02-12 13:05 H.B. 492
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Drinking Water Utilities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses security at drinking water facilities.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires a community water system to:
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● complete a security plan; and
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● report a security breach to the Utah Cyber Center within two hours of discovering the
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security breach;
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▸ requires the Division of Drinking Water to report annually to two legislative committees
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on security at community water systems;
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▸ classifies a community water system's security plan as a protected record; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-4-106 (Effective 05/07/25) (Repealed 07/01/29), as last amended by Laws of Utah
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2023, Chapter 238
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63G-2-305 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 18,
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101, 135, 267, 344, and 522
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ENACTS:
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19-4-116 (Effective 05/07/25), Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
H.B. 492 H.B. 492 02-12 13:05
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Section 1. Section 19-4-106 is amended to read:
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19-4-106 (Effective 05/07/25) (Repealed 07/01/29). Director -- Appointment --
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Authority.
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(1) The executive director shall appoint the director. The director shall serve under the
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administrative direction of the executive director.
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(2) The director shall:
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(a) develop programs to promote and protect the quality of the public drinking water
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supplies of the state;
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(b) advise, consult, and cooperate with other agencies of this and other states, the federal
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government, and with other groups, political subdivisions, and industries in
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furtherance of the purpose of this chapter;
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(c) review plans, specifications, and other data pertinent to proposed or expanded water
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supply systems to ensure proper design and construction;[ and]
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(d) ensure that a community water system has a security plan that meets the
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requirements described in Subsection 19-4-116(2);
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[(d)] (e) subject to the provisions of this chapter, enforce rules made by the board
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through the issuance of orders that may be subsequently revoked, which orders may
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require:
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(i) discontinuance of use of unsatisfactory sources of drinking water;
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(ii) suppliers to notify the public concerning the need to boil water; or
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(iii) suppliers in accordance with existing rules, to take remedial actions necessary to
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protect or improve an existing water system; and
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[(e)] (f) as authorized by the board and subject to the provisions of this chapter, act as
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executive secretary of the board under the direction of the chair of the board.
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(3) The director may authorize employees or agents of the department, after reasonable
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notice and presentation of credentials, to enter any part of a public water system at
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reasonable times to inspect the facilities and water quality records required by board
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rules, conduct sanitary surveys, take samples, and investigate the standard of operation
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and service delivered by public water systems.
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(4) As provided in this chapter and in accordance with rules made by the board, the director
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may:
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(a) issue and enforce a notice of violation and an administrative order; and
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(b) assess and make a demand for payment of an administrative penalty arising from a
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violation of this chapter, a rule or order issued under the authority of this chapter, or
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the terms of a permit or other administrative authorization issued under the authority
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of this chapter.
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[(5)(a) The director shall study how water providers, municipalities, counties, and state
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agencies may find greater efficiencies through improved coordination, consolidation,
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and regionalization related to:]
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[(i) water use and conservation; and]
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[(ii) administrative and economic efficiencies.]
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[(b) The study under this Subsection (5) shall consider recommendations including
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incentives, funding, regulatory changes, and statutory changes to promote greater
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coordination and efficiency and to help meet water infrastructure needs statewide.]
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[(c) The director shall:]
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[(i) conduct the study in conjunction with the Division of Water Resources; and]
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[(ii) consult with a diverse group consisting of water providers, state agencies, local
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governments, and relevant stakeholders to help the director conduct the study and
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develop recommendations described in this Subsection (5).]
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[(d) On or before October 30, 2024, the director shall provide a written report of the
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study's findings, including any recommended legislative action, to the Natural
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Resources, Agriculture, and Environment Interim Committee.]
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Section 2. Section 19-4-116 is enacted to read:
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19-4-116 (Effective 05/07/25). Security plan for community water systems --
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Requirements -- Report.
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(1) As used in this section:
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(a) "Authorized employee" means an employee of a community water system authorized
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to access:
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(i) an operational technology;
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(ii) a control system; or
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(iii) a secure area.
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(b)(i) "Control system" means a physical or electronic system that implements a
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procedure or process for water treatment or water delivery at a community water
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system.
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(ii) "Control system" includes:
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(A) a computer system that monitors or controls water treatment or water delivery
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equipment in real time;
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(B) a computer device that performs calculations or processes data related to water
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treatment or water delivery; and
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(C) a network device or server that allows an authorized employee to remotely
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access a computer system or computer device that monitors or controls water
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treatment or water delivery.
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(c) "Operational technology" means a hardware, software, or firmware component of a
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control system.
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(d) "Secure area" means an area in a community water system that is not normally
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accessible by the public.
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(e)(i) "Security breach" means an incident that threatens the security of a community
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water system with the potential to impact the quality or quantity of delivered
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water.
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(ii) "Security breach" includes:
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(A) a physical breach to a secure area by an individual other than an authorized
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employee;
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(B) a breach of an operational technology or control system; or
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(C) an unauthorized attempt to delete, disable, destroy, or override data, an
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application, a device, or a computer network.
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(2)(a) By no later than July 1, 2025, and annually thereafter, a supplier of a community
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water system serving a population of 10,000 or greater shall complete a security plan.
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(b) By no later than July 1, 2026, and annually thereafter, a supplier of a community
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water system serving a population less than 10,000 shall complete a security plan.
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(c) A supplier of a community water system shall report to the division on or before July
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1 of each year whether the supplier has completed a security plan described in this
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Subsection (2).
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(d) A security plan described in this Subsection (2) shall include a requirement to:
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(i) support and regularly update software used in a control system;
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(ii) adopt best practices for secure passwords;
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(iii) provide annual cybersecurity training to an employee who has regular access to
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an operational technology or control system;
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(iv) complete an internal assessment of the community water system's security
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vulnerabilities;
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(v) promptly remove access to all operational technology and control systems from
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an employee whose employment is terminated;
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(vi) prohibit an unauthorized copying of software and data;
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(vii) ensure that an automated operational technology or control system can be
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operated manually, as needed;
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(viii) report a security breach in accordance with Subsection (3);
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(ix) adopt other security and records management requirements in conformity with
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federal requirements; and
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(x) comply with a security directive by the director.
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(e) A supplier of a community water system shall make available to the director or the
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director's authorized representative, upon request:
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(i) the supplier's security plan under this Subsection (2);
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(ii) an incident report; and
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(iii) any information related to a security plan as requested by the director.
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(3)(a) A supplier of a community water system shall report a security breach no later
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than two hours after the supplier discovers the security breach to the Utah Cyber
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Center created in Section 63A-16-1102.
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(b) The Utah Cyber Center shall notify the division of a reported security breach
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described in Subsection (3)(a) as soon as possible, but not later than one day after
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receiving the report from the supplier.
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(4)(a) By no later than October 31 of each year, the division shall submit a report on
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security at community water systems in the state to:
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(i) the Natural Resources, Agriculture, and Environment Interim Committee; and
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(ii) the Public Utilities, Energy, and Technology Interim Committee.
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(b) The report described in this Subsection (4) shall include:
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(i) information collected by the division regarding security incidents and security
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plans at community water systems in the state; and
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(ii) recommendations from the division, if any, for legislative action and funding to
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improve physical and electronic security at community water systems.
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(5) The director shall provide information and technical resources to a community water
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system completing a security plan described in Subsection (2).
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Section 3. Section 63G-2-305 is amended to read:
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63G-2-305 (Effective 05/07/25). Protected records.
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The following records are protected if properly classified by a governmental entity:
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(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
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provided the governmental entity with the information specified in Section 63G-2-309;
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(2) commercial information or nonindividual financial information obtained from a person
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if:
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(a) disclosure of the information could reasonably be expected to result in unfair
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competitive injury to the person submitting the information or would impair the
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ability of the governmental entity to obtain necessary information in the future;
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(b) the person submitting the information has a greater interest in prohibiting access than
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the public in obtaining access; and
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(c) the person submitting the information has provided the governmental entity with the
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information specified in Section 63G-2-309;
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(3) commercial or financial information acquired or prepared by a governmental entity to
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the extent that disclosure would lead to financial speculations in currencies, securities, or
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commodities that will interfere with a planned transaction by the governmental entity or
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cause substantial financial injury to the governmental entity or state economy;
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(4) records, the disclosure of which could cause commercial injury to, or confer a
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competitive advantage upon a potential or actual competitor of, a commercial project
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entity as defined in Subsection 11-13-103(4);
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(5) test questions and answers to be used in future license, certification, registration,
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employment, or academic examinations;
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(6) records, the disclosure of which would impair governmental procurement proceedings
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or give an unfair advantage to any person proposing to enter into a contract or agreement
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with a governmental entity, except, subject to Subsections (1) and (2), that this
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Subsection (6) does not restrict the right of a person to have access to, after the contract
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or grant has been awarded and signed by all parties:
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(a) a bid, proposal, application, or other information submitted to or by a governmental
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entity in response to:
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(i) an invitation for bids;
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(ii) a request for proposals;
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(iii) a request for quotes;
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(iv) a grant; or
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(v) other similar document; or
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(b) an unsolicited proposal, as defined in Section 63G-6a-712;
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(7) information submitted to or by a governmental entity in response to a request for
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information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
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restrict the right of a person to have access to the information, after:
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(a) a contract directly relating to the subject of the request for information has been
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awarded and signed by all parties; or
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(b)(i) a final determination is made not to enter into a contract that relates to the
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subject of the request for information; and
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(ii) at least two years have passed after the day on which the request for information
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is issued;
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(8) records that would identify real property or the appraisal or estimated value of real or
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personal property, including intellectual property, under consideration for public
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acquisition before any rights to the property are acquired unless:
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(a) public interest in obtaining access to the information is greater than or equal to the
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governmental entity's need to acquire the property on the best terms possible;
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(b) the information has already been disclosed to persons not employed by or under a
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duty of confidentiality to the entity;
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(c) in the case of records that would identify property, potential sellers of the described
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property have already learned of the governmental entity's plans to acquire the
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property;
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(d) in the case of records that would identify the appraisal or estimated value of
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property, the potential sellers have already learned of the governmental entity's
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estimated value of the property; or
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(e) the property under consideration for public acquisition is a single family residence
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and the governmental entity seeking to acquire the property has initiated negotiations
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to acquire the property as required under Section 78B-6-505;
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(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
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transaction of real or personal property including intellectual property, which, if
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disclosed prior to completion of the transaction, would reveal the appraisal or estimated
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value of the subject property, unless:
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(a) the public interest in access is greater than or equal to the interests in restricting
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access, including the governmental entity's interest in maximizing the financial
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benefit of the transaction; or
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(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
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the value of the subject property have already been disclosed to persons not
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employed by or under a duty of confidentiality to the entity;
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(10) records created or maintained for civil, criminal, or administrative enforcement
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purposes or audit purposes, or for discipline, licensing, certification, or registration
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purposes, if release of the records:
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(a) reasonably could be expected to interfere with investigations undertaken for
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enforcement, discipline, licensing, certification, or registration purposes;
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(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
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proceedings;
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(c) would create a danger of depriving a person of a right to a fair trial or impartial
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hearing;
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(d) reasonably could be expected to disclose the identity of a source who is not generally
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known outside of government and, in the case of a record compiled in the course of
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an investigation, disclose information furnished by a source not generally known
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outside of government if disclosure would compromise the source; or
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(e) reasonably could be expected to disclose investigative or audit techniques,
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procedures, policies, or orders not generally known outside of government if
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disclosure would interfere with enforcement or audit efforts;
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(11) records the disclosure of which would jeopardize the life or safety of an individual;
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(12) records the disclosure of which would jeopardize the security of governmental
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property, governmental programs, or governmental recordkeeping systems from
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damage, theft, or other appropriation or use contrary to law or public policy;
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(13) records that, if disclosed, would jeopardize the security or safety of a correctional
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facility, or records relating to incarceration, treatment, probation, or parole, that would
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interfere with the control and supervision of an offender's incarceration, treatment,
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probation, or parole;
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(14) records that, if disclosed, would reveal recommendations made to the Board of
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Pardons and Parole by an employee of or contractor for the Department of Corrections,
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the Board of Pardons and Parole, or the Department of Health and Human Services that
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are based on the employee's or contractor's supervision, diagnosis, or treatment of any
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person within the board's jurisdiction;
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(15) records and audit workpapers that identify audit, collection, and operational procedures
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and methods used by the State Tax Commission, if disclosure would interfere with
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audits or collections;
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(16) records of a governmental audit agency relating to an ongoing or planned audit until
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the final audit is released;
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(17) records that are subject to the attorney client privilege;
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(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
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employee, or agent of a governmental entity for, or in anticipation of, litigation or a
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judicial, quasi-judicial, or administrative proceeding;
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(19)(a)(i) personal files of a state legislator, including personal correspondence to or
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from a member of the Legislature; and
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(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
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legislative action or policy may not be classified as protected under this section;
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and
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(b)(i) an internal communication that is part of the deliberative process in connection
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with the preparation of legislation between:
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(A) members of a legislative body;
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(B) a member of a legislative body and a member of the legislative body's staff; or
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(C) members of a legislative body's staff; and
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(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
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legislative action or policy may not be classified as protected under this section;
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(20)(a) records in the custody or control of the Office of Legislative Research and
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General Counsel, that, if disclosed, would reveal a particular legislator's
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contemplated legislation or contemplated course of action before the legislator has
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elected to support the legislation or course of action, or made the legislation or course
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of action public; and
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(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
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Office of Legislative Research and General Counsel is a public document unless a
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legislator asks that the records requesting the legislation be maintained as protected
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records until such time as the legislator elects to make the legislation or course of
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action public;
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(21) a research request from a legislator to a legislative staff member and research findings
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prepared in response to the request;
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(22) drafts, unless otherwise classified as public;
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(23) records concerning a governmental entity's strategy about:
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(a) collective bargaining; or
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(b) imminent or pending litigation;
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(24) records of investigations of loss occurrences and analyses of loss occurrences that may
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be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
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Uninsured Employers' Fund, or similar divisions in other governmental entities;
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(25) records, other than personnel evaluations, that contain a personal recommendation
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concerning an individual if disclosure would constitute a clearly unwarranted invasion
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of personal privacy, or disclosure is not in the public interest;
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(26) records that reveal the location of historic, prehistoric, paleontological, or biological
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resources that if known would jeopardize the security of those resources or of valuable
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historic, scientific, educational, or cultural information;
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(27) records of independent state agencies if the disclosure of the records would conflict
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with the fiduciary obligations of the agency;
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(28) records of an institution within the state system of higher education defined in Section
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53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
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retention decisions, and promotions, which could be properly discussed in a meeting
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closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
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that records of the final decisions about tenure, appointments, retention, promotions, or
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those students admitted, may not be classified as protected under this section;
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(29) records of the governor's office, including budget recommendations, legislative
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proposals, and policy statements, that if disclosed would reveal the governor's
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contemplated policies or contemplated courses of action before the governor has
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implemented or rejected those policies or courses of action or made them public;
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(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
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revenue estimates, and fiscal notes of proposed legislation before issuance of the final
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recommendations in these areas;
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(31) records provided by the United States or by a government entity outside the state that
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are given to the governmental entity with a requirement that they be managed as
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protected records if the providing entity certifies that the record would not be subject to
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public disclosure if retained by it;
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(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
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public body except as provided in Section 52-4-206;
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(33) records that would reveal the contents of settlement negotiations but not including final
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settlements or empirical data to the extent that they are not otherwise exempt from
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disclosure;
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(34) memoranda prepared by staff and used in the decision-making process by an
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administrative law judge, a member of the Board of Pardons and Parole, or a member of
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any other body charged by law with performing a quasi-judicial function;
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(35) records that would reveal negotiations regarding assistance or incentives offered by or
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requested from a governmental entity for the purpose of encouraging a person to expand
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or locate a business in Utah, but only if disclosure would result in actual economic harm
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to the person or place the governmental entity at a competitive disadvantage, but this
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section may not be used to restrict access to a record evidencing a final contract;
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(36) materials to which access must be limited for purposes of securing or maintaining the
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governmental entity's proprietary protection of intellectual property rights including
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patents, copyrights, and trade secrets;
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(37) the name of a donor or a prospective donor to a governmental entity, including an
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institution within the state system of higher education defined in Section 53B-1-102, and
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other information concerning the donation that could reasonably be expected to reveal
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the identity of the donor, provided that:
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(a) the donor requests anonymity in writing;
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(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
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classified protected by the governmental entity under this Subsection (37); and
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(c) except for an institution within the state system of higher education defined in
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Section 53B-1-102, the governmental unit to which the donation is made is primarily
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engaged in educational, charitable, or artistic endeavors, and has no regulatory or
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legislative authority over the donor, a member of the donor's immediate family, or
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any entity owned or controlled by the donor or the donor's immediate family;
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(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
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(39) a notification of workers' compensation insurance coverage described in Section
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34A-2-205;
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(40)(a) the following records of an institution within the state system of higher education
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defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
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or received by or on behalf of faculty, staff, employees, or students of the institution:
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(i) unpublished lecture notes;
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(ii) unpublished notes, data, and information:
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(A) relating to research; and
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(B) of:
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(I) the institution within the state system of higher education defined in Section
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53B-1-102; or
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(II) a sponsor of sponsored research;
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(iii) unpublished manuscripts;
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(iv) creative works in process;
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(v) scholarly correspondence; and
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(vi) confidential information contained in research proposals;
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(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
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required pursuant to Subsection 53B-16-302(2)(a) or (b); and
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(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
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(41)(a) records in the custody or control of the Office of the Legislative Auditor General
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that would reveal the name of a particular legislator who requests a legislative audit
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prior to the date that audit is completed and made public; and
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(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
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Office of the Legislative Auditor General is a public document unless the legislator
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asks that the records in the custody or control of the Office of the Legislative Auditor
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General that would reveal the name of a particular legislator who requests a
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legislative audit be maintained as protected records until the audit is completed and
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made public;
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(42) records that provide detail as to the location of an explosive, including a map or other
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document that indicates the location of:
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(a) a production facility; or
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(b) a magazine;
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(43) information contained in the statewide database of the Division of Aging and Adult
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Services created by Section 26B-6-210;
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(44) information contained in the Licensing Information System described in Title 80,
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Chapter 2, Child Welfare Services;
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(45) information regarding National Guard operations or activities in support of the
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National Guard's federal mission;
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(46) records provided by any pawn or secondhand business to a law enforcement agency or
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to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
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Merchandise, and Catalytic Converter Transaction Information Act;
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(47) information regarding food security, risk, and vulnerability assessments performed by
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the Department of Agriculture and Food;
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(48) except to the extent that the record is exempt from this chapter pursuant to Section
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63G-2-106, records related to an emergency plan or program, a copy of which is
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provided to or prepared or maintained by the Division of Emergency Management, and
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the disclosure of which would jeopardize:
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(a) the safety of the general public; or
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(b) the security of:
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(i) governmental property;
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(ii) governmental programs; or
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(iii) the property of a private person who provides the Division of Emergency
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Management information;
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(49) records of the Department of Agriculture and Food that provides for the identification,
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tracing, or control of livestock diseases, including any program established under Title
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4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
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of Animal Disease;
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(50) as provided in Section 26B-2-709:
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(a) information or records held by the Department of Health and Human Services related
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to a complaint regarding a provider, program, or facility which the department is
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unable to substantiate; and
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(b) information or records related to a complaint received by the Department of Health
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and Human Services from an anonymous complainant regarding a provider, program,
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or facility;
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(51) unless otherwise classified as public under Section 63G-2-301 and except as provided
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under Section 41-1a-116, an individual's home address, home telephone number, or
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personal mobile phone number, if:
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(a) the individual is required to provide the information in order to comply with a law,
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ordinance, rule, or order of a government entity; and
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(b) the subject of the record has a reasonable expectation that this information will be
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kept confidential due to:
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(i) the nature of the law, ordinance, rule, or order; and
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(ii) the individual complying with the law, ordinance, rule, or order;
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(52) the portion of the following documents that contains a candidate's residential or
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mailing address, if the candidate provides to the filing officer another address or phone
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number where the candidate may be contacted:
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(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
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described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
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20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
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(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
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(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
436
(53) the name, home address, work addresses, and telephone numbers of an individual that
437
is engaged in, or that provides goods or services for, medical or scientific research that is:
438
(a) conducted within the state system of higher education, as defined in Section
- 13 - H.B. 492 02-12 13:05
439
53B-1-102; and
440
(b) conducted using animals;
441
(54) in accordance with Section 78A-12-203, any record of the Judicial Performance
442
Evaluation Commission concerning an individual commissioner's vote, in relation to
443
whether a judge meets or exceeds minimum performance standards under Subsection
444
78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
445
(55) information collected and a report prepared by the Judicial Performance Evaluation
446
Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
447
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
448
public, the information or report;
449
(56) records provided or received by the Public Lands Policy Coordinating Office in
450
furtherance of any contract or other agreement made in accordance with Section
451
63L-11-202;
452
(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
453
(58) in accordance with Section 73-10-33:
454
(a) a management plan for a water conveyance facility in the possession of the Division
455
of Water Resources or the Board of Water Resources; or
456
(b) an outline of an emergency response plan in possession of the state or a county or
457
municipality;
458
(59) the following records in the custody or control of the Office of Inspector General of
459
Medicaid Services, created in Section 63A-13-201:
460
(a) records that would disclose information relating to allegations of personal
461
misconduct, gross mismanagement, or illegal activity of a person if the information
462
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
463
Services through other documents or evidence, and the records relating to the
464
allegation are not relied upon by the Office of Inspector General of Medicaid
465
Services in preparing a final investigation report or final audit report;
466
(b) records and audit workpapers to the extent they would disclose the identity of a
467
person who, during the course of an investigation or audit, communicated the
468
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
469
violation of a law, rule, or regulation adopted under the laws of this state, a political
470
subdivision of the state, or any recognized entity of the United States, if the
471
information was disclosed on the condition that the identity of the person be
472
protected;
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473
(c) before the time that an investigation or audit is completed and the final investigation
474
or final audit report is released, records or drafts circulated to a person who is not an
475
employee or head of a governmental entity for the person's response or information;
476
(d) records that would disclose an outline or part of any investigation, audit survey plan,
477
or audit program; or
478
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
479
investigation or audit;
480
(60) records that reveal methods used by the Office of Inspector General of Medicaid
481
Services, the fraud unit, or the Department of Health and Human Services, to discover
482
Medicaid fraud, waste, or abuse;
483
(61) information provided to the Department of Health and Human Services or the Division
484
of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
485
58-68-304(3) and (4);
486
(62) a record described in Section 63G-12-210;
487
(63) captured plate data that is obtained through an automatic license plate reader system
488
used by a governmental entity as authorized in Section 41-6a-2003;
489
(64) an audio or video recording created by a body-worn camera, as that term is defined in
490
Section 77-7a-103, that records sound or images inside a hospital or health care facility
491
as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
492
as that term is defined in Section 78B-3-403, or inside a human service program as that
493
term is defined in Section 26B-2-101, except for recordings that:
494
(a) depict the commission of an alleged crime;
495
(b) record any encounter between a law enforcement officer and a person that results in
496
death or bodily injury, or includes an instance when an officer fires a weapon;
497
(c) record any encounter that is the subject of a complaint or a legal proceeding against a
498
law enforcement officer or law enforcement agency;
499
(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
500
or
501
(e) have been requested for reclassification as a public record by a subject or authorized
502
agent of a subject featured in the recording;
503
(65) a record pertaining to the search process for a president of an institution of higher
504
education described in Section 53B-2-102, except for application materials for a publicly
505
announced finalist;
506
(66) an audio recording that is:
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507
(a) produced by an audio recording device that is used in conjunction with a device or
508
piece of equipment designed or intended for resuscitating an individual or for treating
509
an individual with a life-threatening condition;
510
(b) produced during an emergency event when an individual employed to provide law
511
enforcement, fire protection, paramedic, emergency medical, or other first responder
512
service:
513
(i) is responding to an individual needing resuscitation or with a life-threatening
514
condition; and
515
(ii) uses a device or piece of equipment designed or intended for resuscitating an
516
individual or for treating an individual with a life-threatening condition; and
517
(c) intended and used for purposes of training emergency responders how to improve
518
their response to an emergency situation;
519
(67) records submitted by or prepared in relation to an applicant seeking a recommendation
520
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
521
Audit Subcommittee, established under Section 36-12-8, for an employment position
522
with the Legislature;
523
(68) work papers as defined in Section 31A-2-204;
524
(69) a record made available to Adult Protective Services or a law enforcement agency
525
under Section 61-1-206;
526
(70) a record submitted to the Insurance Department in accordance with Section
527
31A-37-201;
528
(71) a record described in Section 31A-37-503;
529
(72) any record created by the Division of Professional Licensing as a result of Subsection
530
58-37f-304(5) or 58-37f-702(2)(a)(ii);
531
(73) a record described in Section 72-16-306 that relates to the reporting of an injury
532
involving an amusement ride;
533
(74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
534
political petition, or on a request to withdraw a signature from a political petition,
535
including a petition or request described in the following titles:
536
(a) Title 10, Utah Municipal Code;
537
(b) Title 17, Counties;
538
(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
539
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
540
(e) Title 20A, Election Code;
- 16 - 02-12 13:05 H.B. 492
541
(75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
542
voter registration record;
543
(76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
544
described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
545
political subdivision collected or held under, or in relation to, Title 20A, Election Code;
546
(77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
547
Victims Guidelines for Prosecutors Act;
548
(78) a record submitted to the Insurance Department under Section 31A-48-103;
549
(79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
550
prohibited under Section 63G-26-103;
551
(80) an image taken of an individual during the process of booking the individual into jail,
552
unless:
553
(a) the individual is convicted of a criminal offense based upon the conduct for which
554
the individual was incarcerated at the time the image was taken;
555
(b) a law enforcement agency releases or disseminates the image:
556
(i) after determining that the individual is a fugitive or an imminent threat to an
557
individual or to public safety and releasing or disseminating the image will assist
558
in apprehending the individual or reducing or eliminating the threat; or
559
(ii) to a potential witness or other individual with direct knowledge of events relevant
560
to a criminal investigation or criminal proceeding for the purpose of identifying or
561
locating an individual in connection with the criminal investigation or criminal
562
proceeding;
563
(c) a judge orders the release or dissemination of the image based on a finding that the
564
release or dissemination is in furtherance of a legitimate law enforcement interest; or
565
(d) the image is displayed to a person who is permitted to view the image under Section
566
17-22-30[.] ;
567
(81) a record:
568
(a) concerning an interstate claim to the use of waters in the Colorado River system;
569
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
570
representative from another state or the federal government as provided in Section
571
63M-14-205; and
572
(c) the disclosure of which would:
573
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
574
Colorado River system;
- 17 - H.B. 492 02-12 13:05
575
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
576
negotiate the best terms and conditions regarding the use of water in the Colorado
577
River system; or
578
(iii) give an advantage to another state or to the federal government in negotiations
579
regarding the use of water in the Colorado River system;
580
(82) any part of an application described in Section 63N-16-201 that the Governor's Office
581
of Economic Opportunity determines is nonpublic, confidential information that if
582
disclosed would result in actual economic harm to the applicant, but this Subsection (82)
583
may not be used to restrict access to a record evidencing a final contract or approval
584
decision;
585
(83) the following records of a drinking water or wastewater facility:
586
(a) an engineering or architectural drawing of the drinking water or wastewater facility;[
587
and]
588
(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
589
drinking water or wastewater facility uses to secure, or prohibit access to, the records
590
described in Subsection (83)(a); and
591
(c) any record related to a security plan or incident report described in Section 19-4-116;
592
(84) a statement that an employee of a governmental entity provides to the governmental
593
entity as part of the governmental entity's personnel or administrative investigation into
594
potential misconduct involving the employee if the governmental entity:
595
(a) requires the statement under threat of employment disciplinary action, including
596
possible termination of employment, for the employee's refusal to provide the
597
statement; and
598
(b) provides the employee assurance that the statement cannot be used against the
599
employee in any criminal proceeding;
600
(85) any part of an application for a Utah Fits All Scholarship account described in Section
601
53F-6-402 or other information identifying a scholarship student as defined in Section
602
53F-6-401;
603
(86) a record:
604
(a) concerning a claim to the use of waters in the Great Salt Lake;
605
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
606
person concerning the claim, including a representative from another state or the
607
federal government; and
608
(c) the disclosure of which would:
- 18 - 02-12 13:05 H.B. 492
609
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
610
Great Salt Lake;
611
(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
612
and conditions regarding the use of water in the Great Salt Lake; or
613
(iii) give an advantage to another person including another state or to the federal
614
government in negotiations regarding the use of water in the Great Salt Lake;[ and]
615
(87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
616
reclassified as public as described in Subsection 13-2-11(4)[.] ;
617
(88) a record of the Utah water agent, appointed under Section 73-10g-702:
618
(a) concerning a claim to the use of waters;
619
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
620
representative from another state, a tribe, the federal government, or other
621
government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
622
and
623
(c) the disclosure of which would:
624
(i) reveal a legal strategy relating to the state's claim to the use of the water;
625
(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
626
regarding the use of water; or
627
(iii) give an advantage to another state, a tribe, the federal government, or other
628
government entity in negotiations regarding the use of water.
629
Section 4. Effective Date.
630
This bill takes effect on May 7, 2025.
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