Representative Karianne Lisonbee proposes the following substitute bill:




Chief Sponsor: Karianne Lisonbee

Senate Sponsor: ____________


8     General Description:
9          This bill creates the Office of the Education Ombudsman.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Office of the Education Ombudsman (office) in the governor's office;
13          ▸     requires the office to report to the Education Interim Committee;
14          ▸     defines terms;
15          ▸     establishes the duties of the office;
16          ▸     enacts provisions governing liability and protected communications of the office;
17          ▸     enacts provisions governing office confidentiality and privilege;
18          ▸     amends provisions protecting certain records created or submitted to the office; and
19          ▸     makes conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          53E-1-201, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
27          63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
28     and 382
29     ENACTS:
30          53E-10-801, Utah Code Annotated 1953
31          53E-10-802, Utah Code Annotated 1953
32          53E-10-803, Utah Code Annotated 1953
33          53E-10-804, Utah Code Annotated 1953
34          53E-10-805, Utah Code Annotated 1953
35          53E-10-806, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53E-1-201 is amended to read:
39          53E-1-201. Reports to and action required of the Education Interim Committee.
40          (1) In accordance with applicable provisions and Section 68-3-14, the following
41     recurring reports are due to the Education Interim Committee:
42          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
43     including the information described in Section 9-22-113 on the status of the computer science
44     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
45          (b) the prioritized list of data research described in Section 35A-14-302 and the report
46     on research described in Section 35A-14-304 by the Utah Data Research Center;
47          (c) the report described in Section 35A-15-303 by the State Board of Education on
48     preschool programs;
49          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
50     on career and technical education issues and addressing workforce needs;
51          (e) the annual report of the Utah Board of Higher Education described in Section
52     53B-1-402;
53          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
54     regarding activities related to campus safety;
55          (g) the State Superintendent's Annual Report by the state board described in Section
56     53E-1-203;

57          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
58     plan to improve student outcomes;
59          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
60     the Deaf and the Blind;
61          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
62     Actionable, and Dynamic Education director on research and other activities;
63          (k) the report described in Section 53F-4-203 by the state board and the independent
64     evaluator on an evaluation of early interactive reading software;
65          (l) the report described in Section 53F-4-407 by the state board on UPSTART;
66          (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
67     related to grants for professional learning and grants for an elementary teacher preparation
68     assessment; [and]
69          (n) the report described in Section 53F-5-405 by the State Board of Education
70     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
71     for students who are low income[.]; and
72          (o) the report described in Section 53E-10-806 by the education ombudsman.
73          (2) In accordance with applicable provisions and Section 68-3-14, the following
74     occasional reports are due to the Education Interim Committee:
75          (a) the report described in Section 35A-15-303 by the School Readiness Board by
76     November 30, 2020, on benchmarks for certain preschool programs;
77          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
78     on or before the Education Interim Committee's November 2021 meeting;
79          (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
80     and implementing activity based costing;
81          (d) if required, the report described in Section 53E-4-309 by the state board explaining
82     the reasons for changing the grade level specification for the administration of specific
83     assessments;
84          (e) if required, the report described in Section 53E-5-210 by the state board of an
85     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
86          (f) in 2022 and in 2023, on or before November 30, the report described in Subsection
87     53E-10-309(7) related to the PRIME pilot program;

88          (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
89     Actionable, and Dynamic Education;
90          (h) if required, the report described in Section 53F-2-513 by the state board evaluating
91     the effects of salary bonuses on the recruitment and retention of effective teachers in high
92     poverty schools;
93          (i) upon request, the report described in Section 53F-5-207 by the state board on the
94     Intergenerational Poverty Intervention Grants Program;
95          (j) the report described in Section 53F-5-210 by the state board on the Educational
96     Improvement Opportunities Outside of the Regular School Day Grant Program;
97          (k) the report described in Section 53G-7-503 by the state board regarding fees that
98     LEAs charge during the 2020-2021 school year;
99          (l) the reports described in Section 53G-11-304 by the state board regarding proposed
100     rules and results related to educator exit surveys;
101          (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
102     and Mental Health, the State Board of Education, and the Department of Health regarding
103     recommendations related to Medicaid reimbursement for school-based health services; and
104          (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
105     Planning Commission.
106          Section 2. Section 53E-10-801 is enacted to read:
Part 8. Office of the Education Ombudsman

108          53E-10-801. Definitions.
109          As used in this part:
110          (1) "Office" means the Office of the Education Ombudsman created in Section
111     53E-10-802.
112          (2) "Ombudsman" means the individual appointed under Section 53E-10-802.
113          Section 3. Section 53E-10-802 is enacted to read:
114          53E-10-802. Office of the Education Ombudsman.
115          (1) There is created in the governor's office the Office of the Education Ombudsman.
116          (2) The governor shall appoint, with advice and consent of the Senate, an individual
117     with a background and expertise in state and federal elementary and secondary education law
118     and policy to:

119          (a) serve as the ombudsman; and
120          (b) direct the office.
121          (3) An individual appointed as the ombudsman:
122          (a) is an exempt employee; and
123          (b) may be terminated by the governor without cause.
124          Section 4. Section 53E-10-803 is enacted to read:
125          53E-10-803. Duties.
126          (1) Subject to Subsection (2), the office shall:
127          (a) develop and maintain expertise in state and federal kindergarten, elementary, and
128     secondary education law;
129          (b) develop parental involvement materials, including instructional guides to inform
130     parents of:
131          (i) the core standards implemented in accordance with Section 53E-4-202;
132          (ii) a statewide assessment, as defined in Section 53E-4-301;
133          (iii) education governance and administration, including the respective roles of the
134     Legislature, state board, an LEA governing board, LEA administrators, school administrators,
135     and parents;
136          (iv) the requirements of Title 53, Chapter 4, Open and Public Meetings Act;
137          (v) a program or curriculum that, under a state law or a policy or rule, a parent has a
138     right to consent to before a student may participate in the program or receive the curriculum;
139          (vi) school discipline regulations and procedures as described in Title 53G, Chapter 8,
140     Discipline and Safety; and
141          (vii) resources to support parents in assisting with their student's education;
142          (c) provide information to students, parents, and members of the public regarding the
143     state's kindergarten, elementary, and secondary school system;
144          (d) facilitate the resolution of complaints made by parents, students, and, except as
145     provided in Subsection (2)(a)(ii), teachers with regard to the state's kindergarten, elementary,
146     and secondary education system; and
147          (e) refer complaints, if necessary, or individuals who need further assistance to
148     appropriate state and federal agencies or resources.
149          (2) The office may not:

150          (a) facilitate complaints concerning the following:
151          (i) an elected member of the state board or an LEA governing board;
152          (ii) an allegation or complaint in which the investigation or resolution of is governed
153     by Chapter 6, Education Professional Licensure; or
154          (iii) a complaint regarding an individualized education program or Section 504
155     accommodation plan; or
156          (b) respond to inquiries or complaints about:
157          (i) a private school;
158          (ii) a preschool;
159          (iii) a childcare center;
160          (iv) a public or private institution of higher education; or
161          (v) any other private organization, business, or entity.
162          (3) The office may not charge a fee.
163          Section 5. Section 53E-10-804 is enacted to read:
164          53E-10-804. Liability for good faith performance -- Communications protected.
165          (1) Neither the ombudsman nor an employee of the office is liable for good faith
166     performance of responsibilities under this part.
167          (2) (a) Neither the office nor an individual attorney employed by the office, if any, may
168     represent a person in a legal action that arises from or relates to a matter addressed in this part.
169          (b) An action by an attorney employed by the office, if any, does not create an
170     attorney-client relationship between the office or the office's attorney and a person.
171          (3) (a) No discriminatory, disciplinary, or retaliatory action may be taken against any
172     student, employee of an LEA, or an employee of the state board, for any communication made,
173     or information given or disclosed, to aid an employee of the office in carrying out the
174     employee's duties and responsibilities, unless the communication is made, or information is
175     given or disclosed, without good faith or maliciously.
176          (b) The provisions of Subsection (3)(a) do not prohibit an LEA or the state board from
177     supervising, disciplining, or terminating an employee for reasons other than those described in
178     Subsection (3)(a).
179          (4) (a) A communication by the ombudsman or an employee of the office, if reasonably
180     related to duties and responsibilities as described in this part, and done in good faith, are

181     privileged.
182          (b) The privilege created in Subsection (4)(a) is a defense to any action in libel or
183     slander.
184          Section 6. Section 53E-10-805 is enacted to read:
185          53E-10-805. Confidentiality.
186          (1) The office shall treat all matters, including the identities of parents, students,
187     complainants, and individuals from whom information is acquired, as confidential, except as
188     necessary to enable the office to perform the duties as described in this part.
189          (2) Upon receipt of information that by law is confidential or privileged, the office:
190          (a) shall maintain the confidentiality; and
191          (b) may not disclose or disseminate the information except as provided by applicable
192     state or federal law.
193          Section 7. Section 53E-10-806 is enacted to read:
194          53E-10-806. Report.
195          (1) No later than November 1, the ombudsman shall, in accordance with Section
196     68-3-14, report annually to the Education Interim Committee.
197          (2) The report shall include:
198          (a) by district and aggregated across the state:
199          (i) what services of the office have been requested and by whom without identifying
200     individual requestors; and
201          (ii) an accounting of the most frequent type of conflicts the office is asked to help
202     resolve;
203          (b) materials and trainings the office has created or conducted in the last year;
204          (c) recommendations to eliminate barriers and obstacles to meaningful parent and
205     community involvement in public education; and
206          (d) any other information requested by the Education Interim Committee.
207          Section 8. Section 63G-2-305 is amended to read:
208          63G-2-305. Protected records.
209          The following records are protected if properly classified by a governmental entity:
210          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
211     has provided the governmental entity with the information specified in Section 63G-2-309;

212          (2) commercial information or nonindividual financial information obtained from a
213     person if:
214          (a) disclosure of the information could reasonably be expected to result in unfair
215     competitive injury to the person submitting the information or would impair the ability of the
216     governmental entity to obtain necessary information in the future;
217          (b) the person submitting the information has a greater interest in prohibiting access
218     than the public in obtaining access; and
219          (c) the person submitting the information has provided the governmental entity with
220     the information specified in Section 63G-2-309;
221          (3) commercial or financial information acquired or prepared by a governmental entity
222     to the extent that disclosure would lead to financial speculations in currencies, securities, or
223     commodities that will interfere with a planned transaction by the governmental entity or cause
224     substantial financial injury to the governmental entity or state economy;
225          (4) records, the disclosure of which could cause commercial injury to, or confer a
226     competitive advantage upon a potential or actual competitor of, a commercial project entity as
227     defined in Subsection 11-13-103(4);
228          (5) test questions and answers to be used in future license, certification, registration,
229     employment, or academic examinations;
230          (6) records, the disclosure of which would impair governmental procurement
231     proceedings or give an unfair advantage to any person proposing to enter into a contract or
232     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
233     Subsection (6) does not restrict the right of a person to have access to, after the contract or
234     grant has been awarded and signed by all parties:
235          (a) a bid, proposal, application, or other information submitted to or by a governmental
236     entity in response to:
237          (i) an invitation for bids;
238          (ii) a request for proposals;
239          (iii) a request for quotes;
240          (iv) a grant; or
241          (v) other similar document; or
242          (b) an unsolicited proposal, as defined in Section 63G-6a-712;

243          (7) information submitted to or by a governmental entity in response to a request for
244     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
245     the right of a person to have access to the information, after:
246          (a) a contract directly relating to the subject of the request for information has been
247     awarded and signed by all parties; or
248          (b) (i) a final determination is made not to enter into a contract that relates to the
249     subject of the request for information; and
250          (ii) at least two years have passed after the day on which the request for information is
251     issued;
252          (8) records that would identify real property or the appraisal or estimated value of real
253     or personal property, including intellectual property, under consideration for public acquisition
254     before any rights to the property are acquired unless:
255          (a) public interest in obtaining access to the information is greater than or equal to the
256     governmental entity's need to acquire the property on the best terms possible;
257          (b) the information has already been disclosed to persons not employed by or under a
258     duty of confidentiality to the entity;
259          (c) in the case of records that would identify property, potential sellers of the described
260     property have already learned of the governmental entity's plans to acquire the property;
261          (d) in the case of records that would identify the appraisal or estimated value of
262     property, the potential sellers have already learned of the governmental entity's estimated value
263     of the property; or
264          (e) the property under consideration for public acquisition is a single family residence
265     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
266     the property as required under Section 78B-6-505;
267          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
268     compensated transaction of real or personal property including intellectual property, which, if
269     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
270     of the subject property, unless:
271          (a) the public interest in access is greater than or equal to the interests in restricting
272     access, including the governmental entity's interest in maximizing the financial benefit of the
273     transaction; or

274          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
275     the value of the subject property have already been disclosed to persons not employed by or
276     under a duty of confidentiality to the entity;
277          (10) records created or maintained for civil, criminal, or administrative enforcement
278     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
279     release of the records:
280          (a) reasonably could be expected to interfere with investigations undertaken for
281     enforcement, discipline, licensing, certification, or registration purposes;
282          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
283     proceedings;
284          (c) would create a danger of depriving a person of a right to a fair trial or impartial
285     hearing;
286          (d) reasonably could be expected to disclose the identity of a source who is not
287     generally known outside of government and, in the case of a record compiled in the course of
288     an investigation, disclose information furnished by a source not generally known outside of
289     government if disclosure would compromise the source; or
290          (e) reasonably could be expected to disclose investigative or audit techniques,
291     procedures, policies, or orders not generally known outside of government if disclosure would
292     interfere with enforcement or audit efforts;
293          (11) records the disclosure of which would jeopardize the life or safety of an
294     individual;
295          (12) records the disclosure of which would jeopardize the security of governmental
296     property, governmental programs, or governmental recordkeeping systems from damage, theft,
297     or other appropriation or use contrary to law or public policy;
298          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
299     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
300     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
301          (14) records that, if disclosed, would reveal recommendations made to the Board of
302     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
303     Board of Pardons and Parole, or the Department of Human Services that are based on the
304     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's

305     jurisdiction;
306          (15) records and audit workpapers that identify audit, collection, and operational
307     procedures and methods used by the State Tax Commission, if disclosure would interfere with
308     audits or collections;
309          (16) records of a governmental audit agency relating to an ongoing or planned audit
310     until the final audit is released;
311          (17) records that are subject to the attorney client privilege;
312          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
313     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
314     quasi-judicial, or administrative proceeding;
315          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
316     from a member of the Legislature; and
317          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
318     legislative action or policy may not be classified as protected under this section; and
319          (b) (i) an internal communication that is part of the deliberative process in connection
320     with the preparation of legislation between:
321          (A) members of a legislative body;
322          (B) a member of a legislative body and a member of the legislative body's staff; or
323          (C) members of a legislative body's staff; and
324          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
325     legislative action or policy may not be classified as protected under this section;
326          (20) (a) records in the custody or control of the Office of Legislative Research and
327     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
328     legislation or contemplated course of action before the legislator has elected to support the
329     legislation or course of action, or made the legislation or course of action public; and
330          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
331     Office of Legislative Research and General Counsel is a public document unless a legislator
332     asks that the records requesting the legislation be maintained as protected records until such
333     time as the legislator elects to make the legislation or course of action public;
334          (21) research requests from legislators to the Office of Legislative Research and
335     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared

336     in response to these requests;
337          (22) drafts, unless otherwise classified as public;
338          (23) records concerning a governmental entity's strategy about:
339          (a) collective bargaining; or
340          (b) imminent or pending litigation;
341          (24) records of investigations of loss occurrences and analyses of loss occurrences that
342     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
343     Uninsured Employers' Fund, or similar divisions in other governmental entities;
344          (25) records, other than personnel evaluations, that contain a personal recommendation
345     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
346     personal privacy, or disclosure is not in the public interest;
347          (26) records that reveal the location of historic, prehistoric, paleontological, or
348     biological resources that if known would jeopardize the security of those resources or of
349     valuable historic, scientific, educational, or cultural information;
350          (27) records of independent state agencies if the disclosure of the records would
351     conflict with the fiduciary obligations of the agency;
352          (28) records of an institution within the state system of higher education defined in
353     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
354     retention decisions, and promotions, which could be properly discussed in a meeting closed in
355     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
356     the final decisions about tenure, appointments, retention, promotions, or those students
357     admitted, may not be classified as protected under this section;
358          (29) records of the governor's office, including budget recommendations, legislative
359     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
360     policies or contemplated courses of action before the governor has implemented or rejected
361     those policies or courses of action or made them public;
362          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
363     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
364     recommendations in these areas;
365          (31) records provided by the United States or by a government entity outside the state
366     that are given to the governmental entity with a requirement that they be managed as protected

367     records if the providing entity certifies that the record would not be subject to public disclosure
368     if retained by it;
369          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
370     public body except as provided in Section 52-4-206;
371          (33) records that would reveal the contents of settlement negotiations but not including
372     final settlements or empirical data to the extent that they are not otherwise exempt from
373     disclosure;
374          (34) memoranda prepared by staff and used in the decision-making process by an
375     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
376     other body charged by law with performing a quasi-judicial function;
377          (35) records that would reveal negotiations regarding assistance or incentives offered
378     by or requested from a governmental entity for the purpose of encouraging a person to expand
379     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
380     person or place the governmental entity at a competitive disadvantage, but this section may not
381     be used to restrict access to a record evidencing a final contract;
382          (36) materials to which access must be limited for purposes of securing or maintaining
383     the governmental entity's proprietary protection of intellectual property rights including patents,
384     copyrights, and trade secrets;
385          (37) the name of a donor or a prospective donor to a governmental entity, including an
386     institution within the state system of higher education defined in Section 53B-1-102, and other
387     information concerning the donation that could reasonably be expected to reveal the identity of
388     the donor, provided that:
389          (a) the donor requests anonymity in writing;
390          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
391     classified protected by the governmental entity under this Subsection (37); and
392          (c) except for an institution within the state system of higher education defined in
393     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
394     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
395     over the donor, a member of the donor's immediate family, or any entity owned or controlled
396     by the donor or the donor's immediate family;
397          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and

398     73-18-13;
399          (39) a notification of workers' compensation insurance coverage described in Section
400     34A-2-205;
401          (40) (a) the following records of an institution within the state system of higher
402     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
403     or received by or on behalf of faculty, staff, employees, or students of the institution:
404          (i) unpublished lecture notes;
405          (ii) unpublished notes, data, and information:
406          (A) relating to research; and
407          (B) of:
408          (I) the institution within the state system of higher education defined in Section
409     53B-1-102; or
410          (II) a sponsor of sponsored research;
411          (iii) unpublished manuscripts;
412          (iv) creative works in process;
413          (v) scholarly correspondence; and
414          (vi) confidential information contained in research proposals;
415          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
416     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
417          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
418          (41) (a) records in the custody or control of the Office of the Legislative Auditor
419     General that would reveal the name of a particular legislator who requests a legislative audit
420     prior to the date that audit is completed and made public; and
421          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
422     Office of the Legislative Auditor General is a public document unless the legislator asks that
423     the records in the custody or control of the Office of the Legislative Auditor General that would
424     reveal the name of a particular legislator who requests a legislative audit be maintained as
425     protected records until the audit is completed and made public;
426          (42) records that provide detail as to the location of an explosive, including a map or
427     other document that indicates the location of:
428          (a) a production facility; or

429          (b) a magazine;
430          (43) information:
431          (a) contained in the statewide database of the Division of Aging and Adult Services
432     created by Section 62A-3-311.1; or
433          (b) received or maintained in relation to the Identity Theft Reporting Information
434     System (IRIS) established under Section 67-5-22;
435          (44) information contained in the Licensing Information System described in Title
436     62A, Chapter 4a, Child and Family Services;
437          (45) information regarding National Guard operations or activities in support of the
438     National Guard's federal mission;
439          (46) records provided by any pawn or secondhand business to a law enforcement
440     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
441     Secondhand Merchandise Transaction Information Act;
442          (47) information regarding food security, risk, and vulnerability assessments performed
443     by the Department of Agriculture and Food;
444          (48) except to the extent that the record is exempt from this chapter pursuant to Section
445     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
446     prepared or maintained by the Division of Emergency Management, and the disclosure of
447     which would jeopardize:
448          (a) the safety of the general public; or
449          (b) the security of:
450          (i) governmental property;
451          (ii) governmental programs; or
452          (iii) the property of a private person who provides the Division of Emergency
453     Management information;
454          (49) records of the Department of Agriculture and Food that provides for the
455     identification, tracing, or control of livestock diseases, including any program established under
456     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
457     of Animal Disease;
458          (50) as provided in Section 26-39-501:
459          (a) information or records held by the Department of Health related to a complaint

460     regarding a child care program or residential child care which the department is unable to
461     substantiate; and
462          (b) information or records related to a complaint received by the Department of Health
463     from an anonymous complainant regarding a child care program or residential child care;
464          (51) unless otherwise classified as public under Section 63G-2-301 and except as
465     provided under Section 41-1a-116, an individual's home address, home telephone number, or
466     personal mobile phone number, if:
467          (a) the individual is required to provide the information in order to comply with a law,
468     ordinance, rule, or order of a government entity; and
469          (b) the subject of the record has a reasonable expectation that this information will be
470     kept confidential due to:
471          (i) the nature of the law, ordinance, rule, or order; and
472          (ii) the individual complying with the law, ordinance, rule, or order;
473          (52) the portion of the following documents that contains a candidate's residential or
474     mailing address, if the candidate provides to the filing officer another address or phone number
475     where the candidate may be contacted:
476          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
477     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
478     20A-9-408.5, 20A-9-502, or 20A-9-601;
479          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
480          (c) a notice of intent to gather signatures for candidacy, described in Section
481     20A-9-408;
482          (53) the name, home address, work addresses, and telephone numbers of an individual
483     that is engaged in, or that provides goods or services for, medical or scientific research that is:
484          (a) conducted within the state system of higher education, as defined in Section
485     53B-1-102; and
486          (b) conducted using animals;
487          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
488     Evaluation Commission concerning an individual commissioner's vote on whether or not to
489     recommend that the voters retain a judge including information disclosed under Subsection
490     78A-12-203(5)(e);

491          (55) information collected and a report prepared by the Judicial Performance
492     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
493     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
494     the information or report;
495          (56) records provided or received by the Public Lands Policy Coordinating Office in
496     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
497          (57) information requested by and provided to the 911 Division under Section
498     63H-7a-302;
499          (58) in accordance with Section 73-10-33:
500          (a) a management plan for a water conveyance facility in the possession of the Division
501     of Water Resources or the Board of Water Resources; or
502          (b) an outline of an emergency response plan in possession of the state or a county or
503     municipality;
504          (59) the following records in the custody or control of the Office of Inspector General
505     of Medicaid Services, created in Section 63A-13-201:
506          (a) records that would disclose information relating to allegations of personal
507     misconduct, gross mismanagement, or illegal activity of a person if the information or
508     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
509     through other documents or evidence, and the records relating to the allegation are not relied
510     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
511     report or final audit report;
512          (b) records and audit workpapers to the extent they would disclose the identity of a
513     person who, during the course of an investigation or audit, communicated the existence of any
514     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
515     regulation adopted under the laws of this state, a political subdivision of the state, or any
516     recognized entity of the United States, if the information was disclosed on the condition that
517     the identity of the person be protected;
518          (c) before the time that an investigation or audit is completed and the final
519     investigation or final audit report is released, records or drafts circulated to a person who is not
520     an employee or head of a governmental entity for the person's response or information;
521          (d) records that would disclose an outline or part of any investigation, audit survey

522     plan, or audit program; or
523          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
524     investigation or audit;
525          (60) records that reveal methods used by the Office of Inspector General of Medicaid
526     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
527     abuse;
528          (61) information provided to the Department of Health or the Division of Occupational
529     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
530     58-68-304(3) and (4);
531          (62) a record described in Section 63G-12-210;
532          (63) captured plate data that is obtained through an automatic license plate reader
533     system used by a governmental entity as authorized in Section 41-6a-2003;
534          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
535     victim, including:
536          (a) a victim's application or request for benefits;
537          (b) a victim's receipt or denial of benefits; and
538          (c) any administrative notes or records made or created for the purpose of, or used to,
539     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
540     Reparations Fund;
541          (65) an audio or video recording created by a body-worn camera, as that term is
542     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
543     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
544     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
545     that term is defined in Section 62A-2-101, except for recordings that:
546          (a) depict the commission of an alleged crime;
547          (b) record any encounter between a law enforcement officer and a person that results in
548     death or bodily injury, or includes an instance when an officer fires a weapon;
549          (c) record any encounter that is the subject of a complaint or a legal proceeding against
550     a law enforcement officer or law enforcement agency;
551          (d) contain an officer involved critical incident as defined in Subsection
552     76-2-408(1)(f); or

553          (e) have been requested for reclassification as a public record by a subject or
554     authorized agent of a subject featured in the recording;
555          (66) a record pertaining to the search process for a president of an institution of higher
556     education described in Section 53B-2-102, except for application materials for a publicly
557     announced finalist;
558          (67) an audio recording that is:
559          (a) produced by an audio recording device that is used in conjunction with a device or
560     piece of equipment designed or intended for resuscitating an individual or for treating an
561     individual with a life-threatening condition;
562          (b) produced during an emergency event when an individual employed to provide law
563     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
564          (i) is responding to an individual needing resuscitation or with a life-threatening
565     condition; and
566          (ii) uses a device or piece of equipment designed or intended for resuscitating an
567     individual or for treating an individual with a life-threatening condition; and
568          (c) intended and used for purposes of training emergency responders how to improve
569     their response to an emergency situation;
570          (68) records submitted by or prepared in relation to an applicant seeking a
571     recommendation by the Research and General Counsel Subcommittee, the Budget
572     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
573     employment position with the Legislature;
574          (69) work papers as defined in Section 31A-2-204;
575          (70) a record made available to Adult Protective Services or a law enforcement agency
576     under Section 61-1-206;
577          (71) a record submitted to the Insurance Department in accordance with Section
578     31A-37-201;
579          (72) a record described in Section 31A-37-503;
580          (73) any record created by the Division of Occupational and Professional Licensing as
581     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
582          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
583     involving an amusement ride;

584          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
585     on a political petition, or on a request to withdraw a signature from a political petition,
586     including a petition or request described in the following titles:
587          (a) Title 10, Utah Municipal Code;
588          (b) Title 17, Counties;
589          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
590          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
591          (e) Title 20A, Election Code;
592          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
593     a voter registration record;
594          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
595     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
596     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
597          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
598     5, Victims Guidelines for Prosecutors Act;
599          (79) a record submitted to the Insurance Department under Subsection
600     31A-48-103(1)(b);
601          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
602     prohibited under Section 63G-26-103;
603          (81) (a) an image taken of an individual during the process of booking the individual
604     into jail, unless:
605          (i) the individual is convicted of a criminal offense based upon the conduct for which
606     the individual was incarcerated at the time the image was taken;
607          (ii) a law enforcement agency releases or disseminates the image after determining
608     that:
609          (A) the individual is a fugitive or an imminent threat to an individual or to public
610     safety; and
611          (B) releasing or disseminating the image will assist in apprehending the individual or
612     reducing or eliminating the threat; or
613          (iii) a judge orders the release or dissemination of the image based on a finding that the
614     release or dissemination is in furtherance of a legitimate law enforcement interest[.];

615          (82) a record:
616          (a) concerning an interstate claim to the use of waters in the Colorado River system;
617          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
618     representative from another state or the federal government as provided in Section
619     63M-14-205; and
620          (c) the disclosure of which would:
621          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
622     Colorado River system;
623          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
624     negotiate the best terms and conditions regarding the use of water in the Colorado River
625     system; or
626          (iii) give an advantage to another state or to the federal government in negotiations
627     regarding the use of water in the Colorado River system; [and]
628          (83) any part of an application described in Section 63N-16-201 that the Governor's
629     Office of Economic Opportunity determines is nonpublic, confidential information that if
630     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
631     not be used to restrict access to a record evidencing a final contract or approval decision[.]; and
632          (84) a record generated in the facilitation of a resolution of a complaint in accordance
633     with Section 53E-10-803.