H.B.
122
GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT AMENDMENTS
house floor
Amendments
Amendment 1 February 18, 2009 2:21 pm
Representative Douglas C. Aagard proposes the following amendments:
1. Page 1, Lines 21 through 23
House Committee Amendments
2-9-2009 :
21 . prohibits a governmental entity's chief administrative officer, the records
22 committee, and a court from releasing certain protected records via means of a
23 balancing test
unless it is determined, by clear and convincing evidence, that the public interest
favoring access to the record outweighs the interest favoring restriction of access to the record
; and
2. Page 18, Lines 547 through 550 :
547 63G-2-406. Restrictions on release of certain enforcement and litigation records.
548
{
The provisions of Subsections
63G-2-401
(6),
63G-2-403
(11)(b), and
63G-2-404
(8)(a)
549 do not apply to records that are classified as protected under Subsection 63G-2-305 (9), (10),
550 (16), (17), (18), (23), (24), or (33). }
Records that are classified as protected under Subsections 63G-2-
305(9), (10), (16), (17), (18), (23), (24), or (33) may be ordered to be disclosed under the provisions of
Subsections 63G-2-401(6), 63G-2-403(11)(b), and 63G-2-404(8)(a) only if the person or party seeking
disclosure of the record has established, by clear and convincing evidence, that the public interest
favoring access outweighs the interest in favoring restriction of access.
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hb0122.hfa.01.wpd LRGC EWeeks EWeeks