Second Substitute S.B. 196

Text Box
- 1 -

Senate 2nd Reading Amendments 3-8-2013 lp/sch This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 28, 2013 at 9:35 AM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Mar 8, 2013 at 11:23 AM by lpoole. --> Senator Todd Weiler proposes the following substitute bill:

1 LICENSE PLATE READER AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd Weiler
5 House Sponsor: Daniel McCay
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to automatic license plate reader systems.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . provides that a person or governmental entity may not use an automatic license plate
14 reader system except in certain circumstances;
15 . specifies circumstances when an automatic license plate reader system may be used
16 by a person or governmental entity;
17 . provides that captured plate data is a protected record under the Government
18 Records Access and Management Act S. , if the captured plate data is maintained by a
18a governmental entity .S ;
19 . provides that captured plate data may only be shared for specified purposes, may
20 only be preserved for a certain time, and may only be disclosed pursuant to a
21 disclosure order or a warrant;
22 . prohibits a person from selling captured plate data for any purpose;
23 . establishes procedures for a governmental entity to submit a preservation request for
24 captured plate data; and
25 . provides a penalty for violating the provisions relating to automatic license plate

Text Box
- 2 - 26 reader systems.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 63G-2-305, as last amended by Laws of Utah 2012, Chapters 331 and 377
34 ENACTS:
35 41-6a-2001, Utah Code Annotated 1953
36 41-6a-2002, Utah Code Annotated 1953
37 41-6a-2003, Utah Code Annotated 1953
38 41-6a-2004, Utah Code Annotated 1953
39 41-6a-2005, Utah Code Annotated 1953
40 41-6a-2006, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 41-6a-2001 is enacted to read:
44 Part 20. Automatic License Plate Reader System Act
45 41-6a-2001. Title.
46 This part is known as the "Automatic License Plate Reader System Act."
47 Section 2. Section 41-6a-2002 is enacted to read:
48 41-6a-2002. Definitions.
49 As used in this section:
50 (1) "Automatic license plate reader system" means a system of one or more mobile or
51 fixed automated high-speed cameras used in combination with computer algorithms to convert
52 an image of a license plate into computer-readable data.
53 (2) "Captured plate data" means the global positioning system coordinates, date and
54 time, photograph, license plate number, and any other data captured by or derived from an
55 automatic license plate reader system.
56 (3) "Governmental entity" has the same meaning as defined in Section 63G-2-103 .

Text Box

Senate 2nd Reading Amendments 3-8-2013 lp/sch
- 3 -

Senate Committee Amendments 2-28-2013 lp/sch 57 (4) "Secured area" means an area, enclosed by clear boundaries, to which access is
58 limited and not open to the public and entry is only obtainable through specific access-control
59 points.
60 Section 3. Section 41-6a-2003 is enacted to read:
61 41-6a-2003. Automatic license plate reader systems -- Restrictions.
62 (1) Except as provided in Subsection (2), a person or governmental entity may not use
63 an automatic license plate reader system.
64 (2) An automatic license plate reader system may be used:
65 (a) by a law enforcement agency for the purpose of protecting public safety, conducting
66 criminal investigations, or ensuring compliance with local S. S. [ [ ] , [ ] ] [ and ] .S .S state
66a S. S. [ [ ] , and federal [ ] ] .S .S laws;
67 (b) by a parking enforcement entity for regulating the use of a parking facility;
68 (c) for the purpose of controlling access to a secured area;
69 (d) for the purpose of collecting an electronic toll; or
70 (e) for the purpose of enforcing motor carrier laws.
71 Section 4. Section 41-6a-2004 is enacted to read:
72 41-6a-2004. Captured plate data -- Preservation and disclosure.
73 (1) Captured plate data obtained for the purposes described in Section 41-6a-2003 :
74 (a) in accordance with Section 63G-2-305 , is a protected record under Title 63G,
75 Chapter 2, Government Records Access and Management Act S. , if the captured plate data is
75a maintained by a governmental entity .S ;
76 (b) may not be used or shared for any purpose other than the purposes described in
77 Section 41-6a-2003 ;
78 (c) may not be preserved for more than S. [ six months ] S. [ seven days for ] 30 days by a
78a1 .S private S. [ entities
78a and ] entity or .S nine months S. [ for public entities ] by a governmental entity .S .S
78b except pursuant to:
79 (i) a preservation request under Section 41-6a-2005 ;
80 (ii) a disclosure order under Subsection 41-6a-2005 (2); or
81 (iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent
82 federal warrant; and
83 (d) may only be disclosed:
84 (i) in accordance with the disclosure requirements for a S. [ private ] protected .S record
84a under Section
85 63G-2-202 ;
86 (ii) pursuant to a disclosure order under Subsection 41-6a-2005 (2); or
87 (iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an

Text Box
- 4 - 88 equivalent federal warrant.
89 (2) (a) A person or governmental entity that is authorized to use an automatic license
90 plate reader system under this part may not sell captured plate data for any purpose.
91 (b) A person or governmental entity that is authorized to use an automatic license plate
92 reader system under this part may not share captured plate date for a purpose not authorized
93 under Subsection 41-6a-2003 (2).
94 (c) Notwithstanding the provisions of this section, a governmental entity may preserve
95 and disclose aggregate captured plate data for planning and statistical purposes if the
96 information identifying a specific license plate is not preserved or disclosed.
97 Section 5. Section 41-6a-2005 is enacted to read:
98 41-6a-2005. Preservation request.
99 (1) A person or governmental entity using an automatic license plate reader system
100 shall take all steps necessary to preserve captured plate data in its possession for 14 days after
101 the date the data is captured pending the issuance of a court order requiring the disclosure of
102 the captured plate data if a governmental entity requesting the captured plate data submits a
103 written statement to the person or governmental entity using an automatic license plate reader
104 system:
105 (a) requesting the person or governmental entity to preserve the captured plate data;
106 (b) identifying:
107 (i) the camera or cameras for which captured plate data shall be preserved;
108 (ii) the license plate for which captured plate data shall be preserved; or
109 (iii) the dates and time frames for which captured plate data shall be preserved; and
110 (c) notifying the person or governmental entity maintaining the captured plate data that
111 the governmental entity is applying for a court order for disclosure of the captured plate data.
112 (2) (a) A governmental entity may apply for a court order for the disclosure of captured
113 plate data.
114 (b) A court that is a court of competent jurisdiction shall issue a court order requiring
115 the disclosure of captured plate data if the governmental entity offers specific and articulable
116 facts showing that there are reasonable grounds to believe that the captured plate data is
117 relevant and material to an ongoing criminal or missing person investigation.
118 (3) Captured plate data that is the subject of an application for a disclosure order under

Text Box

Senate 2nd Reading Amendments 3-8-2013 lp/sch
- 5 -

Senate Committee Amendments 2-28-2013 lp/sch 119 Subsection (2) may be destroyed at the later of:
120 (a) the date that an application for an order under Subsection (2) is denied and any
121 appeal exhausted;
122 (b) the end of 14 days, if the person or governmental entity does not otherwise preserve
123 the captured plate data; or
124 (c) the end of the period described in Subsection 41-6a-2004 (1)(c).
125 Section 6. Section 41-6a-2006 is enacted to read:
126 41-6a-2006. Penalties.
127 A person who violates a provision under this part is guilty of a class S. [ C ] S. [ A ]
127a B .S .S misdemeanor.
128 Section 7. Section 63G-2-305 is amended to read:
129 63G-2-305. Protected records.
130 The following records are protected if properly classified by a governmental entity:
131 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
132 has provided the governmental entity with the information specified in Section 63G-2-309 ;
133 (2) commercial information or nonindividual financial information obtained from a
134 person if:
135 (a) disclosure of the information could reasonably be expected to result in unfair
136 competitive injury to the person submitting the information or would impair the ability of the
137 governmental entity to obtain necessary information in the future;
138 (b) the person submitting the information has a greater interest in prohibiting access
139 than the public in obtaining access; and
140 (c) the person submitting the information has provided the governmental entity with
141 the information specified in Section 63G-2-309 ;
142 (3) commercial or financial information acquired or prepared by a governmental entity
143 to the extent that disclosure would lead to financial speculations in currencies, securities, or
144 commodities that will interfere with a planned transaction by the governmental entity or cause
145 substantial financial injury to the governmental entity or state economy;
146 (4) records the disclosure of which could cause commercial injury to, or confer a
147 competitive advantage upon a potential or actual competitor of, a commercial project entity as
148 defined in Subsection 11-13-103 (4);
149 (5) test questions and answers to be used in future license, certification, registration,

Text Box
- 6 - 150 employment, or academic examinations;
151 (6) records the disclosure of which would impair governmental procurement
152 proceedings or give an unfair advantage to any person proposing to enter into a contract or
153 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
154 Subsection (6) does not restrict the right of a person to have access to, once the contract or
155 grant has been awarded, a bid, proposal, or application submitted to or by a governmental
156 entity in response to:
157 (a) a request for bids;
158 (b) a request for proposals;
159 (c) a grant; or
160 (d) other similar document;
161 (7) records that would identify real property or the appraisal or estimated value of real
162 or personal property, including intellectual property, under consideration for public acquisition
163 before any rights to the property are acquired unless:
164 (a) public interest in obtaining access to the information is greater than or equal to the
165 governmental entity's need to acquire the property on the best terms possible;
166 (b) the information has already been disclosed to persons not employed by or under a
167 duty of confidentiality to the entity;
168 (c) in the case of records that would identify property, potential sellers of the described
169 property have already learned of the governmental entity's plans to acquire the property;
170 (d) in the case of records that would identify the appraisal or estimated value of
171 property, the potential sellers have already learned of the governmental entity's estimated value
172 of the property; or
173 (e) the property under consideration for public acquisition is a single family residence
174 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
175 the property as required under Section 78B-6-505 ;
176 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
177 compensated transaction of real or personal property including intellectual property, which, if
178 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
179 of the subject property, unless:
180 (a) the public interest in access is greater than or equal to the interests in restricting

Text Box
- 7 - 181 access, including the governmental entity's interest in maximizing the financial benefit of the
182 transaction; or
183 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
184 the value of the subject property have already been disclosed to persons not employed by or
185 under a duty of confidentiality to the entity;
186 (9) records created or maintained for civil, criminal, or administrative enforcement
187 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
188 release of the records:
189 (a) reasonably could be expected to interfere with investigations undertaken for
190 enforcement, discipline, licensing, certification, or registration purposes;
191 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
192 proceedings;
193 (c) would create a danger of depriving a person of a right to a fair trial or impartial
194 hearing;
195 (d) reasonably could be expected to disclose the identity of a source who is not
196 generally known outside of government and, in the case of a record compiled in the course of
197 an investigation, disclose information furnished by a source not generally known outside of
198 government if disclosure would compromise the source; or
199 (e) reasonably could be expected to disclose investigative or audit techniques,
200 procedures, policies, or orders not generally known outside of government if disclosure would
201 interfere with enforcement or audit efforts;
202 (10) records the disclosure of which would jeopardize the life or safety of an
203 individual;
204 (11) records the disclosure of which would jeopardize the security of governmental
205 property, governmental programs, or governmental recordkeeping systems from damage, theft,
206 or other appropriation or use contrary to law or public policy;
207 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
208 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
209 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
210 (13) records that, if disclosed, would reveal recommendations made to the Board of
211 Pardons and Parole by an employee of or contractor for the Department of Corrections, the

Text Box
- 8 - 212 Board of Pardons and Parole, or the Department of Human Services that are based on the
213 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
214 jurisdiction;
215 (14) records and audit workpapers that identify audit, collection, and operational
216 procedures and methods used by the State Tax Commission, if disclosure would interfere with
217 audits or collections;
218 (15) records of a governmental audit agency relating to an ongoing or planned audit
219 until the final audit is released;
220 (16) records that are subject to the attorney client privilege;
221 (17) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
222 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
223 quasi-judicial, or administrative proceeding;
224 (18) (a) (i) personal files of a state legislator, including personal correspondence to or
225 from a member of the Legislature; and
226 (ii) notwithstanding Subsection (18)(a)(i), correspondence that gives notice of
227 legislative action or policy may not be classified as protected under this section; and
228 (b) (i) an internal communication that is part of the deliberative process in connection
229 with the preparation of legislation between:
230 (A) members of a legislative body;
231 (B) a member of a legislative body and a member of the legislative body's staff; or
232 (C) members of a legislative body's staff; and
233 (ii) notwithstanding Subsection (18)(b)(i), a communication that gives notice of
234 legislative action or policy may not be classified as protected under this section;
235 (19) (a) records in the custody or control of the Office of Legislative Research and
236 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
237 legislation or contemplated course of action before the legislator has elected to support the
238 legislation or course of action, or made the legislation or course of action public; and
239 (b) notwithstanding Subsection (19)(a), the form to request legislation submitted to the
240 Office of Legislative Research and General Counsel is a public document unless a legislator
241 asks that the records requesting the legislation be maintained as protected records until such
242 time as the legislator elects to make the legislation or course of action public;

Text Box
- 9 - 243 (20) research requests from legislators to the Office of Legislative Research and
244 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
245 in response to these requests;
246 (21) drafts, unless otherwise classified as public;
247 (22) records concerning a governmental entity's strategy about:
248 (a) collective bargaining; or
249 (b) imminent or pending litigation;
250 (23) records of investigations of loss occurrences and analyses of loss occurrences that
251 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
252 Uninsured Employers' Fund, or similar divisions in other governmental entities;
253 (24) records, other than personnel evaluations, that contain a personal recommendation
254 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
255 personal privacy, or disclosure is not in the public interest;
256 (25) records that reveal the location of historic, prehistoric, paleontological, or
257 biological resources that if known would jeopardize the security of those resources or of
258 valuable historic, scientific, educational, or cultural information;
259 (26) records of independent state agencies if the disclosure of the records would
260 conflict with the fiduciary obligations of the agency;
261 (27) records of an institution within the state system of higher education defined in
262 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
263 retention decisions, and promotions, which could be properly discussed in a meeting closed in
264 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
265 the final decisions about tenure, appointments, retention, promotions, or those students
266 admitted, may not be classified as protected under this section;
267 (28) records of the governor's office, including budget recommendations, legislative
268 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
269 policies or contemplated courses of action before the governor has implemented or rejected
270 those policies or courses of action or made them public;
271 (29) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
272 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
273 recommendations in these areas;

Text Box
- 10 - 274 (30) records provided by the United States or by a government entity outside the state
275 that are given to the governmental entity with a requirement that they be managed as protected
276 records if the providing entity certifies that the record would not be subject to public disclosure
277 if retained by it;
278 (31) transcripts, minutes, or reports of the closed portion of a meeting of a public body
279 except as provided in Section 52-4-206 ;
280 (32) records that would reveal the contents of settlement negotiations but not including
281 final settlements or empirical data to the extent that they are not otherwise exempt from
282 disclosure;
283 (33) memoranda prepared by staff and used in the decision-making process by an
284 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
285 other body charged by law with performing a quasi-judicial function;
286 (34) records that would reveal negotiations regarding assistance or incentives offered
287 by or requested from a governmental entity for the purpose of encouraging a person to expand
288 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
289 person or place the governmental entity at a competitive disadvantage, but this section may not
290 be used to restrict access to a record evidencing a final contract;
291 (35) materials to which access must be limited for purposes of securing or maintaining
292 the governmental entity's proprietary protection of intellectual property rights including patents,
293 copyrights, and trade secrets;
294 (36) the name of a donor or a prospective donor to a governmental entity, including an
295 institution within the state system of higher education defined in Section 53B-1-102 , and other
296 information concerning the donation that could reasonably be expected to reveal the identity of
297 the donor, provided that:
298 (a) the donor requests anonymity in writing;
299 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
300 classified protected by the governmental entity under this Subsection (36); and
301 (c) except for an institution within the state system of higher education defined in
302 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
303 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
304 over the donor, a member of the donor's immediate family, or any entity owned or controlled

Text Box
- 11 - 305 by the donor or the donor's immediate family;
306 (37) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
307 73-18-13 ;
308 (38) a notification of workers' compensation insurance coverage described in Section
309 34A-2-205 ;
310 (39) (a) the following records of an institution within the state system of higher
311 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
312 or received by or on behalf of faculty, staff, employees, or students of the institution:
313 (i) unpublished lecture notes;
314 (ii) unpublished notes, data, and information:
315 (A) relating to research; and
316 (B) of:
317 (I) the institution within the state system of higher education defined in Section
318 53B-1-102 ; or
319 (II) a sponsor of sponsored research;
320 (iii) unpublished manuscripts;
321 (iv) creative works in process;
322 (v) scholarly correspondence; and
323 (vi) confidential information contained in research proposals;
324 (b) Subsection (39)(a) may not be construed to prohibit disclosure of public
325 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
326 (c) Subsection (39)(a) may not be construed to affect the ownership of a record;
327 (40) (a) records in the custody or control of the Office of Legislative Auditor General
328 that would reveal the name of a particular legislator who requests a legislative audit prior to the
329 date that audit is completed and made public; and
330 (b) notwithstanding Subsection (40)(a), a request for a legislative audit submitted to the
331 Office of the Legislative Auditor General is a public document unless the legislator asks that
332 the records in the custody or control of the Office of Legislative Auditor General that would
333 reveal the name of a particular legislator who requests a legislative audit be maintained as
334 protected records until the audit is completed and made public;
335 (41) records that provide detail as to the location of an explosive, including a map or

Text Box
- 12 - 336 other document that indicates the location of:
337 (a) a production facility; or
338 (b) a magazine;
339 (42) information:
340 (a) contained in the statewide database of the Division of Aging and Adult Services
341 created by Section 62A-3-311.1 ; or
342 (b) received or maintained in relation to the Identity Theft Reporting Information
343 System (IRIS) established under Section 67-5-22 ;
344 (43) information contained in the Management Information System and Licensing
345 Information System described in Title 62A, Chapter 4a, Child and Family Services;
346 (44) information regarding National Guard operations or activities in support of the
347 National Guard's federal mission;
348 (45) records provided by any pawn or secondhand business to a law enforcement
349 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
350 Secondhand Merchandise Transaction Information Act;
351 (46) information regarding food security, risk, and vulnerability assessments performed
352 by the Department of Agriculture and Food;
353 (47) except to the extent that the record is exempt from this chapter pursuant to Section
354 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
355 prepared or maintained by the Division of Emergency Management, and the disclosure of
356 which would jeopardize:
357 (a) the safety of the general public; or
358 (b) the security of:
359 (i) governmental property;
360 (ii) governmental programs; or
361 (iii) the property of a private person who provides the Division of Emergency
362 Management information;
363 (48) records of the Department of Agriculture and Food that provides for the
364 identification, tracing, or control of livestock diseases, including any program established under
365 Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Control of
366 Animal Disease;

Text Box
- 13 - 367 (49) as provided in Section 26-39-501 :
368 (a) information or records held by the Department of Health related to a complaint
369 regarding a child care program or residential child care which the department is unable to
370 substantiate; and
371 (b) information or records related to a complaint received by the Department of Health
372 from an anonymous complainant regarding a child care program or residential child care;
373 (50) unless otherwise classified as public under Section 63G-2-301 and except as
374 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
375 personal mobile phone number, if:
376 (a) the individual is required to provide the information in order to comply with a law,
377 ordinance, rule, or order of a government entity; and
378 (b) the subject of the record has a reasonable expectation that this information will be
379 kept confidential due to:
380 (i) the nature of the law, ordinance, rule, or order; and
381 (ii) the individual complying with the law, ordinance, rule, or order;
382 (51) the name, home address, work addresses, and telephone numbers of an individual
383 that is engaged in, or that provides goods or services for, medical or scientific research that is:
384 (a) conducted within the state system of higher education, as defined in Section
385 53B-1-102 ; and
386 (b) conducted using animals;
387 (52) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
388 Private Proposal Program, to the extent not made public by rules made under that chapter;
389 (53) in accordance with Section 78A-12-203 , any record of the Judicial Performance
390 Evaluation Commission concerning an individual commissioner's vote on whether or not to
391 recommend that the voters retain a judge;
392 (54) information collected and a report prepared by the Judicial Performance
393 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
394 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
395 the information or report;
396 (55) records contained in the Management Information System created in Section
397 62A-4a-1003 ;

Text Box
- 14 - 398 (56) records provided or received by the Public Lands Policy Coordinating Office in
399 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
400 (57) information requested by and provided to the Utah State 911 Committee under
401 Section 53-10-602 ;
402 (58) recorded Children's Justice Center investigative interviews, both video and audio,
403 the release of which are governed by Section 77-37-4 ;
404 (59) in accordance with Section 73-10-33 :
405 (a) a management plan for a water conveyance facility in the possession of the Division
406 of Water Resources or the Board of Water Resources; or
407 (b) an outline of an emergency response plan in possession of the state or a county or
408 municipality;
409 (60) the following records in the custody or control of the Office of Inspector General
410 of Medicaid Services, created in Section 63J-4a-201 :
411 (a) records that would disclose information relating to allegations of personal
412 misconduct, gross mismanagement, or illegal activity of a person if the information or
413 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
414 through other documents or evidence, and the records relating to the allegation are not relied
415 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
416 report or final audit report;
417 (b) records and audit workpapers to the extent they would disclose the identity of a
418 person who, during the course of an investigation or audit, communicated the existence of any
419 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
420 regulation adopted under the laws of this state, a political subdivision of the state, or any
421 recognized entity of the United States, if the information was disclosed on the condition that
422 the identity of the person be protected;
423 (c) before the time that an investigation or audit is completed and the final
424 investigation or final audit report is released, records or drafts circulated to a person who is not
425 an employee or head of a governmental entity for the person's response or information;
426 (d) records that would disclose an outline or part of any investigation, audit survey
427 plan, or audit program; or
428 (e) requests for an investigation or audit, if disclosure would risk circumvention of an

Text Box
- 15 - 429 investigation or audit;
430 (61) records that reveal methods used by the Office of Inspector General of Medicaid
431 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
432 abuse;
433 (62) information provided to the Department of Health or the Division of Occupational
434 and Professional Licensing under Subsection 58-68-304 (3) or (4); [and]
435 (63) a record described in Section 63G-12-210 [.]; and
436 (64) captured plate data that is obtained through an automatic license plate reader
437 system used by a governmental entity as authorized in Section 41-6a-2003 .

[Bill Documents]