1     
DISTRIBUTION OF PRESCRIPTION DRUG REBATES

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses pharmaceutical manufacturer rebates.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates definitions;
13          ▸     requires a pharmacy benefit manager to distribute to a health benefit plan enrollee
14     the enrollee's rebate share attributable to a prescription drug purchased by the
15     enrollee;
16          ▸     prohibits the disclosure of certain rebate information by an insurer, a pharmacy
17     benefit manager, or a person that contracts with an insurer or a pharmacy benefit
18     manager;
19          ▸     makes certain rebate information a protected record under the Government Records
20     Access and Management Act and a trade secret; and
21          ▸     requires the Department of Insurance to make rules.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     ENACTS:

28          31A-46-305, Utah Code Annotated 1953
29     AMENDS:
30          63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 31A-46-305 is enacted to read:
34          31A-46-305. Distribution of rebates.
35          (1) As used in this section:
36          (a) "Enrollee's cost share" means the amount of any copayment, deductible, and
37     coinsurance owed by an enrollee for the purchase of a prescription drug.
38          (b) "Enrollee's rebate share attributable to a prescription drug" means an amount
39     greater than or equal to the product calculated by multiplying:
40          (i) the sum of all rebates received, or to be received, in connection with the dispensing
41     or administration of the prescription drug; and
42          (ii) the medical loss ratio for the enrollee's health benefit plan, as defined by the
43     department under Subsection (5).
44          (c) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
45          (2) This section applies to rebates negotiated or collected by a pharmacy benefit
46     manager pursuant to a contract or similar arrangement between the pharmacy benefit manager
47     and an insurer.
48          (3) (a) Except as provided in Subsection (3)(b), a pharmacy benefit manager shall
49     distribute to an enrollee the enrollee's rebate share attributable to a prescription drug:
50          (i) at the time the enrollee purchases the prescription drug; and
51          (ii) as an offset to the enrollee's cost share for the prescription drug.
52          (b) The amount of the rebate distributed under Subsection (3)(a) may not exceed the
53     enrollee's cost share for the prescription drug.
54          (4) (a) In carrying out the provisions of this section, a pharmacy benefit manager and
55     any person that contracts with the pharmacy benefit manager may not publish or otherwise
56     reveal information in a manner that reveals the actual amount of rebates that an insurer receives
57     with respect to a specific product, manufacturer, or pharmacy.
58          (b) The information described in Subsection (4)(a) is a trade secret as defined in

59     Section 13-24-2, and may not be disclosed by the commissioner directly or indirectly.
60          (c) A pharmacy benefit manager shall require a third party that contracts with the
61     pharmacy benefit manager to comply with the provisions of this Subsection (4) if the third
62     party:
63          (i) performs health care or administrative services on behalf of an insurer; and
64          (ii) receives or has access to rebate information.
65          (5) The department shall define the minimum medical loss ratio under Subsection
66     (1)(b)(ii) in a manner that is consistent with PPACA and by rule made in accordance with Title
67     63G, Chapter 3, Utah Administrative Rulemaking Act.
68          Section 2. Section 63G-2-305 is amended to read:
69          63G-2-305. Protected records.
70          The following records are protected if properly classified by a governmental entity:
71          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
72     has provided the governmental entity with the information specified in Section 63G-2-309;
73          (2) commercial information or nonindividual financial information obtained from a
74     person if:
75          (a) disclosure of the information could reasonably be expected to result in unfair
76     competitive injury to the person submitting the information or would impair the ability of the
77     governmental entity to obtain necessary information in the future;
78          (b) the person submitting the information has a greater interest in prohibiting access
79     than the public in obtaining access; and
80          (c) the person submitting the information has provided the governmental entity with
81     the information specified in Section 63G-2-309;
82          (3) commercial or financial information acquired or prepared by a governmental entity
83     to the extent that disclosure would lead to financial speculations in currencies, securities, or
84     commodities that will interfere with a planned transaction by the governmental entity or cause
85     substantial financial injury to the governmental entity or state economy;
86          (4) records, the disclosure of which could cause commercial injury to, or confer a
87     competitive advantage upon a potential or actual competitor of, a commercial project entity as
88     defined in Subsection 11-13-103(4);
89          (5) test questions and answers to be used in future license, certification, registration,

90     employment, or academic examinations;
91          (6) records, the disclosure of which would impair governmental procurement
92     proceedings or give an unfair advantage to any person proposing to enter into a contract or
93     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
94     Subsection (6) does not restrict the right of a person to have access to, after the contract or
95     grant has been awarded and signed by all parties:
96          (a) a bid, proposal, application, or other information submitted to or by a governmental
97     entity in response to:
98          (i) an invitation for bids;
99          (ii) a request for proposals;
100          (iii) a request for quotes;
101          (iv) a grant; or
102          (v) other similar document; or
103          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
104          (7) information submitted to or by a governmental entity in response to a request for
105     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
106     the right of a person to have access to the information, after:
107          (a) a contract directly relating to the subject of the request for information has been
108     awarded and signed by all parties; or
109          (b) (i) a final determination is made not to enter into a contract that relates to the
110     subject of the request for information; and
111          (ii) at least two years have passed after the day on which the request for information is
112     issued;
113          (8) records that would identify real property or the appraisal or estimated value of real
114     or personal property, including intellectual property, under consideration for public acquisition
115     before any rights to the property are acquired unless:
116          (a) public interest in obtaining access to the information is greater than or equal to the
117     governmental entity's need to acquire the property on the best terms possible;
118          (b) the information has already been disclosed to persons not employed by or under a
119     duty of confidentiality to the entity;
120          (c) in the case of records that would identify property, potential sellers of the described

121     property have already learned of the governmental entity's plans to acquire the property;
122          (d) in the case of records that would identify the appraisal or estimated value of
123     property, the potential sellers have already learned of the governmental entity's estimated value
124     of the property; or
125          (e) the property under consideration for public acquisition is a single family residence
126     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
127     the property as required under Section 78B-6-505;
128          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
129     compensated transaction of real or personal property including intellectual property, which, if
130     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
131     of the subject property, unless:
132          (a) the public interest in access is greater than or equal to the interests in restricting
133     access, including the governmental entity's interest in maximizing the financial benefit of the
134     transaction; or
135          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
136     the value of the subject property have already been disclosed to persons not employed by or
137     under a duty of confidentiality to the entity;
138          (10) records created or maintained for civil, criminal, or administrative enforcement
139     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
140     release of the records:
141          (a) reasonably could be expected to interfere with investigations undertaken for
142     enforcement, discipline, licensing, certification, or registration purposes;
143          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
144     proceedings;
145          (c) would create a danger of depriving a person of a right to a fair trial or impartial
146     hearing;
147          (d) reasonably could be expected to disclose the identity of a source who is not
148     generally known outside of government and, in the case of a record compiled in the course of
149     an investigation, disclose information furnished by a source not generally known outside of
150     government if disclosure would compromise the source; or
151          (e) reasonably could be expected to disclose investigative or audit techniques,

152     procedures, policies, or orders not generally known outside of government if disclosure would
153     interfere with enforcement or audit efforts;
154          (11) records the disclosure of which would jeopardize the life or safety of an
155     individual;
156          (12) records the disclosure of which would jeopardize the security of governmental
157     property, governmental programs, or governmental recordkeeping systems from damage, theft,
158     or other appropriation or use contrary to law or public policy;
159          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
160     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
161     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
162          (14) records that, if disclosed, would reveal recommendations made to the Board of
163     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
164     Board of Pardons and Parole, or the Department of Human Services that are based on the
165     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
166     jurisdiction;
167          (15) records and audit workpapers that identify audit, collection, and operational
168     procedures and methods used by the State Tax Commission, if disclosure would interfere with
169     audits or collections;
170          (16) records of a governmental audit agency relating to an ongoing or planned audit
171     until the final audit is released;
172          (17) records that are subject to the attorney client privilege;
173          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
174     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
175     quasi-judicial, or administrative proceeding;
176          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
177     from a member of the Legislature; and
178          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
179     legislative action or policy may not be classified as protected under this section; and
180          (b) (i) an internal communication that is part of the deliberative process in connection
181     with the preparation of legislation between:
182          (A) members of a legislative body;

183          (B) a member of a legislative body and a member of the legislative body's staff; or
184          (C) members of a legislative body's staff; and
185          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
186     legislative action or policy may not be classified as protected under this section;
187          (20) (a) records in the custody or control of the Office of Legislative Research and
188     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
189     legislation or contemplated course of action before the legislator has elected to support the
190     legislation or course of action, or made the legislation or course of action public; and
191          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
192     Office of Legislative Research and General Counsel is a public document unless a legislator
193     asks that the records requesting the legislation be maintained as protected records until such
194     time as the legislator elects to make the legislation or course of action public;
195          (21) research requests from legislators to the Office of Legislative Research and
196     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
197     in response to these requests;
198          (22) drafts, unless otherwise classified as public;
199          (23) records concerning a governmental entity's strategy about:
200          (a) collective bargaining; or
201          (b) imminent or pending litigation;
202          (24) records of investigations of loss occurrences and analyses of loss occurrences that
203     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
204     Uninsured Employers' Fund, or similar divisions in other governmental entities;
205          (25) records, other than personnel evaluations, that contain a personal recommendation
206     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
207     personal privacy, or disclosure is not in the public interest;
208          (26) records that reveal the location of historic, prehistoric, paleontological, or
209     biological resources that if known would jeopardize the security of those resources or of
210     valuable historic, scientific, educational, or cultural information;
211          (27) records of independent state agencies if the disclosure of the records would
212     conflict with the fiduciary obligations of the agency;
213          (28) records of an institution within the state system of higher education defined in

214     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
215     retention decisions, and promotions, which could be properly discussed in a meeting closed in
216     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
217     the final decisions about tenure, appointments, retention, promotions, or those students
218     admitted, may not be classified as protected under this section;
219          (29) records of the governor's office, including budget recommendations, legislative
220     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
221     policies or contemplated courses of action before the governor has implemented or rejected
222     those policies or courses of action or made them public;
223          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
224     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
225     recommendations in these areas;
226          (31) records provided by the United States or by a government entity outside the state
227     that are given to the governmental entity with a requirement that they be managed as protected
228     records if the providing entity certifies that the record would not be subject to public disclosure
229     if retained by it;
230          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
231     public body except as provided in Section 52-4-206;
232          (33) records that would reveal the contents of settlement negotiations but not including
233     final settlements or empirical data to the extent that they are not otherwise exempt from
234     disclosure;
235          (34) memoranda prepared by staff and used in the decision-making process by an
236     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
237     other body charged by law with performing a quasi-judicial function;
238          (35) records that would reveal negotiations regarding assistance or incentives offered
239     by or requested from a governmental entity for the purpose of encouraging a person to expand
240     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
241     person or place the governmental entity at a competitive disadvantage, but this section may not
242     be used to restrict access to a record evidencing a final contract;
243          (36) materials to which access must be limited for purposes of securing or maintaining
244     the governmental entity's proprietary protection of intellectual property rights including patents,

245     copyrights, and trade secrets;
246          (37) the name of a donor or a prospective donor to a governmental entity, including an
247     institution within the state system of higher education defined in Section 53B-1-102, and other
248     information concerning the donation that could reasonably be expected to reveal the identity of
249     the donor, provided that:
250          (a) the donor requests anonymity in writing;
251          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
252     classified protected by the governmental entity under this Subsection (37); and
253          (c) except for an institution within the state system of higher education defined in
254     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
255     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
256     over the donor, a member of the donor's immediate family, or any entity owned or controlled
257     by the donor or the donor's immediate family;
258          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
259     73-18-13;
260          (39) a notification of workers' compensation insurance coverage described in Section
261     34A-2-205;
262          (40) (a) the following records of an institution within the state system of higher
263     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
264     or received by or on behalf of faculty, staff, employees, or students of the institution:
265          (i) unpublished lecture notes;
266          (ii) unpublished notes, data, and information:
267          (A) relating to research; and
268          (B) of:
269          (I) the institution within the state system of higher education defined in Section
270     53B-1-102; or
271          (II) a sponsor of sponsored research;
272          (iii) unpublished manuscripts;
273          (iv) creative works in process;
274          (v) scholarly correspondence; and
275          (vi) confidential information contained in research proposals;

276          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
277     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
278          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
279          (41) (a) records in the custody or control of the Office of Legislative Auditor General
280     that would reveal the name of a particular legislator who requests a legislative audit prior to the
281     date that audit is completed and made public; and
282          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
283     Office of the Legislative Auditor General is a public document unless the legislator asks that
284     the records in the custody or control of the Office of Legislative Auditor General that would
285     reveal the name of a particular legislator who requests a legislative audit be maintained as
286     protected records until the audit is completed and made public;
287          (42) records that provide detail as to the location of an explosive, including a map or
288     other document that indicates the location of:
289          (a) a production facility; or
290          (b) a magazine;
291          (43) information:
292          (a) contained in the statewide database of the Division of Aging and Adult Services
293     created by Section 62A-3-311.1; or
294          (b) received or maintained in relation to the Identity Theft Reporting Information
295     System (IRIS) established under Section 67-5-22;
296          (44) information contained in the Management Information System and Licensing
297     Information System described in Title 62A, Chapter 4a, Child and Family Services;
298          (45) information regarding National Guard operations or activities in support of the
299     National Guard's federal mission;
300          (46) records provided by any pawn or secondhand business to a law enforcement
301     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
302     Secondhand Merchandise Transaction Information Act;
303          (47) information regarding food security, risk, and vulnerability assessments performed
304     by the Department of Agriculture and Food;
305          (48) except to the extent that the record is exempt from this chapter pursuant to Section
306     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or

307     prepared or maintained by the Division of Emergency Management, and the disclosure of
308     which would jeopardize:
309          (a) the safety of the general public; or
310          (b) the security of:
311          (i) governmental property;
312          (ii) governmental programs; or
313          (iii) the property of a private person who provides the Division of Emergency
314     Management information;
315          (49) records of the Department of Agriculture and Food that provides for the
316     identification, tracing, or control of livestock diseases, including any program established under
317     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
318     of Animal Disease;
319          (50) as provided in Section 26-39-501:
320          (a) information or records held by the Department of Health related to a complaint
321     regarding a child care program or residential child care which the department is unable to
322     substantiate; and
323          (b) information or records related to a complaint received by the Department of Health
324     from an anonymous complainant regarding a child care program or residential child care;
325          (51) unless otherwise classified as public under Section 63G-2-301 and except as
326     provided under Section 41-1a-116, an individual's home address, home telephone number, or
327     personal mobile phone number, if:
328          (a) the individual is required to provide the information in order to comply with a law,
329     ordinance, rule, or order of a government entity; and
330          (b) the subject of the record has a reasonable expectation that this information will be
331     kept confidential due to:
332          (i) the nature of the law, ordinance, rule, or order; and
333          (ii) the individual complying with the law, ordinance, rule, or order;
334          (52) the portion of the following documents that contains a candidate's residential or
335     mailing address, if the candidate provides to the filing officer another address or phone number
336     where the candidate may be contacted:
337          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,

338     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
339     20A-9-408.5, 20A-9-502, or 20A-9-601;
340          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
341          (c) a notice of intent to gather signatures for candidacy, described in Section
342     20A-9-408;
343          (53) the name, home address, work addresses, and telephone numbers of an individual
344     that is engaged in, or that provides goods or services for, medical or scientific research that is:
345          (a) conducted within the state system of higher education, as defined in Section
346     53B-1-102; and
347          (b) conducted using animals;
348          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
349     Evaluation Commission concerning an individual commissioner's vote on whether or not to
350     recommend that the voters retain a judge including information disclosed under Subsection
351     78A-12-203(5)(e);
352          (55) information collected and a report prepared by the Judicial Performance
353     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
354     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
355     the information or report;
356          (56) records contained in the Management Information System created in Section
357     62A-4a-1003;
358          (57) records provided or received by the Public Lands Policy Coordinating Office in
359     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
360          (58) information requested by and provided to the 911 Division under Section
361     63H-7a-302;
362          (59) in accordance with Section 73-10-33:
363          (a) a management plan for a water conveyance facility in the possession of the Division
364     of Water Resources or the Board of Water Resources; or
365          (b) an outline of an emergency response plan in possession of the state or a county or
366     municipality;
367          (60) the following records in the custody or control of the Office of Inspector General
368     of Medicaid Services, created in Section 63A-13-201:

369          (a) records that would disclose information relating to allegations of personal
370     misconduct, gross mismanagement, or illegal activity of a person if the information or
371     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
372     through other documents or evidence, and the records relating to the allegation are not relied
373     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
374     report or final audit report;
375          (b) records and audit workpapers to the extent they would disclose the identity of a
376     person who, during the course of an investigation or audit, communicated the existence of any
377     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
378     regulation adopted under the laws of this state, a political subdivision of the state, or any
379     recognized entity of the United States, if the information was disclosed on the condition that
380     the identity of the person be protected;
381          (c) before the time that an investigation or audit is completed and the final
382     investigation or final audit report is released, records or drafts circulated to a person who is not
383     an employee or head of a governmental entity for the person's response or information;
384          (d) records that would disclose an outline or part of any investigation, audit survey
385     plan, or audit program; or
386          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
387     investigation or audit;
388          (61) records that reveal methods used by the Office of Inspector General of Medicaid
389     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
390     abuse;
391          (62) information provided to the Department of Health or the Division of Occupational
392     and Professional Licensing under Subsection 58-68-304(3) or (4);
393          (63) a record described in Section 63G-12-210;
394          (64) captured plate data that is obtained through an automatic license plate reader
395     system used by a governmental entity as authorized in Section 41-6a-2003;
396          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
397     victim, including:
398          (a) a victim's application or request for benefits;
399          (b) a victim's receipt or denial of benefits; and

400          (c) any administrative notes or records made or created for the purpose of, or used to,
401     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
402     Reparations Fund;
403          (66) an audio or video recording created by a body-worn camera, as that term is
404     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
405     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
406     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
407     that term is defined in Section 62A-2-101, except for recordings that:
408          (a) depict the commission of an alleged crime;
409          (b) record any encounter between a law enforcement officer and a person that results in
410     death or bodily injury, or includes an instance when an officer fires a weapon;
411          (c) record any encounter that is the subject of a complaint or a legal proceeding against
412     a law enforcement officer or law enforcement agency;
413          (d) contain an officer involved critical incident as defined in Subsection
414     76-2-408(1)(d); or
415          (e) have been requested for reclassification as a public record by a subject or
416     authorized agent of a subject featured in the recording;
417          (67) a record pertaining to the search process for a president of an institution of higher
418     education described in Section 53B-2-102, except for application materials for a publicly
419     announced finalist; and
420          (68) an audio recording that is:
421          (a) produced by an audio recording device that is used in conjunction with a device or
422     piece of equipment designed or intended for resuscitating an individual or for treating an
423     individual with a life-threatening condition;
424          (b) produced during an emergency event when an individual employed to provide law
425     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
426          (i) is responding to an individual needing resuscitation or with a life-threatening
427     condition; and
428          (ii) uses a device or piece of equipment designed or intended for resuscitating an
429     individual or for treating an individual with a life-threatening condition; and
430          (c) intended and used for purposes of training emergency responders how to improve

431     their response to an emergency situation;
432          (69) records submitted by or prepared in relation to an applicant seeking a
433     recommendation by the Research and General Counsel Subcommittee, the Budget
434     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
435     employment position with the Legislature;
436          (70) work papers as defined in Section 31A-2-204;
437          (71) a record made available to Adult Protective Services or a law enforcement agency
438     under Section 61-1-206;
439          (72) a record submitted to the Insurance Department in accordance with Section
440     31A-37-201; and
441          (73) a record described in Section 31A-37-503.
442          (74) any record created by the Division of Occupational and Professional Licensing as
443     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); [and]
444          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
445     involving an amusement ride[.]; and
446          (76) information relating to rebates under Section 31A-46-305.
447          Section 3. Effective date.
448          This bill takes effect on January 1, 2021.