This document includes Senate Committee Amendments incorporated into the bill on Thu, Mar 1, 2018 at 9:59 AM by lpoole.



Chief Sponsor: Wayne L. Niederhauser

House Sponsor: Brad R. Wilson


8     General Description:
9          This bill modifies the Open and Public Meetings Act and the Government Records
10     Access and Management Act in relation to the employment recommendation process
11     for Legislative Management subcommittees.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that Ŝ→ certain ←Ŝ meetings of the following subcommittees of the
14a     Legislative
15     Management Committee are not subject to the provisions of the Open and Public
16     Meetings Act when they are meeting in relation to making an employment
17     recommendation to the Legislature:
18               •     the Research and General Counsel Subcommittee;
19               •     the Budget Subcommittee; and
20               •     the Audit Subcommittee; and
21          ▸     classifies certain records relating to subcommittee employment recommendations of
22     the Legislature as protected records.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          52-4-103, as last amended by Laws of Utah 2017, Chapters 196, 277, and 441
30          63G-2-305, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 52-4-103 is amended to read:
34          52-4-103. Definitions.
35          As used in this chapter:
36          (1) "Anchor location" means the physical location from which:
37          (a) an electronic meeting originates; or
38          (b) the participants are connected.
39          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
40     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
41     City.
42          (3) "Convening" means the calling together of a public body by a person authorized to
43     do so for the express purpose of discussing or acting upon a subject over which that public
44     body has jurisdiction or advisory power.
45          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
46     conference using electronic communications.
47          (5) "Electronic message" means a communication transmitted electronically, including:
48          (a) electronic mail;
49          (b) instant messaging;
50          (c) electronic chat;
51          (d) text messaging as defined in Section 76-4-401; or
52          (e) any other method that conveys a message or facilitates communication
53     electronically.
54          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
55     quorum present, including a workshop or an executive session, whether in person or by means
56     of electronic communications, for the purpose of discussing, receiving comments from the
57     public about, or acting upon a matter over which the public body or specific body has
58     jurisdiction or advisory power.

59          (b) "Meeting" does not mean:
60          (i) a chance gathering or social gathering; or
61          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
62     accordance with Section 59-1-405.
63          (c) "Meeting" does not mean the convening of a public body that has both legislative
64     and executive responsibilities if:
65          (i) no public funds are appropriated for expenditure during the time the public body is
66     convened; and
67          (ii) the public body is convened solely for the discussion or implementation of
68     administrative or operational matters:
69          (A) for which no formal action by the public body is required; or
70          (B) that would not come before the public body for discussion or action.
71          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
72     public statements of each member of the public body who is participating in a meeting.
73          (8) "Participate" means the ability to communicate with all of the members of a public
74     body, either verbally or electronically, so that each member of the public body can hear or
75     observe the communication.
76          (9) (a) "Public body" means:
77          (i) any administrative, advisory, executive, or legislative body of the state or its
78     political subdivisions that:
79          (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
80          (B) consists of two or more persons;
81          (C) expends, disburses, or is supported in whole or in part by tax revenue; and
82          (D) is vested with the authority to make decisions regarding the public's business; or
83          (ii) any administrative, advisory, executive, or policymaking body of an association, as
84     defined in Section 53A-1-1601, that:
85          (A) consists of two or more persons;
86          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
87     school or whose employees participate in a benefit or program described in Title 49, Utah State
88     Retirement and Insurance Benefit Act; and
89          (C) is vested with authority to make decisions regarding the participation of a public

90     school or student in an interscholastic activity as defined in Section 53A-1-1601.
91          (b) "Public body" includes:
92          (i) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
93     undertaking; and
94          (ii) as defined in Section 11-13a-102, a governmental nonprofit corporation.
95          (c) "Public body" does not include:
96          (i) a political party, a political group, or a political caucus;
97          (ii) a conference committee, a rules committee, or a sifting committee of the
98     Legislature;
99          (iii) a school community council or charter trust land council as defined in Section
100     53A-1a-108.1; [or]
101          (iv) the Economic Development Legislative Liaison Committee created in Section
102     36-30-201[.]; or
103          (v) the following Legislative Management subcommittees, which are established in
104     Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to
105     recommend for employment Ŝ→ , except that the meeting in which a subcommittee votes to
105a     recommend that a candidate be employed shall be subject to the provisions of this act ←Ŝ :
106          (A) the Research and General Counsel Subcommittee;
107          (B) the Budget Subcommittee; and
108          (C) the Audit Subcommittee.
109          (10) "Public statement" means a statement made in the ordinary course of business of
110     the public body with the intent that all other members of the public body receive it.
111          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
112     otherwise defined by applicable law.
113          (b) "Quorum" does not include a meeting of two elected officials by themselves when
114     no action, either formal or informal, is taken on a subject over which these elected officials
115     have advisory power.
116          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
117     meeting that can be used to review the proceedings of the meeting.
118          (13) "Specified body":
119          (a) means an administrative, advisory, executive, or legislative body that:
120          (i) is not a public body;

121          (ii) consists of three or more members; and
122          (iii) includes at least one member who is:
123          (A) a legislator; and
124          (B) officially appointed to the body by the president of the Senate, speaker of the
125     House of Representatives, or governor; and
126          (b) does not include a body listed in Subsection (9)(c)(ii) or (9)(c)(v).
127          (14) "Transmit" means to send, convey, or communicate an electronic message by
128     electronic means.
129          Section 2. Section 63G-2-305 is amended to read:
130          63G-2-305. Protected records.
131          The following records are protected if properly classified by a governmental entity:
132          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
133     has provided the governmental entity with the information specified in Section 63G-2-309;
134          (2) commercial information or nonindividual financial information obtained from a
135     person if:
136          (a) disclosure of the information could reasonably be expected to result in unfair
137     competitive injury to the person submitting the information or would impair the ability of the
138     governmental entity to obtain necessary information in the future;
139          (b) the person submitting the information has a greater interest in prohibiting access
140     than the public in obtaining access; and
141          (c) the person submitting the information has provided the governmental entity with
142     the information specified in Section 63G-2-309;
143          (3) commercial or financial information acquired or prepared by a governmental entity
144     to the extent that disclosure would lead to financial speculations in currencies, securities, or
145     commodities that will interfere with a planned transaction by the governmental entity or cause
146     substantial financial injury to the governmental entity or state economy;
147          (4) records, the disclosure of which could cause commercial injury to, or confer a
148     competitive advantage upon a potential or actual competitor of, a commercial project entity as
149     defined in Subsection 11-13-103(4);
150          (5) test questions and answers to be used in future license, certification, registration,
151     employment, or academic examinations;

152          (6) records, the disclosure of which would impair governmental procurement
153     proceedings or give an unfair advantage to any person proposing to enter into a contract or
154     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
155     Subsection (6) does not restrict the right of a person to have access to, after the contract or
156     grant has been awarded and signed by all parties, a bid, proposal, application, or other
157     information submitted to or by a governmental entity in response to:
158          (a) an invitation for bids;
159          (b) a request for proposals;
160          (c) a request for quotes;
161          (d) a grant; or
162          (e) other similar document;
163          (7) information submitted to or by a governmental entity in response to a request for
164     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
165     the right of a person to have access to the information, after:
166          (a) a contract directly relating to the subject of the request for information has been
167     awarded and signed by all parties; or
168          (b) (i) a final determination is made not to enter into a contract that relates to the
169     subject of the request for information; and
170          (ii) at least two years have passed after the day on which the request for information is
171     issued;
172          (8) 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 is greater than or equal to the
176     governmental 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

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          (9) 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 is greater than or equal to the interests in restricting
192     access, including the governmental entity's interest in maximizing the financial benefit of the
193     transaction; or
194          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
195     the value of the subject property have already been disclosed to persons not employed by or
196     under a duty of confidentiality to the entity;
197          (10) records created or maintained for civil, criminal, or administrative enforcement
198     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
199     release of the records:
200          (a) reasonably could be expected to interfere with investigations undertaken for
201     enforcement, discipline, licensing, certification, or registration purposes;
202          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
203     proceedings;
204          (c) would create a danger of depriving a person of a right to a fair trial or impartial
205     hearing;
206          (d) reasonably could be expected to disclose the identity of a source who is not
207     generally known outside of government and, in the case of a record compiled in the course of
208     an investigation, disclose information furnished by a source not generally known outside of
209     government if disclosure would compromise the source; or
210          (e) reasonably could be expected to disclose investigative or audit techniques,
211     procedures, policies, or orders not generally known outside of government if disclosure would
212     interfere with enforcement or audit efforts;
213          (11) records the disclosure of which would jeopardize the life or safety of an

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

245     legislative action or policy may not be classified as protected under this section;
246          (20) (a) records in the custody or control of the Office of Legislative Research and
247     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
248     legislation or contemplated course of action before the legislator has elected to support the
249     legislation or course of action, or made the legislation or course of action public; and
250          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
251     Office of Legislative Research and General Counsel is a public document unless a legislator
252     asks that the records requesting the legislation be maintained as protected records until such
253     time as the legislator elects to make the legislation or course of action public;
254          (21) research requests from legislators to the Office of Legislative Research and
255     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
256     in response to these requests;
257          (22) drafts, unless otherwise classified as public;
258          (23) records concerning a governmental entity's strategy about:
259          (a) collective bargaining; or
260          (b) imminent or pending litigation;
261          (24) records of investigations of loss occurrences and analyses of loss occurrences that
262     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
263     Uninsured Employers' Fund, or similar divisions in other governmental entities;
264          (25) records, other than personnel evaluations, that contain a personal recommendation
265     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
266     personal privacy, or disclosure is not in the public interest;
267          (26) records that reveal the location of historic, prehistoric, paleontological, or
268     biological resources that if known would jeopardize the security of those resources or of
269     valuable historic, scientific, educational, or cultural information;
270          (27) records of independent state agencies if the disclosure of the records would
271     conflict with the fiduciary obligations of the agency;
272          (28) records of an institution within the state system of higher education defined in
273     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
274     retention decisions, and promotions, which could be properly discussed in a meeting closed in
275     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of

276     the final decisions about tenure, appointments, retention, promotions, or those students
277     admitted, may not be classified as protected under this section;
278          (29) records of the governor's office, including budget recommendations, legislative
279     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
280     policies or contemplated courses of action before the governor has implemented or rejected
281     those policies or courses of action or made them public;
282          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
283     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
284     recommendations in these areas;
285          (31) records provided by the United States or by a government entity outside the state
286     that are given to the governmental entity with a requirement that they be managed as protected
287     records if the providing entity certifies that the record would not be subject to public disclosure
288     if retained by it;
289          (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
290     except as provided in Section 52-4-206;
291          (33) records that would reveal the contents of settlement negotiations but not including
292     final settlements or empirical data to the extent that they are not otherwise exempt from
293     disclosure;
294          (34) memoranda prepared by staff and used in the decision-making process by an
295     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
296     other body charged by law with performing a quasi-judicial function;
297          (35) records that would reveal negotiations regarding assistance or incentives offered
298     by or requested from a governmental entity for the purpose of encouraging a person to expand
299     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
300     person or place the governmental entity at a competitive disadvantage, but this section may not
301     be used to restrict access to a record evidencing a final contract;
302          (36) materials to which access must be limited for purposes of securing or maintaining
303     the governmental entity's proprietary protection of intellectual property rights including patents,
304     copyrights, and trade secrets;
305          (37) the name of a donor or a prospective donor to a governmental entity, including an
306     institution within the state system of higher education defined in Section 53B-1-102, and other

307     information concerning the donation that could reasonably be expected to reveal the identity of
308     the donor, provided that:
309          (a) the donor requests anonymity in writing;
310          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
311     classified protected by the governmental entity under this Subsection (37); and
312          (c) except for an institution within the state system of higher education defined in
313     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
314     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
315     over the donor, a member of the donor's immediate family, or any entity owned or controlled
316     by the donor or the donor's immediate family;
317          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
318     73-18-13;
319          (39) a notification of workers' compensation insurance coverage described in Section
320     34A-2-205;
321          (40) (a) the following records of an institution within the state system of higher
322     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
323     or received by or on behalf of faculty, staff, employees, or students of the institution:
324          (i) unpublished lecture notes;
325          (ii) unpublished notes, data, and information:
326          (A) relating to research; and
327          (B) of:
328          (I) the institution within the state system of higher education defined in Section
329     53B-1-102; or
330          (II) a sponsor of sponsored research;
331          (iii) unpublished manuscripts;
332          (iv) creative works in process;
333          (v) scholarly correspondence; and
334          (vi) confidential information contained in research proposals;
335          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
336     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
337          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;

338          (41) (a) records in the custody or control of the Office of Legislative Auditor General
339     that would reveal the name of a particular legislator who requests a legislative audit prior to the
340     date that audit is completed and made public; and
341          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
342     Office of the Legislative Auditor General is a public document unless the legislator asks that
343     the records in the custody or control of the Office of Legislative Auditor General that would
344     reveal the name of a particular legislator who requests a legislative audit be maintained as
345     protected records until the audit is completed and made public;
346          (42) records that provide detail as to the location of an explosive, including a map or
347     other document that indicates the location of:
348          (a) a production facility; or
349          (b) a magazine;
350          (43) information:
351          (a) contained in the statewide database of the Division of Aging and Adult Services
352     created by Section 62A-3-311.1; or
353          (b) received or maintained in relation to the Identity Theft Reporting Information
354     System (IRIS) established under Section 67-5-22;
355          (44) information contained in the Management Information System and Licensing
356     Information System described in Title 62A, Chapter 4a, Child and Family Services;
357          (45) information regarding National Guard operations or activities in support of the
358     National Guard's federal mission;
359          (46) records provided by any pawn or secondhand business to a law enforcement
360     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
361     Secondhand Merchandise Transaction Information Act;
362          (47) information regarding food security, risk, and vulnerability assessments performed
363     by the Department of Agriculture and Food;
364          (48) except to the extent that the record is exempt from this chapter pursuant to Section
365     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
366     prepared or maintained by the Division of Emergency Management, and the disclosure of
367     which would jeopardize:
368          (a) the safety of the general public; or

369          (b) the security of:
370          (i) governmental property;
371          (ii) governmental programs; or
372          (iii) the property of a private person who provides the Division of Emergency
373     Management information;
374          (49) records of the Department of Agriculture and Food that provides for the
375     identification, tracing, or control of livestock diseases, including any program established under
376     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
377     of Animal Disease;
378          (50) as provided in Section 26-39-501:
379          (a) information or records held by the Department of Health related to a complaint
380     regarding a child care program or residential child care which the department is unable to
381     substantiate; and
382          (b) information or records related to a complaint received by the Department of Health
383     from an anonymous complainant regarding a child care program or residential child care;
384          (51) unless otherwise classified as public under Section 63G-2-301 and except as
385     provided under Section 41-1a-116, an individual's home address, home telephone number, or
386     personal mobile phone number, if:
387          (a) the individual is required to provide the information in order to comply with a law,
388     ordinance, rule, or order of a government entity; and
389          (b) the subject of the record has a reasonable expectation that this information will be
390     kept confidential due to:
391          (i) the nature of the law, ordinance, rule, or order; and
392          (ii) the individual complying with the law, ordinance, rule, or order;
393          (52) the name, home address, work addresses, and telephone numbers of an individual
394     that is engaged in, or that provides goods or services for, medical or scientific research that is:
395          (a) conducted within the state system of higher education, as defined in Section
396     53B-1-102; and
397          (b) conducted using animals;
398          (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
399     Private Proposal Program, to the extent not made public by rules made under that chapter;

400          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
401     Evaluation Commission concerning an individual commissioner's vote on whether or not to
402     recommend that the voters retain a judge including information disclosed under Subsection
403     78A-12-203(5)(e);
404          (55) information collected and a report prepared by the Judicial Performance
405     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
406     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
407     the information or report;
408          (56) records contained in the Management Information System created in Section
409     62A-4a-1003;
410          (57) records provided or received by the Public Lands Policy Coordinating Office in
411     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
412          (58) information requested by and provided to the 911 Division under Section
413     63H-7a-302;
414          (59) in accordance with Section 73-10-33:
415          (a) a management plan for a water conveyance facility in the possession of the Division
416     of Water Resources or the Board of Water Resources; or
417          (b) an outline of an emergency response plan in possession of the state or a county or
418     municipality;
419          (60) the following records in the custody or control of the Office of Inspector General
420     of Medicaid Services, created in Section 63A-13-201:
421          (a) records that would disclose information relating to allegations of personal
422     misconduct, gross mismanagement, or illegal activity of a person if the information or
423     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
424     through other documents or evidence, and the records relating to the allegation are not relied
425     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
426     report or final audit report;
427          (b) records and audit workpapers to the extent they would disclose the identity of a
428     person who, during the course of an investigation or audit, communicated the existence of any
429     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
430     regulation adopted under the laws of this state, a political subdivision of the state, or any

431     recognized entity of the United States, if the information was disclosed on the condition that
432     the identity of the person be protected;
433          (c) before the time that an investigation or audit is completed and the final
434     investigation or final audit report is released, records or drafts circulated to a person who is not
435     an employee or head of a governmental entity for the person's response or information;
436          (d) records that would disclose an outline or part of any investigation, audit survey
437     plan, or audit program; or
438          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
439     investigation or audit;
440          (61) records that reveal methods used by the Office of Inspector General of Medicaid
441     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
442     abuse;
443          (62) information provided to the Department of Health or the Division of Occupational
444     and Professional Licensing under Subsection 58-68-304(3) or (4);
445          (63) a record described in Section 63G-12-210;
446          (64) captured plate data that is obtained through an automatic license plate reader
447     system used by a governmental entity as authorized in Section 41-6a-2003;
448          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
449     victim, including:
450          (a) a victim's application or request for benefits;
451          (b) a victim's receipt or denial of benefits; and
452          (c) any administrative notes or records made or created for the purpose of, or used to,
453     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
454     Reparations Fund;
455          (66) an audio or video recording created by a body-worn camera, as that term is
456     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
457     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
458     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
459     that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
460          (a) depict the commission of an alleged crime;
461          (b) record any encounter between a law enforcement officer and a person that results in

462     death or bodily injury, or includes an instance when an officer fires a weapon;
463          (c) record any encounter that is the subject of a complaint or a legal proceeding against
464     a law enforcement officer or law enforcement agency;
465          (d) contain an officer involved critical incident as defined in Subsection
466     76-2-408(1)(d); or
467          (e) have been requested for reclassification as a public record by a subject or
468     authorized agent of a subject featured in the recording; [and]
469          (67) a record pertaining to the search process for a president of an institution of higher
470     education described in Section 53B-2-102, except for application materials for a publicly
471     announced finalist[.]; and
472          (68) records submitted by or prepared in relation to an applicant seeking a
473     recommendation by the Research and General Counsel Subcommittee, the Budget
474     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
475     employment position with the Legislature.

Legislative Review Note
Office of Legislative Research and General Counsel