H.B. 227
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7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to the status of information on a request for
10 legislation form.
11 Highlighted Provisions:
12 This bill:
13 . provides that information on a request for legislation form that identifies the name
14 of the legislator submitting the form, the date the form is submitted, and the short
15 title assigned to the requested legislation is public information, even if the legislator
16 requests that the form otherwise remain protected; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63G-2-305 , as last amended by Laws of Utah 2013, Chapters 12, 445, and 447
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63G-2-305 is amended to read:
28 63G-2-305. Protected records.
29 The following records are protected if properly classified by a governmental entity:
30 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
31 has provided the governmental entity with the information specified in Section 63G-2-309 ;
32 (2) commercial information or nonindividual financial information obtained from a
33 person if:
34 (a) disclosure of the information could reasonably be expected to result in unfair
35 competitive injury to the person submitting the information or would impair the ability of the
36 governmental entity to obtain necessary information in the future;
37 (b) the person submitting the information has a greater interest in prohibiting access
38 than the public in obtaining access; and
39 (c) the person submitting the information has provided the governmental entity with
40 the information specified in Section 63G-2-309 ;
41 (3) commercial or financial information acquired or prepared by a governmental entity
42 to the extent that disclosure would lead to financial speculations in currencies, securities, or
43 commodities that will interfere with a planned transaction by the governmental entity or cause
44 substantial financial injury to the governmental entity or state economy;
45 (4) records, the disclosure of which could cause commercial injury to, or confer a
46 competitive advantage upon a potential or actual competitor of, a commercial project entity as
47 defined in Subsection 11-13-103 (4);
48 (5) test questions and answers to be used in future license, certification, registration,
49 employment, or academic examinations;
50 (6) records, the disclosure of which would impair governmental procurement
51 proceedings or give an unfair advantage to any person proposing to enter into a contract or
52 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
53 Subsection (6) does not restrict the right of a person to have access to, after the contract or
54 grant has been awarded and signed by all parties, a bid, proposal, application, or other
55 information submitted to or by a governmental entity in response to:
56 (a) an invitation for bids;
57 (b) a request for proposals;
58 (c) a request for quotes;
59 (d) a grant; or
60 (e) other similar document;
61 (7) information submitted to or by a governmental entity in response to a request for
62 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
63 the right of a person to have access to the information, after:
64 (a) a contract directly relating to the subject of the request for information has been
65 awarded and signed by all parties; or
66 (b) (i) a final determination is made not to enter into a contract that relates to the
67 subject of the request for information; and
68 (ii) at least two years have passed after the day on which the request for information is
69 issued;
70 (8) records that would identify real property or the appraisal or estimated value of real
71 or personal property, including intellectual property, under consideration for public acquisition
72 before any rights to the property are acquired unless:
73 (a) public interest in obtaining access to the information is greater than or equal to the
74 governmental entity's need to acquire the property on the best terms possible;
75 (b) the information has already been disclosed to persons not employed by or under a
76 duty of confidentiality to the entity;
77 (c) in the case of records that would identify property, potential sellers of the described
78 property have already learned of the governmental entity's plans to acquire the property;
79 (d) in the case of records that would identify the appraisal or estimated value of
80 property, the potential sellers have already learned of the governmental entity's estimated value
81 of the property; or
82 (e) the property under consideration for public acquisition is a single family residence
83 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
84 the property as required under Section 78B-6-505 ;
85 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
86 compensated transaction of real or personal property including intellectual property, which, if
87 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
88 of the subject property, unless:
89 (a) the public interest in access is greater than or equal to the interests in restricting
90 access, including the governmental entity's interest in maximizing the financial benefit of the
91 transaction; or
92 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
93 the value of the subject property have already been disclosed to persons not employed by or
94 under a duty of confidentiality to the entity;
95 (10) records created or maintained for civil, criminal, or administrative enforcement
96 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
97 release of the records:
98 (a) reasonably could be expected to interfere with investigations undertaken for
99 enforcement, discipline, licensing, certification, or registration purposes;
100 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
101 proceedings;
102 (c) would create a danger of depriving a person of a right to a fair trial or impartial
103 hearing;
104 (d) reasonably could be expected to disclose the identity of a source who is not
105 generally known outside of government and, in the case of a record compiled in the course of
106 an investigation, disclose information furnished by a source not generally known outside of
107 government if disclosure would compromise the source; or
108 (e) reasonably could be expected to disclose investigative or audit techniques,
109 procedures, policies, or orders not generally known outside of government if disclosure would
110 interfere with enforcement or audit efforts;
111 (11) records the disclosure of which would jeopardize the life or safety of an
112 individual;
113 (12) records the disclosure of which would jeopardize the security of governmental
114 property, governmental programs, or governmental recordkeeping systems from damage, theft,
115 or other appropriation or use contrary to law or public policy;
116 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
117 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
118 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
119 (14) records that, if disclosed, would reveal recommendations made to the Board of
120 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
121 Board of Pardons and Parole, or the Department of Human Services that are based on the
122 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
123 jurisdiction;
124 (15) records and audit workpapers that identify audit, collection, and operational
125 procedures and methods used by the State Tax Commission, if disclosure would interfere with
126 audits or collections;
127 (16) records of a governmental audit agency relating to an ongoing or planned audit
128 until the final audit is released;
129 (17) records that are subject to the attorney client privilege;
130 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
131 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
132 quasi-judicial, or administrative proceeding;
133 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
134 from a member of the Legislature; and
135 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
136 legislative action or policy may not be classified as protected under this section; and
137 (b) (i) an internal communication that is part of the deliberative process in connection
138 with the preparation of legislation between:
139 (A) members of a legislative body;
140 (B) a member of a legislative body and a member of the legislative body's staff; or
141 (C) members of a legislative body's staff; and
142 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
143 legislative action or policy may not be classified as protected under this section;
144 (20) [
145 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
146 legislation or contemplated course of action before the legislator has elected to support the
147 legislation or course of action, or made the legislation or course of action public[
148 that:
149 [
150 (a) a form to request legislation submitted to the Office of Legislative Research and
151 General Counsel is a public [
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153 be maintained as a protected [
154 legislation or course of action public; and
155 (b) information on a request form that identifies the legislator submitting the request
156 form, the date the request form is submitted, and the short title by which the requested
157 legislation is designated is public information, even if the legislator submitting the request form
158 asks that the request form otherwise be maintained as a protected record under Subsection
159 (20)(a);
160 (21) research requests from legislators to the Office of Legislative Research and
161 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
162 in response to these requests;
163 (22) drafts, unless otherwise classified as public;
164 (23) records concerning a governmental entity's strategy about:
165 (a) collective bargaining; or
166 (b) imminent or pending litigation;
167 (24) records of investigations of loss occurrences and analyses of loss occurrences that
168 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
169 Uninsured Employers' Fund, or similar divisions in other governmental entities;
170 (25) records, other than personnel evaluations, that contain a personal recommendation
171 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
172 personal privacy, or disclosure is not in the public interest;
173 (26) records that reveal the location of historic, prehistoric, paleontological, or
174 biological resources that if known would jeopardize the security of those resources or of
175 valuable historic, scientific, educational, or cultural information;
176 (27) records of independent state agencies if the disclosure of the records would
177 conflict with the fiduciary obligations of the agency;
178 (28) records of an institution within the state system of higher education defined in
179 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
180 retention decisions, and promotions, which could be properly discussed in a meeting closed in
181 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
182 the final decisions about tenure, appointments, retention, promotions, or those students
183 admitted, may not be classified as protected under this section;
184 (29) records of the governor's office, including budget recommendations, legislative
185 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
186 policies or contemplated courses of action before the governor has implemented or rejected
187 those policies or courses of action or made them public;
188 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
189 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
190 recommendations in these areas;
191 (31) records provided by the United States or by a government entity outside the state
192 that are given to the governmental entity with a requirement that they be managed as protected
193 records if the providing entity certifies that the record would not be subject to public disclosure
194 if retained by it;
195 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
196 except as provided in Section 52-4-206 ;
197 (33) records that would reveal the contents of settlement negotiations but not including
198 final settlements or empirical data to the extent that they are not otherwise exempt from
199 disclosure;
200 (34) memoranda prepared by staff and used in the decision-making process by an
201 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
202 other body charged by law with performing a quasi-judicial function;
203 (35) records that would reveal negotiations regarding assistance or incentives offered
204 by or requested from a governmental entity for the purpose of encouraging a person to expand
205 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
206 person or place the governmental entity at a competitive disadvantage, but this section may not
207 be used to restrict access to a record evidencing a final contract;
208 (36) materials to which access must be limited for purposes of securing or maintaining
209 the governmental entity's proprietary protection of intellectual property rights including patents,
210 copyrights, and trade secrets;
211 (37) the name of a donor or a prospective donor to a governmental entity, including an
212 institution within the state system of higher education defined in Section 53B-1-102 , and other
213 information concerning the donation that could reasonably be expected to reveal the identity of
214 the donor, provided that:
215 (a) the donor requests anonymity in writing;
216 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
217 classified protected by the governmental entity under this Subsection (37); and
218 (c) except for an institution within the state system of higher education defined in
219 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
220 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
221 over the donor, a member of the donor's immediate family, or any entity owned or controlled
222 by the donor or the donor's immediate family;
223 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
224 73-18-13 ;
225 (39) a notification of workers' compensation insurance coverage described in Section
226 34A-2-205 ;
227 (40) (a) the following records of an institution within the state system of higher
228 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
229 or received by or on behalf of faculty, staff, employees, or students of the institution:
230 (i) unpublished lecture notes;
231 (ii) unpublished notes, data, and information:
232 (A) relating to research; and
233 (B) of:
234 (I) the institution within the state system of higher education defined in Section
235 53B-1-102 ; or
236 (II) a sponsor of sponsored research;
237 (iii) unpublished manuscripts;
238 (iv) creative works in process;
239 (v) scholarly correspondence; and
240 (vi) confidential information contained in research proposals;
241 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
242 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
243 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
244 (41) (a) records in the custody or control of the Office of Legislative Auditor General
245 that would reveal the name of a particular legislator who requests a legislative audit prior to the
246 date that audit is completed and made public; and
247 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
248 Office of the Legislative Auditor General is a public document unless the legislator asks that
249 the records in the custody or control of the Office of Legislative Auditor General that would
250 reveal the name of a particular legislator who requests a legislative audit be maintained as
251 protected records until the audit is completed and made public;
252 (42) records that provide detail as to the location of an explosive, including a map or
253 other document that indicates the location of:
254 (a) a production facility; or
255 (b) a magazine;
256 (43) information:
257 (a) contained in the statewide database of the Division of Aging and Adult Services
258 created by Section 62A-3-311.1 ; or
259 (b) received or maintained in relation to the Identity Theft Reporting Information
260 System (IRIS) established under Section 67-5-22 ;
261 (44) information contained in the Management Information System and Licensing
262 Information System described in Title 62A, Chapter 4a, Child and Family Services;
263 (45) information regarding National Guard operations or activities in support of the
264 National Guard's federal mission;
265 (46) records provided by any pawn or secondhand business to a law enforcement
266 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
267 Secondhand Merchandise Transaction Information Act;
268 (47) information regarding food security, risk, and vulnerability assessments performed
269 by the Department of Agriculture and Food;
270 (48) except to the extent that the record is exempt from this chapter pursuant to Section
271 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
272 prepared or maintained by the Division of Emergency Management, and the disclosure of
273 which would jeopardize:
274 (a) the safety of the general public; or
275 (b) the security of:
276 (i) governmental property;
277 (ii) governmental programs; or
278 (iii) the property of a private person who provides the Division of Emergency
279 Management information;
280 (49) records of the Department of Agriculture and Food that provides for the
281 identification, tracing, or control of livestock diseases, including any program established under
282 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
283 of Animal Disease;
284 (50) as provided in Section 26-39-501 :
285 (a) information or records held by the Department of Health related to a complaint
286 regarding a child care program or residential child care which the department is unable to
287 substantiate; and
288 (b) information or records related to a complaint received by the Department of Health
289 from an anonymous complainant regarding a child care program or residential child care;
290 (51) unless otherwise classified as public under Section 63G-2-301 and except as
291 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
292 personal mobile phone number, if:
293 (a) the individual is required to provide the information in order to comply with a law,
294 ordinance, rule, or order of a government entity; and
295 (b) the subject of the record has a reasonable expectation that this information will be
296 kept confidential due to:
297 (i) the nature of the law, ordinance, rule, or order; and
298 (ii) the individual complying with the law, ordinance, rule, or order;
299 (52) the name, home address, work addresses, and telephone numbers of an individual
300 that is engaged in, or that provides goods or services for, medical or scientific research that is:
301 (a) conducted within the state system of higher education, as defined in Section
302 53B-1-102 ; and
303 (b) conducted using animals;
304 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
305 Private Proposal Program, to the extent not made public by rules made under that chapter;
306 (54) in accordance with Section 78A-12-203 , any record of the Judicial Performance
307 Evaluation Commission concerning an individual commissioner's vote on whether or not to
308 recommend that the voters retain a judge;
309 (55) information collected and a report prepared by the Judicial Performance
310 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
311 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
312 the information or report;
313 (56) records contained in the Management Information System created in Section
314 62A-4a-1003 ;
315 (57) records provided or received by the Public Lands Policy Coordinating Office in
316 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
317 (58) information requested by and provided to the Utah State 911 Committee under
318 Section 53-10-602 ;
319 (59) recorded Children's Justice Center investigative interviews, both video and audio,
320 the release of which are governed by Section 77-37-4 ;
321 (60) in accordance with Section 73-10-33 :
322 (a) a management plan for a water conveyance facility in the possession of the Division
323 of Water Resources or the Board of Water Resources; or
324 (b) an outline of an emergency response plan in possession of the state or a county or
325 municipality;
326 (61) the following records in the custody or control of the Office of Inspector General
327 of Medicaid Services, created in Section 63A-13-201 :
328 (a) records that would disclose information relating to allegations of personal
329 misconduct, gross mismanagement, or illegal activity of a person if the information or
330 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
331 through other documents or evidence, and the records relating to the allegation are not relied
332 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
333 report or final audit report;
334 (b) records and audit workpapers to the extent they would disclose the identity of a
335 person who, during the course of an investigation or audit, communicated the existence of any
336 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
337 regulation adopted under the laws of this state, a political subdivision of the state, or any
338 recognized entity of the United States, if the information was disclosed on the condition that
339 the identity of the person be protected;
340 (c) before the time that an investigation or audit is completed and the final
341 investigation or final audit report is released, records or drafts circulated to a person who is not
342 an employee or head of a governmental entity for the person's response or information;
343 (d) records that would disclose an outline or part of any investigation, audit survey
344 plan, or audit program; or
345 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
346 investigation or audit;
347 (62) records that reveal methods used by the Office of Inspector General of Medicaid
348 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
349 abuse;
350 (63) information provided to the Department of Health or the Division of Occupational
351 and Professional Licensing under Subsection 58-68-304 (3) or (4);
352 (64) a record described in Section 63G-12-210 ; and
353 (65) captured plate data that is obtained through an automatic license plate reader
354 system used by a governmental entity as authorized in Section 41-6a-2003 .
Legislative Review Note
as of 5-15-13 3:36 PM