H.B. 283 Department of Agriculture and Food Amendments
Bill Sponsor: Rep. Ure, David | Floor Sponsor: Sen. Blackham, Leonard M. |
- Drafting Attorney: Jeanenne B. Larson
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 23 Mar 2004, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 3 May 2004
- Session Law Chapter: 358
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Enrolled
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H.B. 283
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[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 283 Enrolled
LONG TITLE
General Description:
This bill modifies the Agriculture Code by amending provisions relating to weights and
measures, registration fees, and the sale of raw milk.
Highlighted Provisions:
This bill:
. amends conditions under which raw milk may be sold;
. requires food establishments and entities using weights and measures in commerce
or trade to be registered by the Department of Agriculture and Food;
. enacts conditions for registration and allows the Department of Agriculture and
Food to charge registration fees;
. designates fees as dedicated credits;
. designates information regarding food security assessments as a protected record
under the Government Records Access and Management Act; and
. makes technical corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-3-14, as last amended by Chapter 1, Laws of Utah 1980
4-5-2, as last amended by Chapter 157, Laws of Utah 1990
4-5-3, as last amended by Chapter 157, Laws of Utah 1990
4-5-9, as enacted by Chapter 2, Laws of Utah 1979
4-9-1, as enacted by Chapter 2, Laws of Utah 1979
4-9-3, as enacted by Chapter 2, Laws of Utah 1979
4-9-4, as enacted by Chapter 2, Laws of Utah 1979
4-9-5, as enacted by Chapter 2, Laws of Utah 1979
4-9-5.2, as enacted by Chapter 19, Laws of Utah 1985
4-9-5.3, as enacted by Chapter 19, Laws of Utah 1985
4-9-5.4, as enacted by Chapter 19, Laws of Utah 1985
4-9-6, as last amended by Chapter 28, Laws of Utah 1995
4-9-12, as last amended by Chapter 19, Laws of Utah 1985
63-2-304, as last amended by Chapters 60 and 131, Laws of Utah 2003
ENACTS:
4-9-15, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-3-14 is amended to read:
4-3-14. Sale of raw milk prohibited -- Exceptions -- Suspension of producer's
permit.
(1) [
(a) the producer [
under Subsection 4-3-8 (2);
(b) the sale and delivery of the milk is made upon the premises where the milk is
produced;
(c) [
(d) [
and in sanitary containers on the premises where the milk is produced [
(e) it is labeled "raw milk[
Parts 101 and 131 and rules established by the department;
[
(i) cooled to 50 degrees Fahrenheit or a lower [
after being drawn from the [
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
animal; and
(iii) maintained at [
to the consumer;
[
(i) 20,000 colony forming units per [
counted, a direct microscopic count [
forming units per [
(ii) if individual organisms are counted, 80,000 bacteria per [
(h) the bacterial plate count and the coliform count of the milk meet the [
[
departmental [
[
(i) permanently and individually identifiable; and
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
[
the production, bottling, handling, or sale of the raw milk [
[
(2) (a) The department shall suspend a permit to produce raw milk issued under
Subsection 4-3-8 (2) if a milk producer violates any provision of Subsection (1).
(b) The department may reissue a permit to produce raw milk which has been suspended
under Subsection (2)(a) if the producer has complied with all of the requirements of Subsection
(1).
Section 2. Section 4-5-2 is amended to read:
4-5-2. Definitions.
As used in this chapter:
(1) "Advertisement" means [
[
(2) (a) "Color additive" means a dye, pigment, or other substance not exempted under the
federal act that, when added or applied to a food, is capable of imparting color. "Color" includes
black, white, and intermediate grays.
(b) "Color additive" does not [
nutrient, or other agricultural chemical which imparts color solely because of its effect, before or
after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other
natural physiological process of any plant life[
(3) (a) "Consumer commodity" means[
(b) "Consumer commodity" does not include:
(i) [
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.[
(ii) [
(iii) [
U.S.C. Sec. 601 et seq.;
(iv) a poultry or poultry product[
Sec. 451 et seq.;
(v) a tobacco or tobacco product; or
[
requirements imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201, et
seq.[
(4) "Contaminated" means not securely protected from dust, dirt, or foreign or injurious
agents.
(5) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
et seq.[
(6) "Food" means:
(a) [
consumption or the components of [
(b) chewing gum or its components; or
(c) a food [
is necessitated because of a physical, physiological, pathological, or other condition.
(7) (a) "Food additive" means [
the substance becoming a component, or otherwise affecting the characteristics, of [
[
producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
holding food[
(b) "Food additive" does not include:
(i) a pesticide chemical in or on a raw agricultural commodity;
(ii) a pesticide chemical [
production, storage, or transportation of [
[
[
pursuant to [
seq.[
(8) (a) "Food establishment" means a grocery store, bakery, candy factory, food
processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill, cold
or dry warehouse storage, or other facility where food products are manufactured, canned,
processed, packaged, stored, transported, prepared, sold, or offered for sale.
(b) "Food establishment" does not include a dairy farm, a dairy plant, or a meat
establishment, which is subject to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et
seq., or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.
[
on the immediate container of [
information which is:
(a) displayed on the outside container or wrapper[
[
(b) easily legible through the outside container or wrapper.
[
[
(a) [
(b) accompanying the article of food.
[
(a) United States Pharmacopoeia;
(b) National Formulary[
(c) Homeopathic Pharmacopoeia of the United States[
[
commodity is enclosed for use in the delivery or display of the consumer commodity to retail
purchasers.
(b) "Package" does not include:
(i) package liners;
(ii) shipping containers or wrapping used solely for the transportation of consumer
commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail
distributors; or
(iii) shipping containers or outer wrappings used by retailers to ship or deliver [
consumer commodity to retail customers, if the containers and wrappings bear no printed [
[
[
[
(i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection 4-14-2 (20);
or
(ii) for use as a plant regulator, defoliant, or desicant.
(b) "Pesticide" does not include:
(i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by the
United States Secretary of Health and Human Services not to be a new animal drug by federal
regulation establishing conditions of use of the drug; or
(ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
drug.
[
displayed, presented, shown, or examined under normal and customary conditions of display for
retail sale.
[
including all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form
prior to marketing.
(16) "Registration" means the issuance of a certificate by the commissioner to a qualified
food establishment.
Section 3. Section 4-5-3 is amended to read:
4-5-3. Unlawful acts specified.
(1) [
(a) [
sale [
(b) [
(c) [
consumer commodity [
inconsistent with the packaging and labeling requirements of this chapter, or the rules made under
this chapter;
(d) [
sale [
(e) [
(f) [
of Section 4-5-5 ;
(g) [
mutilate, destroy, obliterate, or remove the food label [
is for sale;
(h) [
unauthorized use of a mark, stamp, tag, label, or other identification device [
(i) [
which is [
(j) operate a food establishment without a valid registration issued by the department; and
(k) refuse entry to an authorized agent of the department in a food establishment as
required under Section 4-5-18 .
(2) Subsection (1)(c) does not apply to [
retail distribution of consumer commodities [
person:
(a) [
(b) [
consumer commodities are packaged or labeled.
Section 4. Section 4-5-9 is amended to read:
4-5-9. Registration of food establishments -- Fee -- Suspension and reinstatement of
registration -- Inspection for compliance.
[
(1) (a) Pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall establish rules providing for the registration of food establishments to protect
public health and ensure a safe food supply.
(b) The owner or operator of a food establishment shall register with the department
before operating a food establishment.
(c) Prior to granting a registration to the owner or operator of a food establishment, the
department shall inspect and assess the food establishment to determine whether it complies with
the rules established under Subsection (1)(a).
(d) An applicant shall register with the department, in writing, using forms required by the
department.
(e) The department shall issue a registration to an applicant, if the department determines
that the applicant meets the qualifications of registration established under Subsection (1)(a).
(f) If the applicant does not meet the qualifications of registration, the department shall
notify the applicant, in writing, that the applicant's registration is denied.
(g) (i) If an applicant submits an incomplete application, a written notice of conditional
denial of registration shall be provided to an applicant.
(ii) The applicant must correct the deficiencies within the time period specified in the
notice to receive a registration.
(h) (i) The department may, as provided under Subsection 4-2-2 (2), charge the food
establishment a registration fee.
(ii) The department shall retain the fees as dedicated credits and shall use the fees to
administer the registration of food establishments.
(2) (a) A registration, issued under this section, shall be valid from the date the
department issues the registration, to December 31 of the year the registration is issued.
(b) A registration may be renewed for the following year by applying for renewal by
December 31 of the year the registration expires.
(3) A registration, issued under this section, shall specify:
(a) the name and address of the food establishment;
(b) the name of the owner or operator of the food establishment; and
(c) the registration issuance and expiration date.
[
any of the conditions of [
(b) (i) The holder of a [
(ii) If the department [
determines that all registration requirements have been met, the department shall reinstate the
registration.
[
registered under this section, shall allow the department [
the food establishment[
(b) If a food establishment denies access for [
establishment's registration until [
Section 5. Section 4-9-1 is amended to read:
4-9-1. Definitions.
As used in this chapter:
(1) "Correct" [
conformance to [
(2) "Package" means [
(3) "Primary standards" mean the physical standards of the state, described in Section
4-9-4 , which [
measures are derived[
(4) "Sale from bulk" means the sale of commodities, when the quantity is determined at
the time of sale[
(5) "Secondary standards" [
traceable to primary standards through comparisons, using acceptable laboratory procedures[
(6) "Weighing and measuring" means the use of weights and measures.
[
drained weight, in which [
[
and [
(9) "Weights and measures registration" means the issuance of a certificate by the
commissioner to a weights and measures user.
(10) "Weights and measures user" means a person who uses weights and measures in
trade or commerce.
Section 6. Section 4-9-3 is amended to read:
4-9-3. Weights and measures -- Systems used -- Basic units, tables, and equivalents
as published by National Institute of Standards and Technology.
[
measures [
(2) Either system may be used for [
(3) The definitions of basic units of weight and measure, the tables of weight and
measure, and the weights and measures equivalents published by the National [
of Standards and Technology, shall [
within [
Section 7. Section 4-9-4 is amended to read:
4-9-4. Weights and measures -- Primary state standards -- Secondary state
standards -- Verification.
(1) Weights and measures that are traceable to the United States prototype standards
supplied by the federal government, or approved as being satisfactory by the National [
Institute of Standards and Technology, shall be the state primary standards, and shall be
maintained in [
[
(2) Secondary standards may be prescribed by the department and shall be verified upon
their initial receipt, and as often after initial receipt as [
department.
Section 8. Section 4-9-5 is amended to read:
4-9-5. Weights and measures -- Specifications, tolerances, and technical data
published in National Institute of Standards and Technology Handbook govern.
[
Other Technical Requirements for Weighing and Measuring Devices, National Institute of
Standards and Technology, adopted by the National Conference on Weights and Measures,
including supplements or revisions to Handbook 44, shall determine the specifications, tolerances,
and other technical requirements for devices used for:
(1) commercial weighing and measuring[
(2) law enforcement[
(3) data gathering[
(4) other weighing and measuring [
Section 9. Section 4-9-5.2 is amended to read:
4-9-5.2. Adopting uniform packaging and labeling regulation.
[
Regulation, [
in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
Fuel Quality, National Institute of Standards and Technology, shall apply to packaging and
labeling in the state[
Section 10. Section 4-9-5.3 is amended to read:
4-9-5.3. Adopting uniform regulation for the method of sale of commodities.
[
of Commodities, [
Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
National Institute of Standards and Technology, shall apply to the method of sale of commodities
in the state[
Section 11. Section 4-9-5.4 is amended to read:
4-9-5.4. Adopting uniform regulation for the voluntary registration of
servicepersons and service agencies for commercial weighing and measuring devices.
[
Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring
Devices, [
in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine
Fuel Quality, National Institute of Standards and Technology, shall apply to the registration of
servicepersons and service agencies in the state[
Section 12. Section 4-9-6 is amended to read:
4-9-6. Department duties -- Seizure of incorrect weights and measures.
(1) The department may:
[
tolerances for [
(i) all commodities[
(ii) the fill for any commodity contained in a package[
(iii) labels or labeling of [
(iv) weights and measures used commercially;
[
for sale to determine if they are correct;
[
determine if they are correct;
[
disbursement of supplies used by [
[
recognized and designated in [
Goods, National [
offered, or exposed for sale, sold, or in the process of delivery, to determine if the package
contains the amount represented;
[
used for container sizes, if [
quantity by weight, measure, count, or any combination of [
comparisons by consumers;
[
[
incorrect;
[
caused by loss or gain due to:
(i) moisture during the course of [
[
(ii) unavoidable deviations in [
[
[
the department determines that the exemption is necessary for the maintenance of [
acceptable commercial practices;
[
prepared by the National [
this chapter; and
[
(2) The department may seize weights and measures that [
(a) incorrect and are not corrected within [
department; or
(b) used or disposed of in a manner not [
department [
Section 13. Section 4-9-12 is amended to read:
4-9-12. Unlawful acts specified.
[
(1) sell, offer, or [
is less than the weight and measure represented as being sold, offered, or exposed for sale;
(2) misrepresent the price of [
sale by weight, measure, or count, or to represent the price in [
(3) use or possess [
(4) remove [
written authorization from the department; [
(5) hinder or obstruct [
measures in the performance of the agent's duties[
(6) operate weights and measures in trade or commerce for the purpose of determining
the weight or measure of a commodity without a valid weights and measures registration issued
by the department.
Section 14. Section 4-9-15 is enacted to read:
4-9-15. Registration of commercial establishments using weights and measures --
Application -- Fee -- Expiration -- Renewal.
(1) (a) Pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall establish rules providing for the registration of weights and measures users and
issuance of certification of weights and measures devices to ensure the use of correct weights and
measures in commerce or trade.
(b) A weights and measures user shall register with the department.
(c) Prior to granting a registration to a weights and measures user, the department shall
determine whether the weights and measures user complies with the rules established under
Subsection (1)(a).
(d) An applicant shall register with the department, in writing, using forms required by the
department.
(e) The department shall issue a registration to an applicant, if the department determines
that the applicant meets the qualifications of registration established under Subsection (1)(a).
(f) If the applicant does not meet the qualifications of registration, the department shall
notify the applicant, in writing, that the applicant's registration is denied.
(g) (i) If an applicant submits an incomplete application, a written notice of conditional
denial of registration shall be provided to an applicant.
(ii) The applicant must correct the deficiencies within the time period specified in the
notice to receive a registration.
(h) (i) The department may, as provided under Subsection 4-2-2 (2), charge the weights
and measures user a registration fee.
(ii) The department shall retain the fees as dedicated credits and shall use the fees to
administer the registration of weights and measures users.
(2) (a) A registration, issued under this section, shall be valid from the date the
department issues the registration, to December 31 of the year the registration is issued.
(b) A registration may be renewed for the following year by applying for renewal by
December 31 of the year the registration expires.
(3) A registration, issued under this section, shall specify:
(a) the name and address of the weights and measures user;
(b) the registration issuance and expiration date; and
(c) the number and type of weights and measures devices to be certified.
(4) (a) The department may immediately suspend a registration, issued under this section,
if any of the requirements of Section 4-9-12 are violated.
(b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
reinstatement of a registration.
(ii) If the department determines that all requirements under Section 4-9-12 are being
met, the department shall reinstate the registration.
(5) (a) A weights and measures user, registered under this section, shall allow the
department access to the weights and measures user's place of business to determine if the weights
and measures user is complying with the registration requirements.
(b) If a weights and measures user denies access for an inspection required under
Subsection (5)(a), the department may suspend the weights and measures user's registration until
the department is allowed access to the weights and measures user's place of business.
Section 15. Section 63-2-304 is amended to read:
63-2-304. Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 63-2-308 ;
(2) commercial information or nonindividual financial information obtained from a person
if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with the
information specified in Section 63-2-308 ;
(3) commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 11-13-103 (4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement with a
governmental entity, except that this Subsection (6) does not restrict the right of a person to see
bids submitted to or by a governmental entity after bidding has closed;
(7) records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information outweighs the governmental
entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property; or
(d) in the case of records that would identify the appraisal or estimated value of property,
the potential sellers have already learned of the governmental entity's estimated value of the
property;
(8) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of
the subject property, unless:
(a) the public interest in access outweighs the interests in restricting access, including the
governmental entity's interest in maximizing the financial benefit of the transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the
value of the subject property have already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(9) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of an
investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques, procedures,
policies, or orders not generally known outside of government if disclosure would interfere with
enforcement or audit efforts;
(10) records the disclosure of which would jeopardize the life or safety of an individual;
(11) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft, or
other appropriation or use contrary to law or public policy;
(12) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(13) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(14) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(15) records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(16) records prepared by or on behalf of a governmental entity solely in anticipation of
litigation that are not available under the rules of discovery;
(17) records disclosing an attorney's work product, including the mental impressions or
legal theories of an attorney or other representative of a governmental entity concerning litigation;
(18) records of communications between a governmental entity and an attorney
representing, retained, or employed by the governmental entity if the communications would be
privileged as provided in Section 78-24-8 ;
(19) personal files of a legislator, including personal correspondence to or from a member
of the Legislature, provided that correspondence that gives notice of legislative action or policy
may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation
or contemplated course of action before the legislator has elected to support the legislation or
course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator asks
that the records requesting the legislation be maintained as protected records until such time as
the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and General
Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared in response
to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about collective bargaining or
pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured
Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal
privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable historic,
scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28) records of a public institution of higher education regarding tenure evaluations,
appointments, applications for admissions, retention decisions, and promotions, which could be
properly discussed in a meeting closed in accordance with Title 52, Chapter 4, Open and Public
Meetings, provided that records of the final decisions about tenure, appointments, retention,
promotions, or those students admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected those
policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure if
retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 52-4-7 ;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any other
body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered by
or requested from a governmental entity for the purpose of encouraging a person to expand or
locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not be
used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including a
public institution of higher education, and other information concerning the donation that could
reasonably be expected to reveal the identity of the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for public institutions of higher education, the governmental unit to which the
donation is made is primarily engaged in educational, charitable, or artistic endeavors, and has no
regulatory or legislative authority over the donor, a member of his immediate family, or any entity
owned or controlled by the donor or his immediate family;
(38) accident reports, except as provided in Sections 41-6-40 , 41-12a-202 , and 73-18-13 ;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205 ;
(40) (a) the following records of a public institution of education, which have been
developed, discovered, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(i) unpublished lecture notes;
(ii) unpublished research notes and data;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals; and
(b) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General that
would reveal the name of a particular legislator who requests a legislative audit prior to the date
that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that the
records in the custody or control of the Office of Legislative Auditor General that would reveal
the name of a particular legislator who requests a legislative audit be maintained as protected
records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the database described in Section 62A-3-311.1 ;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services; [
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission[
(46) information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food.
[Bill Documents][Bills Directory]
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/30/2004 | Bill Numbered by Title Without any Substance | Legislative Research and General Counsel | |
1/31/2004 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/2/2004 | House/ received bill from Legislative Research | House Docket Clerk | |
2/2/2004 | House/ 1st reading (Introduced) | House Rules Committee | |
2/9/2004 | Bill Numbered but not Distributed | House Rules Committee | |
2/9/2004 | Numbered Bill Publicly Distributed | House Rules Committee | |
2/12/2004 | House/ to standing committee | House Natural Resources, Agriculture, and Environment Committee | |
2/12/2004 | House/ received fiscal note from Fiscal Analyst | House Natural Resources, Agriculture, and Environment Committee | |
2/12/2004 | House/ to Printing with fiscal note | House Natural Resources, Agriculture, and Environment Committee | |
2/13/2004 | House/ received bill from Legislative Printing | House Natural Resources, Agriculture, and Environment Committee | |
2/13/2004 | House Comm - Substitute Recommendation | House Natural Resources, Agriculture, and Environment Committee | |
2/13/2004 | House Comm - Amendment Recommendation | House Natural Resources, Agriculture, and Environment Committee | |
2/13/2004 | House Comm - Favorable Recommendation | House Natural Resources, Agriculture, and Environment Committee | 7 3 4 |
2/13/2004 | Bill Substituted by Standing Committee | House Natural Resources, Agriculture, and Environment Committee | |
2/17/2004 | House/ comm rpt/ substituted/ amended | House Natural Resources, Agriculture, and Environment Committee | |
2/17/2004 | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/23/2004 | House/ 3rd Reading Calendar to Rules | House Rules Committee | |
2/24/2004 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for House bills | |
2/25/2004 | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/25/2004 | House/ passed 3rd reading | Senate Secretary | 58 13 4 |
2/25/2004 | House/ to Senate | Senate Secretary | |
2/26/2004 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/26/2004 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/27/2004 | Senate/ Rules to calendar | Senate 2nd Reading Calendar | |
2/27/2004 | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
2/27/2004 | Senate/ passed 2nd & 3rd readings/ suspension | Senate President | 23 0 6 |
2/27/2004 | Senate/ signed by President/ returned to House | House Speaker | |
3/1/2004 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/1/2004 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/1/2004 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/12/2004 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/15/2004 | House/ enrolled bill to Printing | Clerk of the House | |
3/15/2004 | House/ to Governor | Executive Branch - Governor | |
3/23/2004 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings