H.B. 245

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 24, 2009 at 3:30 PM by jeyring. --> 1

UTAH STATE 911 COMMITTEE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill amends the duties and powers of the Utah 911 Committee.
10 Highlighted Provisions:
11 This bill:
12 . amends the duties and powers of the Utah 911 Committee; and
13 . makes technical corrections.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53-10-602, as last amended by Laws of Utah 2008, Chapter 382
20a H. 59-1-403, as last amended by Laws of Utah 2008, Chapters 3, 382, and 384
20b 63G-2-305, as last amended by Laws of Utah 2008, Chapters 3, 87, 95, 101, 111, 161,
20c 196, 248, 352 and renumbered and amended by Laws of Utah 2008, Chapter 382 .H
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53-10-602 is amended to read:
24 53-10-602. Committee's duties and powers.
25 (1) The committee shall:
26 (a) review and make recommendations to the division, the Bureau of Communications,
27 public safety answering points, and the Legislature on:

28 (i) technical, administrative, fiscal, and operational issues for the implementation of a
29 unified statewide wireless and land-based E-911 emergency system;
30 (ii) specific technology and standards for the implementation of a unified statewide
31 wireless and land-based E-911 emergency system;
32 (iii) emerging technological upgrades;
33 [(iii)] (iv) expenditures by local public service answering points to assure
34 implementation of a unified statewide wireless and land-based E-911 emergency system and
35 standards of operation; and
36 [(iv)] (v) mapping systems and technology necessary to implement the unified
37 statewide wireless and land-based E-911 emergency system;
38 (b) administer the fund as provided in this part;
39 (c) assist as many local entities as possible, at their request, to implement the
40 recommendations of the committee; and
41 (d) fulfill all other duties imposed on the committee by the Legislature by this part.
42 (2) The committee may sell, lease, or otherwise dispose of equipment or personal
43 property belonging to the committee, the proceeds from which shall return to the fund.
44 (3) (a) The committee shall review information regarding:
45 (i) H. in aggregate, .H the number of H. [ telephone subscribers ] telecommunication
45a service subscribers by telecommunication service type in a political subdivision .H ;
46 (ii) 911 call delivery network costs;
47 (iii) public safety answering point costs; and
48 (iv) system engineering information.
49 (b) H. [ The committee may request written reports or other information from other state
50 agencies, including ] In accordance with Subsection (3)(a) the committee may request .H :
51 (i) H. information as described in Subsection (3)(a)(i) from .H the Utah State Tax
51a Commission; H. and
52 [ (ii) the local exchange carriers; and ]
53 [ (iii) ] (ii) information from .H public safety answering points connected to the 911 call
53a delivery system.
53b H. (c) The information requested by and provided to the committee under Subsection
53c (3) is a protected record in accordance with Section 63G-2-305. .H
54 [(3)] (4) The committee shall issue the reimbursement allowed under Subsection
55 53-10-605 (1)(b) provided that:
56 (a) the reimbursement is based on aggregated cost studies submitted to the committee
57 by the wireless carriers seeking reimbursement; and
58 (b) the reimbursement to any one carrier does not exceed 125% of the wireless carrier's

59 contribution to the fund.
60 [(4)] (5) The committee shall adopt rules in accordance with Title 63G, Chapter 3,
61 Utah Administrative Rulemaking Act, to administer the fund created in Section 53-10-603
62 including rules that establish the criteria, standards, technology, and equipment that a local
63 entity or state agency must adopt in order to qualify for grants from the fund.
63a H. (6) This section does not expand the authority of the Utah State Tax Commission to
63b request additional information from a telecommunication service provider.
63c Section 2. Section 59-1-403 is amended to read:
63d 59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
63e (1) (a) Any of the following may not divulge or make known in any manner any information
63f gained by that person from any return filed with the commission:
63g (i) a tax commissioner;
63h (ii) an agent, clerk, or other officer or employee of the commission; or
63i (iii) a representative, agent, clerk, or other officer or employee of any county, city, or town.
63j (b) An official charged with the custody of a return filed with the commission is not required
63k to produce the return or evidence of anything contained in the return in any action or proceeding in
63l any court, except:
63m (i) in accordance with judicial order;
63n (ii) on behalf of the commission in any action or proceeding under:
63o (A) this title; or
63p (B) other law under which persons are required to file returns with the commission;
63q (iii) on behalf of the commission in any action or proceeding to which the commission is a
63r party; or
63s (iv) on behalf of any party to any action or proceeding under this title if the report or facts
63t shown by the return are directly involved in the action or proceeding.
63u (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may admit
63v in evidence, any portion of a return or of the facts shown by the return, as are specifically pertinent to
63w the action or proceeding.
63x (2) This section does not prohibit:
63y (a) a person or that person's duly authorized representative from receiving a copy of any
63z return or report filed in connection with that person's own tax;
63aa (b) the publication of statistics as long as the statistics are classified to prevent the
63ab identification of particular reports or returns; and
63ac (c) the inspection by the attorney general or other legal representative of the state of the
63ad report or return of any taxpayer:
63ae (i) who brings action to set aside or review a tax based on the report or return;

63af H. (ii) against whom an action or proceeding is contemplated or has been instituted under this
63ag title; or
63ah (iii) against whom the state has an unsatisfied money judgment.
63ai (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the commission
63aj may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
63ak provide for a reciprocal exchange of information with:
63al (i) the United States Internal Revenue Service; or
63am (ii) the revenue service of any other state.
63an (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
63ao corporate franchise tax, the commission may by rule, made in accordance with Title 63G, Chapter 3,
63ap Utah Administrative Rulemaking Act, share information gathered from returns and other written
63aq statements with the federal government, any other state, any of the political subdivisions of another
63ar state, or any political subdivision of this state, except as limited by Sections 59-12-209 and 59-12-210,
63as if the political subdivision, other state, or the federal government grant substantially similar
63at privileges to this state.
63au (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
63av corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3, Utah
63aw Administrative Rulemaking Act, provide for the issuance of information concerning the identity and
63ax other information of taxpayers who have failed to file tax returns or to pay any tax due.
63ay (d) Notwithstanding Subsection (1), the commission shall provide to the Solid and Hazardous
63az Waste Control Board executive secretary, as defined in Section 19-6-102, as requested by the executive
63ba secretary, any records, returns, or other information filed with the commission under Chapter 13,
63bb Motor and Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance
63bc program participation fee.
63bd (e) Notwithstanding Subsection (1), at the request of any person the commission shall provide
63be that person sales and purchase volume data reported to the commission on a report, return, or other
63bf information filed with the commission under:
63bg (i) Chapter 13, Part 2, Motor Fuel; or
63bh (ii) Chapter 13, Part 4, Aviation Fuel.
63bi (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer, as
63bj defined in Section 59-22-202, the commission shall report to the manufacturer:
63bk (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the manufacturer
63bl and reported to the commission for the previous calendar year under Section 59-14-407; and
63bm (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the manufacturer
63bn for which a tax refund was granted during the previous calendar year under Section 59-14-401 and
63bo reported to the commission under Subsection 59-14-401(1)(a)(v).
63bp (g) Notwithstanding Subsection (1), the commission shall notify manufacturers, .H

63bq H. distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is
63br prohibited from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
63bs (h) Notwithstanding Subsection (1), the commission may:
63bt (i) provide to the Division of Consumer Protection within the Department of Commerce and
63bu the attorney general data:
63bv (A) reported to the commission under Section 59-14-212; or
63bw (B) related to a violation under Section 59-14-211; and
63bx (ii) upon request provide to any person data reported to the commission under Subsections
63by 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
63bz (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee of the
63ca Legislature, Office of the Legislative Fiscal Analyst, or Governor's Office of Planning and Budget,
63cb provide to the committee or office the total amount of revenues collected by the commission under
63cc Chapter 24, Radioactive Waste Facility Tax Act, for the time period specified by the committee or
63cd office.
63ce (j) Notwithstanding Subsection (1), the commission shall at the request of the Legislature
63cf provide to the Legislature the total amount of sales or uses exempt under Subsection 59-12-104(46)
63cg reported to the commission in accordance with Section 59-12-105.
63ch (k) Notwithstanding Subsection (1), the commission shall make the directory required by
63ci Section 59-14-603 available for public inspection.
63cj (l) Notwithstanding Subsection (1), the commission may share information with federal, state,
63ck or local agencies as provided in Subsection 59-14-606(3).
63cl (m) (i) Notwithstanding Subsection (1), the commission shall provide the Office of Recovery
63cm Services within the Department of Human Services any relevant information obtained from a return
63cn filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer who has become obligated to
63co the Office of Recovery Services.
63cp (ii) The information described in Subsection (3)(m)(i) may be provided by the Office of
63cq Recovery Services to any other state's child support collection agency involved in enforcing that
63cr support obligation.
63cs (n) (i) Notwithstanding Subsection (1), upon request from the state court administrator, the
63ct commission shall provide to the state court administrator, the name, address, telephone number,
63cu county of residence, and Social Security number on resident returns filed under Chapter 10,
63cv Individual Income Tax Act.
63cw (ii) The state court administrator may use the information described in Subsection (3)(n)(i)
63cx only as a source list for the master jury list described in Section 78B-1-106.
63cy (o) Notwithstanding Subsection (1), the commission shall at the request of a committee,
63cz commission, or task force of the Legislature provide to the committee, commission, or task force of the
63da Legislature any information relating to a tax imposed under Chapter 9, Taxation of .H

63db H. Admitted Insurers, relating to the study required by Section 59-9-101.
63dc (p) (i) As used in this Subsection (3)(p), "office" means the:
63dd (A) Office of the Legislative Fiscal Analyst; or
63de (B) Office of Legislative Research and General Counsel.
63df (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(p)(iii), the
63dg commission shall at the request of an office provide to the office all information:
63dh (A) gained by the commission; and
63di (B) required to be attached to or included in returns filed with the commission.
63dj (iii) (A) An office may not request and the commission may not provide to an office a person's:
63dk (I) address;
63dl (II) name;
63dm (III) Social Security number; or
63dn (IV) taxpayer identification number.
63do (B) The commission shall in all instances protect the privacy of a person as required by
63dp Subsection (3)(p)(iii)(A).
63dq (iv) An office may provide information received from the commission in accordance with this
63dr Subsection (3)(p) only:
63ds (A) as:
63dt (I) a fiscal estimate;
63du (II) fiscal note information; or
63dv (III) statistical information; and
63dw (B) if the information is classified to prevent the identification of a particular return.
63dx (v) (A) A person may not request information from an office under Title 63G, Chapter 2,
63dy Government Records Access and Management Act, or this section, if that office received the
63dz information from the commission in accordance with this Subsection (3)(p).
63ea (B) An office may not provide to a person that requests information in accordance with
63eb Subsection (3)(p)(v)(A) any information other than the information the office provides in accordance
63ec with Subsection (3)(p)(iv).
63ed (q) Notwithstanding Subsection (1), the commission may provide to the governing board of the
63ee agreement or a taxing official of another state, the District of Columbia, the United States, or a
63ef territory of the United States:
63eg (i) the following relating to an agreement sales and use tax:
63eh (A) information contained in a return filed with the commission;
63ei (B) information contained in a report filed with the commission;
63ej (C) a schedule related to Subsection (3)(q)(i)(A) or (B); or
63ek (D) a document filed with the commission; or
63el (ii) a report of an audit or investigation made with respect to an agreement sales and use tax. .H

63em H. (r) Notwithstanding Subsection (1), the commission shall provide to the Utah State 911
63en Committee the information requested by the Utah State 911 Committee under
63eo Subsection 53-10-602 (3).
63ep (4) (a) Reports and returns shall be preserved for at least three years.
63eq (b) After the three-year period provided in Subsection (4)(a) the commission may destroy a
63er report or return.
63es (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
63et (b) If the person described in Subsection (5)(a) is an officer or employee of the state, the
63eu person shall be dismissed from office and be disqualified from holding public office in this state for a
63ev period of five years thereafter.
63ew (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in accordance
63ex with Subsection (3)(p)(iii) or a person that requests information in accordance with Subsection
63ey (3)(p)(v):
63ez (i) is not guilty of a class A misdemeanor; and
63fa (ii) is not subject to:
63fb (A) dismissal from office in accordance with Subsection (5)(b); or
63fc (B) disqualification from holding public office in accordance with Subsection (5)(b).
63fd (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
63fe Section 3. Section 63G-2-305 is amended to read:
63ff 63G-2-305. Protected records.
63fg The following records are protected if properly classified by a governmental entity:
63fh (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
63fi provided the governmental entity with the information specified in Section 63G-2-309;
63fj (2) commercial information or nonindividual financial information obtained from a person if:
63fk (a) disclosure of the information could reasonably be expected to result in unfair competitive
63fl injury to the person submitting the information or would impair the ability of the governmental entity
63fm to obtain necessary information in the future;
63fn (b) the person submitting the information has a greater interest in prohibiting access than the
63fo public in obtaining access; and
63fp (c) the person submitting the information has provided the governmental entity with the
63fq information specified in Section 63G-2-309;
63fr (3) commercial or financial information acquired or prepared by a governmental entity to the
63fs extent that disclosure would lead to financial speculations in currencies, securities, or commodities that
63ft will interfere with a planned transaction by the governmental entity or cause substantial financial
63fu injury to the governmental entity or state economy;
63fv (4) records the disclosure of which could cause commercial injury to, or confer a .H

63fw H. competitive advantage upon a potential or actual competitor of, a commercial project entity as
63fx defined in Subsection 11-13-103(4);
63fy (5) test questions and answers to be used in future license, certification, registration,
63fz employment, or academic examinations;
63ga (6) records the disclosure of which would impair governmental procurement proceedings or
63gb give an unfair advantage to any person proposing to enter into a contract or agreement with a
63gc governmental entity, except, subject to Subsection (1) and (2), that this Subsection (6) does not restrict
63gd the right of a person to have access to, once the contract or grant has been awarded, a bid, proposal, or
63ge application submitted to or by a governmental entity in response to:
63gf (a) a request for bids;
63gg (b) a request for proposals;
63gh (c) a grant; or
63gi (d) other similar document;
63gj (7) records that would identify real property or the appraisal or estimated value of real or
63gk personal property, including intellectual property, under consideration for public acquisition before
63gl any rights to the property are acquired unless:
63gm (a) public interest in obtaining access to the information outweighs the governmental entity's
63gn need to acquire the property on the best terms possible;
63go (b) the information has already been disclosed to persons not employed by or under a duty of
63gp confidentiality to the entity;
63gq (c) in the case of records that would identify property, potential sellers of the described
63gr property have already learned of the governmental entity's plans to acquire the property;
63gs (d) in the case of records that would identify the appraisal or estimated value of property, the
63gt potential sellers have already learned of the governmental entity's estimated value of the property; or
63gu (e) the property under consideration for public acquisition is a single family residence and the
63gv governmental entity seeking to acquire the property has initiated negotiations to acquire the property
63gw as required under Section 78B-6-505;
63gx (8) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
63gy transaction of real or personal property including intellectual property, which, if disclosed prior to
63gz completion of the transaction, would reveal the appraisal or estimated value of the subject property,
63ha unless:
63hb (a) the public interest in access outweighs the interests in restricting access, including the
63hc governmental entity's interest in maximizing the financial benefit of the transaction; or
63hd (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the
63he value of the subject property have already been disclosed to persons not employed by or under a duty
63hf of confidentiality to the entity;
63hg (9) records created or maintained for civil, criminal, or administrative enforcement .H

63hh H. purposes or audit purposes, or for discipline, licensing, certification, or registration
63hi purposes, if release of the records:
63hj (a) reasonably could be expected to interfere with investigations undertaken for enforcement,
63hk discipline, licensing, certification, or registration purposes;
63hl (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
63hm proceedings;
63hn (c) would create a danger of depriving a person of a right to a fair trial or impartial hearing;
63ho (d) reasonably could be expected to disclose the identity of a source who is not generally
63hp known outside of government and, in the case of a record compiled in the course of an investigation,
63hq disclose information furnished by a source not generally known outside of government if disclosure
63hr would compromise the source; or
63hs (e) reasonably could be expected to disclose investigative or audit techniques, procedures,
63ht policies, or orders not generally known outside of government if disclosure would interfere with
63hu enforcement or audit efforts;
63hv (10) records the disclosure of which would jeopardize the life or safety of an individual;
63hw (11) records the disclosure of which would jeopardize the security of governmental property,
63hx governmental programs, or governmental recordkeeping systems from damage, theft, or other
63hy appropriation or use contrary to law or public policy;
63hz (12) records that, if disclosed, would jeopardize the security or safety of a correctional facility,
63ia or records relating to incarceration, treatment, probation, or parole, that would interfere with the
63ib control and supervision of an offender's incarceration, treatment, probation, or parole;
63ic (13) records that, if disclosed, would reveal recommendations made to the Board of Pardons
63id and Parole by an employee of or contractor for the Department of Corrections, the Board of Pardons
63ie and Parole, or the Department of Human Services that are based on the employee's or contractor's
63if supervision, diagnosis, or treatment of any person within the board's jurisdiction;
63ig (14) records and audit workpapers that identify audit, collection, and operational procedures
63ih and methods used by the State Tax Commission, if disclosure would interfere with audits or
63ii collections;
63ij (15) records of a governmental audit agency relating to an ongoing or planned audit until the
63ik final audit is released;
63il (16) records prepared by or on behalf of a governmental entity solely in anticipation of
63im litigation that are not available under the rules of discovery;
63in (17) records disclosing an attorney's work product, including the mental impressions or legal
63io theories of an attorney or other representative of a governmental entity concerning litigation;
63ip (18) records of communications between a governmental entity and an attorney representing,
63iq retained, or employed by the governmental entity if the communications would be privileged as
63ir provided in Section 78B-1-137; .H

63is H. (19) (a) (i) personal files of a state legislator, including personal correspondence to or from a
63it member of the Legislature; and
63iu (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action
63iv or policy may not be classified as protected under this section; and
63iw (b) (i) an internal communication that is part of the deliberative process in connection with the
63ix preparation of legislation between:
63iy (A) members of a legislative body;
63iz (B) a member of a legislative body and a member of the legislative body's staff; or
63ja (C) members of a legislative body's staff; and
63jb (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of legislative
63jc action or policy may not be classified as protected under this section;
63jd (20) (a) records in the custody or control of the Office of Legislative Research and General
63je Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or
63jf contemplated course of action before the legislator has elected to support the legislation or course of
63jg action, or made the legislation or course of action public; and
63jh (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the Office
63ji of Legislative Research and General Counsel is a public document unless a legislator asks that the
63jj records requesting the legislation be maintained as protected records until such time as the legislator
63jk elects to make the legislation or course of action public;
63jl (21) research requests from legislators to the Office of Legislative Research and General
63jm Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared in response to
63jn these requests;
63jo (22) drafts, unless otherwise classified as public;
63jp (23) records concerning a governmental entity's strategy about collective bargaining or
63jq pending litigation;
63jr (24) records of investigations of loss occurrences and analyses of loss occurrences that may be
63js covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured Employers'
63jt Fund, or similar divisions in other governmental entities;
63ju (25) records, other than personnel evaluations, that contain a personal recommendation
63jv concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal
63jw privacy, or disclosure is not in the public interest;
63jx (26) records that reveal the location of historic, prehistoric, paleontological, or biological
63jy resources that if known would jeopardize the security of those resources or of valuable historic,
63jz scientific, educational, or cultural information;
63ka (27) records of independent state agencies if the disclosure of the records would conflict with
63kb the fiduciary obligations of the agency;
63kc (28) records of an institution within the state system of higher education defined in .H

63kd H.Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
63ke retention decisions, and promotions, which could be properly discussed in a meeting closed in
63kf accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final
63kg decisions about tenure, appointments, retention, promotions, or those students admitted, may not be
63kh classified as protected under this section;
63ki (29) records of the governor's office, including budget recommendations, legislative proposals,
63kj and policy statements, that if disclosed would reveal the governor's contemplated policies or
63kk contemplated courses of action before the governor has implemented or rejected those policies or
63kl courses of action or made them public;
63km (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis, revenue
63kn estimates, and fiscal notes of proposed legislation before issuance of the final recommendations in
63ko these areas;
63kp (31) records provided by the United States or by a government entity outside the state that are
63kq given to the governmental entity with a requirement that they be managed as protected records if the
63kr providing entity certifies that the record would not be subject to public disclosure if retained by it;
63ks (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body except
63kt as provided in Section 52-4-206;
63ku (33) records that would reveal the contents of settlement negotiations but not including final
63kv settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
63kw (34) memoranda prepared by staff and used in the decision-making process by an
63kx administrative law judge, a member of the Board of Pardons and Parole, or a member of any other
63ky body charged by law with performing a quasi-judicial function;
63kz (35) records that would reveal negotiations regarding assistance or incentives offered by or
63la requested from a governmental entity for the purpose of encouraging a person to expand or locate a
63lb business in Utah, but only if disclosure would result in actual economic harm to the person or place the
63lc governmental entity at a competitive disadvantage, but this section may not be used to restrict access
63ld to a record evidencing a final contract;
63le (36) materials to which access must be limited for purposes of securing or maintaining the
63lf governmental entity's proprietary protection of intellectual property rights including patents,
63lg copyrights, and trade secrets;
63lh (37) the name of a donor or a prospective donor to a governmental entity, including an
63li institution within the state system of higher education defined in Section 53B-1-102, and other
63lj information concerning the donation that could reasonably be expected to reveal the identity of the
63lk donor, provided that:
63ll (a) the donor requests anonymity in writing;
63lm (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
63ln classified protected by the governmental entity under this Subsection (37); and .H

63lo H. (c) except for an institution within the state system of higher education defined in Section
63lp 53B-1-102, the governmental unit to which the donation is made is primarily engaged in educational,
63lq charitable, or artistic endeavors, and has no regulatory or legislative authority over the donor, a
63lr member of the donor's immediate family, or any entity owned or controlled by the donor or the
63ls donor's immediate family;
63lt (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
63lu (39) a notification of workers' compensation insurance coverage described in
63lv Section 34A-2-205;
63lw (40) (a) the following records of an institution within the state system of higher education
63lx defined in Section 53B-1-102, which have been developed, discovered, disclosed to, or received by or on
63ly behalf of faculty, staff, employees, or students of the institution:
63lz (i) unpublished lecture notes;
63ma (ii) unpublished notes, data, and information:
63mb (A) relating to research; and
63mc (B) of:
63md (I) the institution within the state system of higher education defined in Section 53B-1-102; or
63me (II) a sponsor of sponsored research;
63mf (iii) unpublished manuscripts;
63mg (iv) creative works in process;
63mh (v) scholarly correspondence; and
63mi (vi) confidential information contained in research proposals;
63mj (b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
63mk required pursuant to Subsection 53B-16-302(2)(a) or (b); and
63ml (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
63mm (41) (a) records in the custody or control of the Office of Legislative Auditor General that
63mn would reveal the name of a particular legislator who requests a legislative audit prior to the date that
63mo audit is completed and made public; and
63mp (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office
63mq of the Legislative Auditor General is a public document unless the legislator asks that the records in
63mr the custody or control of the Office of Legislative Auditor General that would reveal the name of a
63ms particular legislator who requests a legislative audit be maintained as protected records until the audit
63mt is completed and made public;
63mu (42) records that provide detail as to the location of an explosive, including a map or other
63mv document that indicates the location of:
63mw (a) a production facility; or
63mx (b) a magazine;
63my (43) information: .H

63mz H. (a) contained in the statewide database of the Division of Aging and Adult Services created by
63na Section 62A-3-311.1; or
63nb (b) received or maintained in relation to the Identity Theft Reporting Information System
63nc (IRIS) established under Section 67-5-22;
63nd (44) information contained in the Management Information System and Licensing
63ne Information System described in Title 62A, Chapter 4a, Child and Family Services;
63nf (45) information regarding National Guard operations or activities in support of the National
63ng Guard's federal mission;
63nh (46) records provided by any pawn or secondhand business to a law enforcement agency
63ni or the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand
63nj Merchandise Transaction Information Act;
63nk (47) information regarding food security, risk, and vulnerability assessments performed by the
63nl Department of Agriculture and Food;
63nm (48) except to the extent that the record is exempt from this chapter pursuant to Section
63nn 63G-2-106, records related to an emergency plan or program prepared or maintained by the Division
63no of Homeland Security the disclosure of which would jeopardize:
63np (a) the safety of the general public; or
63nq (b) the security of:
63nr (i) governmental property;
63ns (ii) governmental programs; or
63nt (iii) the property of a private person who provides the Division of Homeland Security
63nu information;
63nv (49) records of the Department of Agriculture and Food relating to the National Animal
63nw Identification System or any other program that provides for the identification, tracing, or control of
63nx livestock diseases, including any program established under Title 4, Chapter 24, Utah Livestock Brand
63ny and Anti-theft Act or Title 4, Chapter 31, Livestock Inspection and Quarantine;
63nz (50) as provided in Section 26-39-501:
63oa (a) information or records held by the Department of Health related to a complaint regarding
63ob a child care program or residential child care which the department is unable to substantiate; and
63oc (b) information or records related to a complaint received by the Department of Health from
63od an anonymous complainant regarding a child care program or residential child care;
63oe (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
63of under Section 41-1a-116, an individual's home address, home telephone number, or personal mobile
63og phone number, if:
63oh (a) the individual is required to provide the information in order to comply with a law,
63oi ordinance, rule, or order of a government entity; and
63oj (b) the subject of the record has a reasonable expectation that this information will be .H

63ok kept confidential due to:
63ol (i) the nature of the law, ordinance, rule, or order; and
63om (ii) the individual complying with the law, ordinance, rule, or order;
63on (52) the name, home address, work addresses, and telephone numbers of an individual that is
63oo engaged in, or that provides goods or services for, medical or scientific research that is:
63op (a) conducted within the state system of higher education, as defined in Section 53B-1-102; and
63oq (b) conducted using animals;
63or (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
63os Private Proposal Program, to the extent not made public by rules made under that chapter;
63ot (54) information collected and a report prepared by the Judicial Performance Evaluation
63ou Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial
63ov Performance Evaluation Commission Act, requires disclosure of, or makes public, the information or
63ow report;
63ox (55) (a) records of the Utah Educational Savings Plan Trust created under Section 53B-8a-103
63oy if the disclosure of the records would conflict with its fiduciary obligations;
63oz (b) proposals submitted to the Utah Educational Savings Plan Trust; and
63pa (c) contracts entered into by the Utah Educational Savings Plan Trust and the related
63pb payments; [ and ]
63pc (56) records contained in the Management Information System created in
63pd Section 62A-4a-1003 [ . ] ; and
63pe (57) information requested by and provided to the Utah State 911 Committee under
63pf Section 53-10-602. .H




Legislative Review Note
as of 1-7-09 10:56 AM

Office of Legislative Research and General Counsel