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MINUTES OF THE HOUSE
PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE
Room WO20, House Building, State Capitol Complex
February 23, 2009


Members Present:    Rep. Michael Noel, Chair
            Rep. Brad Winn, Vice Chair
            Rep. Roger Barrus
            Rep. Rebecca Chavez-Houck            
            Rep. Lorie Fowlke
            Rep. Jim Gowans
            Rep. Lynn Hemingway            
            Rep. Chris Herrod
            Rep. Fred Hunsaker
            Rep. Ryan Wilcox
            
Members Absent:    Rep. Mel Brown

Staff Present:    Richard North, Policy Analyst
            Cherri White, Committee Secretary

Note: A list of visitors and a copy of handouts are filed with the committee minutes.
                                        
Representative Winn called the meeting to order at 4: 39 pm. and called for a motion to approve the minutes of February 17, 2009.

MOTION:    Representative Hunsaker moved to approve the minutes of February 17, 2009. The motion passed unanimously with Representatives Brown, Fowlke, Herrod, and Wilcox absent for the vote.

HJR009    Joint Resolution on Cost-effective Energy Efficiency and Utility Demand-side Management (Rep. R. Barrus)

MOTION:
    Representative Barrus moved to delete HJR009 and replace it with 1st Substitute HJR009 Joint Resolution on Cost-effective Energy Efficiency and Utility Demand-side Management. The motion passed unanimously with Representatives Brown, Fowlke, Herrod, and Wilcox absent for the vote.

Representative Barrus introduced 1st Substitute HJR009 and explained its intent.

Kevin Emerson, Program Associate, Utah Clean Energy, and Michele Beck, Director, Utah Committee of Consumer Services, Kevin Boardman, Director Government Affairs, Rocky Mountain Power Company, spoke for the bill.


MOTION:
    Representative Hunsaker moved to pass out 1st Substitute HJR009 favorably. The motion passed unanimously with Representatives Brown and Wilcox absent for the vote.

HB0245    Utah State 911 Committee Amendments (Rep. C. Oda)

The sponsor requested that a member of the committee pass an amendment that had been prepared.

MOTION:    Representative Fowlke moved to amend:


1.    Page 1, Line 20 :    

             20          53-10-602, as last amended by Laws of Utah 2008, Chapter 382
      59-1-403, as last amended by Laws of Utah 2008, Chapters 3, 382, and 384

    63G-2-305, as last amended by Laws of Utah 2008, Chapters 3, 87, 95, 101, 111, 161, 196, 248, 352 and renumbered and amended by Laws of Utah 2008, Chapter 382  


2.    Page 2, Lines 44 through 53 :    

             44          (3) (a) The committee shall review information regarding:
             45          (i)
  in aggregate,       the number of      {   telephone subscribers   }        telecommunication service subscribers by telecommunication service type in a political subdivision       ;

             46          (ii) 911 call delivery network costs;
             47          (iii) public safety answering point costs; and
             48          (iv) system engineering information.
             49          (b)
{   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       :

             51          (i)
  information as described in Subsection (3)(a)(i) from       the Utah State Tax Commission;        and      

             52          
{   (ii) the local exchange carriers; and   }

             53          
{   (iii)   }        (ii) information from       public safety answering points connected to the 911 call delivery system.

      (c) The information requested by and provided to the committee under

Subsection (3) is a protected record in accordance with Section 63G-2-305.      



3.    Page 3, Line 63 :    

             63      entity or state agency must adopt in order to qualify for grants from the fund.
    
  (6) This section does not expand the authority of the Utah State Tax Commission to request additional information from a telecommunication service provider, including information described in Subsection (3)(a)(i).      

      Section 2. Section 59-1-403 is amended to read:      

     59-1-403 .   Confidentiality -- Exceptions -- Penalty -- Application to property tax.
     (1) (a) Any of the following may not divulge or make known in any manner any information gained by that person from any return filed with the commission:
     (i) a tax commissioner;
     (ii) an agent, clerk, or other officer or employee of the commission; or
     (iii) a representative, agent, clerk, or other officer or employee of any county, city, or town.
     (b) An official charged with the custody of a return filed with the commission is not required to produce the return or evidence of anything contained in the return in any action or proceeding in any court, except:
     (i) in accordance with judicial order;
     (ii) on behalf of the commission in any action or proceeding under:
     (A) this title; or
     (B) other law under which persons are required to file returns with the commission;
     (iii) on behalf of the commission in any action or proceeding to which the commission is a party; or
     (iv) on behalf of any party to any action or proceeding under this title if the report or facts shown by the return are directly involved in the action or proceeding.
     (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may admit in evidence, any portion of a return or of the facts shown by the return, as are specifically pertinent to the action or proceeding.
     (2) This section does not prohibit:
     (a) a person or that person's duly authorized representative from receiving a copy of any return or report filed in connection with that person's own tax;
     (b) the publication of statistics as long as the statistics are classified to prevent the identification of particular reports or returns; and


     (c) the inspection by the attorney general or other legal representative of the state of the report or return of any taxpayer:
     (i) who brings action to set aside or review a tax based on the report or return;
     (ii) against whom an action or proceeding is contemplated or has been instituted under this title; or
     (iii) against whom the state has an unsatisfied money judgment.
     (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for a reciprocal exchange of information with:
     (i) the United States Internal Revenue Service; or
     (ii) the revenue service of any other state.
     (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and corporate franchise tax, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and other written statements with the federal government, any other state, any of the political subdivisions of another state, or any political subdivision of this state, except as limited by Sections 59-12-209 and 59-12-210 , if the political subdivision, other state, or the federal government grant substantially similar privileges to this state.
     (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for the issuance of information concerning the identity and other information of taxpayers who have failed to file tax returns or to pay any tax due.
     (d) Notwithstanding Subsection (1), the commission shall provide to the Solid and Hazardous Waste Control Board executive secretary, as defined in Section 19-6-102 , as requested by the executive secretary, any records, returns, or other information filed with the commission under Chapter 13, Motor and Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program participation fee.
     (e) Notwithstanding Subsection (1), at the request of any person the commission shall provide that person sales and purchase volume data reported to the commission on a report, return, or other information filed with the commission under:
     (i) Chapter 13, Part 2, Motor Fuel; or
     (ii) Chapter 13, Part 4, Aviation Fuel.
     (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer, as defined in Section 59-22-202 , the commission shall report to the

manufacturer:
     (i) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the manufacturer and reported to the commission for the previous calendar year under Section 59-14-407 ; and
     (ii) the quantity of cigarettes, as defined in Section 59-22-202 , produced by the manufacturer for which a tax refund was granted during the previous calendar year under Section 59-14-401 and reported to the commission under Subsection 59-14-401 (1)(a)(v).
     (g) Notwithstanding Subsection (1), the commission shall notify manufacturers, distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited from selling cigarettes to consumers within the state under Subsection 59-14-210 (2).
     (h) Notwithstanding Subsection (1), the commission may:
     (i) provide to the Division of Consumer Protection within the Department of Commerce and the attorney general data:
     (A) reported to the commission under Section 59-14-212 ; or
     (B) related to a violation under Section 59-14-211 ; and
     (ii) upon request provide to any person data reported to the commission under Subsections 59-14-212 (1)(a) through (c) and Subsection 59-14-212 (1)(g).
     (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee of the Legislature, Office of the Legislative Fiscal Analyst, or Governor's Office of Planning and Budget, provide to the committee or office the total amount of revenues collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period specified by the committee or office.
     (j) Notwithstanding Subsection (1), the commission shall at the request of the Legislature provide to the Legislature the total amount of sales or uses exempt under Subsection 59-12-104 (46) reported to the commission in accordance with Section 59-12-105 .
     (k) Notwithstanding Subsection (1), the commission shall make the directory required by Section 59-14-603 available for public inspection.
     (l) Notwithstanding Subsection (1), the commission may share information with federal, state, or local agencies as provided in Subsection 59-14-606 (3).
     (m) (i) Notwithstanding Subsection (1), the commission shall provide the Office of Recovery Services within the Department of Human Services any relevant information obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer who has become obligated to the Office of Recovery Services.


     (ii) The information described in Subsection (3)(m)(i) may be provided by the Office of Recovery Services to any other state's child support collection agency involved in enforcing that support obligation.
     (n) (i) Notwithstanding Subsection (1), upon request from the state court administrator, the commission shall provide to the state court administrator, the name, address, telephone number, county of residence, and Social Security number on resident returns filed under Chapter 10, Individual Income Tax Act.
     (ii) The state court administrator may use the information described in Subsection (3)(n)(i) only as a source list for the master jury list described in Section 78B-1-106 .
     (o) Notwithstanding Subsection (1), the commission shall at the request of a committee, commission, or task force of the Legislature provide to the committee, commission, or task force of the Legislature any information relating to a tax imposed under Chapter 9, Taxation of Admitted Insurers, relating to the study required by Section 59-9-101 .
     (p) (i) As used in this Subsection (3)(p), "office" means the:
     (A) Office of the Legislative Fiscal Analyst; or
     (B) Office of Legislative Research and General Counsel.
     (ii) Notwithstanding Subsection (1) and except as provided in Subsection (3)(p)(iii), the commission shall at the request of an office provide to the office all information:
     (A) gained by the commission; and
     (B) required to be attached to or included in returns filed with the commission.
     (iii) (A) An office may not request and the commission may not provide to an office a person's:
     (I) address;
     (II) name;
     (III) Social Security number; or
     (IV) taxpayer identification number.
     (B) The commission shall in all instances protect the privacy of a person as required by Subsection (3)(p)(iii)(A).
     (iv) An office may provide information received from the commission in accordance with this Subsection (3)(p) only:
     (A) as:
     (I) a fiscal estimate;
     (II) fiscal note information; or
     (III) statistical information; and


     (B) if the information is classified to prevent the identification of a particular return.
     (v) (A) A person may not request information from an office under Title 63G, Chapter 2, Government Records Access and Management Act, or this section, if that office received the information from the commission in accordance with this Subsection (3)(p).
     (B) An office may not provide to a person that requests information in accordance with Subsection (3)(p)(v)(A) any information other than the information the office provides in accordance with Subsection (3)(p)(iv).
     (q) Notwithstanding Subsection (1), the commission may provide to the governing board of the agreement or a taxing official of another state, the District of Columbia, the United States, or a territory of the United States:
     (i) the following relating to an agreement sales and use tax:
     (A) information contained in a return filed with the commission;
     (B) information contained in a report filed with the commission;
     (C) a schedule related to Subsection (3)(q)(i)(A) or (B); or
     (D) a document filed with the commission; or
     (ii) a report of an audit or investigation made with respect to an agreement sales and use tax.
      (r) Notwithstanding Subsection (1), the commission shall provide to the Utah State 911 Committee the information requested by the Utah State 911 Committee under Subsection 53-10-602 (3).      

     (4) (a) Reports and returns shall be preserved for at least three years.
     (b) After the three-year period provided in Subsection (4)(a) the commission may destroy a report or return.
     (5) (a) Any person who violates this section is guilty of a class A misdemeanor.
     (b) If the person described in Subsection (5)(a) is an officer or employee of the state, the person shall be dismissed from office and be disqualified from holding public office in this state for a period of five years thereafter.
     (c) Notwithstanding Subsection (5)(a) or (b), an office that requests information in accordance with Subsection (3)(p)(iii) or a person that requests information in accordance with Subsection (3)(p)(v):
     (i) is not guilty of a class A misdemeanor; and
     (ii) is not subject to:
     (A) dismissal from office in accordance with Subsection (5)(b); or
     (B) disqualification from holding public office in accordance with Subsection

(5)(b).
     (6) Except as provided in Section 59-1-404 , this part does not apply to the property tax.
    

  Section 3. Section 63G-2-305 is amended to read:      

     63G-2-305 .   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 63G-2-309 ;
     (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 63G-2-309 ;
     (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, subject to Subsection (1) and (2), that this Subsection (6) does not restrict the right of a person to have access to, once the contract or grant has been awarded, a bid, proposal, or application submitted to or by a governmental entity in response to:
     (a) a request for bids;


     (b) a request for proposals;
     (c) a grant; or
     (d) other similar document;
     (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;
     (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; or
     (e) the property under consideration for public acquisition is a single family residence and the governmental entity seeking to acquire the property has initiated negotiations to acquire the property as required under Section 78B-6-505 ;
     (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 78B-1-137 ;
     (19) (a) (i) personal files of a state legislator, including personal correspondence to or from a member of the Legislature; and
     (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action or policy may not be classified as protected under this section; and
     (b) (i) an internal communication that is part of the deliberative process in connection with the preparation of legislation between:
     (A) members of a legislative body;
     (B) a member of a legislative body and a member of the legislative body's staff; or
     (C) members of a legislative body's staff; and
     (ii) notwithstanding Subsection (19)(b)(i), a communication 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 an institution within the state system of higher education defined in Section 53B-1-102 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 Act, 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 52-4-206 ;
     (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 an institution within the state system of higher education defined in Section 53B-1-102 , 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 an institution within the state system of higher education defined in Section 53B-1-102 , 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 the donor's immediate family, or any entity owned or controlled by the donor or the donor's immediate family;
     (38) accident reports, except as provided in Sections 41-6a-404 , 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 an institution within the state system of higher education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to, or received by or on behalf of faculty, staff, employees, or students of the institution:
     (i) unpublished lecture notes;
     (ii) unpublished notes, data, and information:
     (A) relating to research; and
     (B) of:
     (I) the institution within the state system of higher education defined in Section 53B-1-102 ; or
     (II) a sponsor of sponsored research;
     (iii) unpublished manuscripts;
     (iv) creative works in process;
     (v) scholarly correspondence; and
     (vi) confidential information contained in research proposals;


     (b) Subsection (40)(a) may not be construed to prohibit disclosure of public information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
     (c) 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:
     (a) contained in the statewide database of the Division of Aging and Adult Services created by Section 62A-3-311.1 ; or
     (b) received or maintained in relation to the Identity Theft Reporting Information System (IRIS) established under Section 67-5-22 ;
     (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) records provided by any pawn or secondhand business to a law enforcement agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act;
     (47) information regarding food security, risk, and vulnerability assessments performed by the Department of Agriculture and Food;
     (48) except to the extent that the record is exempt from this chapter pursuant to Section 63G-2-106 , records related to an emergency plan or program prepared or maintained by the Division of Homeland Security the disclosure of which would jeopardize:
     (a) the safety of the general public; or
     (b) the security of:


     (i) governmental property;
     (ii) governmental programs; or
     (iii) the property of a private person who provides the Division of Homeland Security information;
     (49) records of the Department of Agriculture and Food relating to the National Animal Identification System or any other program that provides for the identification, tracing, or control of livestock diseases, including any program established under Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Livestock Inspection and Quarantine;
     (50) as provided in Section 26-39-501 :
     (a) information or records held by the Department of Health related to a complaint regarding a child care program or residential child care which the department is unable to substantiate; and
     (b) information or records related to a complaint received by the Department of Health from an anonymous complainant regarding a child care program or residential child care;
     (51) unless otherwise classified as public under Section 63G-2-301 and except as provided under Section 41-1a-116 , an individual's home address, home telephone number, or personal mobile phone number, if:
     (a) the individual is required to provide the information in order to comply with a law, ordinance, rule, or order of a government entity; and
     (b) the subject of the record has a reasonable expectation that this information will be kept confidential due to:
     (i) the nature of the law, ordinance, rule, or order; and
     (ii) the individual complying with the law, ordinance, rule, or order;
     (52) the name, home address, work addresses, and telephone numbers of an individual that is engaged in, or that provides goods or services for, medical or scientific research that is:
     (a) conducted within the state system of higher education, as defined in Section 53B-1-102 ; and
     (b) conducted using animals;
     (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement Private Proposal Program, to the extent not made public by rules made under that chapter;
     (54) information collected and a report prepared by the Judicial Performance

Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public, the information or report;
     (55) (a) records of the Utah Educational Savings Plan Trust created under Section 53B-8a-103 if the disclosure of the records would conflict with its fiduciary obligations;
     (b) proposals submitted to the Utah Educational Savings Plan Trust; and
     (c) contracts entered into by the Utah Educational Savings Plan Trust and the related payments;

{   and   }

     (56) records contained in the Management Information System created in Section 62A-4a-1003
{   .   }        ; and

    (57) information requested by and provided to the Utah State 911 Committee under Section 53-10-602.  





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

Office of Legislative Research and General Counsel



The motion to amend passed unanimously with Representatives Brown and Wilcox absent for the vote.
    
The sponsor proceeded to introduce the bill and explained its intent. William Harry, Vice Chair, State 911 Committee, Executive Director, Valley Emergency Communications Center (VECC), assisted with the presentation and answered questions from the committee.

MOTION:    Representative Fowlke moved to amend, from the amendment sheet:

Line 63:    After " provider" delete " , including information described in Subsection (3)(a)(i) "

The motion to amend passed unanimously with Representatives Brown, Noel, and Wilcox absent for the vote.

MOTION:    Representative Fowlke moved to pass HB 245 out favorably as amended. The motion passed unanimously with Representatives Brown, Noel, and Wilcox absent for the vote.

MOTION:    Representative Chavez-Houck moved to place the bill on the Consent Calendar. The motion passed unanimously with Representatives Brown, Noel, and Wilcox absent for the vote.



Representative Winn called for a motion to adjourn.

MOTION:    Representative Gowans moved to adjourn. The motion passed unanimously with Representatives Brown, Noel, and Wilcox absent for the vote. The meeting adjourned at 5:25 pm.





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                    Michael Noel, Chair