Representative Mark A. Strong proposes the following substitute bill:




Chief Sponsor: Daniel McCay

House Sponsor: Mark A. Strong


8     General Description:
9          This bill amends provisions relating to nonprofit entities.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a public entity from, subject to certain exceptions, disclosing or taking
13     certain other action regarding information that identifies a person as a donor to an
14     entity exempt from federal income tax under Section 501(c) of the Internal Revenue
15     Code;
16          ▸     places limitations on the regulation of a nonprofit entity by a public agency; and
17          ▸     classifies a record protected from disclosure under this bill as a protected record
18     under the Government Records Access and Management Act.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277

26     ENACTS:
27          63G-24-101, Utah Code Annotated 1953
28          63G-24-102, Utah Code Annotated 1953
29          63G-24-103, Utah Code Annotated 1953
30          63G-24-104, Utah Code Annotated 1953
31          63G-24-105, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 63G-2-305 is amended to read:
35          63G-2-305. Protected records.
36          The following records are protected if properly classified by a governmental entity:
37          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
38     has provided the governmental entity with the information specified in Section 63G-2-309;
39          (2) commercial information or nonindividual financial information obtained from a
40     person if:
41          (a) disclosure of the information could reasonably be expected to result in unfair
42     competitive injury to the person submitting the information or would impair the ability of the
43     governmental entity to obtain necessary information in the future;
44          (b) the person submitting the information has a greater interest in prohibiting access
45     than the public in obtaining access; and
46          (c) the person submitting the information has provided the governmental entity with
47     the information specified in Section 63G-2-309;
48          (3) commercial or financial information acquired or prepared by a governmental entity
49     to the extent that disclosure would lead to financial speculations in currencies, securities, or
50     commodities that will interfere with a planned transaction by the governmental entity or cause
51     substantial financial injury to the governmental entity or state economy;
52          (4) records, the disclosure of which could cause commercial injury to, or confer a
53     competitive advantage upon a potential or actual competitor of, a commercial project entity as
54     defined in Subsection 11-13-103(4);
55          (5) test questions and answers to be used in future license, certification, registration,
56     employment, or academic examinations;

57          (6) records, the disclosure of which would impair governmental procurement
58     proceedings or give an unfair advantage to any person proposing to enter into a contract or
59     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
60     Subsection (6) does not restrict the right of a person to have access to, after the contract or
61     grant has been awarded and signed by all parties:
62          (a) a bid, proposal, application, or other information submitted to or by a governmental
63     entity in response to:
64          (i) an invitation for bids;
65          (ii) a request for proposals;
66          (iii) a request for quotes;
67          (iv) a grant; or
68          (v) other similar document; or
69          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
70          (7) information submitted to or by a governmental entity in response to a request for
71     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
72     the right of a person to have access to the information, after:
73          (a) a contract directly relating to the subject of the request for information has been
74     awarded and signed by all parties; or
75          (b) (i) a final determination is made not to enter into a contract that relates to the
76     subject of the request for information; and
77          (ii) at least two years have passed after the day on which the request for information is
78     issued;
79          (8) records that would identify real property or the appraisal or estimated value of real
80     or personal property, including intellectual property, under consideration for public acquisition
81     before any rights to the property are acquired unless:
82          (a) public interest in obtaining access to the information is greater than or equal to the
83     governmental entity's need to acquire the property on the best terms possible;
84          (b) the information has already been disclosed to persons not employed by or under a
85     duty of confidentiality to the entity;
86          (c) in the case of records that would identify property, potential sellers of the described
87     property have already learned of the governmental entity's plans to acquire the property;

88          (d) in the case of records that would identify the appraisal or estimated value of
89     property, the potential sellers have already learned of the governmental entity's estimated value
90     of the property; or
91          (e) the property under consideration for public acquisition is a single family residence
92     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
93     the property as required under Section 78B-6-505;
94          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
95     compensated transaction of real or personal property including intellectual property, which, if
96     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
97     of the subject property, unless:
98          (a) the public interest in access is greater than or equal to the interests in restricting
99     access, including the governmental entity's interest in maximizing the financial benefit of the
100     transaction; or
101          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
102     the value of the subject property have already been disclosed to persons not employed by or
103     under a duty of confidentiality to the entity;
104          (10) records created or maintained for civil, criminal, or administrative enforcement
105     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
106     release of the records:
107          (a) reasonably could be expected to interfere with investigations undertaken for
108     enforcement, discipline, licensing, certification, or registration purposes;
109          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
110     proceedings;
111          (c) would create a danger of depriving a person of a right to a fair trial or impartial
112     hearing;
113          (d) reasonably could be expected to disclose the identity of a source who is not
114     generally known outside of government and, in the case of a record compiled in the course of
115     an investigation, disclose information furnished by a source not generally known outside of
116     government if disclosure would compromise the source; or
117          (e) reasonably could be expected to disclose investigative or audit techniques,
118     procedures, policies, or orders not generally known outside of government if disclosure would

119     interfere with enforcement or audit efforts;
120          (11) records the disclosure of which would jeopardize the life or safety of an
121     individual;
122          (12) records the disclosure of which would jeopardize the security of governmental
123     property, governmental programs, or governmental recordkeeping systems from damage, theft,
124     or other appropriation or use contrary to law or public policy;
125          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
126     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
127     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
128          (14) records that, if disclosed, would reveal recommendations made to the Board of
129     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
130     Board of Pardons and Parole, or the Department of Human Services that are based on the
131     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
132     jurisdiction;
133          (15) records and audit workpapers that identify audit, collection, and operational
134     procedures and methods used by the State Tax Commission, if disclosure would interfere with
135     audits or collections;
136          (16) records of a governmental audit agency relating to an ongoing or planned audit
137     until the final audit is released;
138          (17) records that are subject to the attorney client privilege;
139          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
140     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
141     quasi-judicial, or administrative proceeding;
142          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
143     from a member of the Legislature; and
144          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
145     legislative action or policy may not be classified as protected under this section; and
146          (b) (i) an internal communication that is part of the deliberative process in connection
147     with the preparation of legislation between:
148          (A) members of a legislative body;
149          (B) a member of a legislative body and a member of the legislative body's staff; or

150          (C) members of a legislative body's staff; and
151          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
152     legislative action or policy may not be classified as protected under this section;
153          (20) (a) records in the custody or control of the Office of Legislative Research and
154     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
155     legislation or contemplated course of action before the legislator has elected to support the
156     legislation or course of action, or made the legislation or course of action public; and
157          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
158     Office of Legislative Research and General Counsel is a public document unless a legislator
159     asks that the records requesting the legislation be maintained as protected records until such
160     time as the legislator elects to make the legislation or course of action public;
161          (21) research requests from legislators to the Office of Legislative Research and
162     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
163     in response to these requests;
164          (22) drafts, unless otherwise classified as public;
165          (23) records concerning a governmental entity's strategy about:
166          (a) collective bargaining; or
167          (b) imminent or pending litigation;
168          (24) records of investigations of loss occurrences and analyses of loss occurrences that
169     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
170     Uninsured Employers' Fund, or similar divisions in other governmental entities;
171          (25) records, other than personnel evaluations, that contain a personal recommendation
172     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
173     personal privacy, or disclosure is not in the public interest;
174          (26) records that reveal the location of historic, prehistoric, paleontological, or
175     biological resources that if known would jeopardize the security of those resources or of
176     valuable historic, scientific, educational, or cultural information;
177          (27) records of independent state agencies if the disclosure of the records would
178     conflict with the fiduciary obligations of the agency;
179          (28) records of an institution within the state system of higher education defined in
180     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,

181     retention decisions, and promotions, which could be properly discussed in a meeting closed in
182     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
183     the final decisions about tenure, appointments, retention, promotions, or those students
184     admitted, may not be classified as protected under this section;
185          (29) records of the governor's office, including budget recommendations, legislative
186     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
187     policies or contemplated courses of action before the governor has implemented or rejected
188     those policies or courses of action or made them public;
189          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
190     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
191     recommendations in these areas;
192          (31) records provided by the United States or by a government entity outside the state
193     that are given to the governmental entity with a requirement that they be managed as protected
194     records if the providing entity certifies that the record would not be subject to public disclosure
195     if retained by it;
196          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
197     public body except as provided in Section 52-4-206;
198          (33) records that would reveal the contents of settlement negotiations but not including
199     final settlements or empirical data to the extent that they are not otherwise exempt from
200     disclosure;
201          (34) memoranda prepared by staff and used in the decision-making process by an
202     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
203     other body charged by law with performing a quasi-judicial function;
204          (35) records that would reveal negotiations regarding assistance or incentives offered
205     by or requested from a governmental entity for the purpose of encouraging a person to expand
206     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
207     person or place the governmental entity at a competitive disadvantage, but this section may not
208     be used to restrict access to a record evidencing a final contract;
209          (36) materials to which access must be limited for purposes of securing or maintaining
210     the governmental entity's proprietary protection of intellectual property rights including patents,
211     copyrights, and trade secrets;

212          (37) the name of a donor or a prospective donor to a governmental entity, including an
213     institution within the state system of higher education defined in Section 53B-1-102, and other
214     information concerning the donation that could reasonably be expected to reveal the identity of
215     the donor, provided that:
216          (a) the donor requests anonymity in writing;
217          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
218     classified protected by the governmental entity under this Subsection (37); and
219          (c) except for an institution within the state system of higher education defined in
220     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
221     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
222     over the donor, a member of the donor's immediate family, or any entity owned or controlled
223     by the donor or the donor's immediate family;
224          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
225     73-18-13;
226          (39) a notification of workers' compensation insurance coverage described in Section
227     34A-2-205;
228          (40) (a) the following records of an institution within the state system of higher
229     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
230     or received by or on behalf of faculty, staff, employees, or students of the institution:
231          (i) unpublished lecture notes;
232          (ii) unpublished notes, data, and information:
233          (A) relating to research; and
234          (B) of:
235          (I) the institution within the state system of higher education defined in Section
236     53B-1-102; or
237          (II) a sponsor of sponsored research;
238          (iii) unpublished manuscripts;
239          (iv) creative works in process;
240          (v) scholarly correspondence; and
241          (vi) confidential information contained in research proposals;
242          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public

243     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
244          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
245          (41) (a) records in the custody or control of the Office of Legislative Auditor General
246     that would reveal the name of a particular legislator who requests a legislative audit prior to the
247     date that audit is completed and made public; and
248          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
249     Office of the Legislative Auditor General is a public document unless the legislator asks that
250     the records in the custody or control of the Office of Legislative Auditor General that would
251     reveal the name of a particular legislator who requests a legislative audit be maintained as
252     protected records until the audit is completed and made public;
253          (42) records that provide detail as to the location of an explosive, including a map or
254     other document that indicates the location of:
255          (a) a production facility; or
256          (b) a magazine;
257          (43) information:
258          (a) contained in the statewide database of the Division of Aging and Adult Services
259     created by Section 62A-3-311.1; or
260          (b) received or maintained in relation to the Identity Theft Reporting Information
261     System (IRIS) established under Section 67-5-22;
262          (44) information contained in the Management Information System and Licensing
263     Information System described in Title 62A, Chapter 4a, Child and Family Services;
264          (45) information regarding National Guard operations or activities in support of the
265     National Guard's federal mission;
266          (46) records provided by any pawn or secondhand business to a law enforcement
267     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
268     Secondhand Merchandise Transaction Information Act;
269          (47) information regarding food security, risk, and vulnerability assessments performed
270     by the Department of Agriculture and Food;
271          (48) except to the extent that the record is exempt from this chapter pursuant to Section
272     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
273     prepared or maintained by the Division of Emergency Management, and the disclosure of

274     which would jeopardize:
275          (a) the safety of the general public; or
276          (b) the security of:
277          (i) governmental property;
278          (ii) governmental programs; or
279          (iii) the property of a private person who provides the Division of Emergency
280     Management information;
281          (49) records of the Department of Agriculture and Food that provides for the
282     identification, tracing, or control of livestock diseases, including any program established under
283     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
284     of Animal Disease;
285          (50) as provided in Section 26-39-501:
286          (a) information or records held by the Department of Health related to a complaint
287     regarding a child care program or residential child care which the department is unable to
288     substantiate; and
289          (b) information or records related to a complaint received by the Department of Health
290     from an anonymous complainant regarding a child care program or residential child care;
291          (51) unless otherwise classified as public under Section 63G-2-301 and except as
292     provided under Section 41-1a-116, an individual's home address, home telephone number, or
293     personal mobile phone number, if:
294          (a) the individual is required to provide the information in order to comply with a law,
295     ordinance, rule, or order of a government entity; and
296          (b) the subject of the record has a reasonable expectation that this information will be
297     kept confidential due to:
298          (i) the nature of the law, ordinance, rule, or order; and
299          (ii) the individual complying with the law, ordinance, rule, or order;
300          (52) the portion of the following documents that contains a candidate's residential or
301     mailing address, if the candidate provides to the filing officer another address or phone number
302     where the candidate may be contacted:
303          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
304     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,

305     20A-9-408.5, 20A-9-502, or 20A-9-601;
306          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
307          (c) a notice of intent to gather signatures for candidacy, described in Section
308     20A-9-408;
309          (53) the name, home address, work addresses, and telephone numbers of an individual
310     that is engaged in, or that provides goods or services for, medical or scientific research that is:
311          (a) conducted within the state system of higher education, as defined in Section
312     53B-1-102; and
313          (b) conducted using animals;
314          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
315     Evaluation Commission concerning an individual commissioner's vote on whether or not to
316     recommend that the voters retain a judge including information disclosed under Subsection
317     78A-12-203(5)(e);
318          (55) information collected and a report prepared by the Judicial Performance
319     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
320     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
321     the information or report;
322          (56) records contained in the Management Information System created in Section
323     62A-4a-1003;
324          (57) records provided or received by the Public Lands Policy Coordinating Office in
325     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
326          (58) information requested by and provided to the 911 Division under Section
327     63H-7a-302;
328          (59) in accordance with Section 73-10-33:
329          (a) a management plan for a water conveyance facility in the possession of the Division
330     of Water Resources or the Board of Water Resources; or
331          (b) an outline of an emergency response plan in possession of the state or a county or
332     municipality;
333          (60) the following records in the custody or control of the Office of Inspector General
334     of Medicaid Services, created in Section 63A-13-201:
335          (a) records that would disclose information relating to allegations of personal

336     misconduct, gross mismanagement, or illegal activity of a person if the information or
337     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
338     through other documents or evidence, and the records relating to the allegation are not relied
339     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
340     report or final audit report;
341          (b) records and audit workpapers to the extent they would disclose the identity of a
342     person who, during the course of an investigation or audit, communicated the existence of any
343     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
344     regulation adopted under the laws of this state, a political subdivision of the state, or any
345     recognized entity of the United States, if the information was disclosed on the condition that
346     the identity of the person be protected;
347          (c) before the time that an investigation or audit is completed and the final
348     investigation or final audit report is released, records or drafts circulated to a person who is not
349     an employee or head of a governmental entity for the person's response or information;
350          (d) records that would disclose an outline or part of any investigation, audit survey
351     plan, or audit program; or
352          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
353     investigation or audit;
354          (61) records that reveal methods used by the Office of Inspector General of Medicaid
355     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
356     abuse;
357          (62) information provided to the Department of Health or the Division of Occupational
358     and Professional Licensing under Subsection 58-68-304(3) or (4);
359          (63) a record described in Section 63G-12-210;
360          (64) captured plate data that is obtained through an automatic license plate reader
361     system used by a governmental entity as authorized in Section 41-6a-2003;
362          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
363     victim, including:
364          (a) a victim's application or request for benefits;
365          (b) a victim's receipt or denial of benefits; and
366          (c) any administrative notes or records made or created for the purpose of, or used to,

367     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
368     Reparations Fund;
369          (66) an audio or video recording created by a body-worn camera, as that term is
370     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
371     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
372     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
373     that term is defined in Section 62A-2-101, except for recordings that:
374          (a) depict the commission of an alleged crime;
375          (b) record any encounter between a law enforcement officer and a person that results in
376     death or bodily injury, or includes an instance when an officer fires a weapon;
377          (c) record any encounter that is the subject of a complaint or a legal proceeding against
378     a law enforcement officer or law enforcement agency;
379          (d) contain an officer involved critical incident as defined in Subsection
380     76-2-408(1)(d); or
381          (e) have been requested for reclassification as a public record by a subject or
382     authorized agent of a subject featured in the recording;
383          (67) a record pertaining to the search process for a president of an institution of higher
384     education described in Section 53B-2-102, except for application materials for a publicly
385     announced finalist; [and]
386          (68) an audio recording that is:
387          (a) produced by an audio recording device that is used in conjunction with a device or
388     piece of equipment designed or intended for resuscitating an individual or for treating an
389     individual with a life-threatening condition;
390          (b) produced during an emergency event when an individual employed to provide law
391     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
392          (i) is responding to an individual needing resuscitation or with a life-threatening
393     condition; and
394          (ii) uses a device or piece of equipment designed or intended for resuscitating an
395     individual or for treating an individual with a life-threatening condition; and
396          (c) intended and used for purposes of training emergency responders how to improve
397     their response to an emergency situation;

398          (69) records submitted by or prepared in relation to an applicant seeking a
399     recommendation by the Research and General Counsel Subcommittee, the Budget
400     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
401     employment position with the Legislature;
402          (70) work papers as defined in Section 31A-2-204;
403          (71) a record made available to Adult Protective Services or a law enforcement agency
404     under Section 61-1-206;
405          (72) a record submitted to the Insurance Department in accordance with Section
406     31A-37-201; [and]
407          (73) a record described in Section 31A-37-503[.];
408          (74) any record created by the Division of Occupational and Professional Licensing as
409     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); [and]
410          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
411     involving an amusement ride[.]; and
412          (76) personal information, as defined in Section 63G-24-102, to the extent disclosure is
413     prohibited under Section 63G-24-103.
414          Section 2. Section 63G-24-101 is enacted to read:

416          63G-24-101. Title.
417          This chapter is known as "Government Interaction With Nonprofit Entities."
418          Section 3. Section 63G-24-102 is enacted to read:
419          63G-24-102. Definitions.
420          As used in this chapter:
421          (1) "Personal information" means a record or other compilation of data that identifies a
422     person as a donor to an entity exempt from federal income tax under Section 501(c) of the
423     Internal Revenue Code.
424          (2) "Public agency" means a state or local government entity, including:
425          (a) a department, division, agency, office, commission, board, or other government
426     organization;
427          (b) a political subdivision, including a county, city, town, metro township, local
428     district, or special service district;

429          (c) a public school, school district, charter school, or public higher education
430     institution; or
431          (d) a judicial or quasi-judicial body.
432          Section 4. Section 63G-24-103 is enacted to read:
433          63G-24-103. Protection of personal information.
434          (1) Except as provided in Subsections (2), (3), and (5), a public agency may not:
435          (a) require an individual to provide the public agency with personal information or
436     otherwise compel the release of personal information;
437          (b) require an entity exempt from federal income tax under Section 501(c) of the
438     Internal Revenue Code to provide the public agency with personal information or compel the
439     entity to release personal information;
440          (c) release, publicize, or otherwise publicly disclose personal information in possession
441     of a public agency; or
442          (d) request or require a current or prospective contractor or grantee of the public
443     agency to provide the public agency with a list of entities exempt from federal income tax
444     under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has
445     provided financial or nonfinancial support.
446          (2) Subsection (1) does not apply to:
447          (a) a disclosure of personal information required under Title 20A, Election Code, Title
448     36, Chapter 11, Lobbyist Disclosure and Regulation Act, or any other legal requirement
449     relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or
450     lobbying expenditures;
451          (b) a disclosure of personal information expressly required by law;
452          (c) a disclosure of personal information voluntarily made:
453          (i) as part of public comment or in a public meeting; or
454          (ii) in another manner that is publicly accessible;
455          (d) a disclosure of personal information pursuant to a warrant or court order issued by a
456     court of competent jurisdiction;
457          (e) a lawful request for discovery of personal information in litigation or a criminal
458     proceeding;
459          (f) the use of personal information in a legal proceeding;

460          (g) a public agency sharing personal information with another public agency in
461     accordance with the requirements of law; or
462          (h) a nonprofit created under Title 11, Chapter 13a, Governmental Nonprofit
463     Corporations Act.
464          (3) Subsections (1)(a), (b), and (d) do not apply to:
465          (a) administration or enforcement of Title 13, Chapter 11, Utah Consumer Sales
466     Practice Act, or Title 13, Chapter 22, Charitable Solicitations Act;
467          (b) the request or use of personal information necessary to the State Tax Commission's
468     administration of tax or motor vehicle laws; or
469          (c) access to personal information by the Office of the Legislative Auditor General or
470     the state auditor's office to conduct an audit.
471          (4) A court shall consider whether to:
472          (a) limit a request for discovery of personal information; or
473          (b) issue a protective order in relation to the disclosure of personal information
474     obtained or used in relation to a legal proceeding.
475          (5) Subsection (1) does not apply to disclosure of a contributor, as defined in Section
476     41-1a-422, to a sponsoring organization described in Subsection 41-1a-422(3).
477          Section 5. Section 63G-24-104 is enacted to read:
478          63G-24-104. Enforcement -- Penalty.
479          (1) A person whose personal information is provided or disclosed in violation of this
480     chapter may bring a civil action for appropriate injunctive relief, damages, or both.
481          (2) A court may award court costs and attorney fees to a person that brings an action
482     described in Subsection (1) if the person prevails in that action.
483          (3) A person that knowingly violates a provision of Section 63G-24-103 is guilty of a
484     class C misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not
485     more than $1,000, or both.
486          Section 6. Section 63G-24-105 is enacted to read:
487          63G-24-105. Limitations on regulation by a public agency.
488          A public agency may not impose a requirement on the registration or maintenance of a
489     nonprofit entity that is more restrictive or expansive than the requirements authorized by Utah
490     Code or federal law.