H.B. 78

1

REQUEST FOR LEGISLATION AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to the status of information on a request for
10 legislation form.
11 Highlighted Provisions:
12 This bill:
13 . provides that information on a request for legislation form that identifies the name
14 of the legislator submitting the form, the date the form is submitted, and the short
15 title assigned to the requested legislation is public information, notwithstanding
16 provisions that would otherwise make that information protected from disclosure;
17 and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63G-2-305, as last amended by Laws of Utah 2012, Chapters 331 and 377
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 63G-2-305 is amended to read:
29 63G-2-305. Protected records.
30 The following records are protected if properly classified by a governmental entity:
31 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
32 has provided the governmental entity with the information specified in Section 63G-2-309 ;
33 (2) commercial information or nonindividual financial information obtained from a
34 person if:
35 (a) disclosure of the information could reasonably be expected to result in unfair
36 competitive injury to the person submitting the information or would impair the ability of the
37 governmental entity to obtain necessary information in the future;
38 (b) the person submitting the information has a greater interest in prohibiting access
39 than the public in obtaining access; and
40 (c) the person submitting the information has provided the governmental entity with
41 the information specified in Section 63G-2-309 ;
42 (3) commercial or financial information acquired or prepared by a governmental entity
43 to the extent that disclosure would lead to financial speculations in currencies, securities, or
44 commodities that will interfere with a planned transaction by the governmental entity or cause
45 substantial financial injury to the governmental entity or state economy;
46 (4) records the disclosure of which could cause commercial injury to, or confer a
47 competitive advantage upon a potential or actual competitor of, a commercial project entity as
48 defined in Subsection 11-13-103 (4);
49 (5) test questions and answers to be used in future license, certification, registration,
50 employment, or academic examinations;
51 (6) records the disclosure of which would impair governmental procurement
52 proceedings or give an unfair advantage to any person proposing to enter into a contract or
53 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
54 Subsection (6) does not restrict the right of a person to have access to, once the contract or
55 grant has been awarded, a bid, proposal, or application submitted to or by a governmental
56 entity in response to:
57 (a) a request for bids;
58 (b) a request for proposals;

59 (c) a grant; or
60 (d) other similar document;
61 (7) records that would identify real property or the appraisal or estimated value of real
62 or personal property, including intellectual property, under consideration for public acquisition
63 before any rights to the property are acquired unless:
64 (a) public interest in obtaining access to the information is greater than or equal to the
65 governmental entity's need to acquire the property on the best terms possible;
66 (b) the information has already been disclosed to persons not employed by or under a
67 duty of confidentiality to the entity;
68 (c) in the case of records that would identify property, potential sellers of the described
69 property have already learned of the governmental entity's plans to acquire the property;
70 (d) in the case of records that would identify the appraisal or estimated value of
71 property, the potential sellers have already learned of the governmental entity's estimated value
72 of the property; or
73 (e) the property under consideration for public acquisition is a single family residence
74 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
75 the property as required under Section 78B-6-505 ;
76 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
77 compensated transaction of real or personal property including intellectual property, which, if
78 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
79 of the subject property, unless:
80 (a) the public interest in access is greater than or equal to the interests in restricting
81 access, including the governmental entity's interest in maximizing the financial benefit of the
82 transaction; or
83 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
84 the value of the subject property have already been disclosed to persons not employed by or
85 under a duty of confidentiality to the entity;
86 (9) records created or maintained for civil, criminal, or administrative enforcement
87 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
88 release of the records:
89 (a) reasonably could be expected to interfere with investigations undertaken for

90 enforcement, discipline, licensing, certification, or registration purposes;
91 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
92 proceedings;
93 (c) would create a danger of depriving a person of a right to a fair trial or impartial
94 hearing;
95 (d) reasonably could be expected to disclose the identity of a source who is not
96 generally known outside of government and, in the case of a record compiled in the course of
97 an investigation, disclose information furnished by a source not generally known outside of
98 government if disclosure would compromise the source; or
99 (e) reasonably could be expected to disclose investigative or audit techniques,
100 procedures, policies, or orders not generally known outside of government if disclosure would
101 interfere with enforcement or audit efforts;
102 (10) records the disclosure of which would jeopardize the life or safety of an
103 individual;
104 (11) records the disclosure of which would jeopardize the security of governmental
105 property, governmental programs, or governmental recordkeeping systems from damage, theft,
106 or other appropriation or use contrary to law or public policy;
107 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
108 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
109 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
110 (13) records that, if disclosed, would reveal recommendations made to the Board of
111 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
112 Board of Pardons and Parole, or the Department of Human Services that are based on the
113 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
114 jurisdiction;
115 (14) records and audit workpapers that identify audit, collection, and operational
116 procedures and methods used by the State Tax Commission, if disclosure would interfere with
117 audits or collections;
118 (15) records of a governmental audit agency relating to an ongoing or planned audit
119 until the final audit is released;
120 (16) records that are subject to the attorney client privilege;

121 (17) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
122 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
123 quasi-judicial, or administrative proceeding;
124 (18) (a) (i) personal files of a state legislator, including personal correspondence to or
125 from a member of the Legislature; and
126 (ii) notwithstanding Subsection (18)(a)(i), correspondence that gives notice of
127 legislative action or policy may not be classified as protected under this section; and
128 (b) (i) an internal communication that is part of the deliberative process in connection
129 with the preparation of legislation between:
130 (A) members of a legislative body;
131 (B) a member of a legislative body and a member of the legislative body's staff; or
132 (C) members of a legislative body's staff; and
133 (ii) notwithstanding Subsection (18)(b)(i), a communication that gives notice of
134 legislative action or policy may not be classified as protected under this section;
135 (19) [(a)] records in the custody or control of the Office of Legislative Research and
136 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
137 legislation or contemplated course of action before the legislator has elected to support the
138 legislation or course of action, or made the legislation or course of action public[; and], except
139 that:
140 [(b) notwithstanding Subsection (19)(a), the]
141 (a) a form to request legislation submitted to the Office of Legislative Research and
142 General Counsel is a public [document unless a legislator asks that the records requesting the
143 legislation] record unless the legislator submitting the request form asks that the request form
144 be maintained as a protected [records] record until such time as the legislator elects to make the
145 legislation or course of action public; and
146 (b) information on a request form that identifies the legislator submitting the request
147 form, the date that the request form is submitted, and the short title by which the requested
148 legislation is designated is public information;
149 (20) research requests from legislators to the Office of Legislative Research and
150 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
151 in response to these requests;

152 (21) drafts, unless otherwise classified as public;
153 (22) records concerning a governmental entity's strategy about:
154 (a) collective bargaining; or
155 (b) imminent or pending litigation;
156 (23) records of investigations of loss occurrences and analyses of loss occurrences that
157 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
158 Uninsured Employers' Fund, or similar divisions in other governmental entities;
159 (24) records, other than personnel evaluations, that contain a personal recommendation
160 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
161 personal privacy, or disclosure is not in the public interest;
162 (25) records that reveal the location of historic, prehistoric, paleontological, or
163 biological resources that if known would jeopardize the security of those resources or of
164 valuable historic, scientific, educational, or cultural information;
165 (26) records of independent state agencies if the disclosure of the records would
166 conflict with the fiduciary obligations of the agency;
167 (27) records of an institution within the state system of higher education defined in
168 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
169 retention decisions, and promotions, which could be properly discussed in a meeting closed in
170 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
171 the final decisions about tenure, appointments, retention, promotions, or those students
172 admitted, may not be classified as protected under this section;
173 (28) records of the governor's office, including budget recommendations, legislative
174 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
175 policies or contemplated courses of action before the governor has implemented or rejected
176 those policies or courses of action or made them public;
177 (29) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
178 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
179 recommendations in these areas;
180 (30) records provided by the United States or by a government entity outside the state
181 that are given to the governmental entity with a requirement that they be managed as protected
182 records if the providing entity certifies that the record would not be subject to public disclosure

183 if retained by it;
184 (31) transcripts, minutes, or reports of the closed portion of a meeting of a public body
185 except as provided in Section 52-4-206 ;
186 (32) records that would reveal the contents of settlement negotiations but not including
187 final settlements or empirical data to the extent that they are not otherwise exempt from
188 disclosure;
189 (33) memoranda prepared by staff and used in the decision-making process by an
190 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
191 other body charged by law with performing a quasijudicial function;
192 (34) records that would reveal negotiations regarding assistance or incentives offered
193 by or requested from a governmental entity for the purpose of encouraging a person to expand
194 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
195 person or place the governmental entity at a competitive disadvantage, but this section may not
196 be used to restrict access to a record evidencing a final contract;
197 (35) materials to which access must be limited for purposes of securing or maintaining
198 the governmental entity's proprietary protection of intellectual property rights including patents,
199 copyrights, and trade secrets;
200 (36) the name of a donor or a prospective donor to a governmental entity, including an
201 institution within the state system of higher education defined in Section 53B-1-102 , and other
202 information concerning the donation that could reasonably be expected to reveal the identity of
203 the donor, provided that:
204 (a) the donor requests anonymity in writing;
205 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
206 classified protected by the governmental entity under this Subsection (36); and
207 (c) except for an institution within the state system of higher education defined in
208 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
209 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
210 over the donor, a member of the donor's immediate family, or any entity owned or controlled
211 by the donor or the donor's immediate family;
212 (37) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
213 73-18-13 ;

214 (38) a notification of workers' compensation insurance coverage described in Section
215 34A-2-205 ;
216 (39) (a) the following records of an institution within the state system of higher
217 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,
218 or received by or on behalf of faculty, staff, employees, or students of the institution:
219 (i) unpublished lecture notes;
220 (ii) unpublished notes, data, and information:
221 (A) relating to research; and
222 (B) of:
223 (I) the institution within the state system of higher education defined in Section
224 53B-1-102 ; or
225 (II) a sponsor of sponsored research;
226 (iii) unpublished manuscripts;
227 (iv) creative works in process;
228 (v) scholarly correspondence; and
229 (vi) confidential information contained in research proposals;
230 (b) Subsection (39)(a) may not be construed to prohibit disclosure of public
231 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
232 (c) Subsection (39)(a) may not be construed to affect the ownership of a record;
233 (40) (a) records in the custody or control of the Office of Legislative Auditor General
234 that would reveal the name of a particular legislator who requests a legislative audit prior to the
235 date that audit is completed and made public; and
236 (b) notwithstanding Subsection (40)(a), a request for a legislative audit submitted to the
237 Office of the Legislative Auditor General is a public document unless the legislator asks that
238 the records in the custody or control of the Office of Legislative Auditor General that would
239 reveal the name of a particular legislator who requests a legislative audit be maintained as
240 protected records until the audit is completed and made public;
241 (41) records that provide detail as to the location of an explosive, including a map or
242 other document that indicates the location of:
243 (a) a production facility; or
244 (b) a magazine;

245 (42) information:
246 (a) contained in the statewide database of the Division of Aging and Adult Services
247 created by Section 62A-3-311.1 ; or
248 (b) received or maintained in relation to the Identity Theft Reporting Information
249 System (IRIS) established under Section 67-5-22 ;
250 (43) information contained in the Management Information System and Licensing
251 Information System described in Title 62A, Chapter 4a, Child and Family Services;
252 (44) information regarding National Guard operations or activities in support of the
253 National Guard's federal mission;
254 (45) records provided by any pawn or secondhand business to a law enforcement
255 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
256 Secondhand Merchandise Transaction Information Act;
257 (46) information regarding food security, risk, and vulnerability assessments performed
258 by the Department of Agriculture and Food;
259 (47) except to the extent that the record is exempt from this chapter pursuant to Section
260 63G-2-106 , records related to an emergency plan or program, a copy of which is provided to or
261 prepared or maintained by the Division of Emergency Management, and the disclosure of
262 which would jeopardize:
263 (a) the safety of the general public; or
264 (b) the security of:
265 (i) governmental property;
266 (ii) governmental programs; or
267 (iii) the property of a private person who provides the Division of Emergency
268 Management information;
269 (48) records of the Department of Agriculture and Food that provides for the
270 identification, tracing, or control of livestock diseases, including any program established under
271 Title 4, Chapter 24, Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Control of
272 Animal Disease;
273 (49) as provided in Section 26-39-501 :
274 (a) information or records held by the Department of Health related to a complaint
275 regarding a child care program or residential child care which the department is unable to

276 substantiate; and
277 (b) information or records related to a complaint received by the Department of Health
278 from an anonymous complainant regarding a child care program or residential child care;
279 (50) unless otherwise classified as public under Section 63G-2-301 and except as
280 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
281 personal mobile phone number, if:
282 (a) the individual is required to provide the information in order to comply with a law,
283 ordinance, rule, or order of a government entity; and
284 (b) the subject of the record has a reasonable expectation that this information will be
285 kept confidential due to:
286 (i) the nature of the law, ordinance, rule, or order; and
287 (ii) the individual complying with the law, ordinance, rule, or order;
288 (51) the name, home address, work addresses, and telephone numbers of an individual
289 that is engaged in, or that provides goods or services for, medical or scientific research that is:
290 (a) conducted within the state system of higher education, as defined in Section
291 53B-1-102 ; and
292 (b) conducted using animals;
293 (52) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
294 Private Proposal Program, to the extent not made public by rules made under that chapter;
295 (53) in accordance with Section 78A-12-203 , any record of the Judicial Performance
296 Evaluation Commission concerning an individual commissioner's vote on whether or not to
297 recommend that the voters retain a judge;
298 (54) information collected and a report prepared by the Judicial Performance
299 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
300 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
301 the information or report;
302 (55) records contained in the Management Information System created in Section
303 62A-4a-1003 ;
304 (56) records provided or received by the Public Lands Policy Coordinating Office in
305 furtherance of any contract or other agreement made in accordance with Section 63J-4-603 ;
306 (57) information requested by and provided to the Utah State 911 Committee under

307 Section 53-10-602 ;
308 (58) recorded Children's Justice Center investigative interviews, both video and audio,
309 the release of which are governed by Section 77-37-4 ;
310 (59) in accordance with Section 73-10-33 :
311 (a) a management plan for a water conveyance facility in the possession of the Division
312 of Water Resources or the Board of Water Resources; or
313 (b) an outline of an emergency response plan in possession of the state or a county or
314 municipality;
315 (60) the following records in the custody or control of the Office of Inspector General
316 of Medicaid Services, created in Section 63J-4a-201 :
317 (a) records that would disclose information relating to allegations of personal
318 misconduct, gross mismanagement, or illegal activity of a person if the information or
319 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
320 through other documents or evidence, and the records relating to the allegation are not relied
321 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
322 report or final audit report;
323 (b) records and audit workpapers to the extent they would disclose the identity of a
324 person who, during the course of an investigation or audit, communicated the existence of any
325 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
326 regulation adopted under the laws of this state, a political subdivision of the state, or any
327 recognized entity of the United States, if the information was disclosed on the condition that
328 the identity of the person be protected;
329 (c) before the time that an investigation or audit is completed and the final
330 investigation or final audit report is released, records or drafts circulated to a person who is not
331 an employee or head of a governmental entity for the person's response or information;
332 (d) records that would disclose an outline or part of any investigation, audit survey
333 plan, or audit program; or
334 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
335 investigation or audit;
336 (61) records that reveal methods used by the Office of Inspector General of Medicaid
337 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or

338 abuse;
339 (62) information provided to the Department of Health or the Division of Occupational
340 and Professional Licensing under Subsection 58-68-304 (3) or (4); and
341 (63) a record described in Section 63G-12-210 .




Legislative Review Note
as of 1-22-13 9:35 AM

Office of Legislative Research and General Counsel

[Bill Documents]