H.B.
122
GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT AMENDMENTS
senate floor
Amendments
Amendment 2 February 25, 2009 7:11 pm
Senator Curtis S. Bramble
proposes the following amendments:
1. Page
1, Lines 21 through 23b
House Floor Amendments
2-18-2009
:
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 H. unless it is determined,
by a preponderance of the evidence or
by clear and
convincing evidence,
as applicable,
that the public
23a
interest favoring access to the record outweighs the interest favoring restriction of access to the
23b
record .H ; and
2. Page
18, Lines 546 through 550e
House Floor Amendments
2-18-2009
:
546
Section 5.
Section
63G-2-406
is enacted to read:
547
63G-2-406.
{
Restrictions on
}
Evidentiary standards for
release of certain enforcement and
litigation records.
548
H. [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
}
(1) A record that is
classified as protected
under
{
Subsections
}
Subsection
550a
63G-2-305(9),
{
(10),
}
(16), (17), (18), (23), (24), or (33) may be ordered to be disclosed under the
550b
provisions of Subsections 63G-2-401(6), 63G-2-403(11)(b), and 63G-2-404(8)(a) only if the
550c
person or party seeking disclosure of the record has established,
by a preponderance of the evidence, that
the public interest favoring access outweighs the interest favoring restriction of access.
(2) A record that is classified as protected under Subsection 65G-2-305(10) 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) only if
the person or party seeking disclosure of the record has established,
by clear and convincing
550d
evidence, that the public interest favoring access outweighs the interest