Representative Ryan D. Wilcox proposes the following substitute bill:


1     
PUBLIC SAFETY EMPLOYEE PERSONAL DATA

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ryan D. Wilcox

6     
Senate Sponsor: John D. Johnson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to protection of personal information of certain
11     public safety employees.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates and modifies definitions;
15          ▸     modifies requirements and prohibitions relating to protection of personal
16     information of certain public safety employees; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-18-102, as last amended by Laws of Utah 2019, Chapter 402
25          53-18-103, as last amended by Laws of Utah 2019, Chapter 402
26     REPEALS:
27          53-18-101, as enacted by Laws of Utah 2017, Chapter 266
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53-18-102 is amended to read:
31     
CHAPTER 18. PROTECTION OF PERSONAL INFORMATION OF PUBLIC

32     
SAFETY EMPLOYEES

33          53-18-102. Definitions.
34          As used in this chapter:
35          (1) "Access software provider" means a provider of software, including client or server
36     software, or enabling tools that do any one or more of the following:
37          (a) filter, screen, allow, or disallow content;
38          (b) pick, choose, analyze, or digest content; or
39          (c) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or
40     translate content.
41          (2) "Correctional facility" means the same as that term is defined in Section
42     77-16b-102.
43          (3) "Dispatcher" means the same as that term is defined in Section 53-6-102.
44          [(2)] (4) "Immediate family member" means a [law enforcement officer's] public safety
45     employee's spouse, child, parent, or grandparent who resides with the [officer] public safety
46     employee.
47          [(3)] (5) "Interactive computer service" means the same as that term is defined in
48     Subsection 47 U.S.C. 230(f).
49          [(4)] (6) "Law enforcement officer" or "officer":
50          (a) means the same as that term is defined in Section 53-13-103;
51          (b) includes ["]correctional officers["] as defined in Section 53-13-104; and
52          (c) refers only to officers who are currently employed by, retired from, or were killed in
53     the line of duty while in the employ of a state or local governmental law enforcement agency.
54          [(5)] (7) (a) "Personal information"[: (a) means a law enforcement officer's or law
55     enforcement officer's] means a public safety employee's or a public safety employee's
56     immediate family member's home address, home telephone number, personal mobile telephone
57     number, personal pager number, personal email address, or personal photograph, directions to
58     locate the [law enforcement officer's] public safety employee's home, or photographs of the
59     [law enforcement officer's or the officer's] public safety employee's or the public safety
60     employee's immediate family member's home or vehicle[; and].
61          (b) "Personal information" includes a record or a part of a record that:
62          (i) a [law enforcement officer] public safety employee who qualifies as an at-risk
63     government employee under Section 63G-2-303 requests to be classified as private under
64     Subsection 63G-2-302(1)(h); and
65          (ii) is classified as private under Title 63G, Chapter 2, Government Records Access
66     and Management Act.
67          (8) "Public safety employee" means:
68          (a) a law enforcement officer;
69          (b) a dispatcher; or
70          (c) a current or retired employee or contractor of:
71          (i) a law enforcement agency; or
72          (ii) a correctional facility.
73          [(6)] (9) "Publicly post" or "publicly display" means to intentionally communicate or
74     otherwise make available to the general public.
75          Section 2. Section 53-18-103 is amended to read:
76          53-18-103. Internet posting of personal information of public safety employees --
77     Prohibitions.
78          (1) (a) A state or local governmental agency that [has received] receives the form
79     described in Subsection (1)(b) from a [law enforcement officer] public safety employee may
80     not publicly post on the Internet the personal information of [any law enforcement officer] the
81     public safety employee employed by the state or [any political subdivision] local governmental
82     agency.
83          (b) Each state or local government agency employing [law enforcement officers] a
84     public safety employee shall:
85          (i) provide a form for [an officer] a public safety employee to request the removal or
86     concealment of the [officer's] public safety employee's personal information from the state or
87     local government agencies' publicly accessible websites and databases;
88          (ii) inform the [officer] public safety employee how to submit a form under this
89     section;
90          (iii) upon request, assist [an officer] a public safety employee in completing the form;
91          (iv) include on the form a disclaimer informing the [officer] public safety employee
92     that by submitting a completed form the [officer] public safety employee may not receive
93     official announcements affecting the [officer's] public safety employee's property, including
94     notices about proposed annexations, incorporation, or zoning modifications; and
95          (v) require a form submitted by a [law enforcement officer] public safety employee to
96     be signed by:
97          (A) for a public safety employee who is a law enforcement officer, the highest ranking
98     elected or appointed official in the officer's chain of command certifying that the individual
99     requesting removal or concealment is a law enforcement officer[.]; or
100          (B) for a public safety employee who is not a law enforcement officer, the public safety
101     employee's supervisor.
102          (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a [law
103     enforcement officer] public safety employee, completed and submitted under this section, shall:
104          (a) classify the [law enforcement officer's] public safety employee's voter registration
105     record in the lieutenant governor's statewide voter registration database developed under
106     Section 20A-2-109 as a private record; and
107          (b) classify the [law enforcement officer's] public safety employee's marriage licenses
108     and marriage license applications, if any, as private records.
109          (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
110     described in Subsection (1)(b) from a [law enforcement officer] public safety employee,
111     completed and submitted under this section, shall:
112          (a) provide a method for the assessment roll and index and the tax roll and index that
113     will block public access to the [law enforcement officer's] public safety employee's personal
114     information; and
115          (b) provide to the [law enforcement officer] public safety employee who submits the
116     form a written disclaimer informing the [officer] public safety employee that the [officer]
117     public safety employee may not receive official announcements affecting the [officer's] public
118     safety employee's property, including notices about proposed annexations, incorporations, or
119     zoning modifications.
120          (4) A form submitted under this section remains in effect for the shorter of:
121          (a) four years from the date on which the form was signed by the [officer] public safety
122     employee, regardless of whether the [officer's] public safety employee's qualifying employment
123     is terminated during the four years; or
124          (b) one year after official notice of the [law enforcement officer's] public safety
125     employee's death is transmitted by the [officer's] public safety employee's immediate family or
126     the [officer's] public safety employee's employing agency to all state and local government
127     agencies that are reasonably expected to have records containing personal information of the
128     deceased [officer] public safety employee.
129          (5) Notwithstanding Subsection (4), the [law enforcement officer] public safety
130     employee, or the [officer's] public safety employee's immediate family if the [officer] public
131     safety employee is deceased, may rescind the form at any time.
132          (6) (a) An individual may not, with intent to frighten or harass [a law enforcement
133     officer] a public safety employee, publicly post on the Internet the personal information of [any
134     law enforcement officer] a public safety employee knowing the [person] public safety
135     employee is a [law enforcement officer] public safety employee.
136          [(a)] (b) [A violation of this] Except as provided in Subsection (6)(c), a violation of
137     Subsection (6)(a) is a class B misdemeanor.
138          [(b)] (c) A violation of [this] Subsection (6)(a) that results in bodily injury to the
139     [officer] public safety employee, or a member of the [officer's] public safety employee's
140     immediate family, is a class A misdemeanor.
141          [(c)] (d) (i) Each act against a separate individual in violation of [this] Subsection
142     (6)(a) is a separate offense.
143          (ii) [The] A defendant may also be charged separately with the commission of any
144     other criminal conduct related to the commission of an offense under [this] Subsection (6)(a).
145          (7) (a) A business or association may not publicly post or publicly display on the
146     Internet the personal information of [any law enforcement officer if that officer] a public safety
147     employee if the public safety employee has, either directly or through an agent designated
148     under Subsection (7)(c), provided to that business or association a written demand to not
149     disclose the [officer's] public safety employee's personal information.
150          (b) A written demand made under [this] Subsection (7)(a) by a [law enforcement
151     officer] public safety employee is effective for four years beginning on the day the demand is
152     delivered, regardless of whether [or not the law enforcement officer's] the public safety
153     employee's employment as [an officer] a public safety employee has terminated during the four
154     years.
155          (c) A [law enforcement officer] public safety employee may designate in writing the
156     [officer's] public safety employee's employer or, for a public safety employee who is a law
157     enforcement officer, a representative of [any] a voluntary professional association of law
158     enforcement officers to act on behalf of the officer and as the officer's agent to make a written
159     demand [pursuant to] under this chapter.
160          (d) (i) A business or association that receives a written demand from a [law
161     enforcement officer] public safety employee under Subsection (7)(a) shall remove the
162     [officer's] public safety employee's personal information from public display on the Internet,
163     including the removal of information provided to cellular telephone applications, within 24
164     hours of the delivery of the written demand, and shall ensure that the information is not posted
165     again on the same Internet website or any other Internet website over which the recipient of the
166     written demand maintains or exercises control [over].
167          (ii) After receiving the [law enforcement officer's] public safety employee's written
168     demand, the person, business, or association may not publicly post or publicly display on the
169     Internet, the personal information of the [law enforcement officer] public safety employee.
170          (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
171     Section 54-2-1, or [its] the telephone corporation's affiliate or other voice service provider,
172     including providers of interconnected voice over Internet protocol service as defined in 47
173     C.F.R. 9.3, from transferring the [law enforcement officer's] public safety employee's personal
174     information to any person, business, or association, if the transfer is authorized by federal or
175     state law, regulation, order, terms of service, or tariff, or is necessary in the event of an
176     emergency, or to collect a debt owed by the [officer] public safety employee to the telephone
177     corporation or its affiliate.
178          (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
179     service provider, including providers of interconnected voice over Internet protocol service,
180     with respect to directories or directories listings to the [extend] extent the entity offers a
181     nonpublished listing option.
182          (8) (a) A [law enforcement officer] public safety employee whose personal information
183     is made public as a result of a violation of Subsection (7) may bring an action seeking
184     injunctive or declarative relief in [any] a court of competent jurisdiction.
185          (b) If a court finds that a violation has occurred, [it] the court may grant injunctive or
186     declarative relief and shall award the [law enforcement officer] public safety employee court
187     costs and reasonable attorney fees.
188          (c) If the defendant fails to comply with an order of the court issued under [this]
189     Subsection (8)(b), the court may impose a civil penalty of not more than $1,000 for the
190     defendant's failure to comply with the court's order.
191          (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
192     the personal information of a [law enforcement officer] public safety employee, if:
193          (i) the dissemination of the personal information poses an imminent and serious threat
194     to the [law enforcement officer's] public safety employee's safety or the safety of the [law
195     enforcement officer's] public safety employee's immediate family; and
196          (ii) the person making the information available on the Internet knows or reasonably
197     should know of the imminent and serious threat.
198          (b) (i) [A law enforcement officer] A public safety employee whose personal
199     information is knowingly publicly posted or publicly displayed on the Internet may bring an
200     action in [any] a court of competent jurisdiction.
201          (ii) If a jury or court finds that a defendant has committed a violation of Subsection
202     (9)(a), the jury or court shall award damages to the [officer] public safety employee in the
203     amount of triple the cost of actual damages or $4,000, whichever is greater.
204          (10) An interactive computer service or access software is not liable under Subsections
205     (7)(d)(i) and (9) for information or content provided by another information content provider.
206          (11) Unless a state or local government agency receives a completed form directly from
207     [the law enforcement officer] a public safety employee in accordance with Subsection (1), a
208     state or local government official who makes information available for public inspection in
209     accordance with state law is not in violation of this chapter.
210          Section 3. Repealer.
211          This bill repeals:
212          Section 53-18-101, Title.