enrolled

1

HOMELAND SECURITY AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jon J. Greiner
5 House Sponsor: D. Gregg Buxton
6
7 LONG TITLE
8 General Description:
9 This bill changes the name of the Division of Emergency Services and Homeland
10 Security to the Division of Homeland Security, and changes the name of the Emergency
11 Services and Homeland Security Act to the Homeland Security Act.
12 Highlighted Provisions:
13 This bill:
14 . changes the name of the Division of Emergency Services and Homeland Security,
15 and all references thereto, to the Division of Homeland Security;
16 . changes the name of the Emergency Services and Homeland Security Act to the
17 Homeland Security Act; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 19-3-112, as last amended by Chapter 14, Laws of Utah 2002
26 26-23b-110, as enacted by Chapter 155, Laws of Utah 2002
27 53-1-104, as last amended by Chapter 156, Laws of Utah 2004
28 53-2-101, as last amended by Chapter 14, Laws of Utah 2002
29 53-2-102, as last amended by Chapter 214, Laws of Utah 2005

30 53-2-103, as last amended by Chapter 14, Laws of Utah 2002
31 53-2-108, as last amended by Chapter 62, Laws of Utah 2005
32 63-2-304, as last amended by Chapters 14, 174 and 261, Laws of Utah 2006
33 63-5-4, as last amended by Chapter 16, Laws of Utah 2003
34 63-5a-8, as last amended by Chapter 14, Laws of Utah 2002
35 63-5b-102, as last amended by Chapter 139, Laws of Utah 2006
36 63-5b-301, as last amended by Chapter 14, Laws of Utah 2002
37 63-38d-502, as last amended by Chapter 148, Laws of Utah 2005
38 63-53b-201, as enacted by Chapter 180, Laws of Utah 2006
39 63C-6-101, as last amended by Chapter 14, Laws of Utah 2002
40 63C-6-104, as last amended by Chapter 14, Laws of Utah 2002
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 19-3-112 is amended to read:
44 19-3-112. Notification by the department to certain persons of release of
45 radiation from Nevada Test Site -- Notification to certain news outlets.
46 (1) When informed by the United States Department of Energy of any release of
47 radiation exceeding the Nuclear Regulatory Commission's limits for unrestricted use in air or
48 water from the Nevada Test Site which is detected outside its boundaries, the department shall,
49 unless prohibited by federal law, immediately convey to the persons specified in Subsection (2)
50 all information that is made available to it, including:
51 (a) the date;
52 (b) the time and duration of each release of radiation;
53 (c) estimates of total amounts of radiation released;
54 (d) the types and amounts of each isotope detected off-site;
55 (e) the locations of monitoring stations detecting off-site radiation; and
56 (f) current and projected wind direction, wind velocity, and precipitation for the region.
57 (2) Unless prohibited by federal law, the department shall provide the information

58 required under Subsection (1) to the following:
59 (a) members of the Utah congressional delegation or their designated representatives;
60 (b) the director of the Division of [Emergency Services and] Homeland Security;
61 (c) the attorney general;
62 (d) the regional director of the Federal Emergency Management Agency;
63 (e) the regional director of the National Oceanic and Atmospheric Administration;
64 (f) the executive director of the Utah League of Cities and Towns;
65 (g) the executive director of the Department of Health; and
66 (h) the chairpersons of the county commissions of affected counties.
67 (3) If the state is informed by the United States Department of Energy that any
68 radiation released from the Nevada Test Site has been detected by the United States
69 Department of Energy or United States Environmental Protection Agency or the department
70 within the boundaries of the state of Utah, the department shall, unless prohibited by federal
71 law, immediately provide all information available to it as specified in Subsection (1) to the
72 Associated Press and United Press International outlets in the state.
73 Section 2. Section 26-23b-110 is amended to read:
74 26-23b-110. Information sharing with public safety authorities.
75 (1) For purposes of this section, "public safety authority" means a local, state, or
76 federal law enforcement authority including the [division of emergency services homeland
77 security] Division of Homeland Security, emergency medical services personnel, and
78 firefighters.
79 (2) Notwithstanding the provisions of Title 63, Chapter 2, Government Records Access
80 and Management Act:
81 (a) whenever a public safety authority suspects a case of a reportable illness or
82 condition under the provisions of this chapter, it shall immediately notify the department;
83 (b) whenever the department learns of a case of a reportable illness or condition under
84 this chapter that it reasonably believes has the potential to be caused by one of the factors listed
85 in Subsection 26-23b-103 (1), it shall immediately notify the appropriate public safety

86 authority; and
87 (c) sharing of information reportable under the provisions of this chapter between
88 persons authorized by this chapter shall be limited to information necessary for the treatment,
89 control, investigation, and prevention of a public health emergency.
90 (3) Except to the extent inconsistent with this chapter, Sections 26-6-27 and 26-6-28
91 apply to this chapter.
92 Section 3. Section 53-1-104 is amended to read:
93 53-1-104. Boards, bureaus, councils, divisions, and offices.
94 (1) The following are the policymaking boards within the department:
95 (a) the Driver License Medical Advisory Board, created in Section 53-3-303 ;
96 (b) the Concealed Weapon Review Board, created in Section 53-5-703 ;
97 (c) the Utah Fire Prevention Board, created in Section 53-7-203 ;
98 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304 ; and
99 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104 .
100 (2) The following are the councils within the department:
101 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106 ; and
102 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
103 53-8-203 .
104 (3) The following are the divisions within the department:
105 (a) the Administrative Services Division, created in Section 53-1-203 ;
106 (b) the Management Information Services Division, created in Section 53-1-303 ;
107 (c) the Division of [Emergency Services and] Homeland Security, created in Section
108 53-2-103 ;
109 (d) the Driver License Division, created in Section 53-3-103 ;
110 (e) the Criminal Investigations and Technical Services Division, created in Section
111 53-10-103 ;
112 (f) the Peace Officers Standards and Training Division, created in Section 53-6-103 ;
113 (g) the State Fire Marshal Division, created in Section 53-7-103 ; and

114 (h) the Utah Highway Patrol Division, created in Section 53-8-103 .
115 (4) The Office of Executive Protection is created in Section 53-1-112 .
116 (5) The following are bureaus within the department:
117 (a) Bureau of Criminal Identification, created in Section 53-10-201 ;
118 (b) State Bureau of Investigation, created in Section 53-10-301 ;
119 (c) Bureau of Forensic Services, created in Section 53-10-401 ; and
120 (d) Bureau of Communications, created in Section 53-10-501 .
121 Section 4. Section 53-2-101 is amended to read:
122 Part 1. Homeland Security Act
123 53-2-101. Title.
124 This part is known as the "[Emergency Services and] Homeland Security Act."
125 Section 5. Section 53-2-102 is amended to read:
126 53-2-102. Definitions.
127 As used in this part:
128 (1) "Attack" means a nuclear, conventional, biological, or chemical warfare action
129 against the United States of America or this state.
130 (2) "Director" means the division director appointed under Section 53-2-103 .
131 (3) "Disaster" means a situation causing, or threatening to cause, widespread damage,
132 social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
133 natural phenomena, or technological hazard.
134 (4) "Division" means the Division of [Emergency Services and] Homeland Security
135 created in Section 53-2-103 .
136 (5) "Energy" includes the energy resources defined in Section 63-53a-1 .
137 (6) "Expenses" means actual labor costs of government and volunteer personnel,
138 including workers compensation benefits, fringe benefits, administrative overhead, cost of
139 equipment, cost of equipment operation, cost of materials, and the cost of any contract labor
140 and materials.
141 (7) "Hazardous materials emergency" means a sudden and unexpected release of any

142 substance that because of its quantity, concentration, or physical, chemical, or infectious
143 characteristics presents a direct and immediate threat to public safety or the environment and
144 requires immediate action to mitigate the threat.
145 (8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
146 (9) "Natural phenomena" means any earthquake, tornado, storm, flood, landslide,
147 avalanche, forest or range fire, drought, or epidemic.
148 (10) "State of emergency" means a condition in any part of this state that requires state
149 government emergency assistance to supplement the local efforts of the affected political
150 subdivision to save lives and to protect property, public health, welfare, or safety in the event
151 of a disaster, or to avoid or reduce the threat of a disaster.
152 (11) "Technological hazard" means any hazardous materials accident, mine accident,
153 train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
154 Section 6. Section 53-2-103 is amended to read:
155 53-2-103. Division of Homeland Security -- Creation -- Director -- Appointment --
156 Term -- Compensation.
157 (1) There is created within the department the Division of [Emergency Services and]
158 Homeland Security.
159 (2) The division shall be administered by a director appointed by the commissioner
160 with the approval of the governor.
161 (3) The director is the executive and administrative head of the division and shall be
162 experienced in administration and possess additional qualifications as determined by the
163 commissioner and as provided by law.
164 (4) The director acts under the supervision and control of the commissioner and may be
165 removed from his position at the will of the commissioner.
166 (5) The director shall receive compensation as provided by Title 67, Chapter 19, Utah
167 State Personnel Management Act.
168 Section 7. Section 53-2-108 is amended to read:
169 53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.

170 (1) There is created the Search and Rescue Advisory Board consisting of seven
171 members appointed as follows:
172 (a) two representatives designated by the Utah Search and Rescue Association, one of
173 whom is from a county having a population of 75,000 or more; and one from a county having a
174 population of less than 75,000;
175 (b) three representatives designated by the Utah Sheriff's Association, at least one of
176 whom shall be a member of a voluntary search and rescue unit operating in the state, at least
177 one of whom shall be from a county having a population of 75,000 or more, and at least one of
178 whom shall be from a county having a population of less than 75,000;
179 (c) one representative of the Division of [Emergency Services and] Homeland Security
180 designated by the director; and
181 (d) one private citizen appointed by the governor with the consent of the Senate.
182 (2) (a) The term of each member of the board is four years.
183 (b) A member may be reappointed to successive terms.
184 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
185 appointed for the unexpired term.
186 (d) In order to stagger the terms of membership, the members appointed or reappointed
187 to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two
188 years, and all subsequent terms shall be four years.
189 (3) Members who are not government employees do not receive compensation or
190 benefits for their services, but may receive per diem and travel expenses incurred in the
191 performance of the member's official duties at the rates established by the Division of Finance
192 under Sections 63A-3-106 and 63A-3-107 .
193 Section 8. Section 63-2-304 is amended to read:
194 63-2-304. Protected records.
195 The following records are protected if properly classified by a governmental entity:
196 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
197 has provided the governmental entity with the information specified in Section 63-2-308 ;

198 (2) commercial information or nonindividual financial information obtained from a
199 person if:
200 (a) disclosure of the information could reasonably be expected to result in unfair
201 competitive injury to the person submitting the information or would impair the ability of the
202 governmental entity to obtain necessary information in the future;
203 (b) the person submitting the information has a greater interest in prohibiting access
204 than the public in obtaining access; and
205 (c) the person submitting the information has provided the governmental entity with
206 the information specified in Section 63-2-308 ;
207 (3) commercial or financial information acquired or prepared by a governmental entity
208 to the extent that disclosure would lead to financial speculations in currencies, securities, or
209 commodities that will interfere with a planned transaction by the governmental entity or cause
210 substantial financial injury to the governmental entity or state economy;
211 (4) records the disclosure of which could cause commercial injury to, or confer a
212 competitive advantage upon a potential or actual competitor of, a commercial project entity as
213 defined in Subsection 11-13-103 (4);
214 (5) test questions and answers to be used in future license, certification, registration,
215 employment, or academic examinations;
216 (6) records the disclosure of which would impair governmental procurement
217 proceedings or give an unfair advantage to any person proposing to enter into a contract or
218 agreement with a governmental entity, except that this Subsection (6) does not restrict the right
219 of a person to see bids submitted to or by a governmental entity after bidding has closed;
220 (7) records that would identify real property or the appraisal or estimated value of real
221 or personal property, including intellectual property, under consideration for public acquisition
222 before any rights to the property are acquired unless:
223 (a) public interest in obtaining access to the information outweighs the governmental
224 entity's need to acquire the property on the best terms possible;
225 (b) the information has already been disclosed to persons not employed by or under a

226 duty of confidentiality to the entity;
227 (c) in the case of records that would identify property, potential sellers of the described
228 property have already learned of the governmental entity's plans to acquire the property;
229 (d) in the case of records that would identify the appraisal or estimated value of
230 property, the potential sellers have already learned of the governmental entity's estimated value
231 of the property; or
232 (e) the property under consideration for public acquisition is a single family residence
233 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
234 the property as required under Section 78-34-4.5 ;
235 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
236 compensated transaction of real or personal property including intellectual property, which, if
237 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
238 of the subject property, unless:
239 (a) the public interest in access outweighs the interests in restricting access, including
240 the governmental entity's interest in maximizing the financial benefit of the transaction; or
241 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
242 the value of the subject property have already been disclosed to persons not employed by or
243 under a duty of confidentiality to the entity;
244 (9) records created or maintained for civil, criminal, or administrative enforcement
245 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
246 release of the records:
247 (a) reasonably could be expected to interfere with investigations undertaken for
248 enforcement, discipline, licensing, certification, or registration purposes;
249 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
250 proceedings;
251 (c) would create a danger of depriving a person of a right to a fair trial or impartial
252 hearing;
253 (d) reasonably could be expected to disclose the identity of a source who is not

254 generally known outside of government and, in the case of a record compiled in the course of
255 an investigation, disclose information furnished by a source not generally known outside of
256 government if disclosure would compromise the source; or
257 (e) reasonably could be expected to disclose investigative or audit techniques,
258 procedures, policies, or orders not generally known outside of government if disclosure would
259 interfere with enforcement or audit efforts;
260 (10) records the disclosure of which would jeopardize the life or safety of an
261 individual;
262 (11) records the disclosure of which would jeopardize the security of governmental
263 property, governmental programs, or governmental recordkeeping systems from damage, theft,
264 or other appropriation or use contrary to law or public policy;
265 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
266 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
267 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
268 (13) records that, if disclosed, would reveal recommendations made to the Board of
269 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
270 Board of Pardons and Parole, or the Department of Human Services that are based on the
271 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
272 jurisdiction;
273 (14) records and audit workpapers that identify audit, collection, and operational
274 procedures and methods used by the State Tax Commission, if disclosure would interfere with
275 audits or collections;
276 (15) records of a governmental audit agency relating to an ongoing or planned audit
277 until the final audit is released;
278 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
279 litigation that are not available under the rules of discovery;
280 (17) records disclosing an attorney's work product, including the mental impressions or
281 legal theories of an attorney or other representative of a governmental entity concerning

282 litigation;
283 (18) records of communications between a governmental entity and an attorney
284 representing, retained, or employed by the governmental entity if the communications would be
285 privileged as provided in Section 78-24-8 ;
286 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
287 from a member of the Legislature; and
288 (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; and
290 (b) (i) an internal communication that is part of the deliberative process in connection
291 with the preparation of legislation between:
292 (A) members of a legislative body;
293 (B) a member of a legislative body and a member of the legislative body's staff; or
294 (C) members of a legislative body's staff; and
295 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
296 legislative action or policy may not be classified as protected under this section;
297 (20) (a) records in the custody or control of the Office of Legislative Research and
298 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
299 legislation or contemplated course of action before the legislator has elected to support the
300 legislation or course of action, or made the legislation or course of action public; and
301 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
302 Office of Legislative Research and General Counsel is a public document unless a legislator
303 asks that the records requesting the legislation be maintained as protected records until such
304 time as the legislator elects to make the legislation or course of action public;
305 (21) research requests from legislators to the Office of Legislative Research and
306 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
307 in response to these requests;
308 (22) drafts, unless otherwise classified as public;
309 (23) records concerning a governmental entity's strategy about collective bargaining or

310 pending litigation;
311 (24) records of investigations of loss occurrences and analyses of loss occurrences that
312 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
313 Uninsured Employers' Fund, or similar divisions in other governmental entities;
314 (25) records, other than personnel evaluations, that contain a personal recommendation
315 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
316 personal privacy, or disclosure is not in the public interest;
317 (26) records that reveal the location of historic, prehistoric, paleontological, or
318 biological resources that if known would jeopardize the security of those resources or of
319 valuable historic, scientific, educational, or cultural information;
320 (27) records of independent state agencies if the disclosure of the records would
321 conflict with the fiduciary obligations of the agency;
322 (28) records of an institution within the state system of higher education defined in
323 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
324 retention decisions, and promotions, which could be properly discussed in a meeting closed in
325 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
326 the final decisions about tenure, appointments, retention, promotions, or those students
327 admitted, may not be classified as protected under this section;
328 (29) records of the governor's office, including budget recommendations, legislative
329 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
330 policies or contemplated courses of action before the governor has implemented or rejected
331 those policies or courses of action or made them public;
332 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
333 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
334 recommendations in these areas;
335 (31) records provided by the United States or by a government entity outside the state
336 that are given to the governmental entity with a requirement that they be managed as protected
337 records if the providing entity certifies that the record would not be subject to public disclosure

338 if retained by it;
339 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
340 except as provided in Section 52-4-206 ;
341 (33) records that would reveal the contents of settlement negotiations but not including
342 final settlements or empirical data to the extent that they are not otherwise exempt from
343 disclosure;
344 (34) memoranda prepared by staff and used in the decision-making process by an
345 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
346 other body charged by law with performing a quasi-judicial function;
347 (35) records that would reveal negotiations regarding assistance or incentives offered
348 by or requested from a governmental entity for the purpose of encouraging a person to expand
349 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
350 person or place the governmental entity at a competitive disadvantage, but this section may not
351 be used to restrict access to a record evidencing a final contract;
352 (36) materials to which access must be limited for purposes of securing or maintaining
353 the governmental entity's proprietary protection of intellectual property rights including patents,
354 copyrights, and trade secrets;
355 (37) the name of a donor or a prospective donor to a governmental entity, including an
356 institution within the state system of higher education defined in Section 53B-1-102 , and other
357 information concerning the donation that could reasonably be expected to reveal the identity of
358 the donor, provided that:
359 (a) the donor requests anonymity in writing;
360 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
361 classified protected by the governmental entity under this Subsection (37); and
362 (c) except for an institution within the state system of higher education defined in
363 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
364 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
365 over the donor, a member of the donor's immediate family, or any entity owned or controlled

366 by the donor or the donor's immediate family;
367 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
368 73-18-13 ;
369 (39) a notification of workers' compensation insurance coverage described in Section
370 34A-2-205 ;
371 (40) (a) the following records of an institution within the state system of higher
372 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
373 or received by or on behalf of faculty, staff, employees, or students of the institution:
374 (i) unpublished lecture note