Representative A. Cory Maloy proposes the following substitute bill:


1     
DIVISION OF CONSUMER PROTECTION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill enacts and repeals provisions related to consumer complaints to the Division
10     of Consumer Protection (division).
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that consumer complaints are protected records under the Government
14     Records Access and Management Act (GRAMA);
15          ▸     requires the division to reclassify consumer complaints as public under GRAMA
16     under certain circumstances;
17          ▸     grants the division rulemaking authority;
18          ▸     repeals provisions related to consumer complaints;
19          ▸     defines terms; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          13-2-1 (Superseded 05/02/24), as last amended by Laws of Utah 2023, Chapters 31,
28     36, 377, 458, 477, 498, and 509
29          13-2-1 (Effective 05/02/24), as last amended by Laws of Utah 2023, Chapters 31, 36,
30     377, 458, 477, 498, 509, and 536
31          13-11-7, as last amended by Laws of Utah 1987, Chapter 92
32          63G-2-305, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
33     ENACTS:
34          13-2-11, Utah Code Annotated 1953
35     REPEALS:
36          13-15-401, as enacted by Laws of Utah 2022, Chapter 243
37          13-26-12, as last amended by Laws of Utah 2022, Chapter 324
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 13-2-1 (Superseded 05/02/24) is amended to read:
41          13-2-1 (Superseded 05/02/24). Consumer protection division established --
42     Functions.
43          (1) There is established within the Department of Commerce the Division of Consumer
44     Protection.
45          (2) The division shall administer and enforce the following:
46          (a) Chapter 10a, Music Licensing Practices Act;
47          (b) Chapter 11, Utah Consumer Sales Practices Act;
48          (c) Chapter 15, Business Opportunity Disclosure Act;
49          (d) Chapter 20, New Motor Vehicle Warranties Act;
50          (e) Chapter 21, Credit Services Organizations Act;
51          (f) Chapter 22, Charitable Solicitations Act;
52          (g) Chapter 23, Health Spa Services Protection Act;
53          (h) Chapter 25a, Telephone and Facsimile Solicitation Act;
54          (i) Chapter 26, Telephone Fraud Prevention Act;
55          (j) Chapter 28, Prize Notices Regulation Act;
56          (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter

57     Transaction Information Act;
58          (l) Chapter 34, Utah Postsecondary School and State Authorization Act;
59          (m) Chapter 41, Price Controls During Emergencies Act;
60          (n) Chapter 42, Uniform Debt-Management Services Act;
61          (o) Chapter 49, Immigration Consultants Registration Act;
62          (p) Chapter 51, Transportation Network Company Registration Act;
63          (q) Chapter 52, Residential Solar Energy Disclosure Act;
64          (r) Chapter 53, Residential, Vocational and Life Skills Program Act;
65          (s) Chapter 54, Ticket Website Sales Act;
66          (t) Chapter 56, Ticket Transferability Act;
67          (u) Chapter 57, Maintenance Funding Practices Act;
68          (v) Chapter 61, Utah Consumer Privacy Act;
69          (w) Chapter 63, Utah Social Media Regulation Act;
70          (x) Chapter 64, Vehicle Value Protection Agreement Act;
71          (y) Chapter 65, Utah Commercial Email Act; and
72          (z) Chapter 67, Online Dating Safety Act.
73          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
74     division may make rules to establish:
75          (a) a public list that identifies a person who:
76          (i) violates a chapter described in Subsection (2);
77          (ii) without proper legal justification, fails to comply with an order, subpoena,
78     judgment, or other legal process issued by:
79          (A) the division; or
80          (B) a court of competent jurisdiction; or
81          (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance,
82     or similar instrument signed by the person and the division; and
83          (b) a process by which a person may be removed from the list the division establishes
84     as described in Subsection (3)(a).
85          Section 2. Section 13-2-1 (Effective 05/02/24) is amended to read:
86          13-2-1 (Effective 05/02/24). Consumer protection division established --
87     Functions.

88          (1) There is established within the Department of Commerce the Division of Consumer
89     Protection.
90          (2) The division shall administer and enforce the following:
91          (a) Chapter 10a, Music Licensing Practices Act;
92          (b) Chapter 11, Utah Consumer Sales Practices Act;
93          (c) Chapter 15, Business Opportunity Disclosure Act;
94          (d) Chapter 20, New Motor Vehicle Warranties Act;
95          (e) Chapter 21, Credit Services Organizations Act;
96          (f) Chapter 22, Charitable Solicitations Act;
97          (g) Chapter 23, Health Spa Services Protection Act;
98          (h) Chapter 25a, Telephone and Facsimile Solicitation Act;
99          (i) Chapter 26, Telephone Fraud Prevention Act;
100          (j) Chapter 28, Prize Notices Regulation Act;
101          (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
102     Transaction Information Act;
103          (l) Chapter 34, Utah Postsecondary School and State Authorization Act;
104          (m) Chapter 41, Price Controls During Emergencies Act;
105          (n) Chapter 42, Uniform Debt-Management Services Act;
106          (o) Chapter 49, Immigration Consultants Registration Act;
107          (p) Chapter 51, Transportation Network Company Registration Act;
108          (q) Chapter 52, Residential Solar Energy Disclosure Act;
109          (r) Chapter 53, Residential, Vocational and Life Skills Program Act;
110          (s) Chapter 54, Ticket Website Sales Act;
111          (t) Chapter 56, Ticket Transferability Act;
112          (u) Chapter 57, Maintenance Funding Practices Act;
113          (v) Chapter 61, Utah Consumer Privacy Act;
114          (w) Chapter 63, Utah Social Media Regulation Act;
115          (x) Chapter 64, Vehicle Value Protection Agreement Act;
116          (y) Chapter 65, Utah Commercial Email Act;
117          (z) Chapter 67, Online Dating Safety Act; and
118          (aa) Chapter 68, Lawyer Referral Consultants Registration Act.

119          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
120     division may make rules to establish:
121          (a) a public list that identifies a person who:
122          (i) violates a chapter described in Subsection (2);
123          (ii) without proper legal justification, fails to comply with an order, subpoena,
124     judgment, or other legal process issued by:
125          (A) the division; or
126          (B) a court of competent jurisdiction; or
127          (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance,
128     or similar instrument signed by the person and the division; and
129          (b) a process by which a person may be removed from the list the division establishes
130     as described in Subsection (3)(a).
131          Section 3. Section 13-2-11 is enacted to read:
132          13-2-11. Publication of consumer complaints.
133          (1) As used in this section:
134          (a) "Consumer complaint" means a complaint that:
135          (i) is provided to the division;
136          (ii) alleges facts relating to conduct that the division regulates under Section 13-2-1;
137     and
138          (iii) may contain:
139          (A) information that identifies a respondent; and
140          (B) a narrative description of and information relevant to the conduct described in
141     Subsection (1)(a)(ii).
142          (b) "Consumer narrative" means the narrative description contained in a consumer
143     complaint as described in Subsection (1)(a)(iii)(B).
144          (c) "Filer" means a person who files a consumer complaint.
145          (d) "Respondent" means a person against whom a filer files a consumer complaint.
146          (2) (a) A consumer complaint is a protected record as provided in Subsection
147     63G-2-305(88).
148          (b) In carrying out the division's duties, the division may not publicly disclose the
149     identity of a person the division investigates unless:

150          (i) the person's identity becomes a matter of public record in an enforcement
151     proceeding; or
152          (ii) the person consents to public disclosure.
153          (3) Notwithstanding Subsection (2):
154          (a) the division may reclassify a consumer complaint as public if:
155          (i) (A) the consumer complaint is one of at least 10 consumer complaints filed with the
156     division against the same person, alleging the same or similar conduct, and during the
157     12-month period immediately preceding the day on which the filer files the consumer
158     complaint;
159          (B) the consumer complaint does not contain information that an agreement with
160     another state or federal agency or a condition of participation in an investigation or litigation
161     requires the division keep confidential;
162          (C) the consumer complaint is not classified as controlled, private, or protected as
163     described in Sections 63G-2-302 through 63G-2-305, for a reason other than that identified by
164     Subsection 63G-2-305(88); and
165          (D) access to the record is not restricted as described by Subsection 63G-2-201(3)(b);
166     or
167          (ii) the division takes public enforcement action against a respondent as a result of the
168     consumer complaint; and
169          (b) the division may disclose a consumer complaint to the respondent.
170          (4) In determining the number of complaints against the same person in accordance
171     with Subsection (3)(a)(i)(A), the division may consider consumer complaints that are filed
172     against multiple entities under common ownership as consumer complaints against the same
173     person.
174          (5) A respondent's initial, written response to a consumer complaint that is public
175     under Subsection (3) is a public record.
176          (6) Before making a consumer complaint that is reclassified as public under Subsection
177     (3), or a response described in Subsection (5), available to the public, the division:
178          (a) shall redact from the consumer complaint or the response any information that
179     would disclose:
180          (i) the filer's:

181          (A) address;
182          (B) social security number;
183          (C) bank account information;
184          (D) email address; or
185          (E) telephone number; or
186          (ii) information similar in nature to the information described in Subsection (6)(a)(i);
187     and
188          (b) may redact the filer's name and any other information that could, in the division's
189     judgment, disclose the filer's identity.
190          (7) If the division discloses the consumer complaint to the respondent as described in
191     Subsection (3)(b), the division may redact the filer's:
192          (a) bank account information;
193          (b) social security number;
194          (c) name and any other information that could, in the division's judgment, disclose the
195     filer's identity, if the filer requests anonymity; and
196          (d) other information the disclosure of which constitutes a clearly unwarranted
197     invasion of personal privacy.
198          Section 4. Section 13-11-7 is amended to read:
199          13-11-7. Duties of enforcing authority -- Confidentiality of identity of persons
200     investigated -- Civil penalty for violation of restraining or injunctive orders.
201          (1) The enforcing authority shall:
202          (a) enforce this chapter throughout the state;
203          (b) cooperate with state and local officials, officials of other states, and officials of the
204     federal government in the administration of comparable statutes;
205          (c) inform consumers and suppliers on a continuing basis of the provisions of this
206     chapter and of acts or practices that violate this chapter [including mailing information
207     concerning final judgments to persons who request it, for which he may charge a reasonable fee
208     to cover the expense];
209          (d) receive and act on complaints; and
210          (e) maintain a public file of final judgments rendered under this chapter that have been
211     either reported officially or made available for public dissemination under Subsection (1)(c),

212     final consent judgments, and to the extent the enforcing authority considers appropriate,
213     assurances of voluntary compliance.
214          [(2) In carrying out his duties, the enforcing authority may not publicly disclose the
215     identity of a person investigated unless his identity has become a matter of public record in an
216     enforcement proceeding or he has consented to public disclosure.]
217          [(3)] (2) On motion of the enforcing authority, or on its own motion, the court may
218     impose a civil penalty of not more than $5,000 for each day a temporary restraining order,
219     preliminary injunction, or permanent injunction issued under this chapter is violated, if the
220     supplier received notice of the restraining or injunctive order. Civil penalties imposed under
221     this section shall be paid to the General Fund.
222          Section 5. Section 63G-2-305 is amended to read:
223          63G-2-305. Protected records.
224          The following records are protected if properly classified by a governmental entity:
225          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
226     has provided the governmental entity with the information specified in Section 63G-2-309;
227          (2) commercial information or nonindividual financial information obtained from a
228     person if:
229          (a) disclosure of the information could reasonably be expected to result in unfair
230     competitive injury to the person submitting the information or would impair the ability of the
231     governmental entity to obtain necessary information in the future;
232          (b) the person submitting the information has a greater interest in prohibiting access
233     than the public in obtaining access; and
234          (c) the person submitting the information has provided the governmental entity with
235     the information specified in Section 63G-2-309;
236          (3) commercial or financial information acquired or prepared by a governmental entity
237     to the extent that disclosure would lead to financial speculations in currencies, securities, or
238     commodities that will interfere with a planned transaction by the governmental entity or cause
239     substantial financial injury to the governmental entity or state economy;
240          (4) records, the disclosure of which could cause commercial injury to, or confer a
241     competitive advantage upon a potential or actual competitor of, a commercial project entity as
242     defined in Subsection 11-13-103(4);

243          (5) test questions and answers to be used in future license, certification, registration,
244     employment, or academic examinations;
245          (6) records, the disclosure of which would impair governmental procurement
246     proceedings or give an unfair advantage to any person proposing to enter into a contract or
247     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
248     Subsection (6) does not restrict the right of a person to have access to, after the contract or
249     grant has been awarded and signed by all parties:
250          (a) a bid, proposal, application, or other information submitted to or by a governmental
251     entity in response to:
252          (i) an invitation for bids;
253          (ii) a request for proposals;
254          (iii) a request for quotes;
255          (iv) a grant; or
256          (v) other similar document; or
257          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
258          (7) information submitted to or by a governmental entity in response to a request for
259     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
260     the right of a person to have access to the information, after:
261          (a) a contract directly relating to the subject of the request for information has been
262     awarded and signed by all parties; or
263          (b) (i) a final determination is made not to enter into a contract that relates to the
264     subject of the request for information; and
265          (ii) at least two years have passed after the day on which the request for information is
266     issued;
267          (8) records that would identify real property or the appraisal or estimated value of real
268     or personal property, including intellectual property, under consideration for public acquisition
269     before any rights to the property are acquired unless:
270          (a) public interest in obtaining access to the information is greater than or equal to the
271     governmental entity's need to acquire the property on the best terms possible;
272          (b) the information has already been disclosed to persons not employed by or under a
273     duty of confidentiality to the entity;

274          (c) in the case of records that would identify property, potential sellers of the described
275     property have already learned of the governmental entity's plans to acquire the property;
276          (d) in the case of records that would identify the appraisal or estimated value of
277     property, the potential sellers have already learned of the governmental entity's estimated value
278     of the property; or
279          (e) the property under consideration for public acquisition is a single family residence
280     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
281     the property as required under Section 78B-6-505;
282          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
283     compensated transaction of real or personal property including intellectual property, which, if
284     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
285     of the subject property, unless:
286          (a) the public interest in access is greater than or equal to the interests in restricting
287     access, including the governmental entity's interest in maximizing the financial benefit of the
288     transaction; or
289          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
290     the value of the subject property have already been disclosed to persons not employed by or
291     under a duty of confidentiality to the entity;
292          (10) records created or maintained for civil, criminal, or administrative enforcement
293     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
294     release of the records:
295          (a) reasonably could be expected to interfere with investigations undertaken for
296     enforcement, discipline, licensing, certification, or registration purposes;
297          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
298     proceedings;
299          (c) would create a danger of depriving a person of a right to a fair trial or impartial
300     hearing;
301          (d) reasonably could be expected to disclose the identity of a source who is not
302     generally known outside of government and, in the case of a record compiled in the course of
303     an investigation, disclose information furnished by a source not generally known outside of
304     government if disclosure would compromise the source; or

305          (e) reasonably could be expected to disclose investigative or audit techniques,
306     procedures, policies, or orders not generally known outside of government if disclosure would
307     interfere with enforcement or audit efforts;
308          (11) records the disclosure of which would jeopardize the life or safety of an
309     individual;
310          (12) records the disclosure of which would jeopardize the security of governmental
311     property, governmental programs, or governmental recordkeeping systems from damage, theft,
312     or other appropriation or use contrary to law or public policy;
313          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
314     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
315     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
316          (14) records that, if disclosed, would reveal recommendations made to the Board of
317     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
318     Board of Pardons and Parole, or the Department of Health and Human Services that are based
319     on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
320     board's jurisdiction;
321          (15) records and audit workpapers that identify audit, collection, and operational
322     procedures and methods used by the State Tax Commission, if disclosure would interfere with
323     audits or collections;
324          (16) records of a governmental audit agency relating to an ongoing or planned audit
325     until the final audit is released;
326          (17) records that are subject to the attorney client privilege;
327          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
328     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
329     quasi-judicial, or administrative proceeding;
330          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
331     from a member of the Legislature; and
332          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
333     legislative action or policy may not be classified as protected under this section; and
334          (b) (i) an internal communication that is part of the deliberative process in connection
335     with the preparation of legislation between:

336          (A) members of a legislative body;
337          (B) a member of a legislative body and a member of the legislative body's staff; or
338          (C) members of a legislative body's staff; and
339          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
340     legislative action or policy may not be classified as protected under this section;
341          (20) (a) records in the custody or control of the Office of Legislative Research and
342     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
343     legislation or contemplated course of action before the legislator has elected to support the
344     legislation or course of action, or made the legislation or course of action public; and
345          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
346     Office of Legislative Research and General Counsel is a public document unless a legislator
347     asks that the records requesting the legislation be maintained as protected records until such
348     time as the legislator elects to make the legislation or course of action public;
349          (21) research requests from legislators to the Office of Legislative Research and
350     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
351     in response to these requests;
352          (22) drafts, unless otherwise classified as public;
353          (23) records concerning a governmental entity's strategy about:
354          (a) collective bargaining; or
355          (b) imminent or pending litigation;
356          (24) records of investigations of loss occurrences and analyses of loss occurrences that
357     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
358     Uninsured Employers' Fund, or similar divisions in other governmental entities;
359          (25) records, other than personnel evaluations, that contain a personal recommendation
360     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
361     personal privacy, or disclosure is not in the public interest;
362          (26) records that reveal the location of historic, prehistoric, paleontological, or
363     biological resources that if known would jeopardize the security of those resources or of
364     valuable historic, scientific, educational, or cultural information;
365          (27) records of independent state agencies if the disclosure of the records would
366     conflict with the fiduciary obligations of the agency;

367          (28) records of an institution within the state system of higher education defined in
368     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
369     retention decisions, and promotions, which could be properly discussed in a meeting closed in
370     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
371     the final decisions about tenure, appointments, retention, promotions, or those students
372     admitted, may not be classified as protected under this section;
373          (29) records of the governor's office, including budget recommendations, legislative
374     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
375     policies or contemplated courses of action before the governor has implemented or rejected
376     those policies or courses of action or made them public;
377          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
378     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
379     recommendations in these areas;
380          (31) records provided by the United States or by a government entity outside the state
381     that are given to the governmental entity with a requirement that they be managed as protected
382     records if the providing entity certifies that the record would not be subject to public disclosure
383     if retained by it;
384          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
385     public body except as provided in Section 52-4-206;
386          (33) records that would reveal the contents of settlement negotiations but not including
387     final settlements or empirical data to the extent that they are not otherwise exempt from
388     disclosure;
389          (34) memoranda prepared by staff and used in the decision-making process by an
390     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
391     other body charged by law with performing a quasi-judicial function;
392          (35) records that would reveal negotiations regarding assistance or incentives offered
393     by or requested from a governmental entity for the purpose of encouraging a person to expand
394     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
395     person or place the governmental entity at a competitive disadvantage, but this section may not
396     be used to restrict access to a record evidencing a final contract;
397          (36) materials to which access must be limited for purposes of securing or maintaining

398     the governmental entity's proprietary protection of intellectual property rights including patents,
399     copyrights, and trade secrets;
400          (37) the name of a donor or a prospective donor to a governmental entity, including an
401     institution within the state system of higher education defined in Section 53B-1-102, and other
402     information concerning the donation that could reasonably be expected to reveal the identity of
403     the donor, provided that:
404          (a) the donor requests anonymity in writing;
405          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
406     classified protected by the governmental entity under this Subsection (37); and
407          (c) except for an institution within the state system of higher education defined in
408     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
409     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
410     over the donor, a member of the donor's immediate family, or any entity owned or controlled
411     by the donor or the donor's immediate family;
412          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
413     73-18-13;
414          (39) a notification of workers' compensation insurance coverage described in Section
415     34A-2-205;
416          (40) (a) the following records of an institution within the state system of higher
417     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
418     or received by or on behalf of faculty, staff, employees, or students of the institution:
419          (i) unpublished lecture notes;
420          (ii) unpublished notes, data, and information:
421          (A) relating to research; and
422          (B) of:
423          (I) the institution within the state system of higher education defined in Section
424     53B-1-102; or
425          (II) a sponsor of sponsored research;
426          (iii) unpublished manuscripts;
427          (iv) creative works in process;
428          (v) scholarly correspondence; and

429          (vi) confidential information contained in research proposals;
430          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
431     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
432          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
433          (41) (a) records in the custody or control of the Office of the Legislative Auditor
434     General that would reveal the name of a particular legislator who requests a legislative audit
435     prior to the date that audit is completed and made public; and
436          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
437     Office of the Legislative Auditor General is a public document unless the legislator asks that
438     the records in the custody or control of the Office of the Legislative Auditor General that would
439     reveal the name of a particular legislator who requests a legislative audit be maintained as
440     protected records until the audit is completed and made public;
441          (42) records that provide detail as to the location of an explosive, including a map or
442     other document that indicates the location of:
443          (a) a production facility; or
444          (b) a magazine;
445          (43) information contained in the statewide database of the Division of Aging and
446     Adult Services created by Section 26B-6-210;
447          (44) information contained in the Licensing Information System described in Title 80,
448     Chapter 2, Child Welfare Services;
449          (45) information regarding National Guard operations or activities in support of the
450     National Guard's federal mission;
451          (46) records provided by any pawn or secondhand business to a law enforcement
452     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
453     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
454          (47) information regarding food security, risk, and vulnerability assessments performed
455     by the Department of Agriculture and Food;
456          (48) except to the extent that the record is exempt from this chapter pursuant to Section
457     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
458     prepared or maintained by the Division of Emergency Management, and the disclosure of
459     which would jeopardize:

460          (a) the safety of the general public; or
461          (b) the security of:
462          (i) governmental property;
463          (ii) governmental programs; or
464          (iii) the property of a private person who provides the Division of Emergency
465     Management information;
466          (49) records of the Department of Agriculture and Food that provides for the
467     identification, tracing, or control of livestock diseases, including any program established under
468     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
469     of Animal Disease;
470          (50) as provided in Section 26B-2-408:
471          (a) information or records held by the Department of Health and Human Services
472     related to a complaint regarding a child care program or residential child care which the
473     department is unable to substantiate; and
474          (b) information or records related to a complaint received by the Department of Health
475     and Human Services from an anonymous complainant regarding a child care program or
476     residential child care;
477          (51) unless otherwise classified as public under Section 63G-2-301 and except as
478     provided under Section 41-1a-116, an individual's home address, home telephone number, or
479     personal mobile phone number, if:
480          (a) the individual is required to provide the information in order to comply with a law,
481     ordinance, rule, or order of a government entity; and
482          (b) the subject of the record has a reasonable expectation that this information will be
483     kept confidential due to:
484          (i) the nature of the law, ordinance, rule, or order; and
485          (ii) the individual complying with the law, ordinance, rule, or order;
486          (52) the portion of the following documents that contains a candidate's residential or
487     mailing address, if the candidate provides to the filing officer another address or phone number
488     where the candidate may be contacted:
489          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
490     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,

491     20A-9-408.5, 20A-9-502, or 20A-9-601;
492          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
493          (c) a notice of intent to gather signatures for candidacy, described in Section
494     20A-9-408;
495          (53) the name, home address, work addresses, and telephone numbers of an individual
496     that is engaged in, or that provides goods or services for, medical or scientific research that is:
497          (a) conducted within the state system of higher education, as defined in Section
498     53B-1-102; and
499          (b) conducted using animals;
500          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
501     Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
502     judge meets or exceeds minimum performance standards under Subsection 78A-12-203(4), and
503     information disclosed under Subsection 78A-12-203(5)(e);
504          (55) information collected and a report prepared by the Judicial Performance
505     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
506     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
507     the information or report;
508          (56) records provided or received by the Public Lands Policy Coordinating Office in
509     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
510          (57) information requested by and provided to the 911 Division under Section
511     63H-7a-302;
512          (58) in accordance with Section 73-10-33:
513          (a) a management plan for a water conveyance facility in the possession of the Division
514     of Water Resources or the Board of Water Resources; or
515          (b) an outline of an emergency response plan in possession of the state or a county or
516     municipality;
517          (59) the following records in the custody or control of the Office of Inspector General
518     of Medicaid Services, created in Section 63A-13-201:
519          (a) records that would disclose information relating to allegations of personal
520     misconduct, gross mismanagement, or illegal activity of a person if the information or
521     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services

522     through other documents or evidence, and the records relating to the allegation are not relied
523     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
524     report or final audit report;
525          (b) records and audit workpapers to the extent they would disclose the identity of a
526     person who, during the course of an investigation or audit, communicated the existence of any
527     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
528     regulation adopted under the laws of this state, a political subdivision of the state, or any
529     recognized entity of the United States, if the information was disclosed on the condition that
530     the identity of the person be protected;
531          (c) before the time that an investigation or audit is completed and the final
532     investigation or final audit report is released, records or drafts circulated to a person who is not
533     an employee or head of a governmental entity for the person's response or information;
534          (d) records that would disclose an outline or part of any investigation, audit survey
535     plan, or audit program; or
536          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
537     investigation or audit;
538          (60) records that reveal methods used by the Office of Inspector General of Medicaid
539     Services, the fraud unit, or the Department of Health and Human Services, to discover
540     Medicaid fraud, waste, or abuse;
541          (61) information provided to the Department of Health and Human Services or the
542     Division of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
543     58-68-304(3) and (4);
544          (62) a record described in Section 63G-12-210;
545          (63) captured plate data that is obtained through an automatic license plate reader
546     system used by a governmental entity as authorized in Section 41-6a-2003;
547          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
548     victim, including:
549          (a) a victim's application or request for benefits;
550          (b) a victim's receipt or denial of benefits; and
551          (c) any administrative notes or records made or created for the purpose of, or used to,
552     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim

553     Reparations Fund;
554          (65) an audio or video recording created by a body-worn camera, as that term is
555     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
556     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
557     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
558     that term is defined in Section 26B-2-101, except for recordings that:
559          (a) depict the commission of an alleged crime;
560          (b) record any encounter between a law enforcement officer and a person that results in
561     death or bodily injury, or includes an instance when an officer fires a weapon;
562          (c) record any encounter that is the subject of a complaint or a legal proceeding against
563     a law enforcement officer or law enforcement agency;
564          (d) contain an officer involved critical incident as defined in Subsection
565     76-2-408(1)(f); or
566          (e) have been requested for reclassification as a public record by a subject or
567     authorized agent of a subject featured in the recording;
568          (66) a record pertaining to the search process for a president of an institution of higher
569     education described in Section 53B-2-102, except for application materials for a publicly
570     announced finalist;
571          (67) an audio recording that is:
572          (a) produced by an audio recording device that is used in conjunction with a device or
573     piece of equipment designed or intended for resuscitating an individual or for treating an
574     individual with a life-threatening condition;
575          (b) produced during an emergency event when an individual employed to provide law
576     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
577          (i) is responding to an individual needing resuscitation or with a life-threatening
578     condition; and
579          (ii) uses a device or piece of equipment designed or intended for resuscitating an
580     individual or for treating an individual with a life-threatening condition; and
581          (c) intended and used for purposes of training emergency responders how to improve
582     their response to an emergency situation;
583          (68) records submitted by or prepared in relation to an applicant seeking a

584     recommendation by the Research and General Counsel Subcommittee, the Budget
585     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
586     employment position with the Legislature;
587          (69) work papers as defined in Section 31A-2-204;
588          (70) a record made available to Adult Protective Services or a law enforcement agency
589     under Section 61-1-206;
590          (71) a record submitted to the Insurance Department in accordance with Section
591     31A-37-201;
592          (72) a record described in Section 31A-37-503;
593          (73) any record created by the Division of Professional Licensing as a result of
594     Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
595          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
596     involving an amusement ride;
597          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
598     on a political petition, or on a request to withdraw a signature from a political petition,
599     including a petition or request described in the following titles:
600          (a) Title 10, Utah Municipal Code;
601          (b) Title 17, Counties;
602          (c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
603          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
604          (e) Title 20A, Election Code;
605          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
606     a voter registration record;
607          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
608     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
609     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
610          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
611     5, Victims Guidelines for Prosecutors Act;
612          (79) a record submitted to the Insurance Department under Section 31A-48-103;
613          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
614     prohibited under Section 63G-26-103;

615          (81) an image taken of an individual during the process of booking the individual into
616     jail, unless:
617          (a) the individual is convicted of a criminal offense based upon the conduct for which
618     the individual was incarcerated at the time the image was taken;
619          (b) a law enforcement agency releases or disseminates the image:
620          (i) after determining that the individual is a fugitive or an imminent threat to an
621     individual or to public safety and releasing or disseminating the image will assist in
622     apprehending the individual or reducing or eliminating the threat; or
623          (ii) to a potential witness or other individual with direct knowledge of events relevant
624     to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
625     individual in connection with the criminal investigation or criminal proceeding; or
626          (c) a judge orders the release or dissemination of the image based on a finding that the
627     release or dissemination is in furtherance of a legitimate law enforcement interest;
628          (82) a record:
629          (a) concerning an interstate claim to the use of waters in the Colorado River system;
630          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
631     representative from another state or the federal government as provided in Section
632     63M-14-205; and
633          (c) the disclosure of which would:
634          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
635     Colorado River system;
636          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
637     negotiate the best terms and conditions regarding the use of water in the Colorado River
638     system; or
639          (iii) give an advantage to another state or to the federal government in negotiations
640     regarding the use of water in the Colorado River system;
641          (83) any part of an application described in Section 63N-16-201 that the Governor's
642     Office of Economic Opportunity determines is nonpublic, confidential information that if
643     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
644     not be used to restrict access to a record evidencing a final contract or approval decision;
645          (84) the following records of a drinking water or wastewater facility:

646          (a) an engineering or architectural drawing of the drinking water or wastewater facility;
647     and
648          (b) except as provided in Section 63G-2-106, a record detailing tools or processes the
649     drinking water or wastewater facility uses to secure, or prohibit access to, the records described
650     in Subsection (84)(a);
651          (85) a statement that an employee of a governmental entity provides to the
652     governmental entity as part of the governmental entity's personnel or administrative
653     investigation into potential misconduct involving the employee if the governmental entity:
654          (a) requires the statement under threat of employment disciplinary action, including
655     possible termination of employment, for the employee's refusal to provide the statement; and
656          (b) provides the employee assurance that the statement cannot be used against the
657     employee in any criminal proceeding;
658          (86) any part of an application for a Utah Fits All Scholarship account described in
659     Section 53F-6-402 or other information identifying a scholarship student as defined in Section
660     53F-6-401; [and]
661          (87) a record:
662          (a) concerning a claim to the use of waters in the Great Salt Lake;
663          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
664     person concerning the claim, including a representative from another state or the federal
665     government; and
666          (c) the disclosure of which would:
667          (i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
668     Salt Lake;
669          (ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
670     and conditions regarding the use of water in the Great Salt Lake; or
671          (iii) give an advantage to another person including another state or to the federal
672     government in negotiations regarding the use of water in the Great Salt Lake[.]; and
673          (88) a consumer complaint described in Section 13-2-11, unless the consumer
674     complaint is reclassified as public as described in Subsection 13-2-11(4).
675          Section 6. Repealer.
676          This bill repeals:

677          Section 13-15-401, Consumer complaints.
678          Section 13-26-12, Consumer complaints are public.
679          Section 7. Effective date.
680          This bill takes effect on May 1, 2024, with the exception of Section 13-2-1 (Effective
681     05/02/2024) which takes effect on May 2, 2024.