H.B.
337
OPEN GOVERNMENT AMENDMENTS
House Committee
Amendments
Amendment 2 February 28, 2012 3:50 PM
Representative John Dougall proposes the following amendments:
1. Page 2, Line 37 :
37 63G-2-1004, Utah Code Annotated 1953
63G-2-1005, Utah Code Annotated 1953
2. Page 4, Lines 107 through 109 :
107 (5) "Public body" is as defined in Section 52-4-103 .
(6) "Restricted information" means:
(a) a private, protected, or controlled record;
(b) private, protected, or controlled information;
(c) a record or information that is protected from release by state law;
(d) a record or information that is protected from release by federal law or rule;
(e) a medical record; or
(f) medical information;
108
{
(6)
}
(7)
"Website" means the Utah Public Records Website created under Section
109 63G-2-1003 .
3. Page 4, Line 116 through Page 5, Line 125 :
116 (3) Except as provided in Subsection (5)(b), (c), or (d), or by rule made under
117 Subsection 63G-2-1004 (1)(b), on or after July 1, 2012, a government entity may, and beginning
118 on July 1, 2013, a government entity shall, post on the website all of the following records of
119 the government entity:
120 (a) ordinances;
121 (b) rules adopted by the governing body of a government entity
, unless the rules are posted on the
website described in Subsection (6)(d)
;
122 (c) policies adopted by the governing body of a government entity;
123 (d) statutorily required reports that do not contain
{
information that is private, protected,
124 or controlled }
restricted information
;
125 (e) manuals that do not contain
{
information that is private, protected, or
controlled
}
restricted information
;
4. Page 5, Line 132 :
132 (k) a record described in Subsection 63G-2-301
{
(1)(c)
}
(3)
that contains information to
5. Page 5, Lines 139 through 141 :
139 (a) (i) the records provided contain
restricted
information
{
that is private, protected, or
controlled
}
;
140 and
141 (ii) the
restricted
information
{
described in Subsection (4)(a)(i)
}
is provided to the
requestor,
6. Page 6, Lines 173 through 174 :
173 branch;
{
and
}
(d) the website of the Division of Administrative Rules; and
174
{
(d)
}
(e)
a page that contains links to:
7. Page 8, Lines 230 through 231 :
230 (11) Nothing in this part is intended to require a government entity to post
{
a private,
231 protected, or controlled record }
restricted information
on the website.
8. Page 9, Lines 253 through 256 :
253 (3) The division may not make rules that require a government entity to post
{
a private,
254 protected, or controlled record }
restricted information
on the website.
255 (4) The division shall present all proposed rules made under this part to the
256 Administrative Rules Review Committee, created in Section 63G-3-501 .
Section 7. Section 63G-2-1005 is enacted to read:
63G-2-1005. Limitations on posting.
Notwithstanding any provision of this part, or rules made under this part, a government entity is not required to, and may not be required to:
(1) redact restricted information from a record in order to require the record to be, or make the record eligible to be, posted on the website; or
(2) post a record on the website that contains restricted information.
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