Representative Rebecca P. Edwards proposes the following substitute bill:


1     
VOTER RECORDS AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the accessibility of a voter registration record.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends notifications on the voter registration form;
14          ▸     allows any individual to apply to have the individual's entire voter registration
15     record classified as a private record; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-2-104, as last amended by Laws of Utah 2015, Chapter 130
24          20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
25          20A-2-306, as last amended by Laws of Utah 2014, Chapter 373

26          20A-6-105, as last amended by Laws of Utah 2014, Chapter 373
27          63G-2-202, as last amended by Laws of Utah 2016, Chapter 348
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 20A-2-104 is amended to read:
31          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
32          (1) An individual applying for voter registration, or an individual preregistering to
33     vote, shall complete a voter registration form in substantially the following form:
34     -----------------------------------------------------------------------------------------------------------------
35     
UTAH ELECTION REGISTRATION FORM

36     Are you a citizen of the United States of America?                    Yes     No
37     If you checked "no" to the above question, do not complete this form.
38     Will you be 18 years of age on or before election day?          Yes     No
39     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
40     vote?                                                  Yes     No
41     If you checked "no" to both of the prior two questions, do not complete this form.
42     Name of Voter
43     _________________________________________________________________
44                         First                Middle            Last
45     Utah Driver License or Utah Identification Card Number____________________________
46     Date of Birth ______________________________________________________
47     Street Address of Principal Place of Residence
48     ____________________________________________________________________________
49          City            County            State            Zip Code
50     Telephone Number (optional) _________________________
51     Last four digits of Social Security Number ______________________
52     Last former address at which I was registered to vote (if
53     known)__________________________
54     ____________________________________________________________________________
55          City               County               State           Zip Code
56     Political Party

57     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
58     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
59      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
60          I do swear (or affirm), subject to penalty of law for false statements, that the
61     information contained in this form is true, and that I am a citizen of the United States and a
62     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
63     am preregistering to vote in a later election, I will be at least 18 years of age and will have
64     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
65     currently incarcerated for commission of a felony.
66          Signed and sworn
67          __________________________________________________________
68                              Voter's Signature
69          _______________(month/day/year).
70          ["]The portion of a voter registration form that lists a person's driver license or
71     identification card number, social security number, and email address is a private record. The
72     portion of a voter registration form that lists a person's date of birth is a private record, the use
73     of which is restricted to government officials, government employees, political parties, or
74     certain other persons.
75          [If you believe that disclosure of any information contained in this voter registration
76     form to a person other than a government official or government employee is likely to put you
77     or a member of your household's life or safety at risk, or to put you or a member of your
78     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
79     or your county clerk to have your entire voter registration record classified as private.["]
80     
CITIZENSHIP AFFIDAVIT

81     Name:
82     Name at birth, if different:
83     Place of birth:
84     Date of birth:
85     Date and place of naturalization (if applicable):
86          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
87     citizen and that to the best of my knowledge and belief the information above is true and

88     correct.
89     ____________________________
90     Signature of Applicant
91          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
92     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
93     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
94     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
95     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
96     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
97     PHOTOGRAPH; OR
98     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
99     CURRENT ADDRESS.
100     FOR OFFICIAL USE ONLY
101                                   Type of I.D. ____________________________
102                                   Voting Precinct _________________________
103                                   Voting I.D. Number _____________________
104     ------------------------------------------------------------------------------------------------------------------
105          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
106     of each voter registration form in a permanent countywide alphabetical file, which may be
107     electronic or some other recognized system.
108          (b) The county clerk may transfer a superseded voter registration form to the Division
109     of Archives and Records Service created under Section 63A-12-101.
110          (3) (a) Each county clerk shall retain lists of currently registered voters.
111          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
112          (c) If there are any discrepancies between the two lists, the county clerk's list is the
113     official list.
114          (d) The lieutenant governor and the county clerks may charge the fees established
115     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
116     the list of registered voters.
117          (4) (a) As used in this Subsection (4), "qualified person" means:
118          (i) a government official or government employee acting in the government official's or

119     government employee's capacity as a government official or a government employee;
120          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
121     independent contractor of a health care provider;
122          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
123     independent contractor of an insurance company;
124          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
125     independent contractor of a financial institution;
126          (v) (A) a political party, or an agent, employee, or independent contractor of a political
127     party; or
128          (B) a candidate, or an agent of a candidate, who has filed a declaration of candidacy or
129     a certificate of nomination for elective office; or
130          (vi) a person, or an agent, employee, or independent contractor of the person, who:
131          (A) provides the date of birth of a registered voter that is obtained from the list of
132     registered voters only to a person who is a qualified person;
133          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a date of
134     birth that is obtained from the list of registered voters is provided, is a qualified person;
135          (C) ensures, using industry standard security measures, that the date of birth of a
136     registered voter that is obtained from the list of registered voters may not be accessed by a
137     person other than a qualified person;
138          (D) verifies that each qualified person, other than a qualified person described in
139     Subsection (4)(a)(i) or (v), to whom the person provides the date of birth of a registered voter
140     that is obtained from the list of registered voters, will only use the date of birth to verify the
141     accuracy of personal information submitted by an individual or to confirm the identity of a
142     person in order to prevent fraud, waste, or abuse;
143          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
144     person provides the date of birth of a registered voter that is obtained from the list of registered
145     voters, will only use the date of birth in the qualified person's capacity as a government official
146     or government employee; and
147          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
148     person provides the date of birth of a registered voter that is obtained from the list of registered
149     voters, will only use the date of birth for a political purpose.

150          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
151     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
152     the list of registered voters to a qualified person under this section, include, with the list, the
153     dates of birth of the registered voters, if:
154          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
155     the person is a qualified person; and
156          (ii) the qualified person signs a document that includes the following:
157          (A) the name, address, and telephone number of the person requesting the list of
158     registered voters;
159          (B) an indication of the type of qualified person that the person requesting the list
160     claims to be;
161          (C) a statement regarding the purpose for which the person desires to obtain the dates
162     of birth;
163          (D) a list of the purposes for which the date of birth of a registered voter that is
164     obtained from the list of registered voters may be used;
165          (E) a statement that the date of birth of a registered voter that is obtained from the list
166     of registered voters may not be provided or used for a purpose other than a purpose described
167     under Subsection (4)(b)(ii)(D);
168          (F) a statement that if the person obtains the date of birth of a registered voter from the
169     list of registered voters under false pretenses, or provides or uses the date of birth of a
170     registered voter that is obtained from the list of registered voters in a manner that is prohibited
171     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
172          (G) an assertion from the person that the person will not provide or use the date of birth
173     of a registered voter that is obtained from the list of registered voters in a manner that is
174     prohibited by law; and
175          (H) notice that if the person makes a false statement in the document, the person is
176     punishable by law under Section 76-8-504.
177          (c) The lieutenant governor or a county clerk may not disclose the date of birth of a
178     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
179          (i) is not a qualified person or a person described in Subsection (4)[(k)](j); or
180          (ii) will provide or use the date of birth in a manner prohibited by law.

181          (d) The lieutenant governor or a county clerk may not disclose the voter registration
182     form of a person, or information included in the person's voter registration form, whose voter
183     registration form is classified as private under Subsection (4)(f) to a person other than a
184     government official or government employee acting in the government official's or government
185     employee's capacity as a government official or government employee.
186          (e) A person is guilty of a class A misdemeanor if the person:
187          (i) obtains the date of birth of a registered voter from the list of registered voters under
188     false pretenses; or
189          (ii) uses or provides the date of birth of a registered voter that is obtained from the list
190     of registered voters, in a manner that is not permitted by law.
191          (f) The lieutenant governor or a county clerk shall classify the voter registration record
192     of a voter as a private record if the voter submits[:(i)] a written application, created by the
193     lieutenant governor, requesting that the voter's voter registration record be classified as
194     private[; and].
195          [(ii) provides evidence to the lieutenant governor or a county clerk establishing that
196     release of the information on the voter's voter registration record is likely to put the voter or a
197     member of the voter's household's life or safety at risk, or to put the voter or a member of the
198     voter's household at risk of being stalked or harassed.]
199          [(g) The evidence described in Subsection (4)(f) may include:]
200          [(i) a protective order;]
201          [(ii) a police report; or]
202          [(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
203     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
204     Lieutenant Governor.]
205          [(h)] (g) In addition to any criminal penalty that may be imposed under this section, the
206     lieutenant governor may impose a civil fine against a person who obtains the date of birth of a
207     registered voter from the list of registered voters under false pretenses, or provides or uses a
208     date of birth of a registered voter that is obtained from the list of registered voters in a manner
209     that is not permitted by law, in an amount equal to the greater of:
210          (i) the product of 30 and the square root of the total number of dates of birth obtained,
211     provided, or used unlawfully, rounded to the nearest whole dollar; or

212          (ii) $200.
213          [(i)] (h) A qualified person may not obtain, provide, or use the date of birth of a
214     registered voter, if the date of birth is obtained from the list of registered voters or from a voter
215     registration record, unless the person:
216          (i) is a government official or government employee who obtains, provides, or uses the
217     date of birth in the government official's or government employee's capacity as a government
218     official or government employee;
219          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
220     uses the date of birth only to verify the accuracy of personal information submitted by an
221     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
222          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
223     uses the date of birth for a political purpose; or
224          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
225     uses the date of birth to provide the date of birth to another qualified person to verify the
226     accuracy of personal information submitted by an individual or to confirm the identity of a
227     person in order to prevent fraud, waste, or abuse.
228          [(j)] (i) A person who is not a qualified person may not obtain, provide, or use the date
229     of birth of a registered voter, if the date of birth is obtained from the list of registered voters or
230     from a voter registration record, unless the person:
231          (i) is a candidate for public office and uses the date of birth only for a political purpose;
232     or
233          (ii) obtains the date of birth from a political party or a candidate for public office and
234     uses the date of birth only for the purpose of assisting the political party or candidate for public
235     office to fulfill a political purpose.
236          [(k)] (j) The lieutenant governor or a county clerk may provide a date of birth to a
237     member of the media, in relation to an individual designated by the member of the media, in
238     order for the member of the media to verify the identity of the individual.
239          (5) When political parties not listed on the voter registration form qualify as registered
240     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
241     lieutenant governor shall inform the county clerks about the name of the new political party
242     and direct the county clerks to ensure that the voter registration form is modified to include that

243     political party.
244          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
245     clerk's designee shall:
246          (a) review each voter registration form for completeness and accuracy; and
247          (b) if the county clerk believes, based upon a review of the form, that an individual
248     may be seeking to register or preregister to vote who is not legally entitled to register or
249     preregister to vote, refer the form to the county attorney for investigation and possible
250     prosecution.
251          Section 2. Section 20A-2-108 is amended to read:
252          20A-2-108. Driver license registration form -- Transmittal of information.
253          (1) The lieutenant governor and the Driver License Division shall design the driver
254     license application and renewal forms to include the following questions:
255          (a) "If you are not registered to vote where you live now, would you like to register to
256     vote today?"; and
257          (b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
258     the next election, would you like to preregister to vote today?"
259          (2) (a) The lieutenant governor and the Driver License Division shall design a motor
260     voter registration form to be used in conjunction with driver license application and renewal
261     forms.
262          (b) Each driver license application and renewal form shall contain:
263          (i) a place for the applicant to decline to register or preregister to vote;
264          (ii) an eligibility statement in substantially the following form:
265          "I do swear (or affirm), subject to penalty of law for false statements, that the
266     information contained in this form is true, and that I am a citizen of the United States and a
267     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
268     am preregistering to vote in a later election, I will be at least 18 years of age and will have
269     resided in Utah for 30 days immediately before the next election.
270     Signed and sworn
271     ____________________________________________________
272                    Voter's Signature
273     __________(month\day\year)";

274          (iii) a citizenship affidavit in substantially the following form:
275     
"CITIZENSHIP AFFIDAVIT

276     Name:
277     Name at birth, if different:
278     Place of birth:
279     Date of birth:
280     Date and place of naturalization (if applicable):
281          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
282     citizen and that to the best of my knowledge and belief the information above is true and
283     correct.
284     ____________________________
285     Signature of Applicant
286          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
287     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
288     register or preregister to vote is up to one year in jail and a fine of up to $2,500";
289          (iv) a statement that if an applicant declines to register or preregister to vote, the fact
290     that the applicant has declined to register or preregister will remain confidential and will be
291     used only for voter registration purposes;
292          (v) a statement that if an applicant does register or preregister to vote, the office at
293     which the applicant submits a voter registration application will remain confidential and will be
294     used only for voter registration purposes; and
295          (vi) the following statement:
296          "The portion of a voter registration form that lists a person's driver license or
297     identification card number, social security number, and email address is a private record. The
298     portion of a voter registration form that lists a person's date of birth is a private record, the use
299     of which is restricted to government officials, government employees, political parties, or
300     certain other persons.
301          [If you believe that disclosure of any information contained in this voter registration
302     form to a person other than a government official or government employee is likely to put you
303     or a member of your household's life or safety at risk, or to put you or a member of your
304     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor

305     or your county clerk to have your entire voter registration record classified as private."
306          (3) Upon receipt of a voter registration form from an [applicant] individual, the county
307     clerk or the clerk's designee shall:
308          (a) review the voter registration form for completeness and accuracy; and
309          (b) if the county clerk believes, based upon a review of the form, that [a person] the
310     individual may be seeking to register or preregister to vote [who] and is not legally entitled to
311     register or preregister to vote, refer the form to the county attorney for investigation and
312     possible prosecution.
313          Section 3. Section 20A-2-306 is amended to read:
314          20A-2-306. Removing names from the official register -- Determining and
315     confirming change of residence.
316          (1) A county clerk may not remove a voter's name from the official register on the
317     grounds that the voter has changed residence unless the voter:
318          (a) confirms in writing that the voter has changed residence to a place outside the
319     county; or
320          (b) (i) has not voted in an election during the period beginning on the date of the notice
321     required by Subsection (3), and ending on the day after the date of the second regular general
322     election occurring after the date of the notice; and
323          (ii) has failed to respond to the notice required by Subsection (3).
324          (2) (a) When a county clerk obtains information that a voter's address has changed and
325     it appears that the voter still resides within the same county, the county clerk shall:
326          (i) change the official register to show the voter's new address; and
327          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
328     printed on a postage prepaid, preaddressed return form.
329          (b) When a county clerk obtains information that a voter's address has changed and it
330     appears that the voter now resides in a different county, the county clerk shall verify the
331     changed residence by sending to the voter, by forwardable mail, the notice required by
332     Subsection (3) printed on a postage prepaid, preaddressed return form.
333          (3) Each county clerk shall use substantially the following form to notify voters whose
334     addresses have changed:
335          "VOTER REGISTRATION NOTICE

336          We have been notified that your residence has changed. Please read, complete, and
337     return this form so that we can update our voter registration records. What is your current
338     street address?
339     ___________________________________________________________________________
340     Street                      City                County          State          Zip
341          If you have not changed your residence or have moved but stayed within the same
342     county, you must complete and return this form to the county clerk so that it is received by the
343     county clerk no later than 30 days before the date of the election. If you fail to return this form
344     within that time:
345          - you may be required to show evidence of your address to the poll worker before being
346     allowed to vote in either of the next two regular general elections; or
347          - if you fail to vote at least once from the date this notice was mailed until the passing
348     of two regular general elections, you will no longer be registered to vote. If you have changed
349     your residence and have moved to a different county in Utah, you may register to vote by
350     contacting the county clerk in your county.
351     ________________________________________
352     Signature of Voter["]
353          ["]The portion of a voter registration form that lists a person's driver license or
354     identification card number, social security number, and email address is a private record. The
355     portion of a voter registration form that lists a person's date of birth is a private record, the use
356     of which is restricted to government officials, government employees, political parties, or
357     certain other persons.
358          [If you believe that disclosure of any information contained in this voter registration
359     form to a person other than a government official or government employee is likely to put you
360     or a member of your household's life or safety at risk, or to put you or a member of your
361     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
362     or your county clerk to have your entire voter registration record classified as private."
363          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
364     names of any voters from the official register during the 90 days before a regular primary
365     election and the 90 days before a regular general election.
366          (b) The county clerk may remove the names of voters from the official register during

367     the 90 days before a regular primary election and the 90 days before a regular general election
368     if:
369          (i) the voter requests, in writing, that the voter's name be removed; or
370          (ii) the voter has died.
371          (c) (i) After a county clerk mails a notice as required in this section, the clerk may list
372     that voter as inactive.
373          (ii) An inactive voter shall be allowed to vote, sign petitions, and have all other
374     privileges of a registered voter.
375          (iii) A county is not required to send routine mailings to inactive voters and is not
376     required to count inactive voters when dividing precincts and preparing supplies.
377          Section 4. Section 20A-6-105 is amended to read:
378          20A-6-105. Provisional ballot envelopes.
379          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
380     substantially the following form:
381          "AFFIRMATION
382     Are you a citizen of the United States of America? Yes No
383     Will you be 18 years old on or before election day? Yes No
384     If you checked "no" in response to either of the two above questions, do not complete this
385     form.
386          Name of Voter _________________________________________________________
387                         First                Middle               Last
388          Driver License or Identification Card Number _________________________________
389          State of Issuance of Driver License or Identification Card Number _________________
390          Date of Birth ___________________________________________________________
391          Street Address of Principal Place of Residence
392          ______________________________________________________________________
393               City               County               State          Zip Code
394          Telephone Number (optional) ______________________________________________
395          Last four digits of Social Security Number ____________________________
396          Last former address at which I was registered to vote (if known)
397          ______________________________________________________________________

398               City               County               State          Zip Code
399          Voting Precinct (if known)
400     _________________________________________________
401          I, (please print your full name)__________________________do solemnly swear or
402     affirm:
403          That I am currently registered to vote in the state of Utah and am eligible to vote in this
404     election; that I have not voted in this election in any other precinct; that I am eligible to vote in
405     this precinct; and that I request that I be permitted to vote in this precinct; and
406          Subject to penalty of law for false statements, that the information contained in this
407     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
408     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
409     immediately before this election.
410     Signed ______________________________________________________________________
411     Dated ______________________________________________________________________
412          In accordance with Section 20A-3-506, wilfully providing false information above is a
413     class B misdemeanor under Utah law and is punishable by imprisonment and by fine.["]
414          ["]The portion of a voter registration form that lists a person's driver license or
415     identification card number, social security number, and email address is a private record. The
416     portion of a voter registration form that lists a person's date of birth is a private record, the use
417     of which is restricted to government o fficials, government employees, political parties, or
418     certain other persons.
419          [If you believe that disclosure of any information contained in this voter registration
420     form to a person other than a government official or government employee is likely to put you
421     or a member of your household's life or safety at risk, or to put you or a member of your
422     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
423     or your county clerk to have your entire voter registration record classified as private.["]
424          ["]CITIZENSHIP AFFIDAVIT
425          Name:
426          Name at birth, if different:
427          Place of birth:
428          Date of birth:

429          Date and place of naturalization (if applicable):
430          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
431     citizen and that to the best of my knowledge and belief the information above is true and
432     correct.
433                                             ____________________________
434                                                  Signature of Applicant
435          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
436     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
437     up to one year in jail and a fine of up to $2,500."
438          (2) The provisional ballot envelope shall include:
439          (a) a unique number;
440          (b) a detachable part that includes the unique number; and
441          (c) a telephone number, internet address, or other indicator of a means, in accordance
442     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
443          Section 5. Section 63G-2-202 is amended to read:
444          63G-2-202. Access to private, controlled, and protected documents.
445          (1) Upon request, and except as provided in Subsection (11)(a), a governmental entity
446     shall disclose a private record to:
447          (a) the subject of the record;
448          (b) the parent or legal guardian of an unemancipated minor who is the subject of the
449     record;
450          (c) the legal guardian of a legally incapacitated individual who is the subject of the
451     record;
452          (d) any other [individual] person who:
453          (i) has a power of attorney from the subject of the record;
454          (ii) submits a notarized release from the subject of the record or the individual's legal
455     representative dated no more than 90 days before the date the request is made; [or]
456          (iii) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
457     health care provider, as defined in Section 26-33a-102, if releasing the record or information in
458     the record is consistent with normal professional practice and medical ethics; or
459          (iv) if the record is a date of birth on a voter registration record, is authorized to receive

460     the date of birth under Section 20A-2-104; or
461          (e) any person to whom the record must be provided pursuant to:
462          (i) court order as provided in Subsection (7); or
463          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
464     Powers.
465          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
466          (i) a physician, psychologist, certified social worker, insurance provider or producer, or
467     a government public health agency upon submission of:
468          (A) a release from the subject of the record that is dated no more than 90 days prior to
469     the date the request is made; and
470          (B) a signed acknowledgment of the terms of disclosure of controlled information as
471     provided by Subsection (2)(b); and
472          (ii) any person to whom the record must be disclosed pursuant to:
473          (A) a court order as provided in Subsection (7); or
474          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
475     Powers.
476          (b) A person who receives a record from a governmental entity in accordance with
477     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
478     including the subject of the record.
479          (3) If there is more than one subject of a private or controlled record, the portion of the
480     record that pertains to another subject shall be segregated from the portion that the requester is
481     entitled to inspect.
482          (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
483     entity shall disclose a protected record to:
484          (a) the person that submitted the record;
485          (b) any other individual who:
486          (i) has a power of attorney from all persons, governmental entities, or political
487     subdivisions whose interests were sought to be protected by the protected classification; or
488          (ii) submits a notarized release from all persons, governmental entities, or political
489     subdivisions whose interests were sought to be protected by the protected classification or from
490     their legal representatives dated no more than 90 days prior to the date the request is made;

491          (c) any person to whom the record must be provided pursuant to:
492          (i) a court order as provided in Subsection (7); or
493          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
494     Powers; or
495          (d) the owner of a mobile home park, subject to the conditions of Subsection
496     41-1a-116(5).
497          (5) A governmental entity may disclose a private, controlled, or protected record to
498     another governmental entity, political subdivision, state, the United States, or a foreign
499     government only as provided by Section 63G-2-206.
500          (6) Before releasing a private, controlled, or protected record, the governmental entity
501     shall obtain evidence of the requester's identity.
502          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
503     signed by a judge from a court of competent jurisdiction, provided that:
504          (a) the record deals with a matter in controversy over which the court has jurisdiction;
505          (b) the court has considered the merits of the request for access to the record;
506          (c) the court has considered and, where appropriate, limited the requester's use and
507     further disclosure of the record in order to protect:
508          (i) privacy interests in the case of private or controlled records;
509          (ii) business confidentiality interests in the case of records protected under Subsection
510     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
511          (iii) privacy interests or the public interest in the case of other protected records;
512          (d) to the extent the record is properly classified private, controlled, or protected, the
513     interests favoring access, considering limitations thereon, are greater than or equal to the
514     interests favoring restriction of access; and
515          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
516     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
517          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
518     authorize disclosure of private or controlled records for research purposes if the governmental
519     entity:
520          (i) determines that the research purpose cannot reasonably be accomplished without
521     use or disclosure of the information to the researcher in individually identifiable form;

522          (ii) determines that:
523          (A) the proposed research is bona fide; and
524          (B) the value of the research is greater than or equal to the infringement upon personal
525     privacy;
526          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
527     the records; and
528          (B) requires the removal or destruction of the individual identifiers associated with the
529     records as soon as the purpose of the research project has been accomplished;
530          (iv) prohibits the researcher from:
531          (A) disclosing the record in individually identifiable form, except as provided in
532     Subsection (8)(b); or
533          (B) using the record for purposes other than the research approved by the governmental
534     entity; and
535          (v) secures from the researcher a written statement of the researcher's understanding of
536     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
537     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
538     under Section 63G-2-801.
539          (b) A researcher may disclose a record in individually identifiable form if the record is
540     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
541     or disclosure of the record in individually identifiable form will be made by the auditor or
542     evaluator except as provided by this section.
543          (c) A governmental entity may require indemnification as a condition of permitting
544     research under this Subsection (8).
545          (d) A governmental entity may not disclose or authorize disclosure of a private record
546     for research purposes as described in this Subsection (8) if the private record is a record
547     described in Subsection 63G-2-302(1)(u).
548          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
549     may disclose to persons other than those specified in this section records that are:
550          (i) private under Section 63G-2-302; or
551          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
552     business confidentiality has been made under Section 63G-2-309.

553          (b) Under Subsection 63G-2-403(11)(b), the records committee may require the
554     disclosure to persons other than those specified in this section of records that are:
555          (i) private under Section 63G-2-302;
556          (ii) controlled under Section 63G-2-304; or
557          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
558     business confidentiality has been made under Section 63G-2-309.
559          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
560     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
561     under Section 63G-2-305 to persons other than those specified in this section.
562          (10) A record contained in the Management Information System, created in Section
563     62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
564     disclosed to any person except the person who is alleged in the report to be a perpetrator of
565     abuse, neglect, or dependency.
566          (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
567     disclosed as provided in Subsection (1)(e).
568          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
569     as provided in Subsection (4)(c) or Section 62A-3-312.
570          (12) (a) A private, protected, or controlled record described in Section 62A-16-301
571     shall be disclosed as required under:
572          (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
573          (ii) Subsections 62A-16-302(1) and (6).
574          (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
575     protected, or controlled.