UT
Utah House Bill HB0492

Utah 2025 Regular Session

Utah House Bill HB0492 Compare Versions

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1-02-26 09:18 1st Sub. (Buff) H.B. 492
2-Colin W. Jack proposes the following substitute bill:
1+02-12 13:05 H.B. 492
32 1
43 Drinking Water Utilities Amendments
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Colin W. Jack
8-Senate Sponsor: Heidi Balderree
7+Senate Sponsor:
98 2
109
1110 3
1211 LONG TITLE
1312 4
1413 General Description:
1514 5
1615 This bill addresses security at drinking water facilities.
1716 6
1817 Highlighted Provisions:
1918 7
2019 This bill:
2120 8
2221 ▸ defines terms;
2322 9
2423 ▸ requires a community water system to:
2524 10
2625 ● complete a security plan; and
2726 11
2827 ● report a security breach to the Utah Cyber Center within two hours of discovering the
2928 12
3029 security breach;
3130 13
3231 ▸ requires the Division of Drinking Water to report annually to two legislative committees
3332 14
3433 on security at community water systems;
3534 15
3635 ▸ classifies a community water system's security plan as a protected record; and
3736 16
3837 ▸ makes technical and conforming changes.
3938 17
4039 Money Appropriated in this Bill:
4140 18
4241 None
4342 19
4443 Other Special Clauses:
4544 20
4645 None
4746 21
4847 Utah Code Sections Affected:
4948 22
5049 AMENDS:
5150 23
5251 19-4-106 (Effective 05/07/25) (Repealed 07/01/29), as last amended by Laws of Utah
5352 24
5453 2023, Chapter 238
5554 25
5655 63G-2-305 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 18,
5756 26
5857 101, 135, 267, 344, and 522
5958 27
6059 ENACTS:
6160 28
6261 19-4-116 (Effective 05/07/25), Utah Code Annotated 1953
63-1st Sub. H.B. 492 1st Sub. (Buff) H.B. 492 02-26 09:18
6462 29
6563
6664 30
6765 Be it enacted by the Legislature of the state of Utah:
66+ H.B. 492 H.B. 492 02-12 13:05
6867 31
6968 Section 1. Section 19-4-106 is amended to read:
7069 32
7170 19-4-106 (Effective 05/07/25) (Repealed 07/01/29). Director -- Appointment --
7271 33
7372 Authority.
7473 34
7574 (1) The executive director shall appoint the director. The director shall serve under the
7675 35
7776 administrative direction of the executive director.
7877 36
7978 (2) The director shall:
8079 37
8180 (a) develop programs to promote and protect the quality of the public drinking water
8281 38
8382 supplies of the state;
8483 39
8584 (b) advise, consult, and cooperate with other agencies of this and other states, the federal
8685 40
8786 government, and with other groups, political subdivisions, and industries in
8887 41
8988 furtherance of the purpose of this chapter;
9089 42
9190 (c) review plans, specifications, and other data pertinent to proposed or expanded water
9291 43
9392 supply systems to ensure proper design and construction;[ and]
9493 44
9594 (d) ensure that a community water system has a security plan that meets the
9695 45
9796 requirements described in Subsection 19-4-116(2);
9897 46
9998 [(d)] (e) subject to the provisions of this chapter, enforce rules made by the board
10099 47
101100 through the issuance of orders that may be subsequently revoked, which orders may
102101 48
103102 require:
104103 49
105104 (i) discontinuance of use of unsatisfactory sources of drinking water;
106105 50
107106 (ii) suppliers to notify the public concerning the need to boil water; or
108107 51
109108 (iii) suppliers in accordance with existing rules, to take remedial actions necessary to
110109 52
111110 protect or improve an existing water system; and
112111 53
113112 [(e)] (f) as authorized by the board and subject to the provisions of this chapter, act as
114113 54
115114 executive secretary of the board under the direction of the chair of the board.
116115 55
117116 (3) The director may authorize employees or agents of the department, after reasonable
118117 56
119118 notice and presentation of credentials, to enter any part of a public water system at
120119 57
121120 reasonable times to inspect the facilities and water quality records required by board
122121 58
123122 rules, conduct sanitary surveys, take samples, and investigate the standard of operation
124123 59
125124 and service delivered by public water systems.
126125 60
127126 (4) As provided in this chapter and in accordance with rules made by the board, the director
128127 61
129128 may:
130129 62
131130 (a) issue and enforce a notice of violation and an administrative order; and
132-- 2 - 02-26 09:18 1st Sub. (Buff) H.B. 492
133131 63
134132 (b) assess and make a demand for payment of an administrative penalty arising from a
135133 64
136134 violation of this chapter, a rule or order issued under the authority of this chapter, or
135+- 2 - 02-12 13:05 H.B. 492
137136 65
138137 the terms of a permit or other administrative authorization issued under the authority
139138 66
140139 of this chapter.
141140 67
142141 [(5)(a) The director shall study how water providers, municipalities, counties, and state
143142 68
144143 agencies may find greater efficiencies through improved coordination, consolidation,
145144 69
146145 and regionalization related to:]
147146 70
148147 [(i) water use and conservation; and]
149148 71
150149 [(ii) administrative and economic efficiencies.]
151150 72
152151 [(b) The study under this Subsection (5) shall consider recommendations including
153152 73
154153 incentives, funding, regulatory changes, and statutory changes to promote greater
155154 74
156155 coordination and efficiency and to help meet water infrastructure needs statewide.]
157156 75
158157 [(c) The director shall:]
159158 76
160159 [(i) conduct the study in conjunction with the Division of Water Resources; and]
161160 77
162161 [(ii) consult with a diverse group consisting of water providers, state agencies, local
163162 78
164163 governments, and relevant stakeholders to help the director conduct the study and
165164 79
166165 develop recommendations described in this Subsection (5).]
167166 80
168167 [(d) On or before October 30, 2024, the director shall provide a written report of the
169168 81
170169 study's findings, including any recommended legislative action, to the Natural
171170 82
172171 Resources, Agriculture, and Environment Interim Committee.]
173172 83
174173 Section 2. Section 19-4-116 is enacted to read:
175174 84
176175 19-4-116 (Effective 05/07/25). Security plan for community water systems --
177176 85
178177 Requirements -- Report.
179178 86
180179 (1) As used in this section:
181180 87
182181 (a) "Authorized employee" means an employee of a community water system authorized
183182 88
184183 to access:
185184 89
186185 (i) an operational technology;
187186 90
188187 (ii) a control system; or
189188 91
190189 (iii) a secure area.
191190 92
192191 (b)(i) "Control system" means a physical or electronic system that implements a
193192 93
194193 procedure or process for water treatment or water delivery at a community water
195194 94
196195 system.
197196 95
198197 (ii) "Control system" includes:
199198 96
200199 (A) a computer system that monitors or controls water treatment or water delivery
201-- 3 - 1st Sub. (Buff) H.B. 492 02-26 09:18
202200 97
203-equipment in real time, including a supervisory control and data acquisition
201+equipment in real time;
204202 98
205-system;
203+(B) a computer device that performs calculations or processes data related to water
204+- 3 - H.B. 492 02-12 13:05
206205 99
207-(B) a computer device that performs calculations or processes data related to water
206+treatment or water delivery; and
208207 100
209-treatment or water delivery; and
208+(C) a network device or server that allows an authorized employee to remotely
210209 101
211-(C) a network device or server that allows an authorized employee to remotely
210+access a computer system or computer device that monitors or controls water
212211 102
213-access a computer system or computer device that monitors or controls water
212+treatment or water delivery.
214213 103
215-treatment or water delivery.
214+(c) "Operational technology" means a hardware, software, or firmware component of a
216215 104
217-(c) "Operational technology" means a hardware, software, or firmware component of a
216+control system.
218217 105
219-control system.
218+(d) "Secure area" means an area in a community water system that is not normally
220219 106
221-(d) "Secure area" means an area in a community water system that is not normally
220+accessible by the public.
222221 107
223-accessible by the public.
222+(e)(i) "Security breach" means an incident that threatens the security of a community
224223 108
225-(e)(i) "Security breach" means an incident that threatens the security of a community
224+water system with the potential to impact the quality or quantity of delivered
226225 109
227-water system with the potential to impact the quality or quantity of delivered
226+water.
228227 110
229-water.
228+(ii) "Security breach" includes:
230229 111
231-(ii) "Security breach" includes:
230+(A) a physical breach to a secure area by an individual other than an authorized
232231 112
233-(A) a breach of an operational technology or control system; or
232+employee;
234233 113
235-(B) an unauthorized attempt to delete, disable, destroy, or override data, an
234+(B) a breach of an operational technology or control system; or
236235 114
236+(C) an unauthorized attempt to delete, disable, destroy, or override data, an
237+115
237238 application, a device, or a computer network.
238-115
239-(2)(a) By no later than December 31, 2025, and July 1 annually thereafter, a supplier of
240239 116
241-a community water system serving a population of 10,000 or greater shall complete a
240+(2)(a) By no later than July 1, 2025, and annually thereafter, a supplier of a community
242241 117
243-security plan.
242+water system serving a population of 10,000 or greater shall complete a security plan.
244243 118
245244 (b) By no later than July 1, 2026, and annually thereafter, a supplier of a community
246245 119
247246 water system serving a population less than 10,000 shall complete a security plan.
248247 120
249248 (c) A supplier of a community water system shall report to the division on or before July
250249 121
251250 1 of each year whether the supplier has completed a security plan described in this
252251 122
253252 Subsection (2).
254253 123
255254 (d) A security plan described in this Subsection (2) shall include a requirement to:
256255 124
257256 (i) support and regularly update software used in a control system;
258257 125
259-(ii) deploy and maintain network protection for a control system, as needed;
258+(ii) adopt best practices for secure passwords;
260259 126
261-(iii) adopt best practices for secure authentication;
260+(iii) provide annual cybersecurity training to an employee who has regular access to
262261 127
263-(iv) provide annual cybersecurity training to an employee who has regular access to
262+an operational technology or control system;
264263 128
265-an operational technology or control system;
264+(iv) complete an internal assessment of the community water system's security
266265 129
267-(v) complete an internal assessment of the community water system's security
266+vulnerabilities;
268267 130
269-vulnerabilities and implement corrective controls to address a security
270-- 4 - 02-26 09:18 1st Sub. (Buff) H.B. 492
268+(v) promptly remove access to all operational technology and control systems from
271269 131
272-vulnerability;
270+an employee whose employment is terminated;
273271 132
274-(vi) promptly remove access to all operational technology and control systems from
272+(vi) prohibit an unauthorized copying of software and data;
273+- 4 - 02-12 13:05 H.B. 492
275274 133
276-an employee whose employment is terminated;
275+(vii) ensure that an automated operational technology or control system can be
277276 134
278-(vii) prohibit an unauthorized copying of software and data;
277+operated manually, as needed;
279278 135
280-(viii) ensure that an automated operational technology or control system can be
279+(viii) report a security breach in accordance with Subsection (3);
281280 136
282-operated manually, as needed;
281+(ix) adopt other security and records management requirements in conformity with
283282 137
284-(ix) report a security breach in accordance with Subsection (3);
283+federal requirements; and
285284 138
286-(x) adopt other security and records management requirements in conformity with
285+(x) comply with a security directive by the director.
287286 139
288-federal requirements; and
287+(e) A supplier of a community water system shall make available to the director or the
289288 140
290-(xi) comply with a security directive by the director.
289+director's authorized representative, upon request:
291290 141
292-(e) A supplier of a community water system shall make available for review to the
291+(i) the supplier's security plan under this Subsection (2);
293292 142
294-director or the director's authorized representative, upon request:
293+(ii) an incident report; and
295294 143
296-(i) the supplier's security plan under this Subsection (2);
295+(iii) any information related to a security plan as requested by the director.
297296 144
298-(ii) an incident report; and
297+(3)(a) A supplier of a community water system shall report a security breach no later
299298 145
300-(iii) any information related to a security plan as requested by the director.
299+than two hours after the supplier discovers the security breach to the Utah Cyber
301300 146
302-(f) For resources not related to water treatment and delivery owned or managed by a
301+Center created in Section 63A-16-1102.
303302 147
304-supplier of a community water system, the supplier may:
303+(b) The Utah Cyber Center shall notify the division of a reported security breach
305304 148
306-(i) create a different security plan from the security plan described in this Subsection
305+described in Subsection (3)(a) as soon as possible, but not later than one day after
307306 149
308-(2); or
307+receiving the report from the supplier.
309308 150
310-(ii) incorporate the security plan developed under this Subsection (2), or any part
309+(4)(a) By no later than October 31 of each year, the division shall submit a report on
311310 151
312-thereof, into the security plan for the resource not related to water treatment and
311+security at community water systems in the state to:
313312 152
314-delivery.
313+(i) the Natural Resources, Agriculture, and Environment Interim Committee; and
315314 153
316-(3)(a) A supplier of a community water system shall report a security breach no later
315+(ii) the Public Utilities, Energy, and Technology Interim Committee.
317316 154
318-than two hours after the supplier discovers the security breach to the Utah Cyber
317+(b) The report described in this Subsection (4) shall include:
319318 155
320-Center created in Section 63A-16-1102.
319+(i) information collected by the division regarding security incidents and security
321320 156
322-(b) The Utah Cyber Center shall notify the division of a reported security breach
321+plans at community water systems in the state; and
323322 157
324-described in Subsection (3)(a) as soon as possible, but not later than one day after
323+(ii) recommendations from the division, if any, for legislative action and funding to
325324 158
326-receiving the report from the supplier.
325+improve physical and electronic security at community water systems.
327326 159
328-(4)(a) By no later than October 31 of each year, the division shall submit a report on
327+(5) The director shall provide information and technical resources to a community water
329328 160
330-security at community water systems in the state to:
329+system completing a security plan described in Subsection (2).
331330 161
332-(i) the Natural Resources, Agriculture, and Environment Interim Committee; and
331+Section 3. Section 63G-2-305 is amended to read:
333332 162
334-(ii) the Public Utilities, Energy, and Technology Interim Committee.
333+63G-2-305 (Effective 05/07/25). Protected records.
335334 163
336-(b) The report described in this Subsection (4) shall include:
335+ The following records are protected if properly classified by a governmental entity:
337336 164
338-(i) information collected by the division regarding security incidents and security
339-- 5 - 1st Sub. (Buff) H.B. 492 02-26 09:18
337+(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
340338 165
341-plans at community water systems in the state; and
339+provided the governmental entity with the information specified in Section 63G-2-309;
342340 166
343-(ii) recommendations from the division, if any, for legislative action and funding to
341+(2) commercial information or nonindividual financial information obtained from a person
342+- 5 - H.B. 492 02-12 13:05
344343 167
345-improve physical and electronic security at community water systems.
344+if:
346345 168
347-(5) The director shall provide information and technical resources to a community water
346+(a) disclosure of the information could reasonably be expected to result in unfair
348347 169
349-system completing a security plan described in Subsection (2).
348+competitive injury to the person submitting the information or would impair the
350349 170
351-Section 3. Section 63G-2-305 is amended to read:
350+ability of the governmental entity to obtain necessary information in the future;
352351 171
353-63G-2-305 (Effective 05/07/25). Protected records.
352+(b) the person submitting the information has a greater interest in prohibiting access than
354353 172
355- The following records are protected if properly classified by a governmental entity:
354+the public in obtaining access; and
356355 173
357-(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
356+(c) the person submitting the information has provided the governmental entity with the
358357 174
359-provided the governmental entity with the information specified in Section 63G-2-309;
358+information specified in Section 63G-2-309;
360359 175
361-(2) commercial information or nonindividual financial information obtained from a person
360+(3) commercial or financial information acquired or prepared by a governmental entity to
362361 176
363-if:
362+the extent that disclosure would lead to financial speculations in currencies, securities, or
364363 177
365-(a) disclosure of the information could reasonably be expected to result in unfair
364+commodities that will interfere with a planned transaction by the governmental entity or
366365 178
367-competitive injury to the person submitting the information or would impair the
366+cause substantial financial injury to the governmental entity or state economy;
368367 179
369-ability of the governmental entity to obtain necessary information in the future;
368+(4) records, the disclosure of which could cause commercial injury to, or confer a
370369 180
371-(b) the person submitting the information has a greater interest in prohibiting access than
370+competitive advantage upon a potential or actual competitor of, a commercial project
372371 181
373-the public in obtaining access; and
372+entity as defined in Subsection 11-13-103(4);
374373 182
375-(c) the person submitting the information has provided the governmental entity with the
374+(5) test questions and answers to be used in future license, certification, registration,
376375 183
377-information specified in Section 63G-2-309;
376+employment, or academic examinations;
378377 184
379-(3) commercial or financial information acquired or prepared by a governmental entity to
378+(6) records, the disclosure of which would impair governmental procurement proceedings
380379 185
381-the extent that disclosure would lead to financial speculations in currencies, securities, or
380+or give an unfair advantage to any person proposing to enter into a contract or agreement
382381 186
383-commodities that will interfere with a planned transaction by the governmental entity or
382+with a governmental entity, except, subject to Subsections (1) and (2), that this
384383 187
385-cause substantial financial injury to the governmental entity or state economy;
384+Subsection (6) does not restrict the right of a person to have access to, after the contract
386385 188
387-(4) records, the disclosure of which could cause commercial injury to, or confer a
386+or grant has been awarded and signed by all parties:
388387 189
389-competitive advantage upon a potential or actual competitor of, a commercial project
388+(a) a bid, proposal, application, or other information submitted to or by a governmental
390389 190
391-entity as defined in Subsection 11-13-103(4);
390+entity in response to:
392391 191
393-(5) test questions and answers to be used in future license, certification, registration,
392+(i) an invitation for bids;
394393 192
395-employment, or academic examinations;
394+(ii) a request for proposals;
396395 193
397-(6) records, the disclosure of which would impair governmental procurement proceedings
396+(iii) a request for quotes;
398397 194
399-or give an unfair advantage to any person proposing to enter into a contract or agreement
398+(iv) a grant; or
400399 195
401-with a governmental entity, except, subject to Subsections (1) and (2), that this
400+(v) other similar document; or
402401 196
403-Subsection (6) does not restrict the right of a person to have access to, after the contract
402+(b) an unsolicited proposal, as defined in Section 63G-6a-712;
404403 197
405-or grant has been awarded and signed by all parties:
404+(7) information submitted to or by a governmental entity in response to a request for
406405 198
407-(a) a bid, proposal, application, or other information submitted to or by a governmental
408-- 6 - 02-26 09:18 1st Sub. (Buff) H.B. 492
406+information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
409407 199
410-entity in response to:
408+restrict the right of a person to have access to the information, after:
411409 200
412-(i) an invitation for bids;
410+(a) a contract directly relating to the subject of the request for information has been
411+- 6 - 02-12 13:05 H.B. 492
413412 201
414-(ii) a request for proposals;
413+awarded and signed by all parties; or
415414 202
416-(iii) a request for quotes;
415+(b)(i) a final determination is made not to enter into a contract that relates to the
417416 203
418-(iv) a grant; or
417+subject of the request for information; and
419418 204
420-(v) other similar document; or
419+(ii) at least two years have passed after the day on which the request for information
421420 205
422-(b) an unsolicited proposal, as defined in Section 63G-6a-712;
421+is issued;
423422 206
424-(7) information submitted to or by a governmental entity in response to a request for
423+(8) records that would identify real property or the appraisal or estimated value of real or
425424 207
426-information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
425+personal property, including intellectual property, under consideration for public
427426 208
428-restrict the right of a person to have access to the information, after:
427+acquisition before any rights to the property are acquired unless:
429428 209
430-(a) a contract directly relating to the subject of the request for information has been
429+(a) public interest in obtaining access to the information is greater than or equal to the
431430 210
432-awarded and signed by all parties; or
431+governmental entity's need to acquire the property on the best terms possible;
433432 211
434-(b)(i) a final determination is made not to enter into a contract that relates to the
433+(b) the information has already been disclosed to persons not employed by or under a
435434 212
436-subject of the request for information; and
435+duty of confidentiality to the entity;
437436 213
438-(ii) at least two years have passed after the day on which the request for information
437+(c) in the case of records that would identify property, potential sellers of the described
439438 214
440-is issued;
439+property have already learned of the governmental entity's plans to acquire the
441440 215
442-(8) records that would identify real property or the appraisal or estimated value of real or
441+property;
443442 216
444-personal property, including intellectual property, under consideration for public
443+(d) in the case of records that would identify the appraisal or estimated value of
445444 217
446-acquisition before any rights to the property are acquired unless:
445+property, the potential sellers have already learned of the governmental entity's
447446 218
448-(a) public interest in obtaining access to the information is greater than or equal to the
447+estimated value of the property; or
449448 219
450-governmental entity's need to acquire the property on the best terms possible;
449+(e) the property under consideration for public acquisition is a single family residence
451450 220
452-(b) the information has already been disclosed to persons not employed by or under a
451+and the governmental entity seeking to acquire the property has initiated negotiations
453452 221
454-duty of confidentiality to the entity;
453+to acquire the property as required under Section 78B-6-505;
455454 222
456-(c) in the case of records that would identify property, potential sellers of the described
455+(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
457456 223
458-property have already learned of the governmental entity's plans to acquire the
457+transaction of real or personal property including intellectual property, which, if
459458 224
460-property;
459+disclosed prior to completion of the transaction, would reveal the appraisal or estimated
461460 225
462-(d) in the case of records that would identify the appraisal or estimated value of
461+value of the subject property, unless:
463462 226
464-property, the potential sellers have already learned of the governmental entity's
463+(a) the public interest in access is greater than or equal to the interests in restricting
465464 227
466-estimated value of the property; or
465+access, including the governmental entity's interest in maximizing the financial
467466 228
468-(e) the property under consideration for public acquisition is a single family residence
467+benefit of the transaction; or
469468 229
470-and the governmental entity seeking to acquire the property has initiated negotiations
469+(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
471470 230
472-to acquire the property as required under Section 78B-6-505;
471+the value of the subject property have already been disclosed to persons not
473472 231
474-(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
473+employed by or under a duty of confidentiality to the entity;
475474 232
476-transaction of real or personal property including intellectual property, which, if
477-- 7 - 1st Sub. (Buff) H.B. 492 02-26 09:18
475+(10) records created or maintained for civil, criminal, or administrative enforcement
478476 233
479-disclosed prior to completion of the transaction, would reveal the appraisal or estimated
477+purposes or audit purposes, or for discipline, licensing, certification, or registration
480478 234
481-value of the subject property, unless:
479+purposes, if release of the records:
480+- 7 - H.B. 492 02-12 13:05
482481 235
483-(a) the public interest in access is greater than or equal to the interests in restricting
482+(a) reasonably could be expected to interfere with investigations undertaken for
484483 236
485-access, including the governmental entity's interest in maximizing the financial
484+enforcement, discipline, licensing, certification, or registration purposes;
486485 237
487-benefit of the transaction; or
486+(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
488487 238
489-(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
488+proceedings;
490489 239
491-the value of the subject property have already been disclosed to persons not
490+(c) would create a danger of depriving a person of a right to a fair trial or impartial
492491 240
493-employed by or under a duty of confidentiality to the entity;
492+hearing;
494493 241
495-(10) records created or maintained for civil, criminal, or administrative enforcement
494+(d) reasonably could be expected to disclose the identity of a source who is not generally
496495 242
497-purposes or audit purposes, or for discipline, licensing, certification, or registration
496+known outside of government and, in the case of a record compiled in the course of
498497 243
499-purposes, if release of the records:
498+an investigation, disclose information furnished by a source not generally known
500499 244
501-(a) reasonably could be expected to interfere with investigations undertaken for
500+outside of government if disclosure would compromise the source; or
502501 245
503-enforcement, discipline, licensing, certification, or registration purposes;
502+(e) reasonably could be expected to disclose investigative or audit techniques,
504503 246
505-(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
504+procedures, policies, or orders not generally known outside of government if
506505 247
507-proceedings;
506+disclosure would interfere with enforcement or audit efforts;
508507 248
509-(c) would create a danger of depriving a person of a right to a fair trial or impartial
508+(11) records the disclosure of which would jeopardize the life or safety of an individual;
510509 249
511-hearing;
510+(12) records the disclosure of which would jeopardize the security of governmental
512511 250
513-(d) reasonably could be expected to disclose the identity of a source who is not generally
512+property, governmental programs, or governmental recordkeeping systems from
514513 251
515-known outside of government and, in the case of a record compiled in the course of
514+damage, theft, or other appropriation or use contrary to law or public policy;
516515 252
517-an investigation, disclose information furnished by a source not generally known
516+(13) records that, if disclosed, would jeopardize the security or safety of a correctional
518517 253
519-outside of government if disclosure would compromise the source; or
518+facility, or records relating to incarceration, treatment, probation, or parole, that would
520519 254
521-(e) reasonably could be expected to disclose investigative or audit techniques,
520+interfere with the control and supervision of an offender's incarceration, treatment,
522521 255
523-procedures, policies, or orders not generally known outside of government if
522+probation, or parole;
524523 256
525-disclosure would interfere with enforcement or audit efforts;
524+(14) records that, if disclosed, would reveal recommendations made to the Board of
526525 257
527-(11) records the disclosure of which would jeopardize the life or safety of an individual;
526+Pardons and Parole by an employee of or contractor for the Department of Corrections,
528527 258
529-(12) records the disclosure of which would jeopardize the security of governmental
528+the Board of Pardons and Parole, or the Department of Health and Human Services that
530529 259
531-property, governmental programs, or governmental recordkeeping systems from
530+are based on the employee's or contractor's supervision, diagnosis, or treatment of any
532531 260
533-damage, theft, or other appropriation or use contrary to law or public policy;
532+person within the board's jurisdiction;
534533 261
535-(13) records that, if disclosed, would jeopardize the security or safety of a correctional
534+(15) records and audit workpapers that identify audit, collection, and operational procedures
536535 262
537-facility, or records relating to incarceration, treatment, probation, or parole, that would
536+and methods used by the State Tax Commission, if disclosure would interfere with
538537 263
539-interfere with the control and supervision of an offender's incarceration, treatment,
538+audits or collections;
540539 264
541-probation, or parole;
540+(16) records of a governmental audit agency relating to an ongoing or planned audit until
542541 265
543-(14) records that, if disclosed, would reveal recommendations made to the Board of
542+the final audit is released;
544543 266
545-Pardons and Parole by an employee of or contractor for the Department of Corrections,
546-- 8 - 02-26 09:18 1st Sub. (Buff) H.B. 492
544+(17) records that are subject to the attorney client privilege;
547545 267
548-the Board of Pardons and Parole, or the Department of Health and Human Services that
546+(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
549547 268
550-are based on the employee's or contractor's supervision, diagnosis, or treatment of any
548+employee, or agent of a governmental entity for, or in anticipation of, litigation or a
549+- 8 - 02-12 13:05 H.B. 492
551550 269
552-person within the board's jurisdiction;
551+judicial, quasi-judicial, or administrative proceeding;
553552 270
554-(15) records and audit workpapers that identify audit, collection, and operational procedures
553+(19)(a)(i) personal files of a state legislator, including personal correspondence to or
555554 271
556-and methods used by the State Tax Commission, if disclosure would interfere with
555+from a member of the Legislature; and
557556 272
558-audits or collections;
557+(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
559558 273
560-(16) records of a governmental audit agency relating to an ongoing or planned audit until
559+legislative action or policy may not be classified as protected under this section;
561560 274
562-the final audit is released;
561+and
563562 275
564-(17) records that are subject to the attorney client privilege;
563+(b)(i) an internal communication that is part of the deliberative process in connection
565564 276
566-(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
565+with the preparation of legislation between:
567566 277
568-employee, or agent of a governmental entity for, or in anticipation of, litigation or a
567+(A) members of a legislative body;
569568 278
570-judicial, quasi-judicial, or administrative proceeding;
569+(B) a member of a legislative body and a member of the legislative body's staff; or
571570 279
572-(19)(a)(i) personal files of a state legislator, including personal correspondence to or
571+(C) members of a legislative body's staff; and
573572 280
574-from a member of the Legislature; and
573+(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
575574 281
576-(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
575+legislative action or policy may not be classified as protected under this section;
577576 282
578-legislative action or policy may not be classified as protected under this section;
577+(20)(a) records in the custody or control of the Office of Legislative Research and
579578 283
579+General Counsel, that, if disclosed, would reveal a particular legislator's
580+284
581+contemplated legislation or contemplated course of action before the legislator has
582+285
583+elected to support the legislation or course of action, or made the legislation or course
584+286
585+of action public; and
586+287
587+(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
588+288
589+Office of Legislative Research and General Counsel is a public document unless a
590+289
591+legislator asks that the records requesting the legislation be maintained as protected
592+290
593+records until such time as the legislator elects to make the legislation or course of
594+291
595+action public;
596+292
597+(21) a research request from a legislator to a legislative staff member and research findings
598+293
599+prepared in response to the request;
600+294
601+(22) drafts, unless otherwise classified as public;
602+295
603+(23) records concerning a governmental entity's strategy about:
604+296
605+(a) collective bargaining; or
606+297
607+(b) imminent or pending litigation;
608+298
609+(24) records of investigations of loss occurrences and analyses of loss occurrences that may
610+299
611+be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
612+300
613+Uninsured Employers' Fund, or similar divisions in other governmental entities;
614+301
615+(25) records, other than personnel evaluations, that contain a personal recommendation
616+302
617+concerning an individual if disclosure would constitute a clearly unwarranted invasion
618+- 9 - H.B. 492 02-12 13:05
619+303
620+of personal privacy, or disclosure is not in the public interest;
621+304
622+(26) records that reveal the location of historic, prehistoric, paleontological, or biological
623+305
624+resources that if known would jeopardize the security of those resources or of valuable
625+306
626+historic, scientific, educational, or cultural information;
627+307
628+(27) records of independent state agencies if the disclosure of the records would conflict
629+308
630+with the fiduciary obligations of the agency;
631+309
632+(28) records of an institution within the state system of higher education defined in Section
633+310
634+53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
635+311
636+retention decisions, and promotions, which could be properly discussed in a meeting
637+312
638+closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
639+313
640+that records of the final decisions about tenure, appointments, retention, promotions, or
641+314
642+those students admitted, may not be classified as protected under this section;
643+315
644+(29) records of the governor's office, including budget recommendations, legislative
645+316
646+proposals, and policy statements, that if disclosed would reveal the governor's
647+317
648+contemplated policies or contemplated courses of action before the governor has
649+318
650+implemented or rejected those policies or courses of action or made them public;
651+319
652+(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
653+320
654+revenue estimates, and fiscal notes of proposed legislation before issuance of the final
655+321
656+recommendations in these areas;
657+322
658+(31) records provided by the United States or by a government entity outside the state that
659+323
660+are given to the governmental entity with a requirement that they be managed as
661+324
662+protected records if the providing entity certifies that the record would not be subject to
663+325
664+public disclosure if retained by it;
665+326
666+(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
667+327
668+public body except as provided in Section 52-4-206;
669+328
670+(33) records that would reveal the contents of settlement negotiations but not including final
671+329
672+settlements or empirical data to the extent that they are not otherwise exempt from
673+330
674+disclosure;
675+331
676+(34) memoranda prepared by staff and used in the decision-making process by an
677+332
678+administrative law judge, a member of the Board of Pardons and Parole, or a member of
679+333
680+any other body charged by law with performing a quasi-judicial function;
681+334
682+(35) records that would reveal negotiations regarding assistance or incentives offered by or
683+335
684+requested from a governmental entity for the purpose of encouraging a person to expand
685+336
686+or locate a business in Utah, but only if disclosure would result in actual economic harm
687+- 10 - 02-12 13:05 H.B. 492
688+337
689+to the person or place the governmental entity at a competitive disadvantage, but this
690+338
691+section may not be used to restrict access to a record evidencing a final contract;
692+339
693+(36) materials to which access must be limited for purposes of securing or maintaining the
694+340
695+governmental entity's proprietary protection of intellectual property rights including
696+341
697+patents, copyrights, and trade secrets;
698+342
699+(37) the name of a donor or a prospective donor to a governmental entity, including an
700+343
701+institution within the state system of higher education defined in Section 53B-1-102, and
702+344
703+other information concerning the donation that could reasonably be expected to reveal
704+345
705+the identity of the donor, provided that:
706+346
707+(a) the donor requests anonymity in writing;
708+347
709+(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
710+348
711+classified protected by the governmental entity under this Subsection (37); and
712+349
713+(c) except for an institution within the state system of higher education defined in
714+350
715+Section 53B-1-102, the governmental unit to which the donation is made is primarily
716+351
717+engaged in educational, charitable, or artistic endeavors, and has no regulatory or
718+352
719+legislative authority over the donor, a member of the donor's immediate family, or
720+353
721+any entity owned or controlled by the donor or the donor's immediate family;
722+354
723+(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
724+355
725+(39) a notification of workers' compensation insurance coverage described in Section
726+356
727+34A-2-205;
728+357
729+(40)(a) the following records of an institution within the state system of higher education
730+358
731+defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
732+359
733+or received by or on behalf of faculty, staff, employees, or students of the institution:
734+360
735+(i) unpublished lecture notes;
736+361
737+(ii) unpublished notes, data, and information:
738+362
739+(A) relating to research; and
740+363
741+(B) of:
742+364
743+(I) the institution within the state system of higher education defined in Section
744+365
745+53B-1-102; or
746+366
747+(II) a sponsor of sponsored research;
748+367
749+(iii) unpublished manuscripts;
750+368
751+(iv) creative works in process;
752+369
753+(v) scholarly correspondence; and
754+370
755+(vi) confidential information contained in research proposals;
756+- 11 - H.B. 492 02-12 13:05
757+371
758+(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
759+372
760+required pursuant to Subsection 53B-16-302(2)(a) or (b); and
761+373
762+(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
763+374
764+(41)(a) records in the custody or control of the Office of the Legislative Auditor General
765+375
766+that would reveal the name of a particular legislator who requests a legislative audit
767+376
768+prior to the date that audit is completed and made public; and
769+377
770+(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
771+378
772+Office of the Legislative Auditor General is a public document unless the legislator
773+379
774+asks that the records in the custody or control of the Office of the Legislative Auditor
775+380
776+General that would reveal the name of a particular legislator who requests a
777+381
778+legislative audit be maintained as protected records until the audit is completed and
779+382
780+made public;
781+383
782+(42) records that provide detail as to the location of an explosive, including a map or other
783+384
784+document that indicates the location of:
785+385
786+(a) a production facility; or
787+386
788+(b) a magazine;
789+387
790+(43) information contained in the statewide database of the Division of Aging and Adult
791+388
792+Services created by Section 26B-6-210;
793+389
794+(44) information contained in the Licensing Information System described in Title 80,
795+390
796+Chapter 2, Child Welfare Services;
797+391
798+(45) information regarding National Guard operations or activities in support of the
799+392
800+National Guard's federal mission;
801+393
802+(46) records provided by any pawn or secondhand business to a law enforcement agency or
803+394
804+to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
805+395
806+Merchandise, and Catalytic Converter Transaction Information Act;
807+396
808+(47) information regarding food security, risk, and vulnerability assessments performed by
809+397
810+the Department of Agriculture and Food;
811+398
812+(48) except to the extent that the record is exempt from this chapter pursuant to Section
813+399
814+63G-2-106, records related to an emergency plan or program, a copy of which is
815+400
816+provided to or prepared or maintained by the Division of Emergency Management, and
817+401
818+the disclosure of which would jeopardize:
819+402
820+(a) the safety of the general public; or
821+403
822+(b) the security of:
823+404
824+(i) governmental property;
825+- 12 - 02-12 13:05 H.B. 492
826+405
827+(ii) governmental programs; or
828+406
829+(iii) the property of a private person who provides the Division of Emergency
830+407
831+Management information;
832+408
833+(49) records of the Department of Agriculture and Food that provides for the identification,
834+409
835+tracing, or control of livestock diseases, including any program established under Title
836+410
837+4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
838+411
839+of Animal Disease;
840+412
841+(50) as provided in Section 26B-2-709:
842+413
843+(a) information or records held by the Department of Health and Human Services related
844+414
845+to a complaint regarding a provider, program, or facility which the department is
846+415
847+unable to substantiate; and
848+416
849+(b) information or records related to a complaint received by the Department of Health
850+417
851+and Human Services from an anonymous complainant regarding a provider, program,
852+418
853+or facility;
854+419
855+(51) unless otherwise classified as public under Section 63G-2-301 and except as provided
856+420
857+under Section 41-1a-116, an individual's home address, home telephone number, or
858+421
859+personal mobile phone number, if:
860+422
861+(a) the individual is required to provide the information in order to comply with a law,
862+423
863+ordinance, rule, or order of a government entity; and
864+424
865+(b) the subject of the record has a reasonable expectation that this information will be
866+425
867+kept confidential due to:
868+426
869+(i) the nature of the law, ordinance, rule, or order; and
870+427
871+(ii) the individual complying with the law, ordinance, rule, or order;
872+428
873+(52) the portion of the following documents that contains a candidate's residential or
874+429
875+mailing address, if the candidate provides to the filing officer another address or phone
876+430
877+number where the candidate may be contacted:
878+431
879+(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
880+432
881+described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
882+433
883+20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
884+434
885+(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
886+435
887+(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
888+436
889+(53) the name, home address, work addresses, and telephone numbers of an individual that
890+437
891+is engaged in, or that provides goods or services for, medical or scientific research that is:
892+438
893+(a) conducted within the state system of higher education, as defined in Section
894+- 13 - H.B. 492 02-12 13:05
895+439
896+53B-1-102; and
897+440
898+(b) conducted using animals;
899+441
900+(54) in accordance with Section 78A-12-203, any record of the Judicial Performance
901+442
902+Evaluation Commission concerning an individual commissioner's vote, in relation to
903+443
904+whether a judge meets or exceeds minimum performance standards under Subsection
905+444
906+78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
907+445
908+(55) information collected and a report prepared by the Judicial Performance Evaluation
909+446
910+Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
911+447
912+Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
913+448
914+public, the information or report;
915+449
916+(56) records provided or received by the Public Lands Policy Coordinating Office in
917+450
918+furtherance of any contract or other agreement made in accordance with Section
919+451
920+63L-11-202;
921+452
922+(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
923+453
924+(58) in accordance with Section 73-10-33:
925+454
926+(a) a management plan for a water conveyance facility in the possession of the Division
927+455
928+of Water Resources or the Board of Water Resources; or
929+456
930+(b) an outline of an emergency response plan in possession of the state or a county or
931+457
932+municipality;
933+458
934+(59) the following records in the custody or control of the Office of Inspector General of
935+459
936+Medicaid Services, created in Section 63A-13-201:
937+460
938+(a) records that would disclose information relating to allegations of personal
939+461
940+misconduct, gross mismanagement, or illegal activity of a person if the information
941+462
942+or allegation cannot be corroborated by the Office of Inspector General of Medicaid
943+463
944+Services through other documents or evidence, and the records relating to the
945+464
946+allegation are not relied upon by the Office of Inspector General of Medicaid
947+465
948+Services in preparing a final investigation report or final audit report;
949+466
950+(b) records and audit workpapers to the extent they would disclose the identity of a
951+467
952+person who, during the course of an investigation or audit, communicated the
953+468
954+existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
955+469
956+violation of a law, rule, or regulation adopted under the laws of this state, a political
957+470
958+subdivision of the state, or any recognized entity of the United States, if the
959+471
960+information was disclosed on the condition that the identity of the person be
961+472
962+protected;
963+- 14 - 02-12 13:05 H.B. 492
964+473
965+(c) before the time that an investigation or audit is completed and the final investigation
966+474
967+or final audit report is released, records or drafts circulated to a person who is not an
968+475
969+employee or head of a governmental entity for the person's response or information;
970+476
971+(d) records that would disclose an outline or part of any investigation, audit survey plan,
972+477
973+or audit program; or
974+478
975+(e) requests for an investigation or audit, if disclosure would risk circumvention of an
976+479
977+investigation or audit;
978+480
979+(60) records that reveal methods used by the Office of Inspector General of Medicaid
980+481
981+Services, the fraud unit, or the Department of Health and Human Services, to discover
982+482
983+Medicaid fraud, waste, or abuse;
984+483
985+(61) information provided to the Department of Health and Human Services or the Division
986+484
987+of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
988+485
989+58-68-304(3) and (4);
990+486
991+(62) a record described in Section 63G-12-210;
992+487
993+(63) captured plate data that is obtained through an automatic license plate reader system
994+488
995+used by a governmental entity as authorized in Section 41-6a-2003;
996+489
997+(64) an audio or video recording created by a body-worn camera, as that term is defined in
998+490
999+Section 77-7a-103, that records sound or images inside a hospital or health care facility
1000+491
1001+as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
1002+492
1003+as that term is defined in Section 78B-3-403, or inside a human service program as that
1004+493
1005+term is defined in Section 26B-2-101, except for recordings that:
1006+494
1007+(a) depict the commission of an alleged crime;
1008+495
1009+(b) record any encounter between a law enforcement officer and a person that results in
1010+496
1011+death or bodily injury, or includes an instance when an officer fires a weapon;
1012+497
1013+(c) record any encounter that is the subject of a complaint or a legal proceeding against a
1014+498
1015+law enforcement officer or law enforcement agency;
1016+499
1017+(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
1018+500
1019+or
1020+501
1021+(e) have been requested for reclassification as a public record by a subject or authorized
1022+502
1023+agent of a subject featured in the recording;
1024+503
1025+(65) a record pertaining to the search process for a president of an institution of higher
1026+504
1027+education described in Section 53B-2-102, except for application materials for a publicly
1028+505
1029+announced finalist;
1030+506
1031+(66) an audio recording that is:
1032+- 15 - H.B. 492 02-12 13:05
1033+507
1034+(a) produced by an audio recording device that is used in conjunction with a device or
1035+508
1036+piece of equipment designed or intended for resuscitating an individual or for treating
1037+509
1038+an individual with a life-threatening condition;
1039+510
1040+(b) produced during an emergency event when an individual employed to provide law
1041+511
1042+enforcement, fire protection, paramedic, emergency medical, or other first responder
1043+512
1044+service:
1045+513
1046+(i) is responding to an individual needing resuscitation or with a life-threatening
1047+514
1048+condition; and
1049+515
1050+(ii) uses a device or piece of equipment designed or intended for resuscitating an
1051+516
1052+individual or for treating an individual with a life-threatening condition; and
1053+517
1054+(c) intended and used for purposes of training emergency responders how to improve
1055+518
1056+their response to an emergency situation;
1057+519
1058+(67) records submitted by or prepared in relation to an applicant seeking a recommendation
1059+520
1060+by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
1061+521
1062+Audit Subcommittee, established under Section 36-12-8, for an employment position
1063+522
1064+with the Legislature;
1065+523
1066+(68) work papers as defined in Section 31A-2-204;
1067+524
1068+(69) a record made available to Adult Protective Services or a law enforcement agency
1069+525
1070+under Section 61-1-206;
1071+526
1072+(70) a record submitted to the Insurance Department in accordance with Section
1073+527
1074+31A-37-201;
1075+528
1076+(71) a record described in Section 31A-37-503;
1077+529
1078+(72) any record created by the Division of Professional Licensing as a result of Subsection
1079+530
1080+58-37f-304(5) or 58-37f-702(2)(a)(ii);
1081+531
1082+(73) a record described in Section 72-16-306 that relates to the reporting of an injury
1083+532
1084+involving an amusement ride;
1085+533
1086+(74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
1087+534
1088+political petition, or on a request to withdraw a signature from a political petition,
1089+535
1090+including a petition or request described in the following titles:
1091+536
1092+(a) Title 10, Utah Municipal Code;
1093+537
1094+(b) Title 17, Counties;
1095+538
1096+(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
1097+539
1098+(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1099+540
1100+(e) Title 20A, Election Code;
1101+- 16 - 02-12 13:05 H.B. 492
1102+541
1103+(75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
1104+542
1105+voter registration record;
1106+543
1107+(76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
1108+544
1109+described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
1110+545
1111+political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1112+546
1113+(77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
1114+547
1115+Victims Guidelines for Prosecutors Act;
1116+548
1117+(78) a record submitted to the Insurance Department under Section 31A-48-103;
1118+549
1119+(79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1120+550
1121+prohibited under Section 63G-26-103;
1122+551
1123+(80) an image taken of an individual during the process of booking the individual into jail,
1124+552
1125+unless:
1126+553
1127+(a) the individual is convicted of a criminal offense based upon the conduct for which
1128+554
1129+the individual was incarcerated at the time the image was taken;
1130+555
1131+(b) a law enforcement agency releases or disseminates the image:
1132+556
1133+(i) after determining that the individual is a fugitive or an imminent threat to an
1134+557
1135+individual or to public safety and releasing or disseminating the image will assist
1136+558
1137+in apprehending the individual or reducing or eliminating the threat; or
1138+559
1139+(ii) to a potential witness or other individual with direct knowledge of events relevant
1140+560
1141+to a criminal investigation or criminal proceeding for the purpose of identifying or
1142+561
1143+locating an individual in connection with the criminal investigation or criminal
1144+562
1145+proceeding;
1146+563
1147+(c) a judge orders the release or dissemination of the image based on a finding that the
1148+564
1149+release or dissemination is in furtherance of a legitimate law enforcement interest; or
1150+565
1151+(d) the image is displayed to a person who is permitted to view the image under Section
1152+566
1153+17-22-30[.] ;
1154+567
1155+(81) a record:
1156+568
1157+(a) concerning an interstate claim to the use of waters in the Colorado River system;
1158+569
1159+(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1160+570
1161+representative from another state or the federal government as provided in Section
1162+571
1163+63M-14-205; and
1164+572
1165+(c) the disclosure of which would:
1166+573
1167+(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1168+574
1169+Colorado River system;
1170+- 17 - H.B. 492 02-12 13:05
1171+575
1172+(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1173+576
1174+negotiate the best terms and conditions regarding the use of water in the Colorado
1175+577
1176+River system; or
1177+578
1178+(iii) give an advantage to another state or to the federal government in negotiations
1179+579
1180+regarding the use of water in the Colorado River system;
1181+580
1182+(82) any part of an application described in Section 63N-16-201 that the Governor's Office
1183+581
1184+of Economic Opportunity determines is nonpublic, confidential information that if
1185+582
1186+disclosed would result in actual economic harm to the applicant, but this Subsection (82)
1187+583
1188+may not be used to restrict access to a record evidencing a final contract or approval
1189+584
1190+decision;
1191+585
1192+(83) the following records of a drinking water or wastewater facility:
1193+586
1194+(a) an engineering or architectural drawing of the drinking water or wastewater facility;[
1195+587
1196+and]
1197+588
1198+(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1199+589
1200+drinking water or wastewater facility uses to secure, or prohibit access to, the records
1201+590
1202+described in Subsection (83)(a); and
1203+591
1204+(c) any record related to a security plan or incident report described in Section 19-4-116;
1205+592
1206+(84) a statement that an employee of a governmental entity provides to the governmental
1207+593
1208+entity as part of the governmental entity's personnel or administrative investigation into
1209+594
1210+potential misconduct involving the employee if the governmental entity:
1211+595
1212+(a) requires the statement under threat of employment disciplinary action, including
1213+596
1214+possible termination of employment, for the employee's refusal to provide the
1215+597
1216+statement; and
1217+598
1218+(b) provides the employee assurance that the statement cannot be used against the
1219+599
1220+employee in any criminal proceeding;
1221+600
1222+(85) any part of an application for a Utah Fits All Scholarship account described in Section
1223+601
1224+53F-6-402 or other information identifying a scholarship student as defined in Section
1225+602
1226+53F-6-401;
1227+603
1228+(86) a record:
1229+604
1230+(a) concerning a claim to the use of waters in the Great Salt Lake;
1231+605
1232+(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1233+606
1234+person concerning the claim, including a representative from another state or the
1235+607
1236+federal government; and
1237+608
1238+(c) the disclosure of which would:
1239+- 18 - 02-12 13:05 H.B. 492
1240+609
1241+(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1242+610
1243+Great Salt Lake;
1244+611
1245+(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
1246+612
1247+and conditions regarding the use of water in the Great Salt Lake; or
1248+613
1249+(iii) give an advantage to another person including another state or to the federal
1250+614
1251+government in negotiations regarding the use of water in the Great Salt Lake;[ and]
1252+615
1253+(87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
1254+616
1255+reclassified as public as described in Subsection 13-2-11(4)[.] ;
1256+617
1257+(88) a record of the Utah water agent, appointed under Section 73-10g-702:
1258+618
1259+(a) concerning a claim to the use of waters;
1260+619
1261+(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1262+620
1263+representative from another state, a tribe, the federal government, or other
1264+621
1265+government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
1266+622
5801267 and
581-284
582-(b)(i) an internal communication that is part of the deliberative process in connection
583-285
584-with the preparation of legislation between:
585-286
586-(A) members of a legislative body;
587-287
588-(B) a member of a legislative body and a member of the legislative body's staff; or
589-288
590-(C) members of a legislative body's staff; and
591-289
592-(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
593-290
594-legislative action or policy may not be classified as protected under this section;
595-291
596-(20)(a) records in the custody or control of the Office of Legislative Research and
597-292
598-General Counsel, that, if disclosed, would reveal a particular legislator's
599-293
600-contemplated legislation or contemplated course of action before the legislator has
601-294
602-elected to support the legislation or course of action, or made the legislation or course
603-295
604-of action public; and
605-296
606-(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
607-297
608-Office of Legislative Research and General Counsel is a public document unless a
609-298
610-legislator asks that the records requesting the legislation be maintained as protected
611-299
612-records until such time as the legislator elects to make the legislation or course of
613-300
614-action public;
615-- 9 - 1st Sub. (Buff) H.B. 492 02-26 09:18
616-301
617-(21) a research request from a legislator to a legislative staff member and research findings
618-302
619-prepared in response to the request;
620-303
621-(22) drafts, unless otherwise classified as public;
622-304
623-(23) records concerning a governmental entity's strategy about:
624-305
625-(a) collective bargaining; or
626-306
627-(b) imminent or pending litigation;
628-307
629-(24) records of investigations of loss occurrences and analyses of loss occurrences that may
630-308
631-be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
632-309
633-Uninsured Employers' Fund, or similar divisions in other governmental entities;
634-310
635-(25) records, other than personnel evaluations, that contain a personal recommendation
636-311
637-concerning an individual if disclosure would constitute a clearly unwarranted invasion
638-312
639-of personal privacy, or disclosure is not in the public interest;
640-313
641-(26) records that reveal the location of historic, prehistoric, paleontological, or biological
642-314
643-resources that if known would jeopardize the security of those resources or of valuable
644-315
645-historic, scientific, educational, or cultural information;
646-316
647-(27) records of independent state agencies if the disclosure of the records would conflict
648-317
649-with the fiduciary obligations of the agency;
650-318
651-(28) records of an institution within the state system of higher education defined in Section
652-319
653-53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
654-320
655-retention decisions, and promotions, which could be properly discussed in a meeting
656-321
657-closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
658-322
659-that records of the final decisions about tenure, appointments, retention, promotions, or
660-323
661-those students admitted, may not be classified as protected under this section;
662-324
663-(29) records of the governor's office, including budget recommendations, legislative
664-325
665-proposals, and policy statements, that if disclosed would reveal the governor's
666-326
667-contemplated policies or contemplated courses of action before the governor has
668-327
669-implemented or rejected those policies or courses of action or made them public;
670-328
671-(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
672-329
673-revenue estimates, and fiscal notes of proposed legislation before issuance of the final
674-330
675-recommendations in these areas;
676-331
677-(31) records provided by the United States or by a government entity outside the state that
678-332
679-are given to the governmental entity with a requirement that they be managed as
680-333
681-protected records if the providing entity certifies that the record would not be subject to
682-334
683-public disclosure if retained by it;
684-- 10 - 02-26 09:18 1st Sub. (Buff) H.B. 492
685-335
686-(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
687-336
688-public body except as provided in Section 52-4-206;
689-337
690-(33) records that would reveal the contents of settlement negotiations but not including final
691-338
692-settlements or empirical data to the extent that they are not otherwise exempt from
693-339
694-disclosure;
695-340
696-(34) memoranda prepared by staff and used in the decision-making process by an
697-341
698-administrative law judge, a member of the Board of Pardons and Parole, or a member of
699-342
700-any other body charged by law with performing a quasi-judicial function;
701-343
702-(35) records that would reveal negotiations regarding assistance or incentives offered by or
703-344
704-requested from a governmental entity for the purpose of encouraging a person to expand
705-345
706-or locate a business in Utah, but only if disclosure would result in actual economic harm
707-346
708-to the person or place the governmental entity at a competitive disadvantage, but this
709-347
710-section may not be used to restrict access to a record evidencing a final contract;
711-348
712-(36) materials to which access must be limited for purposes of securing or maintaining the
713-349
714-governmental entity's proprietary protection of intellectual property rights including
715-350
716-patents, copyrights, and trade secrets;
717-351
718-(37) the name of a donor or a prospective donor to a governmental entity, including an
719-352
720-institution within the state system of higher education defined in Section 53B-1-102, and
721-353
722-other information concerning the donation that could reasonably be expected to reveal
723-354
724-the identity of the donor, provided that:
725-355
726-(a) the donor requests anonymity in writing;
727-356
728-(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
729-357
730-classified protected by the governmental entity under this Subsection (37); and
731-358
732-(c) except for an institution within the state system of higher education defined in
733-359
734-Section 53B-1-102, the governmental unit to which the donation is made is primarily
735-360
736-engaged in educational, charitable, or artistic endeavors, and has no regulatory or
737-361
738-legislative authority over the donor, a member of the donor's immediate family, or
739-362
740-any entity owned or controlled by the donor or the donor's immediate family;
741-363
742-(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
743-364
744-(39) a notification of workers' compensation insurance coverage described in Section
745-365
746-34A-2-205;
747-366
748-(40)(a) the following records of an institution within the state system of higher education
749-367
750-defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
751-368
752-or received by or on behalf of faculty, staff, employees, or students of the institution:
753-- 11 - 1st Sub. (Buff) H.B. 492 02-26 09:18
754-369
755-(i) unpublished lecture notes;
756-370
757-(ii) unpublished notes, data, and information:
758-371
759-(A) relating to research; and
760-372
761-(B) of:
762-373
763-(I) the institution within the state system of higher education defined in Section
764-374
765-53B-1-102; or
766-375
767-(II) a sponsor of sponsored research;
768-376
769-(iii) unpublished manuscripts;
770-377
771-(iv) creative works in process;
772-378
773-(v) scholarly correspondence; and
774-379
775-(vi) confidential information contained in research proposals;
776-380
777-(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
778-381
779-required pursuant to Subsection 53B-16-302(2)(a) or (b); and
780-382
781-(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
782-383
783-(41)(a) records in the custody or control of the Office of the Legislative Auditor General
784-384
785-that would reveal the name of a particular legislator who requests a legislative audit
786-385
787-prior to the date that audit is completed and made public; and
788-386
789-(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
790-387
791-Office of the Legislative Auditor General is a public document unless the legislator
792-388
793-asks that the records in the custody or control of the Office of the Legislative Auditor
794-389
795-General that would reveal the name of a particular legislator who requests a
796-390
797-legislative audit be maintained as protected records until the audit is completed and
798-391
799-made public;
800-392
801-(42) records that provide detail as to the location of an explosive, including a map or other
802-393
803-document that indicates the location of:
804-394
805-(a) a production facility; or
806-395
807-(b) a magazine;
808-396
809-(43) information contained in the statewide database of the Division of Aging and Adult
810-397
811-Services created by Section 26B-6-210;
812-398
813-(44) information contained in the Licensing Information System described in Title 80,
814-399
815-Chapter 2, Child Welfare Services;
816-400
817-(45) information regarding National Guard operations or activities in support of the
818-401
819-National Guard's federal mission;
820-402
821-(46) records provided by any pawn or secondhand business to a law enforcement agency or
822-- 12 - 02-26 09:18 1st Sub. (Buff) H.B. 492
823-403
824-to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
825-404
826-Merchandise, and Catalytic Converter Transaction Information Act;
827-405
828-(47) information regarding food security, risk, and vulnerability assessments performed by
829-406
830-the Department of Agriculture and Food;
831-407
832-(48) except to the extent that the record is exempt from this chapter pursuant to Section
833-408
834-63G-2-106, records related to an emergency plan or program, a copy of which is
835-409
836-provided to or prepared or maintained by the Division of Emergency Management, and
837-410
838-the disclosure of which would jeopardize:
839-411
840-(a) the safety of the general public; or
841-412
842-(b) the security of:
843-413
844-(i) governmental property;
845-414
846-(ii) governmental programs; or
847-415
848-(iii) the property of a private person who provides the Division of Emergency
849-416
850-Management information;
851-417
852-(49) records of the Department of Agriculture and Food that provides for the identification,
853-418
854-tracing, or control of livestock diseases, including any program established under Title
855-419
856-4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
857-420
858-of Animal Disease;
859-421
860-(50) as provided in Section 26B-2-709:
861-422
862-(a) information or records held by the Department of Health and Human Services related
863-423
864-to a complaint regarding a provider, program, or facility which the department is
865-424
866-unable to substantiate; and
867-425
868-(b) information or records related to a complaint received by the Department of Health
869-426
870-and Human Services from an anonymous complainant regarding a provider, program,
871-427
872-or facility;
873-428
874-(51) unless otherwise classified as public under Section 63G-2-301 and except as provided
875-429
876-under Section 41-1a-116, an individual's home address, home telephone number, or
877-430
878-personal mobile phone number, if:
879-431
880-(a) the individual is required to provide the information in order to comply with a law,
881-432
882-ordinance, rule, or order of a government entity; and
883-433
884-(b) the subject of the record has a reasonable expectation that this information will be
885-434
886-kept confidential due to:
887-435
888-(i) the nature of the law, ordinance, rule, or order; and
889-436
890-(ii) the individual complying with the law, ordinance, rule, or order;
891-- 13 - 1st Sub. (Buff) H.B. 492 02-26 09:18
892-437
893-(52) the portion of the following documents that contains a candidate's residential or
894-438
895-mailing address, if the candidate provides to the filing officer another address or phone
896-439
897-number where the candidate may be contacted:
898-440
899-(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
900-441
901-described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
902-442
903-20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
904-443
905-(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
906-444
907-(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
908-445
909-(53) the name, home address, work addresses, and telephone numbers of an individual that
910-446
911-is engaged in, or that provides goods or services for, medical or scientific research that is:
912-447
913-(a) conducted within the state system of higher education, as defined in Section
914-448
915-53B-1-102; and
916-449
917-(b) conducted using animals;
918-450
919-(54) in accordance with Section 78A-12-203, any record of the Judicial Performance
920-451
921-Evaluation Commission concerning an individual commissioner's vote, in relation to
922-452
923-whether a judge meets or exceeds minimum performance standards under Subsection
924-453
925-78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
926-454
927-(55) information collected and a report prepared by the Judicial Performance Evaluation
928-455
929-Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
930-456
931-Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
932-457
933-public, the information or report;
934-458
935-(56) records provided or received by the Public Lands Policy Coordinating Office in
936-459
937-furtherance of any contract or other agreement made in accordance with Section
938-460
939-63L-11-202;
940-461
941-(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
942-462
943-(58) in accordance with Section 73-10-33:
944-463
945-(a) a management plan for a water conveyance facility in the possession of the Division
946-464
947-of Water Resources or the Board of Water Resources; or
948-465
949-(b) an outline of an emergency response plan in possession of the state or a county or
950-466
951-municipality;
952-467
953-(59) the following records in the custody or control of the Office of Inspector General of
954-468
955-Medicaid Services, created in Section 63A-13-201:
956-469
957-(a) records that would disclose information relating to allegations of personal
958-470
959-misconduct, gross mismanagement, or illegal activity of a person if the information
960-- 14 - 02-26 09:18 1st Sub. (Buff) H.B. 492
961-471
962-or allegation cannot be corroborated by the Office of Inspector General of Medicaid
963-472
964-Services through other documents or evidence, and the records relating to the
965-473
966-allegation are not relied upon by the Office of Inspector General of Medicaid
967-474
968-Services in preparing a final investigation report or final audit report;
969-475
970-(b) records and audit workpapers to the extent they would disclose the identity of a
971-476
972-person who, during the course of an investigation or audit, communicated the
973-477
974-existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
975-478
976-violation of a law, rule, or regulation adopted under the laws of this state, a political
977-479
978-subdivision of the state, or any recognized entity of the United States, if the
979-480
980-information was disclosed on the condition that the identity of the person be
981-481
982-protected;
983-482
984-(c) before the time that an investigation or audit is completed and the final investigation
985-483
986-or final audit report is released, records or drafts circulated to a person who is not an
987-484
988-employee or head of a governmental entity for the person's response or information;
989-485
990-(d) records that would disclose an outline or part of any investigation, audit survey plan,
991-486
992-or audit program; or
993-487
994-(e) requests for an investigation or audit, if disclosure would risk circumvention of an
995-488
996-investigation or audit;
997-489
998-(60) records that reveal methods used by the Office of Inspector General of Medicaid
999-490
1000-Services, the fraud unit, or the Department of Health and Human Services, to discover
1001-491
1002-Medicaid fraud, waste, or abuse;
1003-492
1004-(61) information provided to the Department of Health and Human Services or the Division
1005-493
1006-of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
1007-494
1008-58-68-304(3) and (4);
1009-495
1010-(62) a record described in Section 63G-12-210;
1011-496
1012-(63) captured plate data that is obtained through an automatic license plate reader system
1013-497
1014-used by a governmental entity as authorized in Section 41-6a-2003;
1015-498
1016-(64) an audio or video recording created by a body-worn camera, as that term is defined in
1017-499
1018-Section 77-7a-103, that records sound or images inside a hospital or health care facility
1019-500
1020-as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
1021-501
1022-as that term is defined in Section 78B-3-403, or inside a human service program as that
1023-502
1024-term is defined in Section 26B-2-101, except for recordings that:
1025-503
1026-(a) depict the commission of an alleged crime;
1027-504
1028-(b) record any encounter between a law enforcement officer and a person that results in
1029-- 15 - 1st Sub. (Buff) H.B. 492 02-26 09:18
1030-505
1031-death or bodily injury, or includes an instance when an officer fires a weapon;
1032-506
1033-(c) record any encounter that is the subject of a complaint or a legal proceeding against a
1034-507
1035-law enforcement officer or law enforcement agency;
1036-508
1037-(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
1038-509
1039-or
1040-510
1041-(e) have been requested for reclassification as a public record by a subject or authorized
1042-511
1043-agent of a subject featured in the recording;
1044-512
1045-(65) a record pertaining to the search process for a president of an institution of higher
1046-513
1047-education described in Section 53B-2-102, except for application materials for a publicly
1048-514
1049-announced finalist;
1050-515
1051-(66) an audio recording that is:
1052-516
1053-(a) produced by an audio recording device that is used in conjunction with a device or
1054-517
1055-piece of equipment designed or intended for resuscitating an individual or for treating
1056-518
1057-an individual with a life-threatening condition;
1058-519
1059-(b) produced during an emergency event when an individual employed to provide law
1060-520
1061-enforcement, fire protection, paramedic, emergency medical, or other first responder
1062-521
1063-service:
1064-522
1065-(i) is responding to an individual needing resuscitation or with a life-threatening
1066-523
1067-condition; and
1068-524
1069-(ii) uses a device or piece of equipment designed or intended for resuscitating an
1070-525
1071-individual or for treating an individual with a life-threatening condition; and
1072-526
1073-(c) intended and used for purposes of training emergency responders how to improve
1074-527
1075-their response to an emergency situation;
1076-528
1077-(67) records submitted by or prepared in relation to an applicant seeking a recommendation
1078-529
1079-by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
1080-530
1081-Audit Subcommittee, established under Section 36-12-8, for an employment position
1082-531
1083-with the Legislature;
1084-532
1085-(68) work papers as defined in Section 31A-2-204;
1086-533
1087-(69) a record made available to Adult Protective Services or a law enforcement agency
1088-534
1089-under Section 61-1-206;
1090-535
1091-(70) a record submitted to the Insurance Department in accordance with Section
1092-536
1093-31A-37-201;
1094-537
1095-(71) a record described in Section 31A-37-503;
1096-538
1097-(72) any record created by the Division of Professional Licensing as a result of Subsection
1098-- 16 - 02-26 09:18 1st Sub. (Buff) H.B. 492
1099-539
1100-58-37f-304(5) or 58-37f-702(2)(a)(ii);
1101-540
1102-(73) a record described in Section 72-16-306 that relates to the reporting of an injury
1103-541
1104-involving an amusement ride;
1105-542
1106-(74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
1107-543
1108-political petition, or on a request to withdraw a signature from a political petition,
1109-544
1110-including a petition or request described in the following titles:
1111-545
1112-(a) Title 10, Utah Municipal Code;
1113-546
1114-(b) Title 17, Counties;
1115-547
1116-(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
1117-548
1118-(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1119-549
1120-(e) Title 20A, Election Code;
1121-550
1122-(75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
1123-551
1124-voter registration record;
1125-552
1126-(76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
1127-553
1128-described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
1129-554
1130-political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1131-555
1132-(77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
1133-556
1134-Victims Guidelines for Prosecutors Act;
1135-557
1136-(78) a record submitted to the Insurance Department under Section 31A-48-103;
1137-558
1138-(79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1139-559
1140-prohibited under Section 63G-26-103;
1141-560
1142-(80) an image taken of an individual during the process of booking the individual into jail,
1143-561
1144-unless:
1145-562
1146-(a) the individual is convicted of a criminal offense based upon the conduct for which
1147-563
1148-the individual was incarcerated at the time the image was taken;
1149-564
1150-(b) a law enforcement agency releases or disseminates the image:
1151-565
1152-(i) after determining that the individual is a fugitive or an imminent threat to an
1153-566
1154-individual or to public safety and releasing or disseminating the image will assist
1155-567
1156-in apprehending the individual or reducing or eliminating the threat; or
1157-568
1158-(ii) to a potential witness or other individual with direct knowledge of events relevant
1159-569
1160-to a criminal investigation or criminal proceeding for the purpose of identifying or
1161-570
1162-locating an individual in connection with the criminal investigation or criminal
1163-571
1164-proceeding;
1165-572
1166-(c) a judge orders the release or dissemination of the image based on a finding that the
1167-- 17 - 1st Sub. (Buff) H.B. 492 02-26 09:18
1168-573
1169-release or dissemination is in furtherance of a legitimate law enforcement interest; or
1170-574
1171-(d) the image is displayed to a person who is permitted to view the image under Section
1172-575
1173-17-22-30[.] ;
1174-576
1175-(81) a record:
1176-577
1177-(a) concerning an interstate claim to the use of waters in the Colorado River system;
1178-578
1179-(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1180-579
1181-representative from another state or the federal government as provided in Section
1182-580
1183-63M-14-205; and
1184-581
1268+623
11851269 (c) the disclosure of which would:
1186-582
1187-(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1188-583
1189-Colorado River system;
1190-584
1191-(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1192-585
1193-negotiate the best terms and conditions regarding the use of water in the Colorado
1194-586
1195-River system; or
1196-587
1197-(iii) give an advantage to another state or to the federal government in negotiations
1198-588
1199-regarding the use of water in the Colorado River system;
1200-589
1201-(82) any part of an application described in Section 63N-16-201 that the Governor's Office
1202-590
1203-of Economic Opportunity determines is nonpublic, confidential information that if
1204-591
1205-disclosed would result in actual economic harm to the applicant, but this Subsection (82)
1206-592
1207-may not be used to restrict access to a record evidencing a final contract or approval
1208-593
1209-decision;
1210-594
1211-(83) the following records of a drinking water or wastewater facility:
1212-595
1213-(a) an engineering or architectural drawing of the drinking water or wastewater facility;[
1214-596
1215-and]
1216-597
1217-(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1218-598
1219-drinking water or wastewater facility uses to secure, or prohibit access to, the records
1220-599
1221-described in Subsection (83)(a); and
1222-600
1223-(c) any record related to a security plan or incident report described in Section 19-4-116;
1224-601
1225-(84) a statement that an employee of a governmental entity provides to the governmental
1226-602
1227-entity as part of the governmental entity's personnel or administrative investigation into
1228-603
1229-potential misconduct involving the employee if the governmental entity:
1230-604
1231-(a) requires the statement under threat of employment disciplinary action, including
1232-605
1233-possible termination of employment, for the employee's refusal to provide the
1234-606
1235-statement; and
1236-- 18 - 02-26 09:18 1st Sub. (Buff) H.B. 492
1237-607
1238-(b) provides the employee assurance that the statement cannot be used against the
1239-608
1240-employee in any criminal proceeding;
1241-609
1242-(85) any part of an application for a Utah Fits All Scholarship account described in Section
1243-610
1244-53F-6-402 or other information identifying a scholarship student as defined in Section
1245-611
1246-53F-6-401;
1247-612
1248-(86) a record:
1249-613
1250-(a) concerning a claim to the use of waters in the Great Salt Lake;
1251-614
1252-(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1253-615
1254-person concerning the claim, including a representative from another state or the
1255-616
1256-federal government; and
1257-617
1258-(c) the disclosure of which would:
1259-618
1260-(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1261-619
1262-Great Salt Lake;
1263-620
1264-(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
1265-621
1266-and conditions regarding the use of water in the Great Salt Lake; or
1267-622
1268-(iii) give an advantage to another person including another state or to the federal
1269-623
1270-government in negotiations regarding the use of water in the Great Salt Lake;[ and]
12711270 624
1272-(87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
1271+(i) reveal a legal strategy relating to the state's claim to the use of the water;
12731272 625
1274-reclassified as public as described in Subsection 13-2-11(4)[.] ;
1273+(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
12751274 626
1276-(88) a record of the Utah water agent, appointed under Section 73-10g-702:
1275+regarding the use of water; or
12771276 627
1278-(a) concerning a claim to the use of waters;
1277+(iii) give an advantage to another state, a tribe, the federal government, or other
12791278 628
1280-(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1279+government entity in negotiations regarding the use of water.
12811280 629
1282-representative from another state, a tribe, the federal government, or other
1281+Section 4. Effective Date.
12831282 630
1284-government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
1285-631
1286-and
1287-632
1288-(c) the disclosure of which would:
1289-633
1290-(i) reveal a legal strategy relating to the state's claim to the use of the water;
1291-634
1292-(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
1293-635
1294-regarding the use of water; or
1295-636
1296-(iii) give an advantage to another state, a tribe, the federal government, or other
1297-637
1298-government entity in negotiations regarding the use of water.
1299-638
1300-Section 4. Effective Date.
1301-639
13021283 This bill takes effect on May 7, 2025.
13031284 - 19 -