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7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to public records.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies a provision allowing an opinion or order made by a governmental entity in
13 an administrative, adjudicative, or judicial proceeding to be withheld under certain
14 circumstances so that the provision does not apply if the individual subject to the
15 proceeding is an elected official.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-2-101.1, as last amended by Laws of Utah 2018, Chapter 223
23 53-5-708, as last amended by Laws of Utah 2023, Chapter 16
24 53-9-115, as last amended by Laws of Utah 2008, Chapter 382
25 63G-2-301, as last amended by Laws of Utah 2020, Chapters 255, 399
26 63G-2-302, as last amended by Laws of Utah 2023, Chapters 329, 471
27 63G-4-106, as enacted by Laws of Utah 2016, Chapter 312
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 20A-2-101.1 is amended to read:
31 20A-2-101.1. Preregistering to vote.
32 (1) An individual may preregister to vote if the individual:
33 (a) is 16 or 17 years [
34 (b) is not eligible to register to vote because the individual does not comply with the
35 age requirements described in Subsection 20A-2-101(1)(c);
36 (c) is a citizen of the United States;
37 (d) has been a resident of Utah for at least 30 days; and
38 (e) currently resides within the voting district or precinct in which the individual
39 preregisters to vote.
40 (2) An individual described in Subsection (1) may not vote in an election and is not
41 registered to vote until:
42 (a) the individual is otherwise eligible to register to vote because the individual
43 complies with the age requirements described in Subsection 20A-2-101(1)(c); and
44 (b) the county clerk registers the individual to vote under Subsection (4).
45 (3) An individual who preregisters to vote shall:
46 (a) complete a voter registration form, including an indication that the individual is
47 preregistering to vote; and
48 (b) submit the voter registration form to a county clerk in person, by mail, or in any
49 other manner authorized by this chapter for the submission of a voter registration form.
50 (4) (a) A county clerk shall:
51 (i) retain the voter registration form of an individual who meets the qualifications for
52 preregistration and who submits a completed voter registration form to the county clerk under
53 Subsection (3)(b);
54 (ii) register the individual to vote in the next election in which the individual will be
55 eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
56 that election; and
57 (iii) send a notice to the individual that:
58 (A) informs the individual that the individual's voter registration form has been
59 accepted as an application for preregistration;
60 (B) informs the individual that the individual will be registered to vote in the next
61 election in which the individual will be eligible to vote; and
62 (C) indicates in which election the individual will be registered to vote.
63 (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
64 considered to have applied for voter registration on the earlier of:
65 (i) the day of the voter registration deadline immediately preceding the election day on
66 which the individual will be at least 18 years [
67 (ii) the day on which the individual turns 18 years [
68 (c) A county clerk shall refer a voter registration form to the county attorney for
69 investigation and possible prosecution if the clerk or the clerk's designee believes the
70 individual is attempting to preregister to vote in an election in which the individual will not be
71 legally entitled to vote.
72 (5) (a) The lieutenant governor or a county clerk shall classify the voter registration
73 record of an individual who preregisters to vote as a private record until the day on which the
74 individual turns 18 years [
75 (b) On the day on which the individual described in Subsection (5)(a) turns 18 years of
76 age, the lieutenant governor or county clerk shall classify the individual's voter registration
77 record as a public record in accordance with Subsection [
78 63G-2-301(2)(a)(xii).
79 (6) If an individual who is at least 18 years [
80 voter registration form that the individual is preregistering to vote, the county clerk shall
81 consider the form as a voter registration form and shall process the form in accordance with
82 this chapter.
83 Section 2. Section 53-5-708 is amended to read:
84 53-5-708. Permit -- Names private.
85 (1) (a) The bureau shall maintain a record in its office of any permit issued under this
86 part.
87 (b) Notwithstanding the requirements of Subsection [
88 63G-2-301(2)(a)(ii), the names, addresses, telephone numbers, dates of birth, and Social
89 Security numbers of persons receiving permits are protected records under Subsection
90 63G-2-305(11).
91 (c) Notwithstanding Section 63G-2-206, a person may not share any of the information
92 listed in Subsection (1)(b) with any office, department, division, or other agency of the federal
93 government unless:
94 (i) the disclosure is necessary to conduct a criminal background check on the
95 individual who is the subject of the information;
96 (ii) the disclosure of information is made pursuant to a court order directly associated
97 with an active investigation or prosecution of the individual who is the subject of the
98 information;
99 (iii) the disclosure is made to a criminal justice agency in a criminal investigation or
100 prosecution;
101 (iv) the disclosure is made by a law enforcement agency within the state to another law
102 enforcement agency in the state or in another state in connection with an investigation,
103 including a preliminary investigation, or a prosecution of the individual who is the subject of
104 the information;
105 (v) the disclosure is made by a law enforcement agency within the state to an employee
106 of a federal law enforcement agency in the course of a combined law enforcement effort
107 involving the law enforcement agency within the state and the federal law enforcement agency;
108 or
109 (vi) the disclosure is made in response to a routine request that a federal law
110 enforcement officer makes to obtain information on an individual whom the federal law
111 enforcement officer detains, including for a traffic stop, or questions because of the individual's
112 suspected violation of state law.
113 (d) A person is guilty of a class A misdemeanor if the person knowingly:
114 (i) discloses information listed in Subsection (1)(b) in violation of the provisions under
115 Title 63G, Chapter 2, Government Records Access and Management Act, applicable to
116 protected records; or
117 (ii) shares information in violation of Subsection (1)(c).
118 (e) (i) As used in this Subsection (1)(e), "governmental agency" means:
119 (A) the state or any department, division, agency, or other instrumentality of the state;
120 or
121 (B) a political subdivision of the state, including a county, city, town, school district,
122 special district, and special service district.
123 (ii) A governmental agency may not compel or attempt to compel an individual who
124 has been issued a concealed firearm permit to divulge whether the individual:
125 (A) has been issued a concealed firearm permit; or
126 (B) is carrying a concealed firearm.
127 (iii) Subsection (1)(e)(ii) does not apply to a law enforcement officer.
128 (2) The bureau shall immediately file a copy of each permit it issues under this part.
129 Section 3. Section 53-9-115 is amended to read:
130 53-9-115. Business name and address -- Posting of license -- Advertising.
131 (1) (a) Subject to the provisions of this chapter, a licensee may conduct an investigative
132 business under a name other than the licensee's by:
133 (i) complying with the requirements of Title 42, Chapter 2, Conducting Business Under
134 Assumed Name; and
135 (ii) providing a copy of the filed certificate to the commissioner.
136 (b) Failure to comply with Subsection (1)(a) shall result in the suspension of the
137 license.
138 (2) Each licensee shall have at least one physical location from which the normal
139 business of the agency is conducted. The address of this location shall be on file with the
140 commissioner at all times and is not a public record pursuant to Subsection
141 [
142 (3) The license certificate issued by the commissioner shall be posted in a conspicuous
143 place in the principal office of the licensee.
144 (4) Subject to the provisions of this chapter, a licensee may solicit business through
145 any accepted form of advertising.
146 (a) Any advertisement shall contain the licensee's name and license number as it
147 appears on the license certificate.
148 (b) A licensee may not use false, deceptive, or misleading advertising.
149 Section 4. Section 63G-2-301 is amended to read:
150 63G-2-301. Public records.
151 (1) As used in this section:
152 (a) "Business address" means a single address of a governmental agency designated for
153 the public to contact an employee or officer of the governmental agency.
154 (b) "Business email address" means a single email address of a governmental agency
155 designated for the public to contact an employee or officer of the governmental agency.
156 (c) "Business telephone number" means a single telephone number of a governmental
157 agency designated for the public to contact an employee or officer of the governmental agency.
158 (d) "Correctional facility" means the same as that term is defined in Section
159 77-16b-102.
160 (2) (a) The following records are public except to the extent they contain information
161 expressly permitted to be treated confidentially under the provisions of Subsections
162 63G-2-201(3)(b) and (6)(a):
163 [
164 [
165 address, business email address, business telephone number, number of hours worked per pay
166 period, dates of employment, and relevant education, previous employment, and similar job
167 qualifications of a current or former employee or officer of the governmental entity, excluding:
168 [
169 [
170 the effectiveness of investigations or endanger any individual's safety;
171 [
172 are made by a governmental entity in an administrative, adjudicative, or judicial proceeding
173 except [
174
175 provided in Subsection (2)(b);
176 [
177 classified as protected as provided in Subsection 63G-2-305(17) or (18);
178 [
179 the open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
180 Open and Public Meetings Act, including the records of all votes of each member of the
181 governmental entity;
182 [
183 rules of civil or criminal procedure or unless the records are private under this chapter;
184 [
185 parts of records filed with or maintained by county recorders, clerks, treasurers, surveyors,
186 zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
187 Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the Division of
188 Water Rights, or other governmental entities that give public notice of:
189 [
190 [
191 [
192 [
193 [
194 mergers, name changes, and uniform commercial code filings;
195 [
196 individual who is the subject of the record has given the governmental entity written
197 permission to make the records available to the public;
198 [
199 contractor or private provider;
200 [
201 [
202 a voter registration record or those parts of a voter registration record that are classified as
203 private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
204 20A-2-104(7);
205 [
206 number, if available, and email address, if available, where that elected official may be reached
207 as required in Title 11, Chapter 47, Access to Elected Officials;
208 [
209 and email address, if available, where that elected official may be reached directly as required
210 in Section 53G-7-1203;
211 [
212 described in Section 53B-8a-111; and
213 [
214 packet, as defined in Section 20A-7-101, after the packet is submitted to a county clerk.
215 (b) (i) Notwithstanding Subsection (2)(a)(iii), an opinion or order made by a
216 governmental entity in an administrative, adjudicative, or judicial proceeding may be withheld
217 if:
218 (A) the proceeding was properly closed to the public; and
219 (B) the opinion or order contains information that is private, controlled, or protected.
220 (ii) Subsection (2)(b)(i) does not apply if the individual subject to the proceeding is an
221 elected official.
222 (3) The following records are normally public, but to the extent that a record is
223 expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
224 Section 63G-2-302, 63G-2-304, or 63G-2-305:
225 (a) administrative staff manuals, instructions to staff, and statements of policy;
226 (b) records documenting a contractor's or private provider's compliance with the terms
227 of a contract with a governmental entity;
228 (c) records documenting the services provided by a contractor or a private provider to
229 the extent the records would be public if prepared by the governmental entity;
230 (d) contracts entered into by a governmental entity;
231 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
232 by a governmental entity;
233 (f) records relating to government assistance or incentives publicly disclosed,
234 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
235 business in Utah, except as provided in Subsection 63G-2-305(35);
236 (g) chronological logs and initial contact reports;
237 (h) correspondence by and with a governmental entity in which the governmental entity
238 determines or states an opinion upon the rights of the state, a political subdivision, the public,
239 or any person;
240 (i) empirical data contained in drafts if:
241 (i) the empirical data is not reasonably available to the requester elsewhere in similar
242 form; and
243 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
244 make nonsubstantive changes before release;
245 (j) drafts that are circulated to anyone other than:
246 (i) a governmental entity;
247 (ii) a political subdivision;
248 (iii) a federal agency if the governmental entity and the federal agency are jointly
249 responsible for implementation of a program or project that has been legislatively approved;
250 (iv) a government-managed corporation; or
251 (v) a contractor or private provider;
252 (k) drafts that have never been finalized but were relied upon by the governmental
253 entity in carrying out action or policy;
254 (l) original data in a computer program if the governmental entity chooses not to
255 disclose the program;
256 (m) arrest warrants after issuance, except that, for good cause, a court may order
257 restricted access to arrest warrants prior to service;
258 (n) search warrants after execution and filing of the return, except that a court, for good
259 cause, may order restricted access to search warrants prior to trial;
260 (o) records that would disclose information relating to formal charges or disciplinary
261 actions against a past or present governmental entity employee if:
262 (i) the disciplinary action has been completed and all time periods for administrative
263 appeal have expired; and
264 (ii) the charges on which the disciplinary action was based were sustained;
265 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
266 and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
267 evidence mineral production on government lands;
268 (q) final audit reports;
269 (r) occupational and professional licenses;
270 (s) business licenses;
271 (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
272 records used to initiate proceedings for discipline or sanctions against persons regulated by a
273 governmental entity, but not including records that initiate employee discipline; and
274 (u) (i) records that disclose a standard, regulation, policy, guideline, or rule regarding
275 the operation of a correctional facility or the care and control of inmates committed to the
276 custody of a correctional facility; and
277 (ii) records that disclose the results of an audit or other inspection assessing a
278 correctional facility's compliance with a standard, regulation, policy, guideline, or rule
279 described in Subsection (3)(u)(i).
280 (4) The list of public records in this section is not exhaustive and should not be used to
281 limit access to records.
282 Section 5. Section 63G-2-302 is amended to read:
283 63G-2-302. Private records.
284 (1) The following records are private:
285 (a) records concerning an individual's eligibility for unemployment insurance benefits,
286 social services, welfare benefits, or the determination of benefit levels;
287 (b) records containing data on individuals describing medical history, diagnosis,
288 condition, treatment, evaluation, or similar medical data;
289 (c) records of publicly funded libraries that when examined alone or with other records
290 identify a patron;
291 (d) records received by or generated by or for:
292 (i) the Independent Legislative Ethics Commission, except for:
293 (A) the commission's summary data report that is required under legislative rule; and
294 (B) any other document that is classified as public under legislative rule; or
295 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
296 unless the record is classified as public under legislative rule;
297 (e) records received by, or generated by or for, the Independent Executive Branch
298 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
299 of Executive Branch Ethics Complaints;
300 (f) records received or generated for a Senate confirmation committee concerning
301 character, professional competence, or physical or mental health of an individual:
302 (i) if, prior to the meeting, the chair of the committee determines release of the records:
303 (A) reasonably could be expected to interfere with the investigation undertaken by the
304 committee; or
305 (B) would create a danger of depriving a person of a right to a fair proceeding or
306 impartial hearing; and
307 (ii) after the meeting, if the meeting was closed to the public;
308 (g) employment records concerning a current or former employee of, or applicant for
309 employment with, a governmental entity that would disclose that individual's home address,
310 home telephone number, social security number, insurance coverage, marital status, or payroll
311 deductions;
312 (h) records or parts of records under Section 63G-2-303 that a current or former
313 employee identifies as private according to the requirements of that section;
314 (i) that part of a record indicating a person's social security number or federal employer
315 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
316 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
317 (j) that part of a voter registration record identifying a voter's:
318 (i) driver license or identification card number;
319 (ii) social security number, or last four digits of the social security number;
320 (iii) email address;
321 (iv) date of birth; or
322 (v) phone number;
323 (k) a voter registration record that is classified as a private record by the lieutenant
324 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
325 20A-2-204(4)(b);
326 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
327 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
328 verification submitted in support of the form;
329 (n) a record that:
330 (i) contains information about an individual;
331 (ii) is voluntarily provided by the individual; and
332 (iii) goes into an electronic database that:
333 (A) is designated by and administered under the authority of the Chief Information
334 Officer; and
335 (B) acts as a repository of information about the individual that can be electronically
336 retrieved and used to facilitate the individual's online interaction with a state agency;
337 (o) information provided to the Commissioner of Insurance under:
338 (i) Subsection 31A-23a-115(3)(a);
339 (ii) Subsection 31A-23a-302(4); or
340 (iii) Subsection 31A-26-210(4);
341 (p) information obtained through a criminal background check under Title 11, Chapter
342 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
343 (q) information provided by an offender that is:
344 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
345 Offender Registry, or Title 77, Chapter 43, Child Abuse Offender Registry; and
346 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
347 77-43-108(4);
348 (r) a statement and any supporting documentation filed with the attorney general in
349 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
350 homeland security;
351 (s) electronic toll collection customer account information received or collected under
352 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
353 collected by a public transit district, including contact and payment information and customer
354 travel data;
355 (t) an email address provided by a military or overseas voter under Section
356 20A-16-501;
357 (u) a completed military-overseas ballot that is electronically transmitted under Title
358 20A, Chapter 16, Uniform Military and Overseas Voters Act;
359 (v) records received by or generated by or for the Political Subdivisions Ethics Review
360 Commission established in Section 63A-15-201, except for:
361 (i) the commission's summary data report that is required in Section 63A-15-202; and
362 (ii) any other document that is classified as public in accordance with Title 63A,
363 Chapter 15, Political Subdivisions Ethics Review Commission;
364 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
365 an incident or threat;
366 (x) a criminal background check or credit history report conducted in accordance with
367 Section 63A-3-201;
368 (y) a record described in Subsection 53-5a-104(7);
369 (z) on a record maintained by a county for the purpose of administering property taxes,
370 an individual's:
371 (i) email address;
372 (ii) phone number; or
373 (iii) personal financial information related to a person's payment method;
374 (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
375 exemption, deferral, abatement, or relief under:
376 (i) Title 59, Chapter 2, Part 11, Exemptions;
377 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
378 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
379 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
380 (bb) a record provided by the State Tax Commission in response to a request under
381 Subsection 59-1-403(4)(y)(iii);
382 (cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
383 child welfare case, as described in Subsection 36-33-103(3); and
384 (dd) a record relating to drug or alcohol testing of a state employee under Section
385 63A-17-1004.
386 (2) The following records are private if properly classified by a governmental entity:
387 (a) records concerning a current or former employee of, or applicant for employment
388 with a governmental entity, including performance evaluations and personal status information
389 such as race, religion, or disabilities, but not including records that are public under Subsection
390 [
391 (b) records describing an individual's finances, except that the following are public:
392 (i) records described in Subsection 63G-2-301(2);
393 (ii) information provided to the governmental entity for the purpose of complying with
394 a financial assurance requirement; or
395 (iii) records that must be disclosed in accordance with another statute;
396 (c) records of independent state agencies if the disclosure of those records would
397 conflict with the fiduciary obligations of the agency;
398 (d) other records containing data on individuals the disclosure of which constitutes a
399 clearly unwarranted invasion of personal privacy;
400 (e) records provided by the United States or by a government entity outside the state
401 that are given with the requirement that the records be managed as private records, if the
402 providing entity states in writing that the record would not be subject to public disclosure if
403 retained by it;
404 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
405 created in Section 26B-6-102, that may disclose, or lead to the discovery of, the identity of a
406 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
407 (g) audio and video recordings created by a body-worn camera, as defined in Section
408 77-7a-103, that record sound or images inside a home or residence except for recordings that:
409 (i) depict the commission of an alleged crime;
410 (ii) record any encounter between a law enforcement officer and a person that results in
411 death or bodily injury, or includes an instance when an officer fires a weapon;
412 (iii) record any encounter that is the subject of a complaint or a legal proceeding
413 against a law enforcement officer or law enforcement agency;
414 (iv) contain an officer involved critical incident as defined in Subsection
415 76-2-408(1)(f); or
416 (v) have been requested for reclassification as a public record by a subject or
417 authorized agent of a subject featured in the recording.
418 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
419 records, statements, history, diagnosis, condition, treatment, and evaluation.
420 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
421 doctors, or affiliated entities are not private records or controlled records under Section
422 63G-2-304 when the records are sought:
423 (i) in connection with any legal or administrative proceeding in which the patient's
424 physical, mental, or emotional condition is an element of any claim or defense; or
425 (ii) after a patient's death, in any legal or administrative proceeding in which any party
426 relies upon the condition as an element of the claim or defense.
427 (c) Medical records are subject to production in a legal or administrative proceeding
428 according to state or federal statutes or rules of procedure and evidence as if the medical
429 records were in the possession of a nongovernmental medical care provider.
430 Section 6. Section 63G-4-106 is amended to read:
431 63G-4-106. Access to information on state-controlled websites.
432 (1) As used in this section and Sections 63G-4-107 and 63G-4-108:
433 (a) "Administrative disciplinary action" means, subject to the limitations described in
434 Section 63G-4-102, state agency action against the interest of an individual that affects a legal
435 right, duty, privilege, immunity, or other legal interest of an individual, including agency action
436 to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.
437 (b) "Record of administrative disciplinary action" means a notice, request, complaint,
438 report, order, or other information related to an administrative disciplinary action.
439 (c) "State-controlled website" means a website:
440 (i) operated by:
441 (A) an agency; or
442 (B) a third party pursuant to a contract with an agency under which the agency controls
443 the data available to the public; and
444 (ii) that includes personally identifiable information.
445 (2) Unless otherwise required by federal law, if an agency maintains, on a
446 state-controlled website available to the public, a record of administrative disciplinary action,
447 the agency shall remove the record of administrative disciplinary action from public access on
448 the state-controlled website by no later than 10 years from the date:
449 (a) a final order related to the administrative disciplinary action was issued; or
450 (b) the administrative disciplinary action was commenced, if no final order was issued
451 related to the administrative disciplinary action.
452 (3) Notwithstanding Subsection (2):
453 (a) a record of administrative disciplinary action issued in accordance with this chapter
454 shall maintain its record classification pursuant to Subsection [
455 63G-2-301(2)(a)(iii) or (3)(t); and
456 (b) a person may make a request for the record of administrative disciplinary action in
457 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
458 Section 7. Effective date.
459 This bill takes effect on May 1, 2024.