1     
EMERGENCY PERSONNEL RECORDING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill enacts a provision relating to audio recordings created by emergency first
10     responders.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a training audio recording made during an emergency event when an
14     emergency responder is treating or resuscitating an individual is a protected record
15     under the Government Records Access and Management Act.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-2-305, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-2-305 is amended to read:
26          63G-2-305. Protected records.
27          The following records are protected if properly classified by a governmental entity:

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

59          (7) information submitted to or by a governmental entity in response to a request for
60     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
61     the right of a person to have access to the information, after:
62          (a) a contract directly relating to the subject of the request for information has been
63     awarded and signed by all parties; or
64          (b) (i) a final determination is made not to enter into a contract that relates to the
65     subject of the request for information; and
66          (ii) at least two years have passed after the day on which the request for information is
67     issued;
68          (8) records that would identify real property or the appraisal or estimated value of real
69     or personal property, including intellectual property, under consideration for public acquisition
70     before any rights to the property are acquired unless:
71          (a) public interest in obtaining access to the information is greater than or equal to the
72     governmental entity's need to acquire the property on the best terms possible;
73          (b) the information has already been disclosed to persons not employed by or under a
74     duty of confidentiality to the entity;
75          (c) in the case of records that would identify property, potential sellers of the described
76     property have already learned of the governmental entity's plans to acquire the property;
77          (d) in the case of records that would identify the appraisal or estimated value of
78     property, the potential sellers have already learned of the governmental entity's estimated value
79     of the property; or
80          (e) the property under consideration for public acquisition is a single family residence
81     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
82     the property as required under Section 78B-6-505;
83          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
84     compensated transaction of real or personal property including intellectual property, which, if
85     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
86     of the subject property, unless:
87          (a) the public interest in access is greater than or equal to the interests in restricting
88     access, including the governmental entity's interest in maximizing the financial benefit of the
89     transaction; or

90          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
91     the value of the subject property have already been disclosed to persons not employed by or
92     under a duty of confidentiality to the entity;
93          (10) records created or maintained for civil, criminal, or administrative enforcement
94     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
95     release of the records:
96          (a) reasonably could be expected to interfere with investigations undertaken for
97     enforcement, discipline, licensing, certification, or registration purposes;
98          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
99     proceedings;
100          (c) would create a danger of depriving a person of a right to a fair trial or impartial
101     hearing;
102          (d) reasonably could be expected to disclose the identity of a source who is not
103     generally known outside of government and, in the case of a record compiled in the course of
104     an investigation, disclose information furnished by a source not generally known outside of
105     government if disclosure would compromise the source; or
106          (e) reasonably could be expected to disclose investigative or audit techniques,
107     procedures, policies, or orders not generally known outside of government if disclosure would
108     interfere with enforcement or audit efforts;
109          (11) records the disclosure of which would jeopardize the life or safety of an
110     individual;
111          (12) records the disclosure of which would jeopardize the security of governmental
112     property, governmental programs, or governmental recordkeeping systems from damage, theft,
113     or other appropriation or use contrary to law or public policy;
114          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
115     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
116     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
117          (14) records that, if disclosed, would reveal recommendations made to the Board of
118     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
119     Board of Pardons and Parole, or the Department of Human Services that are based on the
120     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's

121     jurisdiction;
122          (15) records and audit workpapers that identify audit, collection, and operational
123     procedures and methods used by the State Tax Commission, if disclosure would interfere with
124     audits or collections;
125          (16) records of a governmental audit agency relating to an ongoing or planned audit
126     until the final audit is released;
127          (17) records that are subject to the attorney client privilege;
128          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
129     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
130     quasi-judicial, or administrative proceeding;
131          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
132     from a member of the Legislature; and
133          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
134     legislative action or policy may not be classified as protected under this section; and
135          (b) (i) an internal communication that is part of the deliberative process in connection
136     with the preparation of legislation between:
137          (A) members of a legislative body;
138          (B) a member of a legislative body and a member of the legislative body's staff; or
139          (C) members of a legislative body's staff; and
140          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
141     legislative action or policy may not be classified as protected under this section;
142          (20) (a) records in the custody or control of the Office of Legislative Research and
143     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
144     legislation or contemplated course of action before the legislator has elected to support the
145     legislation or course of action, or made the legislation or course of action public; and
146          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
147     Office of Legislative Research and General Counsel is a public document unless a legislator
148     asks that the records requesting the legislation be maintained as protected records until such
149     time as the legislator elects to make the legislation or course of action public;
150          (21) research requests from legislators to the Office of Legislative Research and
151     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared

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

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

214     73-18-13;
215          (39) a notification of workers' compensation insurance coverage described in Section
216     34A-2-205;
217          (40) (a) the following records of an institution within the state system of higher
218     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
219     or received by or on behalf of faculty, staff, employees, or students of the institution:
220          (i) unpublished lecture notes;
221          (ii) unpublished notes, data, and information:
222          (A) relating to research; and
223          (B) of:
224          (I) the institution within the state system of higher education defined in Section
225     53B-1-102; or
226          (II) a sponsor of sponsored research;
227          (iii) unpublished manuscripts;
228          (iv) creative works in process;
229          (v) scholarly correspondence; and
230          (vi) confidential information contained in research proposals;
231          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
232     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
233          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
234          (41) (a) records in the custody or control of the Office of Legislative Auditor General
235     that would reveal the name of a particular legislator who requests a legislative audit prior to the
236     date that audit is completed and made public; and
237          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
238     Office of the Legislative Auditor General is a public document unless the legislator asks that
239     the records in the custody or control of the Office of Legislative Auditor General that would
240     reveal the name of a particular legislator who requests a legislative audit be maintained as
241     protected records until the audit is completed and made public;
242          (42) records that provide detail as to the location of an explosive, including a map or
243     other document that indicates the location of:
244          (a) a production facility; or

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

276     regarding a child care program or residential child care which the department is unable to
277     substantiate; and
278          (b) information or records related to a complaint received by the Department of Health
279     from an anonymous complainant regarding a child care program or residential child care;
280          (51) unless otherwise classified as public under Section 63G-2-301 and except as
281     provided under Section 41-1a-116, an individual's home address, home telephone number, or
282     personal mobile phone number, if:
283          (a) the individual is required to provide the information in order to comply with a law,
284     ordinance, rule, or order of a government entity; and
285          (b) the subject of the record has a reasonable expectation that this information will be
286     kept confidential due to:
287          (i) the nature of the law, ordinance, rule, or order; and
288          (ii) the individual complying with the law, ordinance, rule, or order;
289          (52) the name, home address, work addresses, and telephone numbers of an individual
290     that is engaged in, or that provides goods or services for, medical or scientific research that is:
291          (a) conducted within the state system of higher education, as defined in Section
292     53B-1-102; and
293          (b) conducted using animals;
294          (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
295     Private Proposal Program, to the extent not made public by rules made under that chapter;
296          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
297     Evaluation Commission concerning an individual commissioner's vote on whether or not to
298     recommend that the voters retain a judge including information disclosed under Subsection
299     78A-12-203(5)(e);
300          (55) information collected and a report prepared by the Judicial Performance
301     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
302     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
303     the information or report;
304          (56) records contained in the Management Information System created in Section
305     62A-4a-1003;
306          (57) records provided or received by the Public Lands Policy Coordinating Office in

307     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
308          (58) information requested by and provided to the 911 Division under Section
309     63H-7a-302;
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 63A-13-201:
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);
341          (63) a record described in Section 63G-12-210;
342          (64) captured plate data that is obtained through an automatic license plate reader
343     system used by a governmental entity as authorized in Section 41-6a-2003;
344          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
345     victim, including:
346          (a) a victim's application or request for benefits;
347          (b) a victim's receipt or denial of benefits; and
348          (c) any administrative notes or records made or created for the purpose of, or used to,
349     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
350     Reparations Fund;
351          (66) an audio or video recording created by a body-worn camera, as that term is
352     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
353     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
354     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
355     that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
356          (a) depict the commission of an alleged crime;
357          (b) record any encounter between a law enforcement officer and a person that results in
358     death or bodily injury, or includes an instance when an officer fires a weapon;
359          (c) record any encounter that is the subject of a complaint or a legal proceeding against
360     a law enforcement officer or law enforcement agency;
361          (d) contain an officer involved critical incident as defined in Subsection
362     76-2-408(1)(d); or
363          (e) have been requested for reclassification as a public record by a subject or
364     authorized agent of a subject featured in the recording; [and]
365          (67) a record pertaining to the search process for a president of an institution of higher
366     education described in Section 53B-2-102, except for application materials for a publicly
367     announced finalist[.]; and
368          (68) an audio recording that is:

369          (a) produced by an audio recording device that is used in conjunction with a device or
370     piece of equipment designed or intended for resuscitating an individual or for treating an
371     individual with a life-threatening condition;
372          (b) produced during an emergency event when an individual employed to provide law
373     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
374          (i) is responding to an individual needing resuscitation or with a life-threatening
375     condition; and
376          (ii) uses a device or piece of equipment designed or intended for resuscitating an
377     individual or for treating an individual with a life-threatening condition; and
378          (c) intended and used for purposes of training emergency responders how to improve
379     their response to an emergency situation.






Legislative Review Note
Office of Legislative Research and General Counsel