Utah 2025 Regular Session

Utah Senate Bill SB0225 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-04 13:22 S.B. 225
2	2	1
3	3	Government Records Access and Management Act Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Keith Grover
7	7	House Sponsor:
8	8	2
9	9
10	10	3
11	11	LONG TITLE
12	12	4
13	13	General Description:
14	14	5
15	15	This bill amends provisions of the Government Records and Access Management Act.
16	16	6
17	17	Highlighted Provisions:
18	18	7
19	19	This bill:
20	20	8
21	21	▸ provides that a building plan prepared by an architect that bear the architect's seal may be
22	22	9
23	23	classified as a protected record;
24	24	10
25	25	▸ allows a government entity, upon discovery of an inadvertent improper disclosure of a
26	26	11
27	27	record, to notify the requester to which the record was disclosed;
28	28	12
29	29	▸ requires a recipient of an inadvertently disclosed record to destroy or return the
30	30	13
31	31	inadvertently disclosed record;
32	32	14
33	33	▸ amends provisions related to penalties for improper disclosure to address inadvertent
34	34	15
35	35	disclosure of records; and
36	36	16
37	37	▸ makes technical changes.
38	38	17
39	39	Money Appropriated in this Bill:
40	40	18
41	41	None
42	42	19
43	43	Other Special Clauses:
44	44	20
45	45	None
46	46	21
47	47	Utah Code Sections Affected:
48	48	22
49	49	AMENDS:
50	50	23
51	51	63G-2-305, as last amended by Laws of Utah 2024, Chapters 18, 101, 135, 267, 344, and
52	52	24
53	53	522
54	54	25
55	55	63G-2-801, as last amended by Laws of Utah 2019, Chapter 254
56	56	26
57	57	ENACTS:
58	58	27
59	59	63G-2-805, Utah Code Annotated 1953
60	60	28
61	61
62	62	29
63	63	Be it enacted by the Legislature of the state of Utah:
64	64	30
65	65	Section 1. Section 63G-2-305 is amended to read:
66	66	S.B. 225 S.B. 225 02-04 13:22
67	67	31
68	68	63G-2-305 . Protected records.
69	69	32
70	70	The following records are protected if properly classified by a governmental entity:
71	71	33
72	72	(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
73	73	34
74	74	provided the governmental entity with the information specified in Section 63G-2-309;
75	75	35
76	76	(2) commercial information or nonindividual financial information obtained from a person
77	77	36
78	78	if:
79	79	37
80	80	(a) disclosure of the information could reasonably be expected to result in unfair
81	81	38
82	82	competitive injury to the person submitting the information or would impair the
83	83	39
84	84	ability of the governmental entity to obtain necessary information in the future;
85	85	40
86	86	(b) the person submitting the information has a greater interest in prohibiting access than
87	87	41
88	88	the public in obtaining access; and
89	89	42
90	90	(c) the person submitting the information has provided the governmental entity with the
91	91	43
92	92	information specified in Section 63G-2-309;
93	93	44
94	94	(3) commercial or financial information acquired or prepared by a governmental entity to
95	95	45
96	96	the extent that disclosure would lead to financial speculations in currencies, securities, or
97	97	46
98	98	commodities that will interfere with a planned transaction by the governmental entity or
99	99	47
100	100	cause substantial financial injury to the governmental entity or state economy;
101	101	48
102	102	(4) records, the disclosure of which could cause commercial injury to, or confer a
103	103	49
104	104	competitive advantage upon a potential or actual competitor of, a commercial project
105	105	50
106	106	entity as defined in Subsection 11-13-103(4);
107	107	51
108	108	(5) test questions and answers to be used in future license, certification, registration,
109	109	52
110	110	employment, or academic examinations;
111	111	53
112	112	(6) records, the disclosure of which would impair governmental procurement proceedings
113	113	54
114	114	or give an unfair advantage to any person proposing to enter into a contract or agreement
115	115	55
116	116	with a governmental entity, except, subject to Subsections (1) and (2), that this
117	117	56
118	118	Subsection (6) does not restrict the right of a person to have access to, after the contract
119	119	57
120	120	or grant has been awarded and signed by all parties:
121	121	58
122	122	(a) a bid, proposal, application, or other information submitted to or by a governmental
123	123	59
124	124	entity in response to:
125	125	60
126	126	(i) an invitation for bids;
127	127	61
128	128	(ii) a request for proposals;
129	129	62
130	130	(iii) a request for quotes;
131	131	63
132	132	(iv) a grant; or
133	133	64
134	134	(v) other similar document; or
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136	136	65
137	137	(b) an unsolicited proposal, as defined in Section 63G-6a-712;
138	138	66
139	139	(7) information submitted to or by a governmental entity in response to a request for
140	140	67
141	141	information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
142	142	68
143	143	restrict the right of a person to have access to the information, after:
144	144	69
145	145	(a) a contract directly relating to the subject of the request for information has been
146	146	70
147	147	awarded and signed by all parties; or
148	148	71
149	149	(b)(i) a final determination is made not to enter into a contract that relates to the
150	150	72
151	151	subject of the request for information; and
152	152	73
153	153	(ii) at least two years have passed after the day on which the request for information
154	154	74
155	155	is issued;
156	156	75
157	157	(8) records that would identify real property or the appraisal or estimated value of real or
158	158	76
159	159	personal property, including intellectual property, under consideration for public
160	160	77
161	161	acquisition before any rights to the property are acquired unless:
162	162	78
163	163	(a) public interest in obtaining access to the information is greater than or equal to the
164	164	79
165	165	governmental entity's need to acquire the property on the best terms possible;
166	166	80
167	167	(b) the information has already been disclosed to persons not employed by or under a
168	168	81
169	169	duty of confidentiality to the entity;
170	170	82
171	171	(c) in the case of records that would identify property, potential sellers of the described
172	172	83
173	173	property have already learned of the governmental entity's plans to acquire the
174	174	84
175	175	property;
176	176	85
177	177	(d) in the case of records that would identify the appraisal or estimated value of
178	178	86
179	179	property, the potential sellers have already learned of the governmental entity's
180	180	87
181	181	estimated value of the property; or
182	182	88
183	183	(e) the property under consideration for public acquisition is a single family residence
184	184	89
185	185	and the governmental entity seeking to acquire the property has initiated negotiations
186	186	90
187	187	to acquire the property as required under Section 78B-6-505;
188	188	91
189	189	(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
190	190	92
191	191	transaction of real or personal property including intellectual property, which, if
192	192	93
193	193	disclosed prior to completion of the transaction, would reveal the appraisal or estimated
194	194	94
195	195	value of the subject property, unless:
196	196	95
197	197	(a) the public interest in access is greater than or equal to the interests in restricting
198	198	96
199	199	access, including the governmental entity's interest in maximizing the financial
200	200	97
201	201	benefit of the transaction; or
202	202	98
203	203	(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
204	204	- 3 - S.B. 225 02-04 13:22
205	205	99
206	206	the value of the subject property have already been disclosed to persons not
207	207	100
208	208	employed by or under a duty of confidentiality to the entity;
209	209	101
210	210	(10) records created or maintained for civil, criminal, or administrative enforcement
211	211	102
212	212	purposes or audit purposes, or for discipline, licensing, certification, or registration
213	213	103
214	214	purposes, if release of the records:
215	215	104
216	216	(a) reasonably could be expected to interfere with investigations undertaken for
217	217	105
218	218	enforcement, discipline, licensing, certification, or registration purposes;
219	219	106
220	220	(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
221	221	107
222	222	proceedings;
223	223	108
224	224	(c) would create a danger of depriving a person of a right to a fair trial or impartial
225	225	109
226	226	hearing;
227	227	110
228	228	(d) reasonably could be expected to disclose the identity of a source who is not generally
229	229	111
230	230	known outside of government and, in the case of a record compiled in the course of
231	231	112
232	232	an investigation, disclose information furnished by a source not generally known
233	233	113
234	234	outside of government if disclosure would compromise the source; or
235	235	114
236	236	(e) reasonably could be expected to disclose investigative or audit techniques,
237	237	115
238	238	procedures, policies, or orders not generally known outside of government if
239	239	116
240	240	disclosure would interfere with enforcement or audit efforts;
241	241	117
242	242	(11) records the disclosure of which would jeopardize the life or safety of an individual;
243	243	118
244	244	(12) records the disclosure of which would jeopardize the security of governmental
245	245	119
246	246	property, governmental programs, or governmental recordkeeping systems from
247	247	120
248	248	damage, theft, or other appropriation or use contrary to law or public policy;
249	249	121
250	250	(13) records that, if disclosed, would jeopardize the security or safety of a correctional
251	251	122
252	252	facility, or records relating to incarceration, treatment, probation, or parole, that would
253	253	123
254	254	interfere with the control and supervision of an offender's incarceration, treatment,
255	255	124
256	256	probation, or parole;
257	257	125
258	258	(14) records that, if disclosed, would reveal recommendations made to the Board of
259	259	126
260	260	Pardons and Parole by an employee of or contractor for the Department of Corrections,
261	261	127
262	262	the Board of Pardons and Parole, or the Department of Health and Human Services that
263	263	128
264	264	are based on the employee's or contractor's supervision, diagnosis, or treatment of any
265	265	129
266	266	person within the board's jurisdiction;
267	267	130
268	268	(15) records and audit workpapers that identify audit, collection, and operational procedures
269	269	131
270	270	and methods used by the State Tax Commission, if disclosure would interfere with
271	271	132
272	272	audits or collections;
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274	274	133
275	275	(16) records of a governmental audit agency relating to an ongoing or planned audit until
276	276	134
277	277	the final audit is released;
278	278	135
279	279	(17) records that are subject to the attorney client privilege;
280	280	136
281	281	(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
282	282	137
283	283	employee, or agent of a governmental entity for, or in anticipation of, litigation or a
284	284	138
285	285	judicial, quasi-judicial, or administrative proceeding;
286	286	139
287	287	(19)(a)(i) personal files of a state legislator, including personal correspondence to or
288	288	140
289	289	from a member of the Legislature; and
290	290	141
291	291	(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
292	292	142
293	293	legislative action or policy may not be classified as protected under this section;
294	294	143
295	295	and
296	296	144
297	297	(b)(i) an internal communication that is part of the deliberative process in connection
298	298	145
299	299	with the preparation of legislation between:
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301	301	(A) members of a legislative body;
302	302	147
303	303	(B) a member of a legislative body and a member of the legislative body's staff; or
304	304	148
305	305	(C) members of a legislative body's staff; and
306	306	149
307	307	(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
308	308	150
309	309	legislative action or policy may not be classified as protected under this section;
310	310	151
311	311	(20)(a) records in the custody or control of the Office of Legislative Research and
312	312	152
313	313	General Counsel, that, if disclosed, would reveal a particular legislator's
314	314	153
315	315	contemplated legislation or contemplated course of action before the legislator has
316	316	154
317	317	elected to support the legislation or course of action, or made the legislation or course
318	318	155
319	319	of action public; and
320	320	156
321	321	(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
322	322	157
323	323	Office of Legislative Research and General Counsel is a public document unless a
324	324	158
325	325	legislator asks that the records requesting the legislation be maintained as protected
326	326	159
327	327	records until such time as the legislator elects to make the legislation or course of
328	328	160
329	329	action public;
330	330	161
331	331	(21) a research request from a legislator to a legislative staff member and research findings
332	332	162
333	333	prepared in response to the request;
334	334	163
335	335	(22) drafts, unless otherwise classified as public;
336	336	164
337	337	(23) records concerning a governmental entity's strategy about:
338	338	165
339	339	(a) collective bargaining; or
340	340	166
341	341	(b) imminent or pending litigation;
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343	343	167
344	344	(24) records of investigations of loss occurrences and analyses of loss occurrences that may
345	345	168
346	346	be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
347	347	169
348	348	Uninsured Employers' Fund, or similar divisions in other governmental entities;
349	349	170
350	350	(25) records, other than personnel evaluations, that contain a personal recommendation
351	351	171
352	352	concerning an individual if disclosure would constitute a clearly unwarranted invasion
353	353	172
354	354	of personal privacy, or disclosure is not in the public interest;
355	355	173
356	356	(26) records that reveal the location of historic, prehistoric, paleontological, or biological
357	357	174
358	358	resources that if known would jeopardize the security of those resources or of valuable
359	359	175
360	360	historic, scientific, educational, or cultural information;
361	361	176
362	362	(27) records of independent state agencies if the disclosure of the records would conflict
363	363	177
364	364	with the fiduciary obligations of the agency;
365	365	178
366	366	(28) records of an institution within the state system of higher education defined in Section
367	367	179
368	368	53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
369	369	180
370	370	retention decisions, and promotions, which could be properly discussed in a meeting
371	371	181
372	372	closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
373	373	182
374	374	that records of the final decisions about tenure, appointments, retention, promotions, or
375	375	183
376	376	those students admitted, may not be classified as protected under this section;
377	377	184
378	378	(29) records of the governor's office, including budget recommendations, legislative
379	379	185
380	380	proposals, and policy statements, that if disclosed would reveal the governor's
381	381	186
382	382	contemplated policies or contemplated courses of action before the governor has
383	383	187
384	384	implemented or rejected those policies or courses of action or made them public;
385	385	188
386	386	(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
387	387	189
388	388	revenue estimates, and fiscal notes of proposed legislation before issuance of the final
389	389	190
390	390	recommendations in these areas;
391	391	191
392	392	(31) records provided by the United States or by a government entity outside the state that
393	393	192
394	394	are given to the governmental entity with a requirement that they be managed as
395	395	193
396	396	protected records if the providing entity certifies that the record would not be subject to
397	397	194
398	398	public disclosure if retained by it;
399	399	195
400	400	(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
401	401	196
402	402	public body except as provided in Section 52-4-206;
403	403	197
404	404	(33) records that would reveal the contents of settlement negotiations but not including final
405	405	198
406	406	settlements or empirical data to the extent that they are not otherwise exempt from
407	407	199
408	408	disclosure;
409	409	200
410	410	(34) memoranda prepared by staff and used in the decision-making process by an
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412	412	201
413	413	administrative law judge, a member of the Board of Pardons and Parole, or a member of
414	414	202
415	415	any other body charged by law with performing a quasi-judicial function;
416	416	203
417	417	(35) records that would reveal negotiations regarding assistance or incentives offered by or
418	418	204
419	419	requested from a governmental entity for the purpose of encouraging a person to expand
420	420	205
421	421	or locate a business in Utah, but only if disclosure would result in actual economic harm
422	422	206
423	423	to the person or place the governmental entity at a competitive disadvantage, but this
424	424	207
425	425	section may not be used to restrict access to a record evidencing a final contract;
426	426	208
427	427	(36) materials to which access must be limited for purposes of securing or maintaining the
428	428	209
429	429	governmental entity's proprietary protection of intellectual property rights including
430	430	210
431	431	patents, copyrights, and trade secrets;
432	432	211
433	433	(37) the name of a donor or a prospective donor to a governmental entity, including an
434	434	212
435	435	institution within the state system of higher education defined in Section 53B-1-102, and
436	436	213
437	437	other information concerning the donation that could reasonably be expected to reveal
438	438	214
439	439	the identity of the donor, provided that:
440	440	215
441	441	(a) the donor requests anonymity in writing;
442	442	216
443	443	(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
444	444	217
445	445	classified protected by the governmental entity under this Subsection (37); and
446	446	218
447	447	(c) except for an institution within the state system of higher education defined in
448	448	219
449	449	Section 53B-1-102, the governmental unit to which the donation is made is primarily
450	450	220
451	451	engaged in educational, charitable, or artistic endeavors, and has no regulatory or
452	452	221
453	453	legislative authority over the donor, a member of the donor's immediate family, or
454	454	222
455	455	any entity owned or controlled by the donor or the donor's immediate family;
456	456	223
457	457	(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
458	458	224
459	459	(39) a notification of workers' compensation insurance coverage described in Section
460	460	225
461	461	34A-2-205;
462	462	226
463	463	(40)(a) the following records of an institution within the state system of higher education
464	464	227
465	465	defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
466	466	228
467	467	or received by or on behalf of faculty, staff, employees, or students of the institution:
468	468	229
469	469	(i) unpublished lecture notes;
470	470	230
471	471	(ii) unpublished notes, data, and information:
472	472	231
473	473	(A) relating to research; and
474	474	232
475	475	(B) of:
476	476	233
477	477	(I) the institution within the state system of higher education defined in Section
478	478	234
479	479	53B-1-102; or
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481	481	235
482	482	(II) a sponsor of sponsored research;
483	483	236
484	484	(iii) unpublished manuscripts;
485	485	237
486	486	(iv) creative works in process;
487	487	238
488	488	(v) scholarly correspondence; and
489	489	239
490	490	(vi) confidential information contained in research proposals;
491	491	240
492	492	(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
493	493	241
494	494	required pursuant to Subsection 53B-16-302(2)(a) or (b); and
495	495	242
496	496	(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
497	497	243
498	498	(41)(a) records in the custody or control of the Office of the Legislative Auditor General
499	499	244
500	500	that would reveal the name of a particular legislator who requests a legislative audit
501	501	245
502	502	prior to the date that audit is completed and made public; and
503	503	246
504	504	(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
505	505	247
506	506	Office of the Legislative Auditor General is a public document unless the legislator
507	507	248
508	508	asks that the records in the custody or control of the Office of the Legislative Auditor
509	509	249
510	510	General that would reveal the name of a particular legislator who requests a
511	511	250
512	512	legislative audit be maintained as protected records until the audit is completed and
513	513	251
514	514	made public;
515	515	252
516	516	(42) records that provide detail as to the location of an explosive, including a map or other
517	517	253
518	518	document that indicates the location of:
519	519	254
520	520	(a) a production facility; or
521	521	255
522	522	(b) a magazine;
523	523	256
524	524	(43) information contained in the statewide database of the Division of Aging and Adult
525	525	257
526	526	Services created by Section 26B-6-210;
527	527	258
528	528	(44) information contained in the Licensing Information System described in Title 80,
529	529	259
530	530	Chapter 2, Child Welfare Services;
531	531	260
532	532	(45) information regarding National Guard operations or activities in support of the
533	533	261
534	534	National Guard's federal mission;
535	535	262
536	536	(46) records provided by any pawn or secondhand business to a law enforcement agency or
537	537	263
538	538	to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
539	539	264
540	540	Merchandise, and Catalytic Converter Transaction Information Act;
541	541	265
542	542	(47) information regarding food security, risk, and vulnerability assessments performed by
543	543	266
544	544	the Department of Agriculture and Food;
545	545	267
546	546	(48) except to the extent that the record is exempt from this chapter pursuant to Section
547	547	268
548	548	63G-2-106, records related to an emergency plan or program, a copy of which is
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550	550	269
551	551	provided to or prepared or maintained by the Division of Emergency Management, and
552	552	270
553	553	the disclosure of which would jeopardize:
554	554	271
555	555	(a) the safety of the general public; or
556	556	272
557	557	(b) the security of:
558	558	273
559	559	(i) governmental property;
560	560	274
561	561	(ii) governmental programs; or
562	562	275
563	563	(iii) the property of a private person who provides the Division of Emergency
564	564	276
565	565	Management information;
566	566	277
567	567	(49) records of the Department of Agriculture and Food that provides for the identification,
568	568	278
569	569	tracing, or control of livestock diseases, including any program established under Title
570	570	279
571	571	4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
572	572	280
573	573	of Animal Disease;
574	574	281
575	575	(50) as provided in Section 26B-2-709:
576	576	282
577	577	(a) information or records held by the Department of Health and Human Services related
578	578	283
579	579	to a complaint regarding a provider, program, or facility which the department is
580	580	284
581	581	unable to substantiate; and
582	582	285
583	583	(b) information or records related to a complaint received by the Department of Health
584	584	286
585	585	and Human Services from an anonymous complainant regarding a provider, program,
586	586	287
587	587	or facility;
588	588	288
589	589	(51) unless otherwise classified as public under Section 63G-2-301 and except as provided
590	590	289
591	591	under Section 41-1a-116, an individual's home address, home telephone number, or
592	592	290
593	593	personal mobile phone number, if:
594	594	291
595	595	(a) the individual is required to provide the information in order to comply with a law,
596	596	292
597	597	ordinance, rule, or order of a government entity; and
598	598	293
599	599	(b) the subject of the record has a reasonable expectation that this information will be
600	600	294
601	601	kept confidential due to:
602	602	295
603	603	(i) the nature of the law, ordinance, rule, or order; and
604	604	296
605	605	(ii) the individual complying with the law, ordinance, rule, or order;
606	606	297
607	607	(52) the portion of the following documents that contains a candidate's residential or
608	608	298
609	609	mailing address, if the candidate provides to the filing officer another address or phone
610	610	299
611	611	number where the candidate may be contacted:
612	612	300
613	613	(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
614	614	301
615	615	described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
616	616	302
617	617	20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
618	618	- 9 - S.B. 225 02-04 13:22
619	619	303
620	620	(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
621	621	304
622	622	(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
623	623	305
624	624	(53) the name, home address, work addresses, and telephone numbers of an individual that
625	625	306
626	626	is engaged in, or that provides goods or services for, medical or scientific research that is:
627	627	307
628	628	(a) conducted within the state system of higher education, as defined in Section
629	629	308
630	630	53B-1-102; and
631	631	309
632	632	(b) conducted using animals;
633	633	310
634	634	(54) in accordance with Section 78A-12-203, any record of the Judicial Performance
635	635	311
636	636	Evaluation Commission concerning an individual commissioner's vote, in relation to
637	637	312
638	638	whether a judge meets or exceeds minimum performance standards under Subsection
639	639	313
640	640	78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
641	641	314
642	642	(55) information collected and a report prepared by the Judicial Performance Evaluation
643	643	315
644	644	Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
645	645	316
646	646	Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
647	647	317
648	648	public, the information or report;
649	649	318
650	650	(56) records provided or received by the Public Lands Policy Coordinating Office in
651	651	319
652	652	furtherance of any contract or other agreement made in accordance with Section
653	653	320
654	654	63L-11-202;
655	655	321
656	656	(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
657	657	322
658	658	(58) in accordance with Section 73-10-33:
659	659	323
660	660	(a) a management plan for a water conveyance facility in the possession of the Division
661	661	324
662	662	of Water Resources or the Board of Water Resources; or
663	663	325
664	664	(b) an outline of an emergency response plan in possession of the state or a county or
665	665	326
666	666	municipality;
667	667	327
668	668	(59) the following records in the custody or control of the Office of Inspector General of
669	669	328
670	670	Medicaid Services, created in Section 63A-13-201:
671	671	329
672	672	(a) records that would disclose information relating to allegations of personal
673	673	330
674	674	misconduct, gross mismanagement, or illegal activity of a person if the information
675	675	331
676	676	or allegation cannot be corroborated by the Office of Inspector General of Medicaid
677	677	332
678	678	Services through other documents or evidence, and the records relating to the
679	679	333
680	680	allegation are not relied upon by the Office of Inspector General of Medicaid
681	681	334
682	682	Services in preparing a final investigation report or final audit report;
683	683	335
684	684	(b) records and audit workpapers to the extent they would disclose the identity of a
685	685	336
686	686	person who, during the course of an investigation or audit, communicated the
687	687	- 10 - 02-04 13:22 S.B. 225
688	688	337
689	689	existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
690	690	338
691	691	violation of a law, rule, or regulation adopted under the laws of this state, a political
692	692	339
693	693	subdivision of the state, or any recognized entity of the United States, if the
694	694	340
695	695	information was disclosed on the condition that the identity of the person be
696	696	341
697	697	protected;
698	698	342
699	699	(c) before the time that an investigation or audit is completed and the final investigation
700	700	343
701	701	or final audit report is released, records or drafts circulated to a person who is not an
702	702	344
703	703	employee or head of a governmental entity for the person's response or information;
704	704	345
705	705	(d) records that would disclose an outline or part of any investigation, audit survey plan,
706	706	346
707	707	or audit program; or
708	708	347
709	709	(e) requests for an investigation or audit, if disclosure would risk circumvention of an
710	710	348
711	711	investigation or audit;
712	712	349
713	713	(60) records that reveal methods used by the Office of Inspector General of Medicaid
714	714	350
715	715	Services, the fraud unit, or the Department of Health and Human Services, to discover
716	716	351
717	717	Medicaid fraud, waste, or abuse;
718	718	352
719	719	(61) information provided to the Department of Health and Human Services or the Division
720	720	353
721	721	of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
722	722	354
723	723	58-68-304(3) and (4);
724	724	355
725	725	(62) a record described in Section 63G-12-210;
726	726	356
727	727	(63) captured plate data that is obtained through an automatic license plate reader system
728	728	357
729	729	used by a governmental entity as authorized in Section 41-6a-2003;
730	730	358
731	731	(64) an audio or video recording created by a body-worn camera, as that term is defined in
732	732	359
733	733	Section 77-7a-103, that records sound or images inside a hospital or health care facility
734	734	360
735	735	as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
736	736	361
737	737	as that term is defined in Section 78B-3-403, or inside a human service program as that
738	738	362
739	739	term is defined in Section 26B-2-101, except for recordings that:
740	740	363
741	741	(a) depict the commission of an alleged crime;
742	742	364
743	743	(b) record any encounter between a law enforcement officer and a person that results in
744	744	365
745	745	death or bodily injury, or includes an instance when an officer fires a weapon;
746	746	366
747	747	(c) record any encounter that is the subject of a complaint or a legal proceeding against a
748	748	367
749	749	law enforcement officer or law enforcement agency;
750	750	368
751	751	(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
752	752	369
753	753	or
754	754	370
755	755	(e) have been requested for reclassification as a public record by a subject or authorized
756	756	- 11 - S.B. 225 02-04 13:22
757	757	371
758	758	agent of a subject featured in the recording;
759	759	372
760	760	(65) a record pertaining to the search process for a president of an institution of higher
761	761	373
762	762	education described in Section 53B-2-102, except for application materials for a publicly
763	763	374
764	764	announced finalist;
765	765	375
766	766	(66) an audio recording that is:
767	767	376
768	768	(a) produced by an audio recording device that is used in conjunction with a device or
769	769	377
770	770	piece of equipment designed or intended for resuscitating an individual or for treating
771	771	378
772	772	an individual with a life-threatening condition;
773	773	379
774	774	(b) produced during an emergency event when an individual employed to provide law
775	775	380
776	776	enforcement, fire protection, paramedic, emergency medical, or other first responder
777	777	381
778	778	service:
779	779	382
780	780	(i) is responding to an individual needing resuscitation or with a life-threatening
781	781	383
782	782	condition; and
783	783	384
784	784	(ii) uses a device or piece of equipment designed or intended for resuscitating an
785	785	385
786	786	individual or for treating an individual with a life-threatening condition; and
787	787	386
788	788	(c) intended and used for purposes of training emergency responders how to improve
789	789	387
790	790	their response to an emergency situation;
791	791	388
792	792	(67) records submitted by or prepared in relation to an applicant seeking a recommendation
793	793	389
794	794	by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
795	795	390
796	796	Audit Subcommittee, established under Section 36-12-8, for an employment position
797	797	391
798	798	with the Legislature;
799	799	392
800	800	(68) work papers as defined in Section 31A-2-204;
801	801	393
802	802	(69) a record made available to Adult Protective Services or a law enforcement agency
803	803	394
804	804	under Section 61-1-206;
805	805	395
806	806	(70) a record submitted to the Insurance Department in accordance with Section
807	807	396
808	808	31A-37-201;
809	809	397
810	810	(71) a record described in Section 31A-37-503;
811	811	398
812	812	(72) any record created by the Division of Professional Licensing as a result of Subsection
813	813	399
814	814	58-37f-304(5) or 58-37f-702(2)(a)(ii);
815	815	400
816	816	(73) a record described in Section 72-16-306 that relates to the reporting of an injury
817	817	401
818	818	involving an amusement ride;
819	819	402
820	820	(74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
821	821	403
822	822	political petition, or on a request to withdraw a signature from a political petition,
823	823	404
824	824	including a petition or request described in the following titles:
825	825	- 12 - 02-04 13:22 S.B. 225
826	826	405
827	827	(a) Title 10, Utah Municipal Code;
828	828	406
829	829	(b) Title 17, Counties;
830	830	407
831	831	(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
832	832	408
833	833	(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
834	834	409
835	835	(e) Title 20A, Election Code;
836	836	410
837	837	(75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
838	838	411
839	839	voter registration record;
840	840	412
841	841	(76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
842	842	413
843	843	described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
844	844	414
845	845	political subdivision collected or held under, or in relation to, Title 20A, Election Code;
846	846	415
847	847	(77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
848	848	416
849	849	Victims Guidelines for Prosecutors Act;
850	850	417
851	851	(78) a record submitted to the Insurance Department under Section 31A-48-103;
852	852	418
853	853	(79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
854	854	419
855	855	prohibited under Section 63G-26-103;
856	856	420
857	857	(80) an image taken of an individual during the process of booking the individual into jail,
858	858	421
859	859	unless:
860	860	422
861	861	(a) the individual is convicted of a criminal offense based upon the conduct for which
862	862	423
863	863	the individual was incarcerated at the time the image was taken;
864	864	424
865	865	(b) a law enforcement agency releases or disseminates the image:
866	866	425
867	867	(i) after determining that the individual is a fugitive or an imminent threat to an
868	868	426
869	869	individual or to public safety and releasing or disseminating the image will assist
870	870	427
871	871	in apprehending the individual or reducing or eliminating the threat; or
872	872	428
873	873	(ii) to a potential witness or other individual with direct knowledge of events relevant
874	874	429
875	875	to a criminal investigation or criminal proceeding for the purpose of identifying or
876	876	430
877	877	locating an individual in connection with the criminal investigation or criminal
878	878	431
879	879	proceeding;
880	880	432
881	881	(c) a judge orders the release or dissemination of the image based on a finding that the
882	882	433
883	883	release or dissemination is in furtherance of a legitimate law enforcement interest; or
884	884	434
885	885	(d) the image is displayed to a person who is permitted to view the image under Section
886	886	435
887	887	17-22-30[.] ;
888	888	436
889	889	(81) a record:
890	890	437
891	891	(a) concerning an interstate claim to the use of waters in the Colorado River system;
892	892	438
893	893	(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
894	894	- 13 - S.B. 225 02-04 13:22
895	895	439
896	896	representative from another state or the federal government as provided in Section
897	897	440
898	898	63M-14-205; and
899	899	441
900	900	(c) the disclosure of which would:
901	901	442
902	902	(i) reveal a legal strategy relating to the state's claim to the use of the water in the
903	903	443
904	904	Colorado River system;
905	905	444
906	906	(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
907	907	445
908	908	negotiate the best terms and conditions regarding the use of water in the Colorado
909	909	446
910	910	River system; or
911	911	447
912	912	(iii) give an advantage to another state or to the federal government in negotiations
913	913	448
914	914	regarding the use of water in the Colorado River system;
915	915	449
916	916	(82) any part of an application described in Section 63N-16-201 that the Governor's Office
917	917	450
918	918	of Economic Opportunity determines is nonpublic, confidential information that if
919	919	451
920	920	disclosed would result in actual economic harm to the applicant, but this Subsection (82)
921	921	452
922	922	may not be used to restrict access to a record evidencing a final contract or approval
923	923	453
924	924	decision;
925	925	454
926	926	(83) the following records of a drinking water or wastewater facility:
927	927	455
928	928	(a) an engineering or architectural drawing of the drinking water or wastewater facility;
929	929	456
930	930	and
931	931	457
932	932	(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
933	933	458
934	934	drinking water or wastewater facility uses to secure, or prohibit access to, the records
935	935	459
936	936	described in Subsection (83)(a);
937	937	460
938	938	(84) a statement that an employee of a governmental entity provides to the governmental
939	939	461
940	940	entity as part of the governmental entity's personnel or administrative investigation into
941	941	462
942	942	potential misconduct involving the employee if the governmental entity:
943	943	463
944	944	(a) requires the statement under threat of employment disciplinary action, including
945	945	464
946	946	possible termination of employment, for the employee's refusal to provide the
947	947	465
948	948	statement; and
949	949	466
950	950	(b) provides the employee assurance that the statement cannot be used against the
951	951	467
952	952	employee in any criminal proceeding;
953	953	468
954	954	(85) any part of an application for a Utah Fits All Scholarship account described in Section
955	955	469
956	956	53F-6-402 or other information identifying a scholarship student as defined in Section
957	957	470
958	958	53F-6-401;
959	959	471
960	960	(86) a record:
961	961	472
962	962	(a) concerning a claim to the use of waters in the Great Salt Lake;
963	963	- 14 - 02-04 13:22 S.B. 225
964	964	473
965	965	(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
966	966	474
967	967	person concerning the claim, including a representative from another state or the
968	968	475
969	969	federal government; and
970	970	476
971	971	(c) the disclosure of which would:
972	972	477
973	973	(i) reveal a legal strategy relating to the state's claim to the use of the water in the
974	974	478
975	975	Great Salt Lake;
976	976	479
977	977	(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
978	978	480
979	979	and conditions regarding the use of water in the Great Salt Lake; or
980	980	481
981	981	(iii) give an advantage to another person including another state or to the federal
982	982	482
983	983	government in negotiations regarding the use of water in the Great Salt Lake; [and]
984	984	483
985	985	(87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
986	986	484
987	987	reclassified as public as described in Subsection 13-2-11(4)[.] ;
988	988	485
989	989	(88) a record of the Utah water agent, appointed under Section 73-10g-702:
990	990	486
991	991	(a) concerning a claim to the use of waters;
992	992	487
993	993	(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
994	994	488
995	995	representative from another state, a tribe, the federal government, or other
996	996	489
997	997	government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
998	998	490
999	999	and
1000	1000	491
1001	1001	(c) the disclosure of which would:
1002	1002	492
1003	1003	(i) reveal a legal strategy relating to the state's claim to the use of the water;
1004	1004	493
1005	1005	(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
1006	1006	494
1007	1007	regarding the use of water; or
1008	1008	495
1009	1009	(iii) give an advantage to another state, a tribe, the federal government, or other
1010	1010	496
1011	1011	government entity in negotiations regarding the use of water[.] ; and
1012	1012	497
1013	1013	(89) a final plan and specification of a building that bears an architect's seal as provided in
1014	1014	498
1015	1015	Section 58-3a-602 if the architect is required to provide the final plan and specification
1016	1016	499
1017	1017	to a government entity in order to comply with a law, ordinance, rule, or order of a
1018	1018	500
1019	1019	government entity.
1020	1020	501
1021	1021	Section 2. Section 63G-2-801 is amended to read:
1022	1022	502
1023	1023	63G-2-801 . Criminal penalties.
1024	1024	503
1025	1025	(1)(a) A public employee or other person who has lawful access to any private,
1026	1026	504
1027	1027	controlled, or protected record under this chapter, and who intentionally discloses,
1028	1028	505
1029	1029	provides a copy of, or improperly uses a private, controlled, or protected record
1030	1030	506
1031	1031	knowing that the disclosure or use is prohibited under this chapter, is, except as
1032	1032	- 15 - S.B. 225 02-04 13:22
1033	1033	507
1034	1034	provided in Subsection 53-5-708(1)(c), guilty of a class B misdemeanor.
1035	1035	508
1036	1036	(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
1037	1037	509
1038	1038	private, controlled, or protected information in the reasonable belief that the use or
1039	1039	510
1040	1040	disclosure of the information was necessary to expose a violation of law involving
1041	1041	511
1042	1042	government corruption, abuse of office, or misappropriation of public funds or
1043	1043	512
1044	1044	property.
1045	1045	513
1046	1046	(c) It is a defense to prosecution under Subsection (1)(a) that the record could have
1047	1047	514
1048	1048	lawfully been released to the recipient if it had been properly classified.
1049	1049	515
1050	1050	(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
1051	1051	516
1052	1052	other person disclosed, provided, or used the record based on a good faith belief that
1053	1053	517
1054	1054	the disclosure, provision, or use was in accordance with the law.
1055	1055	518
1056	1056	(2)(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
1057	1057	519
1058	1058	copy of any private, controlled, or protected record to which the person is not legally
1059	1059	520
1060	1060	entitled is guilty of a class B misdemeanor.
1061	1061	521
1062	1062	(b) No person shall be guilty under Subsection (2)(a) who receives the record,
1063	1063	522
1064	1064	information, or copy after the fact and without prior knowledge of or participation in
1065	1065	523
1066	1066	the false pretenses, bribery, or theft.
1067	1067	524
1068	1068	(3)(a) A public employee who intentionally refuses to release a record, the disclosure of
1069	1069	525
1070	1070	which the employee knows is required by law, is guilty of a class B misdemeanor.
1071	1071	526
1072	1072	(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
1073	1073	527
1074	1074	failure to release the record was based on a good faith belief that the public employee
1075	1075	528
1076	1076	was acting in accordance with the requirements of law.
1077	1077	529
1078	1078	(c) A public employee who intentionally refuses to release a record, the disclosure of
1079	1079	530
1080	1080	which the employee knows is required by a final unappealed order from a
1081	1081	531
1082	1082	government entity, the State Records Committee, or a court is guilty of a class B
1083	1083	532
1084	1084	misdemeanor.
1085	1085	533
1086	1086	(4)(a) A public employee who inadvertently discloses or provides a copy of a private,
1087	1087	534
1088	1088	controlled, or protected record as described in Section 63G-2-805 is not guilty of an
1089	1089	535
1090	1090	offense under this chapter.
1091	1091	536
1092	1092	(b) A public employee or other person who inadvertently receives a copy of a private,
1093	1093	537
1094	1094	controlled, or protected record as described in Section 63G-2-805 is guilty of a class
1095	1095	538
1096	1096	B misdemeanor if the individual:
1097	1097	539
1098	1098	(i) received a notification of the improper disclosure as provided in Section
1099	1099	540
1100	1100	63G-2-805; and
1101	1101	- 16 - 02-04 13:22 S.B. 225
1102	1102	541
1103	1103	(ii)(A) intentionally or knowingly discloses or provides a copy of the private,
1104	1104	542
1105	1105	controlled, or protected record; or
1106	1106	543
1107	1107	(B) improperly uses the private, controlled, or protected record.
1108	1108	544
1109	1109	Section 3. Section 63G-2-805 is enacted to read:
1110	1110	545
1111	1111	63G-2-805 . Withdraw of response - Requirements.
1112	1112	546
1113	1113	(1) Notwithstanding any other provision of this chapter, a public employee who has lawful
1114	1114	547
1115	1115	access to any private, controlled, or protected record under this chapter, and who
1116	1116	548
1117	1117	inadvertently discloses or provides a copy of the record in the good faith belief that the
1118	1118	549
1119	1119	record was properly classified, shall promptly notify the requester of the improper
1120	1120	550
1121	1121	disclosure.
1122	1122	551
1123	1123	(2) A requester who receives a notification described in Subsection (1):
1124	1124	552
1125	1125	(a) shall immediately destroy or return all copies of the improperly disclosed record; and
1126	1126	553
1127	1127	(b) remains subject to penalties described in Section 63G-2-801 for further disclosure of
1128	1128	554
1129	1129	the improperly disclosed record.
1130	1130	555
1131	1131	(3) An inadvertent disclosure as described in this section does not constitute a waiver of any
1132	1132	556
1133	1133	privilege pertaining to the record.
1134	1134	557
1135	1135	Section 4. Effective Date.
1136	1136	558
1137	1137	This bill takes effect on May 7, 2025.
1138	1138	- 17 -