Chief Sponsor: Karen Mayne

House Sponsor: ____________


9     General Description:
10          This bill modifies the Government Records Access and Management Act related to
11     protected records.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that a record evidencing a municipality or county's determination of a
15     residential zoning ordinance noncompliance is a protected record.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
23     and 393

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 63G-2-305 is amended to read:
27          63G-2-305. Protected records.

28          The following records are protected if properly classified by a governmental entity:
29          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
30     has provided the governmental entity with the information specified in Section 63G-2-309;
31          (2) commercial information or nonindividual financial information obtained from a
32     person if:
33          (a) disclosure of the information could reasonably be expected to result in unfair
34     competitive injury to the person submitting the information or would impair the ability of the
35     governmental entity to obtain necessary information in the future;
36          (b) the person submitting the information has a greater interest in prohibiting access
37     than the public in obtaining access; and
38          (c) the person submitting the information has provided the governmental entity with
39     the information specified in Section 63G-2-309;
40          (3) commercial or financial information acquired or prepared by a governmental entity
41     to the extent that disclosure would lead to financial speculations in currencies, securities, or
42     commodities that will interfere with a planned transaction by the governmental entity or cause
43     substantial financial injury to the governmental entity or state economy;
44          (4) records, the disclosure of which could cause commercial injury to, or confer a
45     competitive advantage upon a potential or actual competitor of, a commercial project entity as
46     defined in Subsection 11-13-103(4);
47          (5) test questions and answers to be used in future license, certification, registration,
48     employment, or academic examinations;
49          (6) records, the disclosure of which would impair governmental procurement
50     proceedings or give an unfair advantage to any person proposing to enter into a contract or
51     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
52     Subsection (6) does not restrict the right of a person to have access to, after the contract or
53     grant has been awarded and signed by all parties:
54          (a) a bid, proposal, application, or other information submitted to or by a governmental
55     entity in response to:
56          (i) an invitation for bids;
57          (ii) a request for proposals;
58          (iii) a request for quotes;

59          (iv) a grant; or
60          (v) other similar document; or
61          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
62          (7) information submitted to or by a governmental entity in response to a request for
63     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
64     the right of a person to have access to the information, after:
65          (a) a contract directly relating to the subject of the request for information has been
66     awarded and signed by all parties; or
67          (b) (i) a final determination is made not to enter into a contract that relates to the
68     subject of the request for information; and
69          (ii) at least two years have passed after the day on which the request for information is
70     issued;
71          (8) records that would identify real property or the appraisal or estimated value of real
72     or personal property, including intellectual property, under consideration for public acquisition
73     before any rights to the property are acquired unless:
74          (a) public interest in obtaining access to the information is greater than or equal to the
75     governmental entity's need to acquire the property on the best terms possible;
76          (b) the information has already been disclosed to persons not employed by or under a
77     duty of confidentiality to the entity;
78          (c) in the case of records that would identify property, potential sellers of the described
79     property have already learned of the governmental entity's plans to acquire the property;
80          (d) in the case of records that would identify the appraisal or estimated value of
81     property, the potential sellers have already learned of the governmental entity's estimated value
82     of the property; or
83          (e) the property under consideration for public acquisition is a single family residence
84     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
85     the property as required under Section 78B-6-505;
86          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
87     compensated transaction of real or personal property including intellectual property, which, if
88     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
89     of the subject property, unless:

90          (a) the public interest in access is greater than or equal to the interests in restricting
91     access, including the governmental entity's interest in maximizing the financial benefit of the
92     transaction; or
93          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
94     the value of the subject property have already been disclosed to persons not employed by or
95     under a duty of confidentiality to the entity;
96          (10) records created or maintained for civil, criminal, or administrative enforcement
97     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
98     release of the records:
99          (a) reasonably could be expected to interfere with investigations undertaken for
100     enforcement, discipline, licensing, certification, or registration purposes;
101          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
102     proceedings;
103          (c) would create a danger of depriving a person of a right to a fair trial or impartial
104     hearing;
105          (d) reasonably could be expected to disclose the identity of a source who is not
106     generally known outside of government and, in the case of a record compiled in the course of
107     an investigation, disclose information furnished by a source not generally known outside of
108     government if disclosure would compromise the source; or
109          (e) reasonably could be expected to disclose investigative or audit techniques,
110     procedures, policies, or orders not generally known outside of government if disclosure would
111     interfere with enforcement or audit efforts;
112          (11) records the disclosure of which would jeopardize the life or safety of an
113     individual;
114          (12) records the disclosure of which would jeopardize the security of governmental
115     property, governmental programs, or governmental recordkeeping systems from damage, theft,
116     or other appropriation or use contrary to law or public policy;
117          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
118     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
119     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
120          (14) records that, if disclosed, would reveal recommendations made to the Board of

121     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
122     Board of Pardons and Parole, or the Department of Human Services that are based on the
123     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
124     jurisdiction;
125          (15) records and audit workpapers that identify audit, collection, and operational
126     procedures and methods used by the State Tax Commission, if disclosure would interfere with
127     audits or collections;
128          (16) records of a governmental audit agency relating to an ongoing or planned audit
129     until the final audit is released;
130          (17) records that are subject to the attorney client privilege;
131          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
132     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
133     quasi-judicial, or administrative proceeding;
134          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
135     from a member of the Legislature; and
136          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
137     legislative action or policy may not be classified as protected under this section; and
138          (b) (i) an internal communication that is part of the deliberative process in connection
139     with the preparation of legislation between:
140          (A) members of a legislative body;
141          (B) a member of a legislative body and a member of the legislative body's staff; or
142          (C) members of a legislative body's staff; and
143          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
144     legislative action or policy may not be classified as protected under this section;
145          (20) (a) records in the custody or control of the Office of Legislative Research and
146     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
147     legislation or contemplated course of action before the legislator has elected to support the
148     legislation or course of action, or made the legislation or course of action public; and
149          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
150     Office of Legislative Research and General Counsel is a public document unless a legislator
151     asks that the records requesting the legislation be maintained as protected records until such

152     time as the legislator elects to make the legislation or course of action public;
153          (21) research requests from legislators to the Office of Legislative Research and
154     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
155     in response to these requests;
156          (22) drafts, unless otherwise classified as public;
157          (23) records concerning a governmental entity's strategy about:
158          (a) collective bargaining; or
159          (b) imminent or pending litigation;
160          (24) records of investigations of loss occurrences and analyses of loss occurrences that
161     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
162     Uninsured Employers' Fund, or similar divisions in other governmental entities;
163          (25) records, other than personnel evaluations, that contain a personal recommendation
164     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
165     personal privacy, or disclosure is not in the public interest;
166          (26) records that reveal the location of historic, prehistoric, paleontological, or
167     biological resources that if known would jeopardize the security of those resources or of
168     valuable historic, scientific, educational, or cultural information;
169          (27) records of independent state agencies if the disclosure of the records would
170     conflict with the fiduciary obligations of the agency;
171          (28) records of an institution within the state system of higher education defined in
172     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
173     retention decisions, and promotions, which could be properly discussed in a meeting closed in
174     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
175     the final decisions about tenure, appointments, retention, promotions, or those students
176     admitted, may not be classified as protected under this section;
177          (29) records of the governor's office, including budget recommendations, legislative
178     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
179     policies or contemplated courses of action before the governor has implemented or rejected
180     those policies or courses of action or made them public;
181          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
182     revenue estimates, and fiscal notes of proposed legislation before issuance of the final

183     recommendations in these areas;
184          (31) records provided by the United States or by a government entity outside the state
185     that are given to the governmental entity with a requirement that they be managed as protected
186     records if the providing entity certifies that the record would not be subject to public disclosure
187     if retained by it;
188          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
189     public body except as provided in Section 52-4-206;
190          (33) records that would reveal the contents of settlement negotiations but not including
191     final settlements or empirical data to the extent that they are not otherwise exempt from
192     disclosure;
193          (34) memoranda prepared by staff and used in the decision-making process by an
194     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
195     other body charged by law with performing a quasi-judicial function;
196          (35) records that would reveal negotiations regarding assistance or incentives offered
197     by or requested from a governmental entity for the purpose of encouraging a person to expand
198     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
199     person or place the governmental entity at a competitive disadvantage, but this section may not
200     be used to restrict access to a record evidencing a final contract;
201          (36) materials to which access must be limited for purposes of securing or maintaining
202     the governmental entity's proprietary protection of intellectual property rights including patents,
203     copyrights, and trade secrets;
204          (37) the name of a donor or a prospective donor to a governmental entity, including an
205     institution within the state system of higher education defined in Section 53B-1-102, and other
206     information concerning the donation that could reasonably be expected to reveal the identity of
207     the donor, provided that:
208          (a) the donor requests anonymity in writing;
209          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
210     classified protected by the governmental entity under this Subsection (37); and
211          (c) except for an institution within the state system of higher education defined in
212     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
213     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority

214     over the donor, a member of the donor's immediate family, or any entity owned or controlled
215     by the donor or the donor's immediate family;
216          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
217     73-18-13;
218          (39) a notification of workers' compensation insurance coverage described in Section
219     34A-2-205;
220          (40) (a) the following records of an institution within the state system of higher
221     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
222     or received by or on behalf of faculty, staff, employees, or students of the institution:
223          (i) unpublished lecture notes;
224          (ii) unpublished notes, data, and information:
225          (A) relating to research; and
226          (B) of:
227          (I) the institution within the state system of higher education defined in Section
228     53B-1-102; or
229          (II) a sponsor of sponsored research;
230          (iii) unpublished manuscripts;
231          (iv) creative works in process;
232          (v) scholarly correspondence; and
233          (vi) confidential information contained in research proposals;
234          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
235     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
236          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
237          (41) (a) records in the custody or control of the Office of Legislative Auditor General
238     that would reveal the name of a particular legislator who requests a legislative audit prior to the
239     date that audit is completed and made public; and
240          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
241     Office of the Legislative Auditor General is a public document unless the legislator asks that
242     the records in the custody or control of the Office of Legislative Auditor General that would
243     reveal the name of a particular legislator who requests a legislative audit be maintained as
244     protected records until the audit is completed and made public;

245          (42) records that provide detail as to the location of an explosive, including a map or
246     other document that indicates the location of:
247          (a) a production facility; or
248          (b) a magazine;
249          (43) information:
250          (a) contained in the statewide database of the Division of Aging and Adult Services
251     created by Section 62A-3-311.1; or
252          (b) received or maintained in relation to the Identity Theft Reporting Information
253     System (IRIS) established under Section 67-5-22;
254          (44) information contained in the Management Information System and Licensing
255     Information System described in Title 62A, Chapter 4a, Child and Family Services;
256          (45) information regarding National Guard operations or activities in support of the
257     National Guard's federal mission;
258          (46) records provided by any pawn or secondhand business to a law enforcement
259     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
260     Secondhand Merchandise Transaction Information Act;
261          (47) information regarding food security, risk, and vulnerability assessments performed
262     by the Department of Agriculture and Food;
263          (48) except to the extent that the record is exempt from this chapter pursuant to Section
264     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
265     prepared or maintained by the Division of Emergency Management, and the disclosure of
266     which would jeopardize:
267          (a) the safety of the general public; or
268          (b) the security of:
269          (i) governmental property;
270          (ii) governmental programs; or
271          (iii) the property of a private person who provides the Division of Emergency
272     Management information;
273          (49) records of the Department of Agriculture and Food that provides for the
274     identification, tracing, or control of livestock diseases, including any program established under
275     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control

276     of Animal Disease;
277          (50) as provided in Section 26-39-501:
278          (a) information or records held by the Department of Health related to a complaint
279     regarding a child care program or residential child care which the department is unable to
280     substantiate; and
281          (b) information or records related to a complaint received by the Department of Health
282     from an anonymous complainant regarding a child care program or residential child care;
283          (51) unless otherwise classified as public under Section 63G-2-301 and except as
284     provided under Section 41-1a-116, an individual's home address, home telephone number, or
285     personal mobile phone number, if:
286          (a) the individual is required to provide the information in order to comply with a law,
287     ordinance, rule, or order of a government entity; and
288          (b) the subject of the record has a reasonable expectation that this information will be
289     kept confidential due to:
290          (i) the nature of the law, ordinance, rule, or order; and
291          (ii) the individual complying with the law, ordinance, rule, or order;
292          (52) the portion of the following documents that contains a candidate's residential or
293     mailing address, if the candidate provides to the filing officer another address or phone number
294     where the candidate may be contacted:
295          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
296     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
297     20A-9-408.5, 20A-9-502, or 20A-9-601;
298          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
299          (c) a notice of intent to gather signatures for candidacy, described in Section
300     20A-9-408;
301          (53) the name, home address, work addresses, and telephone numbers of an individual
302     that is engaged in, or that provides goods or services for, medical or scientific research that is:
303          (a) conducted within the state system of higher education, as defined in Section
304     53B-1-102; and
305          (b) conducted using animals;
306          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance

307     Evaluation Commission concerning an individual commissioner's vote on whether or not to
308     recommend that the voters retain a judge including information disclosed under Subsection
309     78A-12-203(5)(e);
310          (55) information collected and a report prepared by the Judicial Performance
311     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
312     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
313     the information or report;
314          (56) records contained in the Management Information System created in Section
315     62A-4a-1003;
316          (57) records provided or received by the Public Lands Policy Coordinating Office in
317     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
318          (58) information requested by and provided to the 911 Division under Section
319     63H-7a-302;
320          (59) in accordance with Section 73-10-33:
321          (a) a management plan for a water conveyance facility in the possession of the Division
322     of Water Resources or the Board of Water Resources; or
323          (b) an outline of an emergency response plan in possession of the state or a county or
324     municipality;
325          (60) the following records in the custody or control of the Office of Inspector General
326     of Medicaid Services, created in Section 63A-13-201:
327          (a) records that would disclose information relating to allegations of personal
328     misconduct, gross mismanagement, or illegal activity of a person if the information or
329     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
330     through other documents or evidence, and the records relating to the allegation are not relied
331     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
332     report or final audit report;
333          (b) records and audit workpapers to the extent they would disclose the identity of a
334     person who, during the course of an investigation or audit, communicated the existence of any
335     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
336     regulation adopted under the laws of this state, a political subdivision of the state, or any
337     recognized entity of the United States, if the information was disclosed on the condition that

338     the identity of the person be protected;
339          (c) before the time that an investigation or audit is completed and the final
340     investigation or final audit report is released, records or drafts circulated to a person who is not
341     an employee or head of a governmental entity for the person's response or information;
342          (d) records that would disclose an outline or part of any investigation, audit survey
343     plan, or audit program; or
344          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
345     investigation or audit;
346          (61) records that reveal methods used by the Office of Inspector General of Medicaid
347     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
348     abuse;
349          (62) information provided to the Department of Health or the Division of Occupational
350     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
351     58-68-304(3) and (4);
352          (63) a record described in Section 63G-12-210;
353          (64) captured plate data that is obtained through an automatic license plate reader
354     system used by a governmental entity as authorized in Section 41-6a-2003;
355          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
356     victim, including:
357          (a) a victim's application or request for benefits;
358          (b) a victim's receipt or denial of benefits; and
359          (c) any administrative notes or records made or created for the purpose of, or used to,
360     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
361     Reparations Fund;
362          (66) an audio or video recording created by a body-worn camera, as that term is
363     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
364     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
365     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
366     that term is defined in Section 62A-2-101, except for recordings that:
367          (a) depict the commission of an alleged crime;
368          (b) record any encounter between a law enforcement officer and a person that results in

369     death or bodily injury, or includes an instance when an officer fires a weapon;
370          (c) record any encounter that is the subject of a complaint or a legal proceeding against
371     a law enforcement officer or law enforcement agency;
372          (d) contain an officer involved critical incident as defined in Subsection
373     76-2-408(1)(f); or
374          (e) have been requested for reclassification as a public record by a subject or
375     authorized agent of a subject featured in the recording;
376          (67) a record pertaining to the search process for a president of an institution of higher
377     education described in Section 53B-2-102, except for application materials for a publicly
378     announced finalist;
379          (68) an audio recording that is:
380          (a) produced by an audio recording device that is used in conjunction with a device or
381     piece of equipment designed or intended for resuscitating an individual or for treating an
382     individual with a life-threatening condition;
383          (b) produced during an emergency event when an individual employed to provide law
384     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
385          (i) is responding to an individual needing resuscitation or with a life-threatening
386     condition; and
387          (ii) uses a device or piece of equipment designed or intended for resuscitating an
388     individual or for treating an individual with a life-threatening condition; and
389          (c) intended and used for purposes of training emergency responders how to improve
390     their response to an emergency situation;
391          (69) records submitted by or prepared in relation to an applicant seeking a
392     recommendation by the Research and General Counsel Subcommittee, the Budget
393     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
394     employment position with the Legislature;
395          (70) work papers as defined in Section 31A-2-204;
396          (71) a record made available to Adult Protective Services or a law enforcement agency
397     under Section 61-1-206;
398          (72) a record submitted to the Insurance Department in accordance with Section
399     31A-37-201 or 31A-22-653;

400          (73) a record described in Section 31A-37-503[.];
401          (74) any record created by the Division of Occupational and Professional Licensing as
402     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
403          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
404     involving an amusement ride;
405          (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
406     on a political petition, or on a request to withdraw a signature from a political petition,
407     including a petition or request described in the following titles:
408          (a) Title 10, Utah Municipal Code;
409          (b) Title 17, Counties;
410          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
411          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
412          (e) Title 20A, Election Code;
413          (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
414     a voter registration record;
415          (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
416     signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
417     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
418          (79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
419     5, Victims Guidelines for Prosecutors Act;
420          (80) a record submitted to the Insurance Department under Subsection
421     31A-47-103(1)(b); [and]
422          (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
423     prohibited under Section 63G-26-103[.]; and
424          (82) a record of a municipality or county that evidences the municipality or county's
425     determination that a property owner's property is not in compliance with a municipal or county
426     residential zoning ordinance.