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H.B. 28 Enrolled
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9 LONG TITLE
10 General Description:
11 This bill modifies the Government Records Access and Management Act by amending
12 certain provisions related to protected records and manipulation of certain records.
13 Highlighted Provisions:
14 This bill:
15 . provides that, in certain circumstances, an individual's home address, home
16 telephone number, or personal mobile phone number is a protected record, if:
17 . the information is required to be provided in order to comply with a law; and
18 . by complying with the law and due to the nature of the law the subject of the
19 record has a reasonable expectation that this information will be protected;
20 . allows the disclosure of an individual's home address or phone numbers that are
21 otherwise protected if:
22 . the head of the governmental entity determines that the disclosure is mutually
23 beneficial to the subject of the record, the governmental entity, and to the public
24 by serving a public purpose related to public safety or consumer protection; and
25 . the person who receives the record from the governmental entity agrees not to
26 use or allow its use for advertising or solicitation purposes;
27 . provides that in response to a request, a governmental entity is not required to:
28 . compile, format, manipulate, package, summarize, or tailor information;
29 . provide a record in a particular format, medium, or program; or
30 . fulfill a person's records request if the information requested is accessible in the
31 same physical form and content in a public publication produced by the
32 governmental entity and if the governmental entity provides the requester with
33 the publication and specifies where the record may be found in the publication;
34 . allows rather than requires a governmental entity to provide a record in a particular
35 form if the governmental entity determines it is able to do so without unreasonably
36 interfering with its duties;
37 . allows contractors and private providers to receive private, controlled, or protected
38 records under certain circumstances;
39 . provides that improper use of a record is a class B misdemeanor; and
40 . makes technical changes.
41 Monies Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 None
45 Utah Code Sections Affected:
46 AMENDS:
47 63-2-201, as last amended by Chapter 40, Laws of Utah 2005
48 63-2-203, as last amended by Chapter 40, Laws of Utah 2005
49 63-2-206, as last amended by Chapter 63, Laws of Utah 2002
50 63-2-304, as last amended by Chapters 2, 131, 201, 214, 256 and 297, Laws of Utah
51 2005
52 63-2-801, as last amended by Chapter 280, Laws of Utah 1992
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 63-2-201 is amended to read:
56 63-2-201. Right to inspect records and receive copies of records.
57 (1) Every person has the right to inspect a public record free of charge, and the right to
58 take a copy of a public record during normal working hours, subject to Sections 63-2-203 and
59 63-2-204 .
60 (2) A record is public unless otherwise expressly provided by statute.
61 (3) The following records are not public:
62 (a) a record that is private, controlled, or protected under Sections 63-2-302 ,
63 63-2-302.5 , 63-2-303 , and 63-2-304 ; and
64 (b) a record to which access is restricted pursuant to court rule, another state statute,
65 federal statute, or federal regulation, including records for which access is governed or
66 restricted as a condition of participation in a state or federal program or for receiving state or
67 federal funds.
68 (4) Only a record specified in Section 63-2-302 , 63-2-302.5 , 63-2-303 , or 63-2-304
69 may be classified private, controlled, or protected.
70 (5) (a) A governmental entity may not disclose a record that is private, controlled, or
71 protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
72 63-2-202 , 63-2-206 , or 63-2-302.5 .
73 (b) A governmental entity may disclose a record that is private under Subsection
74 63-2-302 (2) or protected under Section 63-2-304 to persons other than those specified in
75 Section 63-2-202 or 63-2-206 if the head of a governmental entity, or a designee, determines
76 that:
77 (i) there is no interest in restricting access to the record; or
78 (ii) the interests favoring access outweighs the interest favoring restriction of access.
79 (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
80 disclose a record that is protected under Subsection 63-2-304 (51) if:
81 (i) the head of the governmental entity, or a designee, determines that the disclosure:
82 (A) is mutually beneficial to:
83 (I) the subject of the record;
84 (II) the governmental entity; and
85 (III) the public; and
86 (B) serves a public purpose related to:
87 (I) public safety; or
88 (II) consumer protection; and
89 (ii) the person who receives the record from the governmental entity agrees not to use
90 or allow the use of the record for advertising or solicitation purposes.
91 (6) (a) The disclosure of a record to which access is governed or limited pursuant to
92 court rule, another state statute, federal statute, or federal regulation, including a record for
93 which access is governed or limited as a condition of participation in a state or federal program
94 or for receiving state or federal funds, is governed by the specific provisions of that statute,
95 rule, or regulation.
96 (b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
97 is not inconsistent with the statute, rule, or regulation.
98 (7) A governmental entity shall provide a person with a certified copy of a record if:
99 (a) the person requesting the record has a right to inspect it;
100 (b) the person identifies the record with reasonable specificity; and
101 (c) the person pays the lawful fees.
102 (8) (a) [
103 (i) create a record [
104 (ii) compile, format, manipulate, package, summarize, or tailor information;
105 (iii) provide a record in a particular format, medium, or program not currently
106 maintained by the governmental entity;
107 (iv) fulfill a person's records request if the request unreasonably duplicates prior
108 records requests from that person; or
109 (v) fill a person's records request if:
110 (A) the record requested is accessible in the identical physical form and content in a
111 public publication or product produced by the governmental entity receiving the request;
112 (B) the governmental entity provides the person requesting the record with the public
113 publication or product; and
114 (C) the governmental entity specifies where the record can be found in the public
115 publication or product.
116 (b) Upon request, a governmental entity [
117 [
118 (i) the governmental entity determines it is able to do so without unreasonably
119 interfering with the governmental entity's duties and responsibilities; and
120 (ii) the requester agrees to pay the governmental entity for [
121 providing the record in the requested [
122 [
123
124 (9) (a) A governmental entity may allow a person requesting more than 50 pages of
125 records to copy the records if:
126 (i) the records are contained in files that do not contain records that are exempt from
127 disclosure, or the records may be segregated to remove private, protected, or controlled
128 information from disclosure; and
129 (ii) the governmental entity provides reasonable safeguards to protect the public from
130 the potential for loss of a public record.
131 (b) When the requirements of Subsection (9)(a) are met, the governmental entity may:
132 (i) provide the requester with the facilities for copying the requested records and
133 require that the requester make the copies; or
134 (ii) allow the requester to provide the requester's own copying facilities and personnel
135 to make the copies at the governmental entity's offices and waive the fees for copying the
136 records.
137 (10) (a) A governmental entity that owns an intellectual property right and that offers
138 the intellectual property right for sale or license may control by ordinance or policy the
139 duplication and distribution of the material based on terms the governmental entity considers to
140 be in the public interest.
141 (b) Nothing in this chapter shall be construed to limit or impair the rights or protections
142 granted to the governmental entity under federal copyright or patent law as a result of its
143 ownership of the intellectual property right.
144 (11) A governmental entity may not use the physical form, electronic or otherwise, in
145 which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and
146 receive a copy of a record under this chapter.
147 (12) A governmental entity may provide access to an electronic copy of a record in lieu
148 of providing access to its paper equivalent.
149 Section 2. Section 63-2-203 is amended to read:
150 63-2-203. Fees.
151 (1) A governmental entity may charge a reasonable fee to cover the governmental
152 entity's actual cost of [
153 governmental entity's executive officer.
154 (2) (a) When a governmental entity compiles a record in a form other than that
155 normally maintained by the governmental entity, the actual costs under this section may include
156 the following:
157 (i) the cost of staff time for [
158 packaging, summarizing, or tailoring the record either into an organization or media to meet
159 the person's request;
160 (ii) the cost of staff time for search, retrieval, and other direct administrative costs for
161 complying with a request; and
162 (iii) in the case of fees for a record that is the result of computer output other than word
163 processing, the actual incremental cost of providing the electronic services and products
164 together with a reasonable portion of the costs associated with formatting or interfacing the
165 information for particular users, and the administrative costs as set forth in Subsections
166 (2)(a)(i) and (ii).
167 (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
168 paid employee who, in the discretion of the custodian of records, has the necessary skill and
169 training to perform the request.
170 (c) Notwithstanding Subsections (2)(a) and (b), no charge may be made for the first
171 quarter hour of staff time.
172 (3) (a) Fees shall be established as provided in this Subsection (3).
173 (b) A governmental entity with fees established by the Legislature:
174 (i) shall establish the fees defined in Subsection (2), or other actual costs associated
175 with this section through the budget process; and
176 (ii) may use the procedures of Section 63-38-3.2 to set fees until the Legislature
177 establishes fees through the budget process.
178 (c) Political subdivisions shall establish fees by ordinance or written formal policy
179 adopted by the governing body.
180 (d) The judiciary shall establish fees by rules of the judicial council.
181 (4) A governmental entity may fulfill a record request without charge and is
182 encouraged to do so when it determines that:
183 (a) releasing the record primarily benefits the public rather than a person;
184 (b) the individual requesting the record is the subject of the record, or an individual
185 specified in Subsection 63-2-202 (1) or (2); or
186 (c) the requester's legal rights are directly implicated by the information in the record,
187 and the requester is impecunious.
188 (5) A governmental entity may not charge a fee for:
189 (a) reviewing a record to determine whether it is subject to disclosure, except as
190 permitted by Subsection (2)(a)(ii); or
191 (b) inspecting a record.
192 (6) (a) A person who believes that there has been an unreasonable denial of a fee
193 waiver under Subsection (4) may appeal the denial in the same manner as a person appeals
194 when inspection of a public record is denied under Section 63-2-205 .
195 (b) The adjudicative body hearing the appeal has the same authority when a fee waiver
196 or reduction is denied as it has when the inspection of a public record is denied.
197 (7) (a) All fees received under this section by a governmental entity subject to
198 Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
199 (b) Those funds shall be used to recover the actual cost and expenses incurred by the
200 governmental entity in providing the requested record or record series.
201 (8) (a) A governmental entity may require payment of past fees and future estimated
202 fees before beginning to process a request if:
203 (i) fees are expected to exceed $50; or
204 (ii) the requester has not paid fees from previous requests.
205 (b) Any prepaid amount in excess of fees due shall be returned to the requester.
206 (9) This section does not alter, repeal, or reduce fees established by other statutes or
207 legislative acts.
208 (10) (a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be
209 set as provided in this Subsection (10).
210 (b) The lieutenant governor shall:
211 (i) after consultation with county clerks, establish uniform fees for voter registration
212 and voter history records that meet the requirements of this section; and
213 (ii) obtain legislative approval of those fees by following the procedures and
214 requirements of Section 63-38-3.2 .
215 Section 3. Section 63-2-206 is amended to read:
216 63-2-206. Sharing records.
217 (1) A governmental entity may provide a record that is private, controlled, or protected
218 to another governmental entity, a government-managed corporation, a political subdivision, the
219 federal government, or another state if the requesting entity:
220 (a) serves as a repository or archives for purposes of historical preservation,
221 administrative maintenance, or destruction;
222 (b) enforces, litigates, or investigates civil, criminal, or administrative law, and the
223 record is necessary to a proceeding or investigation;
224 (c) is authorized by state statute to conduct an audit and the record is needed for that
225 purpose; or
226 (d) is one that collects information for presentence, probationary, or parole purposes.
227 (2) (a) A governmental entity may provide a private [
228 record or record series to another governmental entity, a political subdivision, a
229 government-managed corporation, the federal government, or another state if the requesting
230 entity provides written assurance:
231 [
232 governmental entity's duties and functions;
233 [
234 purpose for which the information in the record or record series was collected or obtained; and
235 [
236 outweighs the individual privacy right that protects the record or record series.
237 (b) A governmental entity may provide a private, controlled, or protected record or
238 record series to a contractor or a private provider according to the requirements of Subsection
239 (6)(b).
240 [
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243 [
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245 [
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248 record to another governmental entity, a political subdivision, a government-managed
249 corporation, the federal government, or another state if the requesting entity:
250 (i) is entitled by law to inspect the record;
251 (ii) is required to inspect the record as a condition of participating in a state or federal
252 program or for receiving state or federal funds; or
253 (iii) is an entity described in Subsection (1)(a), (b), (c), or (d).
254 (b) Subsection [
255 Subsection 63-2-304 (4).
256 [
257 governmental entity, another state, the United States, [
258 contractor or private provider, the originating governmental entity shall:
259 (a) inform the recipient of the record's classification and the accompanying restrictions
260 on access; and
261 (b) if the recipient is not a governmental entity to which this chapter applies, obtain the
262 recipient's written agreement which may be by mechanical or electronic transmission that it
263 will abide by those restrictions on access unless a statute, federal regulation, or interstate
264 agreement otherwise governs the sharing of the record or record series.
265 [
266 States, or a foreign government for the reasons listed in Subsections (1)[
267 without complying with the procedures of Subsection (2) or [
268 by executive agreement, treaty, federal statute, compact, federal regulation, or state statute.
269 [
270 entity receiving a record under this section is subject to the same restrictions on disclosure of
271 the record as the originating entity.
272 (b) A contractor or a private provider may receive information under this section only
273 if:
274 (i) the contractor or private provider's use of the record or record series produces a
275 public benefit that outweighs the individual privacy right that protects the record or record
276 series;
277 (ii) the record or record series it requests:
278 (A) is necessary for the performance of a contract with a governmental entity;
279 (B) will only be used for the performance of the contract with the governmental entity;
280 (C) will not be disclosed to any other person; and
281 (D) will not be used for advertising or solicitation purposes; and
282 (iii) the contractor or private provider gives written assurance to the governmental
283 entity that is providing the record or record series that it will adhere to the restrictions of this
284 Subsection (6)(b).
285 [
286 applicable restrictions on disclosure of that record are not affected by the governmental entity's
287 receipt under this section of a record with a different classification that contains information
288 that is also included in the previously held record.
289 [
290 rule or order, state statute, federal statute, or federal regulation prohibits or requires sharing
291 information, that rule, order, statute, or federal regulation controls.
292 [
293 (a) records held by the Division of Oil, Gas and Mining that pertain to any person and
294 that are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas and
295 Mining; and
296 (b) records of publicly funded libraries as described in Subsection 63-2-302 (1)(c).
297 [
298 a government prosecutor, peace officer, or auditor.
299 Section 4. Section 63-2-304 is amended to read:
300 63-2-304. Protected records.
301 The following records are protected if properly classified by a governmental entity:
302 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
303 has provided the governmental entity with the information specified in Section 63-2-308 ;
304 (2) commercial information or nonindividual financial information obtained from a
305 person if:
306 (a) disclosure of the information could reasonably be expected to result in unfair
307 competitive injury to the person submitting the information or would impair the ability of the
308 governmental entity to obtain necessary information in the future;
309 (b) the person submitting the information has a greater interest in prohibiting access
310 than the public in obtaining access; and
311 (c) the person submitting the information has provided the governmental entity with
312 the information specified in Section 63-2-308 ;
313 (3) commercial or financial information acquired or prepared by a governmental entity
314 to the extent that disclosure would lead to financial speculations in currencies, securities, or
315 commodities that will interfere with a planned transaction by the governmental entity or cause
316 substantial financial injury to the governmental entity or state economy;
317 (4) records the disclosure of which could cause commercial injury to, or confer a
318 competitive advantage upon a potential or actual competitor of, a commercial project entity as
319 defined in Subsection 11-13-103 (4);
320 (5) test questions and answers to be used in future license, certification, registration,
321 employment, or academic examinations;
322 (6) records the disclosure of which would impair governmental procurement
323 proceedings or give an unfair advantage to any person proposing to enter into a contract or
324 agreement with a governmental entity, except that this Subsection (6) does not restrict the right
325 of a person to see bids submitted to or by a governmental entity after bidding has closed;
326 (7) records that would identify real property or the appraisal or estimated value of real
327 or personal property, including intellectual property, under consideration for public acquisition
328 before any rights to the property are acquired unless:
329 (a) public interest in obtaining access to the information outweighs the governmental
330 entity's need to acquire the property on the best terms possible;
331 (b) the information has already been disclosed to persons not employed by or under a
332 duty of confidentiality to the entity;
333 (c) in the case of records that would identify property, potential sellers of the described
334 property have already learned of the governmental entity's plans to acquire the property;
335 (d) in the case of records that would identify the appraisal or estimated value of
336 property, the potential sellers have already learned of the governmental entity's estimated value
337 of the property; or
338 (e) the property under consideration for public acquisition is a single family residence
339 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
340 the property as required under Section 78-34-4.5 ;
341 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
342 compensated transaction of real or personal property including intellectual property, which, if
343 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
344 of the subject property, unless:
345 (a) the public interest in access outweighs the interests in restricting access, including
346 the governmental entity's interest in maximizing the financial benefit of the transaction; or
347 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
348 the value of the subject property have already been disclosed to persons not employed by or
349 under a duty of confidentiality to the entity;
350 (9) records created or maintained for civil, criminal, or administrative enforcement
351 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
352 release of the records:
353 (a) reasonably could be expected to interfere with investigations undertaken for
354 enforcement, discipline, licensing, certification, or registration purposes;
355 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
356 proceedings;
357 (c) would create a danger of depriving a person of a right to a fair trial or impartial
358 hearing;
359 (d) reasonably could be expected to disclose the identity of a source who is not
360 generally known outside of government and, in the case of a record compiled in the course of
361 an investigation, disclose information furnished by a source not generally known outside of
362 government if disclosure would compromise the source; or
363 (e) reasonably could be expected to disclose investigative or audit techniques,
364 procedures, policies, or orders not generally known outside of government if disclosure would
365 interfere with enforcement or audit efforts;
366 (10) records the disclosure of which would jeopardize the life or safety of an
367 individual;
368 (11) records the disclosure of which would jeopardize the security of governmental
369 property, governmental programs, or governmental recordkeeping systems from damage, theft,
370 or other appropriation or use contrary to law or public policy;
371 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
372 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
373 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
374 (13) records that, if disclosed, would reveal recommendations made to the Board of
375 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
376 Board of Pardons and Parole, or the Department of Human Services that are based on the
377 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
378 jurisdiction;
379 (14) records and audit workpapers that identify audit, collection, and operational
380 procedures and methods used by the State Tax Commission, if disclosure would interfere with
381 audits or collections;
382 (15) records of a governmental audit agency relating to an ongoing or planned audit
383 until the final audit is released;
384 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
385 litigation that are not available under the rules of discovery;
386 (17) records disclosing an attorney's work product, including the mental impressions or
387 legal theories of an attorney or other representative of a governmental entity concerning
388 litigation;
389 (18) records of communications between a governmental entity and an attorney
390 representing, retained, or employed by the governmental entity if the communications would be
391 privileged as provided in Section 78-24-8 ;
392 (19) personal files of a legislator, including personal correspondence to or from a
393 member of the Legislature, provided that correspondence that gives notice of legislative action
394 or policy may not be classified as protected under this section;
395 (20) (a) records in the custody or control of the Office of Legislative Research and
396 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
397 legislation or contemplated course of action before the legislator has elected to support the
398 legislation or course of action, or made the legislation or course of action public; and
399 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
400 Office of Legislative Research and General Counsel is a public document unless a legislator
401 asks that the records requesting the legislation be maintained as protected records until such
402 time as the legislator elects to make the legislation or course of action public;
403 (21) research requests from legislators to the Office of Legislative Research and
404 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
405 in response to these requests;
406 (22) drafts, unless otherwise classified as public;
407 (23) records concerning a governmental entity's strategy about collective bargaining or
408 pending litigation;
409 (24) records of investigations of loss occurrences and analyses of loss occurrences that
410 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
411 Uninsured Employers' Fund, or similar divisions in other governmental entities;
412 (25) records, other than personnel evaluations, that contain a personal recommendation
413 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
414 personal privacy, or disclosure is not in the public interest;
415 (26) records that reveal the location of historic, prehistoric, paleontological, or
416 biological resources that if known would jeopardize the security of those resources or of
417 valuable historic, scientific, educational, or cultural information;
418 (27) records of independent state agencies if the disclosure of the records would
419 conflict with the fiduciary obligations of the agency;
420 (28) records of an institution within the state system of higher education defined in
421 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
422 retention decisions, and promotions, which could be properly discussed in a meeting closed in
423 accordance with Title 52, Chapter 4, Open and Public Meetings, provided that records of the
424 final decisions about tenure, appointments, retention, promotions, or those students admitted,
425 may not be classified as protected under this section;
426 (29) records of the governor's office, including budget recommendations, legislative
427 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
428 policies or contemplated courses of action before the governor has implemented or rejected
429 those policies or courses of action or made them public;
430 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
431 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
432 recommendations in these areas;
433 (31) records provided by the United States or by a government entity outside the state
434 that are given to the governmental entity with a requirement that they be managed as protected
435 records if the providing entity certifies that the record would not be subject to public disclosure
436 if retained by it;
437 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
438 except as provided in Section 52-4-7 ;
439 (33) records that would reveal the contents of settlement negotiations but not including
440 final settlements or empirical data to the extent that they are not otherwise exempt from
441 disclosure;
442 (34) memoranda prepared by staff and used in the decision-making process by an
443 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
444 other body charged by law with performing a quasi-judicial function;
445 (35) records that would reveal negotiations regarding assistance or incentives offered
446 by or requested from a governmental entity for the purpose of encouraging a person to expand
447 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
448 person or place the governmental entity at a competitive disadvantage, but this section may not
449 be used to restrict access to a record evidencing a final contract;
450 (36) materials to which access must be limited for purposes of securing or maintaining
451 the governmental entity's proprietary protection of intellectual property rights including patents,
452 copyrights, and trade secrets;
453 (37) the name of a donor or a prospective donor to a governmental entity, including an
454 institution within the state system of higher education defined in Section 53B-1-102 , and other
455 information concerning the donation that could reasonably be expected to reveal the identity of
456 the donor, provided that:
457 (a) the donor requests anonymity in writing;
458 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
459 classified protected by the governmental entity under this Subsection (37); and
460 (c) except for an institution within the state system of higher education defined in
461 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
462 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
463 over the donor, a member of the donor's immediate family, or any entity owned or controlled
464 by the donor or the donor's immediate family;
465 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
466 73-18-13 ;
467 (39) a notification of workers' compensation insurance coverage described in Section
468 34A-2-205 ;
469 (40) (a) the following records of an institution within the state system of higher
470 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
471 or received by or on behalf of faculty, staff, employees, or students of the institution:
472 (i) unpublished lecture notes;
473 (ii) unpublished notes, data, and information:
474 (A) relating to research; and
475 (B) of:
476 (I) the institution within the state system of higher education defined in Section
477 53B-1-102 ; or
478 (II) a sponsor of sponsored research;
479 (iii) unpublished manuscripts;
480 (iv) creative works in process;
481 (v) scholarly correspondence; and
482 (vi) confidential information contained in research proposals;
483 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
484 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
485 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
486 (41) (a) records in the custody or control of the Office of Legislative Auditor General
487 that would reveal the name of a particular legislator who requests a legislative audit prior to the
488 date that audit is completed and made public; and
489 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
490 Office of the Legislative Auditor General is a public document unless the legislator asks that
491 the records in the custody or control of the Office of Legislative Auditor General that would
492 reveal the name of a particular legislator who requests a legislative audit be maintained as
493 protected records until the audit is completed and made public;
494 (42) records that provide detail as to the location of an explosive, including a map or
495 other document that indicates the location of:
496 (a) a production facility; or
497 (b) a magazine;
498 (43) information contained in the database described in Section 62A-3-311.1 ;
499 (44) information contained in the Management Information System and Licensing
500 Information System described in Title 62A, Chapter 4a, Child and Family Services;
501 (45) information regarding National Guard operations or activities in support of the
502 National Guard's federal mission;
503 (46) records provided by any pawnbroker or pawnshop to a law enforcement agency or
504 to the central database in compliance with Title 13, Chapter 32a, Pawnshop Transaction
505 Information Act;
506 (47) information regarding food security, risk, and vulnerability assessments performed
507 by the Department of Agriculture and Food;
508 (48) except to the extent that the record is exempt from this chapter pursuant to Section
509 63-2-106 , records related to an emergency plan or program prepared or maintained by the
510 Division of Emergency Services and Homeland Security the disclosure of which would
511 jeopardize:
512 (a) the safety of the general public; or
513 (b) the security of:
514 (i) governmental property;
515 (ii) governmental programs; or
516 (iii) the property of a private person who provides the Division of Emergency Services
517 and Homeland Security information;
518 (49) records of the Department of Agriculture and Food relating to the National
519 Animal Identification System or any other program that provides for the identification, tracing,
520 or control of livestock diseases, including any program established under Title 4, Chapter 24,
521 Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, [
522 and Quarantine; [
523 (50) as provided in Section 26-39-109 :
524 (a) information or records held by the Department of Health related to a complaint
525 regarding a child care program or residential child care which the department is unable to
526 substantiate; and
527 (b) information or records related to a complaint received by the Department of Health
528 from an anonymous complainant regarding a child care program or residential child care[
529 (51) unless otherwise classified as public under Section 63-2-301 and except as
530 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
531 personal mobile phone number, if:
532 (a) the individual is required to provide the information in order to comply with a law,
533 ordinance, rule, or order of a government entity; and
534 (b) the subject of the record has a reasonable expectation that this information will be
535 kept confidential due to:
536 (i) the nature of the law, ordinance, rule, or order; and
537 (ii) the individual complying with the law, ordinance, rule, or order.
538 Section 5. Section 63-2-801 is amended to read:
539 63-2-801. Criminal penalties.
540 (1) (a) A public employee or other person who has lawful access to any private,
541 controlled, or protected record under this chapter, and who intentionally discloses [
542 provides a copy of, or improperly uses a private, controlled, or protected record [
543 knowing that [
544 misdemeanor.
545 (b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
546 private, controlled, or protected information in the reasonable belief that the use or disclosure
547 of the information was necessary to expose a violation of law involving government
548 corruption, abuse of office, or misappropriation of public funds or property.
549 (c) It is a defense to prosecution under Subsection (1)(a) that the record could have
550 lawfully been released to the recipient if it had been properly classified.
551 (2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
552 copy of any private, controlled, or protected record to which he is not legally entitled is guilty
553 of a class B misdemeanor.
554 (b) No person shall be guilty under Subsection (2)(a) who receives the record,
555 information, or copy after the fact and without prior knowledge of or participation in the false
556 pretenses, bribery, or theft.
557 (3) A public employee who intentionally refuses to release a record the disclosure of
558 which the employee knows is required by law or by final unappealed order from a
559 governmental entity, the records committee, or a court, is guilty of a class B misdemeanor.
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