1     
PUBLIC DOCUMENT SIGNATURE CLASSIFICATION

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill classifies as a protected record signatures on a political petition, on a request to
10     withdraw a signature from a political petition, and on other documents relating to
11     elections.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that signatures on a voter registration record, a political petition, a request
15     to withdraw a signature from a political petition, and other documents relating to
16     elections are protected records;
17          ▸     permits an individual to view, but not to make a copy of, a signature described in
18     the preceding paragraph;
19          ▸     except for a record classified as private, requires a records custodian to provide a
20     list of names instead of a signature protected under the provisions of this bill; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          20A-7-206, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
29     amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
30          20A-7-605, as last amended by Laws of Utah 2019, Chapter 203
31          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
32     ENACTS:
33          63G-2-305.5, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 20A-7-206 is amended to read:
37          20A-7-206. Submitting the initiative petition -- Certification of signatures by the
38     county clerks -- Transfer to lieutenant governor.
39          (1) (a) In order to qualify an initiative petition for placement on the regular general
40     election ballot, the sponsors shall deliver a signed and verified initiative packet to the county
41     clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
42          (i) 30 days after the day on which the first individual signs the initiative packet;
43          (ii) 316 days after the day on which the application for the initiative petition is filed; or
44          (iii) the February 15 immediately before the next regular general election immediately
45     after the application is filed under Section 20A-7-202.
46          (b) A sponsor may not submit an initiative packet after the deadline described in
47     Subsection (1)(a).
48          (2) For an initiative packet received by the county clerk before December 1, the county
49     clerk shall, within 30 days after the day on which the county clerk receives the packet:
50          (a) determine whether each signer is a registered voter according to the requirements of
51     Section 20A-7-206.3;
52          (b) certify on the petition whether each name is that of a registered voter;
53          (c) post the name and voter identification number of each registered voter certified
54     under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
55     and
56          (d) deliver the verified initiative packet to the lieutenant governor.
57          (3) For an initiative packet received by the county clerk on or after December 1, the
58     county clerk shall, within 21 days after the day on which the county clerk receives the packet:

59          (a) determine whether each signer is a registered voter according to the requirements of
60     Section 20A-7-206.3;
61          (b) certify on the petition whether each name is that of a registered voter;
62          (c) post the name and [precinct] voter identification number of each registered voter
63     certified under Subsection (2)(b) in a conspicuous location on the county's website for at least
64     45 days; and
65          (d) deliver the verified initiative packet to the lieutenant governor.
66          (4) Within seven days after timely receipt of a statement described in Subsection
67     20A-7-205(3), the county clerk shall:
68          (a) remove the voter's signature from the posting described in Subsection (2)(c) or
69     (3)(c); and
70          (b) (i) remove the voter's signature from the signature packet totals; and
71          (ii) inform the lieutenant governor of the removal.
72          (5) The county clerk may not certify a signature under Subsection (2) or (3):
73          (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
74          (b) that does not have a date of signature next to the signature.
75          (6) In order to qualify an initiative petition for submission to the Legislature, the
76     sponsors shall deliver each signed and verified initiative packet to the county clerk of the
77     county in which the packet was circulated before 5 p.m. no later than the November 15 before
78     the next annual general session of the Legislature immediately after the application is filed
79     under Section 20A-7-202.
80          (7) The county clerk may not certify a signature under Subsection (8) on an initiative
81     packet that is not verified in accordance with Section 20A-7-205.
82          (8) No later than December 15 before the annual general session of the Legislature, the
83     county clerk shall, for an initiative described in Subsection (6):
84          (a) determine whether each signer is a registered voter according to the requirements of
85     Section 20A-7-206.3;
86          (b) certify on the petition whether each name is that of a registered voter; and
87          (c) deliver all of the verified initiative packets to the lieutenant governor.
88          (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
89     a county clerk after the initiative packet is submitted to the county clerk.

90          Section 2. Section 20A-7-605 is amended to read:
91          20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
92          (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
93     resides in the local jurisdiction.
94          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
95     sheet was signed:
96          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
97     and
98          (ii) verifies each signature sheet by completing the verification printed on the last page
99     of each referendum packet.
100          (b) An individual may not sign the verification printed on the last page of the
101     referendum packet if the individual signed a signature sheet in the referendum packet.
102          (3) (a) Any voter who has signed a referendum petition may have the voter's signature
103     removed from the petition by submitting a statement to that effect to the county clerk.
104          (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the county
105     clerk shall remove the signature of the individual submitting the statement from the referendum
106     petition.
107          (c) A county clerk may not remove signatures from a referendum petition later than
108     seven days after the day on which the sponsors timely submit the last signature packet to the
109     county clerk.
110          (4) The sponsors of a referendum petition:
111          (a) shall, for each signature packet:
112          (i) within seven days after the day on which the first individual signs the signature
113     packet, provide a clear, legible image of all signatures on the signature packet to the county
114     clerk via email or other electronic means; and
115          (ii) immediately send a new image if the county clerk informs the sponsors that the
116     image is not clear and legible;
117          (b) may not permit additional signatures on a signature packet of which the sponsors
118     have sent an image under Subsection (4)(a); and
119          (c) may not submit a signature packet to the county clerk unless the sponsors timely
120     comply with the requirements of Subsection (4)(a) in relation to the signature packet.

121          (5) Each person who gathers a signature removal statement described in Subsection
122     (3):
123          (a) shall, within seven days after the day on which the individual signs the signature
124     removal statement, provide a clear, legible image of the statement to the county clerk via email
125     or other electronic means; and
126          (b) shall, immediately send a new image if the local clerk informs the sender that the
127     image is not clear and legible; and
128          (c) may not submit a signature removal statement to the county clerk, unless the sender
129     timely complies with the requirements of Subsections (5)(a) and (b) in relation to the signature
130     removal statement.
131          (6) (a) The county clerk shall provide to an individual, upon request[:], a document or
132     electronic list containing the name and voter identification number of each individual who
133     signed the initiative packet.
134          [(i) an image of a signature packet or signature removal statement with the dates of
135     birth redacted; or]
136          [(ii) instead of providing an image described in Subsection (6)(a)(i), a document or
137     electronic list containing the name and other information, other than the dates of birth, that
138     appear on an image described in this Subsection (6)(a).]
139          (b) Subject to Subsection 20A-7-606.3(3), the local clerk may begin certifying,
140     removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).
141          Section 3. Section 63G-2-305 is amended to read:
142          63G-2-305. Protected records.
143          The following records are protected if properly classified by a governmental entity:
144          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
145     has provided the governmental entity with the information specified in Section 63G-2-309;
146          (2) commercial information or nonindividual financial information obtained from a
147     person if:
148          (a) disclosure of the information could reasonably be expected to result in unfair
149     competitive injury to the person submitting the information or would impair the ability of the
150     governmental entity to obtain necessary information in the future;
151          (b) the person submitting the information has a greater interest in prohibiting access

152     than the public in obtaining access; and
153          (c) the person submitting the information has provided the governmental entity with
154     the information specified in Section 63G-2-309;
155          (3) commercial or financial information acquired or prepared by a governmental entity
156     to the extent that disclosure would lead to financial speculations in currencies, securities, or
157     commodities that will interfere with a planned transaction by the governmental entity or cause
158     substantial financial injury to the governmental entity or state economy;
159          (4) records, the disclosure of which could cause commercial injury to, or confer a
160     competitive advantage upon a potential or actual competitor of, a commercial project entity as
161     defined in Subsection 11-13-103(4);
162          (5) test questions and answers to be used in future license, certification, registration,
163     employment, or academic examinations;
164          (6) records, the disclosure of which would impair governmental procurement
165     proceedings or give an unfair advantage to any person proposing to enter into a contract or
166     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
167     Subsection (6) does not restrict the right of a person to have access to, after the contract or
168     grant has been awarded and signed by all parties:
169          (a) a bid, proposal, application, or other information submitted to or by a governmental
170     entity in response to:
171          (i) an invitation for bids;
172          (ii) a request for proposals;
173          (iii) a request for quotes;
174          (iv) a grant; or
175          (v) other similar document; or
176          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
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, recordings, or reports of the closed portion of a meeting of a
304     public body 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 portion of the following documents that contains a candidate's residential or
408     mailing address, if the candidate provides to the filing officer another address or phone number
409     where the candidate may be contacted:
410          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
411     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
412     20A-9-408.5, 20A-9-502, or 20A-9-601;
413          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
414          (c) a notice of intent to gather signatures for candidacy, described in Section
415     20A-9-408;
416          (53) the name, home address, work addresses, and telephone numbers of an individual
417     that is engaged in, or that provides goods or services for, medical or scientific research that is:
418          (a) conducted within the state system of higher education, as defined in Section
419     53B-1-102; and
420          (b) conducted using animals;
421          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
422     Evaluation Commission concerning an individual commissioner's vote on whether or not to
423     recommend that the voters retain a judge including information disclosed under Subsection
424     78A-12-203(5)(e);
425          (55) information collected and a report prepared by the Judicial Performance
426     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
427     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
428     the information or report;
429          (56) records contained in the Management Information System created in Section
430     62A-4a-1003;

431          (57) records provided or received by the Public Lands Policy Coordinating Office in
432     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
433          (58) information requested by and provided to the 911 Division under Section
434     63H-7a-302;
435          (59) in accordance with Section 73-10-33:
436          (a) a management plan for a water conveyance facility in the possession of the Division
437     of Water Resources or the Board of Water Resources; or
438          (b) an outline of an emergency response plan in possession of the state or a county or
439     municipality;
440          (60) the following records in the custody or control of the Office of Inspector General
441     of Medicaid Services, created in Section 63A-13-201:
442          (a) records that would disclose information relating to allegations of personal
443     misconduct, gross mismanagement, or illegal activity of a person if the information or
444     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
445     through other documents or evidence, and the records relating to the allegation are not relied
446     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
447     report or final audit report;
448          (b) records and audit workpapers to the extent they would disclose the identity of a
449     person who, during the course of an investigation or audit, communicated the existence of any
450     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
451     regulation adopted under the laws of this state, a political subdivision of the state, or any
452     recognized entity of the United States, if the information was disclosed on the condition that
453     the identity of the person be protected;
454          (c) before the time that an investigation or audit is completed and the final
455     investigation or final audit report is released, records or drafts circulated to a person who is not
456     an employee or head of a governmental entity for the person's response or information;
457          (d) records that would disclose an outline or part of any investigation, audit survey
458     plan, or audit program; or
459          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
460     investigation or audit;
461          (61) records that reveal methods used by the Office of Inspector General of Medicaid

462     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
463     abuse;
464          (62) information provided to the Department of Health or the Division of Occupational
465     and Professional Licensing under Subsection 58-68-304(3) or (4);
466          (63) a record described in Section 63G-12-210;
467          (64) captured plate data that is obtained through an automatic license plate reader
468     system used by a governmental entity as authorized in Section 41-6a-2003;
469          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
470     victim, including:
471          (a) a victim's application or request for benefits;
472          (b) a victim's receipt or denial of benefits; and
473          (c) any administrative notes or records made or created for the purpose of, or used to,
474     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
475     Reparations Fund;
476          (66) an audio or video recording created by a body-worn camera, as that term is
477     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
478     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
479     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
480     that term is defined in Section 62A-2-101, except for recordings that:
481          (a) depict the commission of an alleged crime;
482          (b) record any encounter between a law enforcement officer and a person that results in
483     death or bodily injury, or includes an instance when an officer fires a weapon;
484          (c) record any encounter that is the subject of a complaint or a legal proceeding against
485     a law enforcement officer or law enforcement agency;
486          (d) contain an officer involved critical incident as defined in Subsection
487     76-2-408(1)[(d)](f); or
488          (e) have been requested for reclassification as a public record by a subject or
489     authorized agent of a subject featured in the recording;
490          (67) a record pertaining to the search process for a president of an institution of higher
491     education described in Section 53B-2-102, except for application materials for a publicly
492     announced finalist; and

493          (68) an audio recording that is:
494          (a) produced by an audio recording device that is used in conjunction with a device or
495     piece of equipment designed or intended for resuscitating an individual or for treating an
496     individual with a life-threatening condition;
497          (b) produced during an emergency event when an individual employed to provide law
498     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
499          (i) is responding to an individual needing resuscitation or with a life-threatening
500     condition; and
501          (ii) uses a device or piece of equipment designed or intended for resuscitating an
502     individual or for treating an individual with a life-threatening condition; and
503          (c) intended and used for purposes of training emergency responders how to improve
504     their response to an emergency situation;
505          (69) records submitted by or prepared in relation to an applicant seeking a
506     recommendation by the Research and General Counsel Subcommittee, the Budget
507     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
508     employment position with the Legislature;
509          (70) work papers as defined in Section 31A-2-204;
510          (71) a record made available to Adult Protective Services or a law enforcement agency
511     under Section 61-1-206;
512          (72) a record submitted to the Insurance Department in accordance with Section
513     31A-37-201; and
514          (73) a record described in Section 31A-37-503.
515          (74) any record created by the Division of Occupational and Professional Licensing as
516     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); [and]
517          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
518     involving an amusement ride[.];
519          (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
520     on a political petition, or on a request to withdraw a signature from a political petition,
521     including a petition or request described in the following titles:
522          (a) Title 10, Utah Municipal Code;
523          (b) Title 17, Counties;

524          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
525          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
526          (e) Title 20A, Election Code;
527          (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
528     a voter registration record; and
529          (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
530     signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
531     local political subdivision collected or held under, or in relation to, Title 20A, Election Code.
532          Section 4. Section 63G-2-305.5 is enacted to read:
533          63G-2-305.5. Viewing or obtaining lists of signatures.
534          (1) The records custodian of a signature described in Subsection 63G-2-305(76) shall,
535     upon request, except for a name or signature classified as private under Title 20A, Chapter 2,
536     Voter Registration:
537          (a) provide a list of the names of the individuals who signed the petition or request; and
538          (b) permit an individual to view, but not take a copy or other image of, the signatures
539     on a political petition described in Subsection 63G-2-305(76).
540          (2) The records custodian of a signature described in Subsection 63G-2-305(77) shall,
541     upon request, except for a name or signature classified as private under Title 20A, Chapter 2,
542     Voter Registration:
543          (a) provide a list of the names of registered voters, excluding the names that are
544     classified as private under Title 20A, Chapter 2, Voter Registration; and
545          (b) except for a signature classified as private under Title 20A, Chapter 2, Voter
546     Registration, permit an individual to view, but not take a copy or other image of, the signature
547     on a voter registration record.
548          (3) Except for a signature classified as private under Title 20A, Chapter 2, Voter
549     Registration, the records custodian of a signature described in Subsection 63G-2-305(78) shall,
550     upon request, permit an individual to view, but not take a copy or other image of, a signature.