S.B. 309

This document includes Senate Committee Amendments incorporated into the bill on Wed, Mar 2, 2011 at 4:47 PM by rday. --> 1

GOVERNMENT RECORDS ACCESS MANAGEMENT ACT
2 AMENDMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jerry W. Stevenson
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Government Records Access and Management Act to classify
11 access to government employee records.
12 Highlighted Provisions:
13 This bill:
14 . provides that a record that identifies the name of a government employee as
15 receiving a specific gross compensation is a protected record, unless the employee is
16 an elected official or receives gross compensation above a certain amount; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63G-2-301, as last amended by Laws of Utah 2009, Chapter 344
25 63G-2-305, as last amended by Laws of Utah 2010, Chapters 6, 113, and 247
26
27 Be it enacted by the Legislature of the state of Utah:

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- 2 - 28 Section 1. Section 63G-2-301 is amended to read:
29 63G-2-301. Records that must be disclosed.
30 (1) As used in this section:
31 (a) "Business address" means a single address of a governmental agency designated for
32 the public to contact an employee or officer of the governmental agency.
33 (b) "Business email address" means a single email address of a governmental agency
34 designated for the public to contact an employee or officer of the governmental agency.
35 (c) "Business telephone number" means a single telephone number of a governmental
36 agency designated for the public to contact an employee or officer of the governmental agency.
37 (2) The following records are public except to the extent they contain information
38 expressly permitted to be treated confidentially under the provisions of Subsections
39 63G-2-201 (3)(b) and (6)(a):
40 (a) laws;
41 (b) the name, gender, gross compensation, job title, job description, business address,
42 business email address, business telephone number, number of hours worked per pay period,
43 dates of employment, and relevant education, previous employment, and similar job
44 qualifications of a current or former employee or officer of the governmental entity, excluding:
45 (i) undercover law enforcement personnel; and
46 (ii) investigative personnel if disclosure could reasonably be expected to impair the
47 effectiveness of investigations or endanger any individual's safety;
48 (c) final opinions, including concurring and dissenting opinions, and orders that are
49 made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
50 that if the proceedings were properly closed to the public, the opinion and order may be
51 withheld to the extent that they contain information that is private, controlled, or protected;
52 (d) final interpretations of statutes or rules by a governmental entity unless classified as
53 protected as provided in Subsections 63G-2-305 (16), (17), and (18);
54 (e) information contained in or compiled from a transcript, minutes, or report of the
55 open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
56 and Public Meetings Act, including the records of all votes of each member of the
57 governmental entity;
58 (f) judicial records unless a court orders the records to be restricted under the rules of

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- 3 - 59 civil or criminal procedure or unless the records are private under this chapter;
60 (g) unless otherwise classified as private under Section 63G-2-303 , records or parts of
61 records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
62 commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
63 Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
64 other governmental entities that give public notice of:
65 (i) titles or encumbrances to real property;
66 (ii) restrictions on the use of real property;
67 (iii) the capacity of persons to take or convey title to real property; or
68 (iv) tax status for real and personal property;
69 (h) records of the Department of Commerce that evidence incorporations, mergers,
70 name changes, and uniform commercial code filings;
71 (i) data on individuals that would otherwise be private under this chapter if the
72 individual who is the subject of the record has given the governmental entity written
73 permission to make the records available to the public;
74 (j) documentation of the compensation that a governmental entity pays to a contractor
75 or private provider;
76 (k) summary data; and
77 (l) voter registration records, including an individual's voting history, except for those
78 parts of the record that are classified as private in Subsection 63G-2-302 (1)(i).
79 (3) The following records are normally public, but to the extent that a record is
80 expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201 (3)(b),
81 Section 63G-2-302 , 63G-2-304 , or 63G-2-305 :
82 (a) administrative staff manuals, instructions to staff, and statements of policy;
83 (b) records documenting a contractor's or private provider's compliance with the terms
84 of a contract with a governmental entity;
85 (c) records documenting the services provided by a contractor or a private provider to
86 the extent the records would be public if prepared by the governmental entity;
87 (d) contracts entered into by a governmental entity;
88 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
89 by a governmental entity;

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- 4 - 90 (f) records relating to government assistance or incentives publicly disclosed,
91 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
92 business in Utah, except as provided in Subsection 63G-2-305 (35);
93 (g) chronological logs and initial contact reports;
94 (h) correspondence by and with a governmental entity in which the governmental entity
95 determines or states an opinion upon the rights of the state, a political subdivision, the public,
96 or any person;
97 (i) empirical data contained in drafts if:
98 (i) the empirical data is not reasonably available to the requester elsewhere in similar
99 form; and
100 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
101 make nonsubstantive changes before release;
102 (j) drafts that are circulated to anyone other than:
103 (i) a governmental entity;
104 (ii) a political subdivision;
105 (iii) a federal agency if the governmental entity and the federal agency are jointly
106 responsible for implementation of a program or project that has been legislatively approved;
107 (iv) a government-managed corporation; or
108 (v) a contractor or private provider;
109 (k) drafts that have never been finalized but were relied upon by the governmental
110 entity in carrying out action or policy;
111 (l) original data in a computer program if the governmental entity chooses not to
112 disclose the program;
113 (m) arrest warrants after issuance, except that, for good cause, a court may order
114 restricted access to arrest warrants prior to service;
115 (n) search warrants after execution and filing of the return, except that a court, for good
116 cause, may order restricted access to search warrants prior to trial;
117 (o) records that would disclose information relating to formal charges or disciplinary
118 actions against a past or present governmental entity employee if:
119 (i) the disciplinary action has been completed and all time periods for administrative
120 appeal have expired; and

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Senate Committee Amendments 3-2-2011 rd/erb 121

(ii) the charges on which the disciplinary action was based were sustained;
122 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
123 and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
124 evidence mineral production on government lands;
125 (q) final audit reports;
126 (r) occupational and professional licenses;
127 (s) business licenses; and
128 (t) a notice of violation, a notice of agency action under Section 63G-4-201 , or similar
129 records used to initiate proceedings for discipline or sanctions against persons regulated by a
130 governmental entity, but not including records that initiate employee discipline.
131 (4) The list of public records in this section is not exhaustive and should not be used to
132 limit access to records.
133 (5) Notwithstanding Subsection (2)(b), a record that identifies the name of a current or
134 former employee or officer of a governmental entity as receiving a specific gross compensation
135 is a protected record in accordance with Section 63G-2-305 if:
136 (a) the employee or officer is not elected; and
137 (b) the employee's or officer's gross compensation is less than or equals S. [ $65,000 ]
137a $85,000 .S per
138 fiscal year.
139 Section 2. Section 63G-2-305 is amended to read:
140 63G-2-305. Protected records.
141 The following records are protected if properly classified by a governmental entity:
142 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
143 has provided the governmental entity with the information specified in Section 63G-2-309 ;
144 (2) commercial information or nonindividual financial information obtained from a
145 person if:
146 (a) disclosure of the information could reasonably be expected to result in unfair
147 competitive injury to the person submitting the information or would impair the ability of the
148 governmental entity to obtain necessary information in the future;
149 (b) the person submitting the information has a greater interest in prohibiting access
150 than the public in obtaining access; and
151 (c) the person submitting the information has provided the governmental entity with

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- 6 - 152 the information specified in Section 63G-2-309 ;
153 (3) commercial or financial information acquired or prepared by a governmental entity
154 to the extent that disclosure would lead to financial speculations in currencies, securities, or
155 commodities that will interfere with a planned transaction by the governmental entity or cause
156 substantial financial injury to the governmental entity or state economy;
157 (4) records the disclosure of which could cause commercial injury to, or confer a
158 competitive advantage upon a potential or actual competitor of, a commercial project entity as
159 defined in Subsection 11-13-103 (4);
160 (5) test questions and answers to be used in future license, certification, registration,
161 employment, or academic examinations;
162 (6) records the disclosure of which would impair governmental procurement
163 proceedings or give an unfair advantage to any person proposing to enter into a contract or
164 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
165 Subsection (6) does not restrict the right of a person to have access to, once the contract or
166 grant has been awarded, a bid, proposal, or application submitted to or by a governmental
167 entity in response to:
168 (a) a request for bids;
169 (b) a request for proposals;
170 (c) a grant; or
171 (d) other similar document;
172 (7) records that would identify real property or the appraisal or estimated value of real
173 or personal property, including intellectual property, under consideration for public acquisition
174 before any rights to the property are acquired unless:
175 (a) public interest in obtaining access to the information outweighs the governmental
176 entity's need to acquire the property on the best terms possible;
177 (b) the information has already been disclosed to persons not employed by or under a
178 duty of confidentiality to the entity;
179 (c) in the case of records that would identify property, potential sellers of the described
180 property have already learned of the governmental entity's plans to acquire the property;
181 (d) in the case of records that would identify the appraisal or estimated value of
182 property, the potential sellers have already learned of the governmental entity's estimated value

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- 7 - 183 of the property; or
184 (e) the property under consideration for public acquisition is a single family residence
185 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
186 the property as required under Section 78B-6-505 ;
187 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
188 compensated transaction of real or personal property including intellectual property, which, if
189 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
190 of the subject property, unless:
191 (a) the public interest in access outweighs the interests in restricting access, including
192 the governmental entity's interest in maximizing the financial benefit of the transaction; or
193 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
194 the value of the subject property have already been disclosed to persons not employed by or
195 under a duty of confidentiality to the entity;
196 (9) records created or maintained for civil, criminal, or administrative enforcement
197 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
198 release of the records:
199 (a) reasonably could be expected to interfere with investigations undertaken for
200 enforcement, discipline, licensing, certification, or registration purposes;
201 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
202 proceedings;
203 (c) would create a danger of depriving a person of a right to a fair trial or impartial
204 hearing;
205 (d) reasonably could be expected to disclose the identity of a source who is not
206 generally known outside of government and, in the case of a record compiled in the course of
207 an investigation, disclose information furnished by a source not generally known outside of
208 government if disclosure would compromise the source; or
209 (e) reasonably could be expected to disclose investigative or audit techniques,
210 procedures, policies, or orders not generally known outside of government if disclosure would
211 interfere with enforcement or audit efforts;
212 (10) records the disclosure of which would jeopardize the life or safety of an
213 individual;

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- 8 - 214 (11) records the disclosure of which would jeopardize the security of governmental
215 property, governmental programs, or governmental recordkeeping systems from damage, theft,
216 or other appropriation or use contrary to law or public policy;
217 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
218 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
219 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
220 (13) records that, if disclosed, would reveal recommendations made to the Board of
221 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
222 Board of Pardons and Parole, or the Department of Human Services that are based on the
223 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
224 jurisdiction;
225 (14) records and audit workpapers that identify audit, collection, and operational
226 procedures and methods used by the State Tax Commission, if disclosure would interfere with
227 audits or collections;
228 (15) records of a governmental audit agency relating to an ongoing or planned audit
229 until the final audit is released;
230 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
231 litigation that are not available under the rules of discovery;
232 (17) records disclosing an attorney's work product, including the mental impressions or
233 legal theories of an attorney or other representative of a governmental entity concerning
234 litigation;
235 (18) records of communications between a governmental entity and an attorney
236 representing, retained, or employed by the governmental entity if the communications would be
237 privileged as provided in Section 78B-1-137 ;
238 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
239 from a member of the Legislature; and
240 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
241 legislative action or policy may not be classified as protected under this section; and
242 (b) (i) an internal communication that is part of the deliberative process in connection
243 with the preparation of legislation between:
244 (A) members of a legislative body;

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- 9 - 245 (B) a member of a legislative body and a member of the legislative body's staff; or
246 (C) members of a legislative body's staff; and
247 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
248 legislative action or policy may not be classified as protected under this section;
249 (20) (a) records in the custody or control of the Office of Legislative Research and
250 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
251 legislation or contemplated course of action before the legislator has elected to support the
252 legislation or course of action, or made the legislation or course of action public; and
253 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
254 Office of Legislative Research and General Counsel is a public document unless a legislator
255 asks that the records requesting the legislation be maintained as protected records until such
256 time as the legislator elects to make the legislation or course of action public;
257 (21) research requests from legislators to the Office of Legislative Research and
258 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
259 in response to these requests;
260 (22) drafts, unless otherwise classified as public;
261 (23) records concerning a governmental entity's strategy about collective bargaining or
262 pending litigation;
263 (24) records of investigations of loss occurrences and analyses of loss occurrences that
264 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
265 Uninsured Employers' Fund, or similar divisions in other governmental entities;
266 (25) records, other than personnel evaluations, that contain a personal recommendation
267 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
268 personal privacy, or disclosure is not in the public interest;
269 (26) records that reveal the location of historic, prehistoric, paleontological, or
270 biological resources that if known would jeopardize the security of those resources or of
271 valuable historic, scientific, educational, or cultural information;
272 (27) records of independent state agencies if the disclosure of the records would
273 conflict with the fiduciary obligations of the agency;
274 (28) records of an institution within the state system of higher education defined in
275 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,

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- 10 - 276 retention decisions, and promotions, which could be properly discussed in a meeting closed in
277 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
278 the final decisions about tenure, appointments, retention, promotions, or those students
279 admitted, may not be classified as protected under this section;
280 (29) records of the governor's office, including budget recommendations, legislative
281 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
282 policies or contemplated courses of action before the governor has implemented or rejected
283 those policies or courses of action or made them public;
284 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
285 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
286 recommendations in these areas;
287 (31) records provided by the United States or by a government entity outside the state
288 that are given to the governmental entity with a requirement that they be managed as protected
289 records if the providing entity certifies that the record would not be subject to public disclosure
290 if retained by it;
291 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
292 except as provided in Section 52-4-206 ;
293 (33) records that would reveal the contents of settlement negotiations but not including
294 final settlements or empirical data to the extent that they are not otherwise exempt from
295 disclosure;
296 (34) memoranda prepared by staff and used in the decision-making process by an
297 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
298 other body charged by law with performing a quasi-judicial function;
299 (35) records that would reveal negotiations regarding assistance or incentives offered
300 by or requested from a governmental entity for the purpose of encouraging a person to expand
301 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
302 person or place the governmental entity at a competitive disadvantage, but this section may not
303 be used to restrict access to a record evidencing a final contract;
304 (36) materials to which access must be limited for purposes of securing or maintaining
305 the governmental entity's proprietary protection of intellectual property rights including patents,
306 copyrights, and trade secrets;

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- 11 - 307 (37) the name of a donor or a prospective donor to a governmental entity, including an
308 institution within the state system of higher education defined in Section 53B-1-102 , and other
309 information concerning the donation that could reasonably be expected to reveal the identity of
310 the donor, provided that:
311 (a) the donor requests anonymity in writing;
312 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
313 classified protected by the governmental entity under this Subsection (37); and
314 (c) except for an institution within the state system of higher education defined in
315 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
316 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
317 over the donor, a member of the donor's immediate family, or any entity owned or controlled
318 by the donor or the donor's immediate family;
319 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
320 73-18-13 ;
321 (39) a notification of workers' compensation insurance coverage described in Section
322 34A-2-205 ;
323 (40) (a) the following records of an institution within the state system of higher
324 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
325 or received by or on behalf of faculty, staff, employees, or students of the institution:
326 (i) unpublished lecture notes;
327 (ii) unpublished notes, data, and information:
328 (A) relating to research; and
329 (B) of:
330 (I) the institution within the state system of higher education defined in Section
331 53B-1-102 ; or
332 (II) a sponsor of sponsored research;
333 (iii) unpublished manuscripts;
334 (iv) creative works in process;
335 (v) scholarly correspondence; and
336 (vi) confidential information contained in research proposals;
337 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public

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- 12 - 338 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
339 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
340 (41) (a) records in the custody or control of the Office of Legislative Auditor General
341 that would reveal the name of a particular legislator who requests a legislative audit prior to the
342 date that audit is completed and made public; and
343 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
344 Office of the Legislative Auditor General is a public document unless the legislator asks that
345 the records in the custody or control of the Office of Legislative Auditor General that would
346 reveal the name of a particular legislator who requests a legislative audit be maintained as
347 protected records until the audit is completed and made public;
348 (42) records that provide detail as to the location of an explosive, including a map or
349 other document that indicates the location of:
350 (a) a production facility; or
351 (b) a magazine;
352 (43) information:
353 (a) contained in the statewide database of the Division of Aging and Adult Services
354 created by Section 62A-3-311.1 ; or
355 (b) received or maintained in relation to the Identity Theft Reporting Information
356 System (IRIS) established under Section 67-5-22 ;
357 (44) information contained in the Management Information System and Licensing
358 Information System described in Title 62A, Chapter 4a, Child and Family Services;
359 (45) information regarding National Guard operations or activities in support of the
360 National Guard's federal mission;
361 (46) records provided by any pawn or secondhand business to a law enforcement
362 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
363 Secondhand Merchandise Transaction Information Act;
364 (47) information regarding food security, risk, and vulnerability assessments performed
365 by the Department of Agriculture and Food;
366 (48) except to the extent that the record is exempt from this chapter pursuant to Section
367 63G-2-106 , records related to an emergency plan or program prepared or maintained by the
368 Division of Homeland Security the disclosure of which would jeopardize:

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- 13 - 369 (a) the safety of the general public; or
370 (b) the security of:
371 (i) governmental property;
372 (ii) governmental programs; or
373 (iii) the property of a private person who provides the Division of Homeland Security
374 information;
375 (49) records of the Department of Agriculture and Food relating to the National
376 Animal Identification System or any other program that provides for the identification, tracing,
377 or control of livestock diseases, including any program established under Title 4, Chapter 24,
378 Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Livestock Inspection and
379 Quarantine;
380 (50) as provided in Section 26-39-501 :
381 (a) information or records held by the Department of Health related to a complaint
382 regarding a child care program or residential child care which the department is unable to
383 substantiate; and
384 (b) information or records related to a complaint received by the Department of Health
385 from an anonymous complainant regarding a child care program or residential child care;
386 (51) unless otherwise classified as public under Section 63G-2-301 and except as
387 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
388 personal mobile phone number, if:
389 (a) the individual is required to provide the information in order to comply with a law,
390 ordinance, rule, or order of a government entity; and
391 (b) the subject of the record has a reasonable expectation that this information will be
392 kept confidential due to:
393 (i) the nature of the law, ordinance, rule, or order; and
394 (ii) the individual complying with the law, ordinance, rule, or order;
395 (52) the name, home address, work addresses, and telephone numbers of an individual
396 that is engaged in, or that provides goods or services for, medical or scientific research that is:
397 (a) conducted within the state system of higher education, as defined in Section
398 53B-1-102 ; and
399 (b) conducted using animals;

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- 14 - 400 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
401 Private Proposal Program, to the extent not made public by rules made under that chapter;
402 (54) information collected and a report prepared by the Judicial Performance
403 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
404 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
405 the information or report;
406 (55) (a) records of the Utah Educational Savings Plan created under Section
407 53B-8a-103 if the disclosure of the records would conflict with its fiduciary obligations;
408 (b) proposals submitted to the Utah Educational Savings Plan; and
409 (c) contracts entered into by the Utah Educational Savings Plan and the related
410 payments;
411 (56) records contained in the Management Information System created in Section
412 62A-4a-1003 ;
413 (57) records provided or received by the Public Lands Policy Coordinating Office in
414 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
415 (58) information requested by and provided to the Utah State 911 Committee under
416 Section 53-10-602 ;
417 (59) recorded Children's Justice Center investigative interviews, both video and audio,
418 the release of which are governed by Section 77-37-4 ; [and]
419 (60) in accordance with Section 73-10-33 :
420 (a) a management plan for a water conveyance facility in the possession of the Division
421 of Water Resources or the Board of Water Resources; or
422 (b) an outline of an emergency response plan in possession of the state or a county or
423 municipality[.]; and
424 (61) a record described in Subsection 63G-2-301 (5).

Legislative Review Note
as of 2-22-11 11:07 AM

Office of Legislative Research and General Counsel