This document includes House Committee Amendments incorporated into the bill on Tue, Feb 6, 2018 at 11:04 AM by lerror.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to the financial exploitation of vulnerable adults.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ addresses reporting requirements when a broker-dealer; an investment adviser; an
14 agent; an investment adviser representative; or an individual who serves in a
15 supervisory, compliance, or legal capacity for a broker-dealer or an investment
16 adviser believes a person has engaged in or attempted to engage in the financial
17 exploitation of an elderly or vulnerable adult;
18 ▸ allows a broker-dealer or an investment adviser to delay a disbursement or
19 transaction from an account when the broker-dealer or investment adviser suspects
20 the disbursement or transaction will result in the financial exploitation of an elderly
21 or vulnerable adult;
22 ▸ allows certain agencies to extend a broker-dealer's or an investment adviser's delay
23 of a disbursement or transaction;
24 ▸ provides that a court may terminate or extend the delay of a disbursement or
25 transaction;
26 ▸ requires a broker-dealer or an investment adviser to provide certain agencies access
27 to records related to the financial exploitation of an elderly or vulnerable adult;
28 ▸ addresses the classification of a record that a broker-dealer or an investment adviser
29 provides to an agency under the provisions of this bill; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 63G-2-305, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
38 ENACTS:
39 61-1-201, Utah Code Annotated 1953
40 61-1-202, Utah Code Annotated 1953
41 61-1-203, Utah Code Annotated 1953
42 61-1-204, Utah Code Annotated 1953
43 61-1-205, Utah Code Annotated 1953
44 61-1-206, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 61-1-201 is enacted to read:
48
49 61-1-201. Definitions.
50 As used in this part:
51 (1) "Adult Protective Services" means the same as that term is defined in Section
52 62A-3-301.
53 (2) "Eligible adult" means:
54 (a) an individual who is 65 years of age or older; or
55 (b) a vulnerable adult as defined in Section 62A-3-301.
56 (3) "Financial exploitation of an eligible adult" means:
57 (a) the wrongful or unauthorized taking, withholding, appropriation, or use of money,
58 assets, or other property of an eligible adult; or
59 (b) an act or omission, including through a power of attorney, guardianship, or
60 conservatorship of an eligible adult, to:
61 (i) obtain control, through deception, intimidation, or undue influence, over an eligible
62 adult's money, assets, or other property to deprive the eligible adult of the ownership, use,
63 benefit, or possession of the eligible adult's money, assets, or other property; or
64 (ii) convert an eligible adult's money, assets, or other property to deprive the eligible
65 adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or other
66 property.
67 (4) "Law enforcement agency" means the same as that term is defined in Section
68 53-1-102.
69 (5) "Qualified individual" means:
70 (a) an agent;
71 (b) an investment adviser representative; or
72 (c) an individual who serves in a supervisory, compliance, or legal capacity for a
73 broker-dealer or an investment adviser.
74 Section 2. Section 61-1-202 is enacted to read:
75 61-1-202. Governmental and third party disclosures.
76 (1) If a broker-dealer, an investment adviser, or a qualified individual reasonably
77 believes that a person has engaged in or attempted to engage in the financial exploitation of an
78 eligible adult, the broker-dealer, investment adviser, or qualified individual:
79 (a) shall promptly notify the division and Ĥ→ [
79a Adult Protective ←Ĥ Services;
80 and
81 (b) subject to Subsection (2), may notify a person previously designated by the eligible
82 adult, a person allowed to receive notification under applicable law or any customer agreement,
83 or an individual reasonably associated with the eligible adult.
84 (2) A broker-dealer, an investment adviser, or a qualified individual may not notify a
85 third party under Subsection (1)(b) if the third party is suspected of engaging in the financial
86 exploitation of the eligible adult or other abuse of the eligible adult.
87 Section 3. Section 61-1-203 is enacted to read:
88 61-1-203. Immunity for governmental and third party disclosures.
89 A broker-dealer, an investment adviser, or a qualified individual who, in good faith and
90 exercising reasonable care, notifies the division, Ĥ→ [
90a Adult Protective ←Ĥ Services, or a
91 third party, in accordance with Section 61-1-202, is immune from administrative or civil
92 liability that might otherwise arise from the notification.
93 Section 4. Section 61-1-204 is enacted to read:
94 61-1-204. Delaying disbursements or transactions.
95 (1) A broker-dealer or an investment adviser may delay a disbursement or transaction
96 from an eligible adult's account or from an account on which the eligible adult is a beneficiary,
97 if the broker-dealer or investment adviser:
98 (a) suspects that the disbursement or transaction may result in the financial exploitation
99 of an eligible adult;
100 (b) initiates an internal review of the disbursement or transaction and the suspected
101 financial exploitation of an eligible adult;
102 (c) after initiating the internal review, reasonably believes that the disbursement or
103 transaction may result in the financial exploitation of an eligible adult;
104 (d) within two business days after the day on which the disbursement or transaction is
105 delayed, provides written notification of the delay and the reason for the delay to:
106 (i) each party authorized to transact business on the account, unless the party is
107 reasonably believed to have engaged in suspected or attempted financial exploitation of the
108 eligible adult;
109 (ii) the division; and
110 (iii) Ĥ→ [
111 (e) continues the broker-dealer's or investment adviser's internal review of the
112 suspected or attempted financial exploitation of the eligible adult, as necessary; and
113 (f) upon request, provides a timely report on the status and results of the internal
114 review to the division or Ĥ→ [
115 (2) Except as provided in Subsection (3), a delay of a disbursement or transaction
116 under Subsection (1) expires the earlier of:
117 (a) the day on which the broker-dealer or investment adviser determines that the
118 disbursement or transaction will not result in the financial exploitation of an eligible adult; or
119 (b) 15 business days after the day on which the broker-dealer or investment adviser
120 initially delayed the disbursement or transaction.
121 (3) If an internal review described in Subsection (1) supports a reasonable belief that a
122 person has engaged in or attempted to engage in the financial exploitation of an eligible adult,
123 the division or Ĥ→ [
123a the delay of the
124 disbursement or transaction under Subsection (1) as reasonably necessary.
125 (4) A court of competent jurisdiction may enter an order terminating or extending a
126 delay under this section or granting other protective relief.
127 Section 5. Section 61-1-205 is enacted to read:
128 61-1-205. Immunity for delaying disbursements or transactions.
129 A broker-dealer or investment adviser who, in good faith and exercising reasonable
130 care, delays a disbursement or transaction in accordance with Section 61-1-204 is immune
131 from administrative or civil liability that might otherwise arise from the delay.
132 Section 6. Section 61-1-206 is enacted to read:
133 61-1-206. Records.
134 (1) Upon request, a broker-dealer or investment adviser shall provide access to or a
135 copy of any record, including a historical record, that is relevant to the suspected or attempted
136 financial exploitation of an eligible adult to Adult Protective Services or a law enforcement
137 agency.
138 (2) For purposes of Title 63G, Chapter 2, Government Records Access and
139 Management Act, a record made available to Adult Protective Services or a law enforcement
140 agency under this section is a protected record as defined in Section 63G-2-103.
141 (3) Nothing in this section affects the authority of the division to access or examine the
142 books or records of a broker-dealer or investment adviser as otherwise provided by law.
143 Section 7. Section 63G-2-305 is amended to read:
144 63G-2-305. Protected records.
145 The following records are protected if properly classified by a governmental entity:
146 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
147 has provided the governmental entity with the information specified in Section 63G-2-309;
148 (2) commercial information or nonindividual financial information obtained from a
149 person if:
150 (a) disclosure of the information could reasonably be expected to result in unfair
151 competitive injury to the person submitting the information or would impair the ability of the
152 governmental entity to obtain necessary information in the future;
153 (b) the person submitting the information has a greater interest in prohibiting access
154 than the public in obtaining access; and
155 (c) the person submitting the information has provided the governmental entity with
156 the information specified in Section 63G-2-309;
157 (3) commercial or financial information acquired or prepared by a governmental entity
158 to the extent that disclosure would lead to financial speculations in currencies, securities, or
159 commodities that will interfere with a planned transaction by the governmental entity or cause
160 substantial financial injury to the governmental entity or state economy;
161 (4) records, the disclosure of which could cause commercial injury to, or confer a
162 competitive advantage upon a potential or actual competitor of, a commercial project entity as
163 defined in Subsection 11-13-103(4);
164 (5) test questions and answers to be used in future license, certification, registration,
165 employment, or academic examinations;
166 (6) records, the disclosure of which would impair governmental procurement
167 proceedings or give an unfair advantage to any person proposing to enter into a contract or
168 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
169 Subsection (6) does not restrict the right of a person to have access to, after the contract or
170 grant has been awarded and signed by all parties, a bid, proposal, application, or other
171 information submitted to or by a governmental entity in response to:
172 (a) an invitation for bids;
173 (b) a request for proposals;
174 (c) a request for quotes;
175 (d) a grant; or
176 (e) other similar document;
177 (7) information submitted to or by a governmental entity in response to a request for
178 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
179 the right of a person to have access to the information, after:
180 (a) a contract directly relating to the subject of the request for information has been
181 awarded and signed by all parties; or
182 (b) (i) a final determination is made not to enter into a contract that relates to the
183 subject of the request for information; and
184 (ii) at least two years have passed after the day on which the request for information is
185 issued;
186 (8) records that would identify real property or the appraisal or estimated value of real
187 or personal property, including intellectual property, under consideration for public acquisition
188 before any rights to the property are acquired unless:
189 (a) public interest in obtaining access to the information is greater than or equal to the
190 governmental entity's need to acquire the property on the best terms possible;
191 (b) the information has already been disclosed to persons not employed by or under a
192 duty of confidentiality to the entity;
193 (c) in the case of records that would identify property, potential sellers of the described
194 property have already learned of the governmental entity's plans to acquire the property;
195 (d) in the case of records that would identify the appraisal or estimated value of
196 property, the potential sellers have already learned of the governmental entity's estimated value
197 of the property; or
198 (e) the property under consideration for public acquisition is a single family residence
199 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
200 the property as required under Section 78B-6-505;
201 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
202 compensated transaction of real or personal property including intellectual property, which, if
203 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
204 of the subject property, unless:
205 (a) the public interest in access is greater than or equal to the interests in restricting
206 access, including the governmental entity's interest in maximizing the financial benefit of the
207 transaction; or
208 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
209 the value of the subject property have already been disclosed to persons not employed by or
210 under a duty of confidentiality to the entity;
211 (10) records created or maintained for civil, criminal, or administrative enforcement
212 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
213 release of the records:
214 (a) reasonably could be expected to interfere with investigations undertaken for
215 enforcement, discipline, licensing, certification, or registration purposes;
216 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
217 proceedings;
218 (c) would create a danger of depriving a person of a right to a fair trial or impartial
219 hearing;
220 (d) reasonably could be expected to disclose the identity of a source who is not
221 generally known outside of government and, in the case of a record compiled in the course of
222 an investigation, disclose information furnished by a source not generally known outside of
223 government if disclosure would compromise the source; or
224 (e) reasonably could be expected to disclose investigative or audit techniques,
225 procedures, policies, or orders not generally known outside of government if disclosure would
226 interfere with enforcement or audit efforts;
227 (11) records the disclosure of which would jeopardize the life or safety of an
228 individual;
229 (12) records the disclosure of which would jeopardize the security of governmental
230 property, governmental programs, or governmental recordkeeping systems from damage, theft,
231 or other appropriation or use contrary to law or public policy;
232 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
233 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
234 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
235 (14) records that, if disclosed, would reveal recommendations made to the Board of
236 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
237 Board of Pardons and Parole, or the Department of Human Services that are based on the
238 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
239 jurisdiction;
240 (15) records and audit workpapers that identify audit, collection, and operational
241 procedures and methods used by the State Tax Commission, if disclosure would interfere with
242 audits or collections;
243 (16) records of a governmental audit agency relating to an ongoing or planned audit
244 until the final audit is released;
245 (17) records that are subject to the attorney client privilege;
246 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
247 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
248 quasi-judicial, or administrative proceeding;
249 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
250 from a member of the Legislature; and
251 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
252 legislative action or policy may not be classified as protected under this section; and
253 (b) (i) an internal communication that is part of the deliberative process in connection
254 with the preparation of legislation between:
255 (A) members of a legislative body;
256 (B) a member of a legislative body and a member of the legislative body's staff; or
257 (C) members of a legislative body's staff; and
258 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
259 legislative action or policy may not be classified as protected under this section;
260 (20) (a) records in the custody or control of the Office of Legislative Research and
261 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
262 legislation or contemplated course of action before the legislator has elected to support the
263 legislation or course of action, or made the legislation or course of action public; and
264 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
265 Office of Legislative Research and General Counsel is a public document unless a legislator
266 asks that the records requesting the legislation be maintained as protected records until such
267 time as the legislator elects to make the legislation or course of action public;
268 (21) research requests from legislators to the Office of Legislative Research and
269 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
270 in response to these requests;
271 (22) drafts, unless otherwise classified as public;
272 (23) records concerning a governmental entity's strategy about:
273 (a) collective bargaining; or
274 (b) imminent or pending litigation;
275 (24) records of investigations of loss occurrences and analyses of loss occurrences that
276 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
277 Uninsured Employers' Fund, or similar divisions in other governmental entities;
278 (25) records, other than personnel evaluations, that contain a personal recommendation
279 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
280 personal privacy, or disclosure is not in the public interest;
281 (26) records that reveal the location of historic, prehistoric, paleontological, or
282 biological resources that if known would jeopardize the security of those resources or of
283 valuable historic, scientific, educational, or cultural information;
284 (27) records of independent state agencies if the disclosure of the records would
285 conflict with the fiduciary obligations of the agency;
286 (28) records of an institution within the state system of higher education defined in
287 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
288 retention decisions, and promotions, which could be properly discussed in a meeting closed in
289 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
290 the final decisions about tenure, appointments, retention, promotions, or those students
291 admitted, may not be classified as protected under this section;
292 (29) records of the governor's office, including budget recommendations, legislative
293 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
294 policies or contemplated courses of action before the governor has implemented or rejected
295 those policies or courses of action or made them public;
296 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
297 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
298 recommendations in these areas;
299 (31) records provided by the United States or by a government entity outside the state
300 that are given to the governmental entity with a requirement that they be managed as protected
301 records if the providing entity certifies that the record would not be subject to public disclosure
302 if retained by it;
303 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
304 except as provided in Section 52-4-206;
305 (33) records that would reveal the contents of settlement negotiations but not including
306 final settlements or empirical data to the extent that they are not otherwise exempt from
307 disclosure;
308 (34) memoranda prepared by staff and used in the decision-making process by an
309 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
310 other body charged by law with performing a quasi-judicial function;
311 (35) records that would reveal negotiations regarding assistance or incentives offered
312 by or requested from a governmental entity for the purpose of encouraging a person to expand
313 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
314 person or place the governmental entity at a competitive disadvantage, but this section may not
315 be used to restrict access to a record evidencing a final contract;
316 (36) materials to which access must be limited for purposes of securing or maintaining
317 the governmental entity's proprietary protection of intellectual property rights including patents,
318 copyrights, and trade secrets;
319 (37) the name of a donor or a prospective donor to a governmental entity, including an
320 institution within the state system of higher education defined in Section 53B-1-102, and other
321 information concerning the donation that could reasonably be expected to reveal the identity of
322 the donor, provided that:
323 (a) the donor requests anonymity in writing;
324 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
325 classified protected by the governmental entity under this Subsection (37); and
326 (c) except for an institution within the state system of higher education defined in
327 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
328 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
329 over the donor, a member of the donor's immediate family, or any entity owned or controlled
330 by the donor or the donor's immediate family;
331 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
332 73-18-13;
333 (39) a notification of workers' compensation insurance coverage described in Section
334 34A-2-205;
335 (40) (a) the following records of an institution within the state system of higher
336 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
337 or received by or on behalf of faculty, staff, employees, or students of the institution:
338 (i) unpublished lecture notes;
339 (ii) unpublished notes, data, and information:
340 (A) relating to research; and
341 (B) of:
342 (I) the institution within the state system of higher education defined in Section
343 53B-1-102; or
344 (II) a sponsor of sponsored research;
345 (iii) unpublished manuscripts;
346 (iv) creative works in process;
347 (v) scholarly correspondence; and
348 (vi) confidential information contained in research proposals;
349 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
350 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
351 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
352 (41) (a) records in the custody or control of the Office of Legislative Auditor General
353 that would reveal the name of a particular legislator who requests a legislative audit prior to the
354 date that audit is completed and made public; and
355 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
356 Office of the Legislative Auditor General is a public document unless the legislator asks that
357 the records in the custody or control of the Office of Legislative Auditor General that would
358 reveal the name of a particular legislator who requests a legislative audit be maintained as
359 protected records until the audit is completed and made public;
360 (42) records that provide detail as to the location of an explosive, including a map or
361 other document that indicates the location of:
362 (a) a production facility; or
363 (b) a magazine;
364 (43) information:
365 (a) contained in the statewide database of the Division of Aging and Adult Services
366 created by Section 62A-3-311.1; or
367 (b) received or maintained in relation to the Identity Theft Reporting Information
368 System (IRIS) established under Section 67-5-22;
369 (44) information contained in the Management Information System and Licensing
370 Information System described in Title 62A, Chapter 4a, Child and Family Services;
371 (45) information regarding National Guard operations or activities in support of the
372 National Guard's federal mission;
373 (46) records provided by any pawn or secondhand business to a law enforcement
374 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
375 Secondhand Merchandise Transaction Information Act;
376 (47) information regarding food security, risk, and vulnerability assessments performed
377 by the Department of Agriculture and Food;
378 (48) except to the extent that the record is exempt from this chapter pursuant to Section
379 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
380 prepared or maintained by the Division of Emergency Management, and the disclosure of
381 which would jeopardize:
382 (a) the safety of the general public; or
383 (b) the security of:
384 (i) governmental property;
385 (ii) governmental programs; or
386 (iii) the property of a private person who provides the Division of Emergency
387 Management information;
388 (49) records of the Department of Agriculture and Food that provides for the
389 identification, tracing, or control of livestock diseases, including any program established under
390 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
391 of Animal Disease;
392 (50) as provided in Section 26-39-501:
393 (a) information or records held by the Department of Health related to a complaint
394 regarding a child care program or residential child care which the department is unable to
395 substantiate; and
396 (b) information or records related to a complaint received by the Department of Health
397 from an anonymous complainant regarding a child care program or residential child care;
398 (51) unless otherwise classified as public under Section 63G-2-301 and except as
399 provided under Section 41-1a-116, an individual's home address, home telephone number, or
400 personal mobile phone number, if:
401 (a) the individual is required to provide the information in order to comply with a law,
402 ordinance, rule, or order of a government entity; and
403 (b) the subject of the record has a reasonable expectation that this information will be
404 kept confidential due to:
405 (i) the nature of the law, ordinance, rule, or order; and
406 (ii) the individual complying with the law, ordinance, rule, or order;
407 (52) the name, home address, work addresses, and telephone numbers of an individual
408 that is engaged in, or that provides goods or services for, medical or scientific research that is:
409 (a) conducted within the state system of higher education, as defined in Section
410 53B-1-102; and
411 (b) conducted using animals;
412 (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
413 Private Proposal Program, to the extent not made public by rules made under that chapter;
414 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
415 Evaluation Commission concerning an individual commissioner's vote on whether or not to
416 recommend that the voters retain a judge including information disclosed under Subsection
417 78A-12-203(5)(e);
418 (55) information collected and a report prepared by the Judicial Performance
419 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
420 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
421 the information or report;
422 (56) records contained in the Management Information System created in Section
423 62A-4a-1003;
424 (57) records provided or received by the Public Lands Policy Coordinating Office in
425 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
426 (58) information requested by and provided to the 911 Division under Section
427 63H-7a-302;
428 (59) in accordance with Section 73-10-33:
429 (a) a management plan for a water conveyance facility in the possession of the Division
430 of Water Resources or the Board of Water Resources; or
431 (b) an outline of an emergency response plan in possession of the state or a county or
432 municipality;
433 (60) the following records in the custody or control of the Office of Inspector General
434 of Medicaid Services, created in Section 63A-13-201:
435 (a) records that would disclose information relating to allegations of personal
436 misconduct, gross mismanagement, or illegal activity of a person if the information or
437 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
438 through other documents or evidence, and the records relating to the allegation are not relied
439 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
440 report or final audit report;
441 (b) records and audit workpapers to the extent they would disclose the identity of a
442 person who, during the course of an investigation or audit, communicated the existence of any
443 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
444 regulation adopted under the laws of this state, a political subdivision of the state, or any
445 recognized entity of the United States, if the information was disclosed on the condition that
446 the identity of the person be protected;
447 (c) before the time that an investigation or audit is completed and the final
448 investigation or final audit report is released, records or drafts circulated to a person who is not
449 an employee or head of a governmental entity for the person's response or information;
450 (d) records that would disclose an outline or part of any investigation, audit survey
451 plan, or audit program; or
452 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
453 investigation or audit;
454 (61) records that reveal methods used by the Office of Inspector General of Medicaid
455 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
456 abuse;
457 (62) information provided to the Department of Health or the Division of Occupational
458 and Professional Licensing under Subsection 58-68-304(3) or (4);
459 (63) a record described in Section 63G-12-210;
460 (64) captured plate data that is obtained through an automatic license plate reader
461 system used by a governmental entity as authorized in Section 41-6a-2003;
462 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
463 victim, including:
464 (a) a victim's application or request for benefits;
465 (b) a victim's receipt or denial of benefits; and
466 (c) any administrative notes or records made or created for the purpose of, or used to,
467 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
468 Reparations Fund;
469 (66) an audio or video recording created by a body-worn camera, as that term is
470 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
471 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
472 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
473 that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
474 (a) depict the commission of an alleged crime;
475 (b) record any encounter between a law enforcement officer and a person that results in
476 death or bodily injury, or includes an instance when an officer fires a weapon;
477 (c) record any encounter that is the subject of a complaint or a legal proceeding against
478 a law enforcement officer or law enforcement agency;
479 (d) contain an officer involved critical incident as defined in Subsection
480 76-2-408(1)(d); or
481 (e) have been requested for reclassification as a public record by a subject or
482 authorized agent of a subject featured in the recording; [
483 (67) a record pertaining to the search process for a president of an institution of higher
484 education described in Section 53B-2-102, except for application materials for a publicly
485 announced finalist[
486 (68) a record made available to Adult Protective Services or a law enforcement agency
487 under Section 61-1-206.