Utah 2025 Regular Session

Utah Senate Bill SB0288 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	03-02 23:13 1st Sub. (Green) S.B. 288
2		-	Stephanie Pitcher proposes the following substitute bill:
	1	+	02-17 10:38 S.B. 288
3	2		1
4	3		Employment Investigation Records Amendments
5	4		2025 GENERAL SESSION
6	5		STATE OF UTAH
7	6		Chief Sponsor: Stephanie Pitcher
8	7		House Sponsor:
9	8		2
10	9
11	10		3
12	11		LONG TITLE
13	12		4
14	13		General Description:
15	14		5
16	15		This bill amends provisions relating to certain employment records of alleged misconduct.
17	16		6
18	17		Highlighted Provisions:
19	18		7
20	19		This bill:
21	20		8
22		-	▸ ~~defines terms;~~
	21	+	▸ establishes, as a public record, a final written decision on a matter of alleged employment
23	22		9
24		-	~~▸ makes a record of alleged employment~~ or workplace misconduct ~~(investigation record) a~~
	23	+	or workplace misconduct;
25	24		10
26		-	private record;
	25	+	▸ establishes, as a private record, a record of alleged employment or workplace misconduct
27	26		11
28		-	~~▸ prohibits the disclosure of an investigation record while an investigation is proceeding;~~
	27	+	that does not qualify as a final written decision, including reports, complaints,
29	28		12
30		-	~~▸ describes the circumstances under which an investigation record must be released~~;
	29	+	investigatory records, and other records relating to alleged employee misconduct;
31	30		13
32		-	▸ ~~identifies~~ the ~~information that must be redacted~~ from ~~an investigation record when the~~
	31	+	▸ exempts a private record described in the preceding section from certain provisions that
33	32		14
34		-	record ~~is disclosed~~;
	33	+	may result in releasing the record despite the private nature of the record; and
35	34		15
36		-	▸ ~~places limitations on the length of time an investigation may proceed without an~~
	35	+	▸ makes technical and conforming changes.
37	36		16
38		-	~~investigation record being subject to release; and~~
	37	+	Money Appropriated in this Bill:
39	38		17
40		-	~~▸ makes technical and conforming changes.~~
	39	+	None
41	40		18
42		-	~~Money Appropriated in this Bill~~:
	41	+	Other Special Clauses:
43	42		19
44	43		None
45	44		20
46		-	~~Other Special Clauses~~:
	45	+	Utah Code Sections Affected:
47	46		21
48		-	~~None~~
	47	+	AMENDS:
49	48		22
50		-	Utah ~~Code Sections Affected:~~
	49	+	20A-11-1205, as last amended by Laws of Utah 2020, Chapter 22
51	50		23
52		-	~~AMENDS:~~
	51	+	63G-2-103, as last amended by Laws of Utah 2024, Chapters 18, 465, 509, and 522
53	52		24
54	53		63G-2-301, as last amended by Laws of Utah 2020, Chapters 255, 399
55	54		25
56	55		63G-2-302, as last amended by Laws of Utah 2024, Chapter 234
57	56		26
58		-	~~ENACTS:~~
	57	+	77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
59	58		27
60		-	~~63G-2-302.5, Utah Code Annotated 1953~~
	59	+
61	60		28
62		-
63		-	1st Sub. S.B. 288 1st Sub. (Green) S.B. 288 03-02 23:13
	61	+	Be it enacted by the Legislature of the state of Utah:
64	62		29
65		-	~~Be it enacted by the Legislature of the state of Utah~~:
	63	+	Section 1. Section 20A-11-1205 is amended to read:
66	64		30
67		-	Section 1. Section 63G-2-301 is amended to read:
	65	+	20A-11-1205 . Use of public email for a political purpose.
	66	+	S.B. 288 S.B. 288 02-17 10:38
68	67		31
	68	+	(1) Except as provided in Subsection (5), a person may not send an email using the email of
	69	+	32
	70	+	a public entity:
	71	+	33
	72	+	(a) for a political purpose;
	73	+	34
	74	+	(b) to advocate for or against a proposed initiative, initiative, proposed referendum,
	75	+	35
	76	+	referendum, a proposed bond, a bond, or any ballot proposition; or
	77	+	36
	78	+	(c) to solicit a campaign contribution.
	79	+	37
	80	+	(2)(a) The lieutenant governor shall, after giving the person and the complainant notice
	81	+	38
	82	+	and an opportunity to be heard, impose a civil fine against a person who violates
	83	+	39
	84	+	Subsection (1) as follows:
	85	+	40
	86	+	(i) up to $250 for a first violation; and
	87	+	41
	88	+	(ii) except as provided in Subsection (3), for each subsequent violation committed
	89	+	42
	90	+	after the lieutenant governor imposes a fine against the person for a first violation,
	91	+	43
	92	+	$1,000 multiplied by the number of violations committed by the person.
	93	+	44
	94	+	(b) A person may, within 30 days after the day on which the lieutenant governor
	95	+	45
	96	+	imposes a fine against the person under this Subsection (2), appeal the fine to a
	97	+	46
	98	+	district court.
	99	+	47
	100	+	(3) The lieutenant governor shall consider a violation of this section as a first violation if
	101	+	48
	102	+	the violation is committed more than seven years after the day on which the person last
	103	+	49
	104	+	committed a violation of this section.
	105	+	50
	106	+	(4) For purposes of this section, one violation means one act of sending an email, regardless
	107	+	51
	108	+	of the number of recipients of the email.
	109	+	52
	110	+	(5) A person does not violate this section if:
	111	+	53
	112	+	(a) the lieutenant governor finds that the email described in Subsection (1) was
	113	+	54
	114	+	inadvertently sent by the person using the email of a public entity;
	115	+	55
	116	+	(b) the person is directly providing information solely to another person or a group of
	117	+	56
	118	+	people in response to a question asked by the other person or group of people;
	119	+	57
	120	+	(c) the information the person emails is an argument or rebuttal argument prepared
	121	+	58
	122	+	under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing
	123	+	59
	124	+	argument and rebuttal argument that:
	125	+	60
	126	+	(i) relates to the same proposed initiative, initiative, proposed referendum, or
	127	+	61
	128	+	referendum; and
	129	+	62
	130	+	(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
	131	+	63
	132	+	(d) the person is engaging in:
	133	+	64
	134	+	(i) an internal communication solely within the public entity;
	135	+	- 2 - 02-17 10:38 S.B. 288
	136	+	65
	137	+	(ii) a communication solely with another public entity;
	138	+	66
	139	+	(iii) a communication solely with legal counsel;
	140	+	67
	141	+	(iv) a communication solely with the sponsors of an initiative or referendum;
	142	+	68
	143	+	(v) a communication solely with a land developer for a project permitted by a local
	144	+	69
	145	+	land use law that is challenged by a proposed referendum or a referendum; or
	146	+	70
	147	+	(vi) a communication solely with a person involved in a business transaction directly
	148	+	71
	149	+	relating to a project described in Subsection (5)(d)(v).
	150	+	72
	151	+	(6) A violation of this section does not invalidate an otherwise valid election.
	152	+	73
	153	+	(7) An email sent in violation of Subsection (1), as determined by the records officer,
	154	+	74
	155	+	constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of
	156	+	75
	157	+	Title 63G, Chapter 2, Government Records Access and Management Act,
	158	+	76
	159	+	notwithstanding any applicability of Subsection [63G-2-103(25)(b)(i)]
	160	+	77
	161	+	63G-2-103(26)(b)(i).
	162	+	78
	163	+	Section 2. Section 63G-2-103 is amended to read:
	164	+	79
	165	+	63G-2-103 . Definitions.
	166	+	80
	167	+	As used in this chapter:
	168	+	81
	169	+	(1) "Audit" means:
	170	+	82
	171	+	(a) a systematic examination of financial, management, program, and related records for
	172	+	83
	173	+	the purpose of determining the fair presentation of financial statements, adequacy of
	174	+	84
	175	+	internal controls, or compliance with laws and regulations; or
	176	+	85
	177	+	(b) a systematic examination of program procedures and operations for the purpose of
	178	+	86
	179	+	determining their effectiveness, economy, efficiency, and compliance with statutes
	180	+	87
	181	+	and regulations.
	182	+	88
	183	+	(2) "Chronological logs" mean the regular and customary summary records of law
	184	+	89
	185	+	enforcement agencies and other public safety agencies that show:
	186	+	90
	187	+	(a) the time and general nature of police, fire, and paramedic calls made to the agency;
	188	+	91
	189	+	and
	190	+	92
	191	+	(b) any arrests or jail bookings made by the agency.
	192	+	93
	193	+	(3) "Classification," "classify," and their derivative forms mean determining whether a
	194	+	94
	195	+	record series, record, or information within a record is public, private, controlled,
	196	+	95
	197	+	protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
	198	+	96
	199	+	(4)(a) "Computer program" means:
	200	+	97
	201	+	(i) a series of instructions or statements that permit the functioning of a computer
	202	+	98
	203	+	system in a manner designed to provide storage, retrieval, and manipulation of
	204	+	- 3 - S.B. 288 02-17 10:38
	205	+	99
	206	+	data from the computer system; and
	207	+	100
	208	+	(ii) any associated documentation and source material that explain how to operate the
	209	+	101
	210	+	computer program.
	211	+	102
	212	+	(b) "Computer program" does not mean:
	213	+	103
	214	+	(i) the original data, including numbers, text, voice, graphics, and images;
	215	+	104
	216	+	(ii) analysis, compilation, and other manipulated forms of the original data produced
	217	+	105
	218	+	by use of the program; or
	219	+	106
	220	+	(iii) the mathematical or statistical formulas, excluding the underlying mathematical
	221	+	107
	222	+	algorithms contained in the program, that would be used if the manipulated forms
	223	+	108
	224	+	of the original data were to be produced manually.
	225	+	109
	226	+	(5)(a) "Contractor" means:
	227	+	110
	228	+	(i) any person who contracts with a governmental entity to provide goods or services
	229	+	111
	230	+	directly to a governmental entity; or
	231	+	112
	232	+	(ii) any private, nonprofit organization that receives funds from a governmental entity.
	233	+	113
	234	+	(b) "Contractor" does not mean a private provider.
	235	+	114
	236	+	(6) "Controlled record" means a record containing data on individuals that is controlled as
	237	+	115
	238	+	provided by Section 63G-2-304.
	239	+	116
	240	+	(7) "Designation," "designate," and their derivative forms mean indicating, based on a
	241	+	117
	242	+	governmental entity's familiarity with a record series or based on a governmental entity's
	243	+	118
	244	+	review of a reasonable sample of a record series, the primary classification that a
	245	+	119
	246	+	majority of records in a record series would be given if classified and the classification
	247	+	120
	248	+	that other records typically present in the record series would be given if classified.
	249	+	121
	250	+	(8) "Elected official" means each person elected to a state office, county office, municipal
	251	+	122
	252	+	office, school board or school district office, special district office, or special service
	253	+	123
	254	+	district office, but does not include judges.
	255	+	124
	256	+	(9) "Explosive" means a chemical compound, device, or mixture:
	257	+	125
	258	+	(a) commonly used or intended for the purpose of producing an explosion; and
	259	+	126
	260	+	(b) that contains oxidizing or combustive units or other ingredients in proportions,
	261	+	127
	262	+	quantities, or packing so that:
	263	+	128
	264	+	(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
	265	+	129
	266	+	compound or mixture may cause a sudden generation of highly heated gases; and
	267	+	130
	268	+	(ii) the resultant gaseous pressures are capable of:
	269	+	131
	270	+	(A) producing destructive effects on contiguous objects; or
	271	+	132
	272	+	(B) causing death or serious bodily injury.
	273	+	- 4 - 02-17 10:38 S.B. 288
	274	+	133
	275	+	(10) "Final written decision on a matter of alleged employment or workplace misconduct"
	276	+	134
	277	+	means a final, written, administrative decision following investigation into, and final
	278	+	135
	279	+	resolution of, a matter of alleged unlawful harassment, unlawful discriminatory conduct,
	280	+	136
	281	+	discriminatory conduct in violation of a policy, or related retaliation.
	282	+	137
	283	+	[(10)] (11) "Government audit agency" means any governmental entity that conducts an
	284	+	138
	285	+	audit.
	286	+	139
	287	+	[(11)] (12)(a) "Governmental entity" means:
	288	+	140
	289	+	(i) executive department agencies of the state, the offices of the governor, lieutenant
	290	+	141
	291	+	governor, state auditor, attorney general, and state treasurer, the Board of Pardons
	292	+	142
	293	+	and Parole, the Board of Examiners, the National Guard, the Career Service
	294	+	143
	295	+	Review Office, the State Board of Education, the Utah Board of Higher
	296	+	144
	297	+	Education, and the State Archives;
	298	+	145
	299	+	(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
	300	+	146
	301	+	Analyst, Office of Legislative Research and General Counsel, the Legislature, and
	302	+	147
	303	+	legislative committees, except any political party, group, caucus, or rules or sifting
	304	+	148
	305	+	committee of the Legislature;
	306	+	149
	307	+	(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
	308	+	150
	309	+	administrative units in the judicial branch;
	310	+	151
	311	+	(iv) any state-funded institution of higher education or public education; or
	312	+	152
	313	+	(v) any political subdivision of the state, but, if a political subdivision has adopted an
	314	+	153
	315	+	ordinance or a policy relating to information practices pursuant to Section
	316	+	154
	317	+	63G-2-701, this chapter shall apply to the political subdivision to the extent
	318	+	155
	319	+	specified in Section 63G-2-701 or as specified in any other section of this chapter
	320	+	156
	321	+	that specifically refers to political subdivisions.
	322	+	157
	323	+	(b) "Governmental entity" [also means] includes:
	324	+	158
	325	+	(i) every office, agency, board, bureau, committee, department, advisory board, or
	326	+	159
	327	+	commission of an entity listed in Subsection [(11)(a)] (12)(a) that is funded or
	328	+	160
	329	+	established by the government to carry out the public's business;
	330	+	161
	331	+	(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
	332	+	162
	333	+	undertaking, except for the Water District Water Development Council created
	334	+	163
	335	+	pursuant to Section 11-13-228;
	336	+	164
	337	+	(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
	338	+	165
	339	+	(iv) an association as defined in Section 53G-7-1101;
	340	+	166
	341	+	(v) the Utah Independent Redistricting Commission; and
	342	+	- 5 - S.B. 288 02-17 10:38
	343	+	167
	344	+	(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
	345	+	168
	346	+	more law enforcement officers, as defined in Section 53-13-103.
	347	+	169
	348	+	(c) "Governmental entity" does not include the Utah Educational Savings Plan created in
	349	+	170
	350	+	Section 53B-8a-103.
	351	+	171
	352	+	[(12)] (13) "Gross compensation" means every form of remuneration payable for a given
	353	+	172
	354	+	period to an individual for services provided including salaries, commissions, vacation
	355	+	173
	356	+	pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind,
	357	+	174
	358	+	and any similar benefit received from the individual's employer.
	359	+	175
	360	+	[(13)] (14) "Individual" means a human being.
	361	+	176
	362	+	[(14)] (15)(a) "Initial contact report" means an initial written or recorded report, however
	363	+	177
	364	+	titled, prepared by peace officers engaged in public patrol or response duties
	365	+	178
	366	+	describing official actions initially taken in response to either a public complaint
	367	+	179
	368	+	about or the discovery of an apparent violation of law, which report may describe:
	369	+	180
	370	+	(i) the date, time, location, and nature of the complaint, the incident, or offense;
	371	+	181
	372	+	(ii) names of victims;
	373	+	182
	374	+	(iii) the nature or general scope of the agency's initial actions taken in response to the
	375	+	183
	376	+	incident;
	377	+	184
	378	+	(iv) the general nature of any injuries or estimate of damages sustained in the incident;
	379	+	185
	380	+	(v) the name, address, and other identifying information about any person arrested or
	381	+	186
	382	+	charged in connection with the incident; or
	383	+	187
	384	+	(vi) the identity of the public safety personnel, except undercover personnel, or
	385	+	188
	386	+	prosecuting attorney involved in responding to the initial incident.
	387	+	189
	388	+	(b) Initial contact reports do not include follow-up or investigative reports prepared after
	389	+	190
	390	+	the initial contact report. However, if the information specified in Subsection [(14)(a)]
	391	+	191
	392	+	(15)(a) appears in follow-up or investigative reports, it may only be treated
	393	+	192
	394	+	confidentially if it is private, controlled, protected, or exempt from disclosure under
	395	+	193
	396	+	Subsection 63G-2-201(3)(b).
	397	+	194
	398	+	(c) Initial contact reports do not include accident reports, as that term is described in
	399	+	195
	400	+	Title 41, Chapter 6a, Part 4, Accident Responsibilities.
	401	+	196
	402	+	[(15)] (16) "Legislative body" means the Legislature.
	403	+	197
	404	+	[(16)] (17) "Notice of compliance" means a statement confirming that a governmental entity
	405	+	198
	406	+	has complied with an order of the State Records Committee.
	407	+	199
	408	+	[(17)] (18) "Person" means:
	409	+	200
	410	+	(a) an individual;
	411	+	- 6 - 02-17 10:38 S.B. 288
	412	+	201
	413	+	(b) a nonprofit or profit corporation;
	414	+	202
	415	+	(c) a partnership;
	416	+	203
	417	+	(d) a sole proprietorship;
	418	+	204
	419	+	(e) other type of business organization; or
	420	+	205
	421	+	(f) any combination acting in concert with one another.
	422	+	206
	423	+	[(18)] (19) "Personal identifying information" means the same as that term is defined in
	424	+	207
	425	+	Section 63A-12-100.5.
	426	+	208
	427	+	[(19)] (20) "Privacy annotation" means the same as that term is defined in Section
	428	+	209
	429	+	63A-12-100.5.
	430	+	210
	431	+	[(20)] (21) "Private provider" means any person who contracts with a governmental entity to
	432	+	211
	433	+	provide services directly to the public.
	434	+	212
	435	+	[(21)] (22) "Private record" means a record containing data on individuals that is private as
	436	+	213
	437	+	provided by Section 63G-2-302.
	438	+	214
	439	+	[(22)] (23) "Protected record" means a record that is classified protected as provided by
	440	+	215
	441	+	Section 63G-2-305.
	442	+	216
	443	+	[(23)] (24) "Public record" means a record that is not private, controlled, or protected and
	444	+	217
	445	+	that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
	446	+	218
	447	+	[(24)] (25) "Reasonable search" means a search that is:
	448	+	219
	449	+	(a) reasonable in scope and intensity; and
	450	+	220
	451	+	(b) not unreasonably burdensome for the government entity.
	452	+	221
	453	+	[(25)] (26)(a) "Record" means a book, letter, document, paper, map, plan, photograph,
	454	+	222
	455	+	film, card, tape, recording, electronic data, or other documentary material regardless
	456	+	223
	457	+	of physical form or characteristics:
	458	+	224
	459	+	(i) that is prepared, owned, received, or retained by a governmental entity or political
	460	+	225
	461	+	subdivision; and
	462	+	226
	463	+	(ii) where all of the information in the original is reproducible by photocopy or other
	464	+	227
	465	+	mechanical or electronic means.
	466	+	228
	467	+	(b) "Record" does not include:
	468	+	229
	469	+	(i) a personal note or personal communication prepared or received by an employee
	470	+	230
	471	+	or officer of a governmental entity:
	472	+	231
	473	+	(A) in a capacity other than the employee's or officer's governmental capacity; or
	474	+	232
	475	+	(B) that is unrelated to the conduct of the public's business;
	476	+	233
	477	+	(ii) a temporary draft or similar material prepared for the originator's personal use or
	478	+	234
	479	+	prepared by the originator for the personal use of an individual for whom the
	480	+	- 7 - S.B. 288 02-17 10:38
	481	+	235
	482	+	originator is working;
	483	+	236
	484	+	(iii) material that is legally owned by an individual in the individual's private capacity;
	485	+	237
	486	+	(iv) material to which access is limited by the laws of copyright or patent unless the
	487	+	238
	488	+	copyright or patent is owned by a governmental entity or political subdivision;
	489	+	239
	490	+	(v) proprietary software;
	491	+	240
	492	+	(vi) junk mail or a commercial publication received by a governmental entity or an
	493	+	241
	494	+	official or employee of a governmental entity;
	495	+	242
	496	+	(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
	497	+	243
	498	+	of a library open to the public;
	499	+	244
	500	+	(viii) material that is cataloged, indexed, or inventoried and contained in the
	501	+	245
	502	+	collections of a library open to the public, regardless of physical form or
	503	+	246
	504	+	characteristics of the material;
	505	+	247
	506	+	(ix) a daily calendar ;
	507	+	248
	508	+	(x) a note prepared by the originator for the originator's own use or for the sole use of
	509	+	249
	510	+	an individual for whom the originator is working;
	511	+	250
	512	+	(xi) a computer program that is developed or purchased by or for any governmental
	513	+	251
	514	+	entity for its own use;
	515	+	252
	516	+	(xii) a note or internal memorandum prepared as part of the deliberative process by:
	517	+	253
	518	+	(A) a member of the judiciary;
	519	+	254
	520	+	(B) an administrative law judge;
	521	+	255
	522	+	(C) a member of the Board of Pardons and Parole; or
	523	+	256
	524	+	(D) a member of any other body, other than an association or appeals panel as
	525	+	257
	526	+	defined in Section 53G-7-1101, charged by law with performing a
	527	+	258
	528	+	quasi-judicial function;
	529	+	259
	530	+	(xiii) a telephone number or similar code used to access a mobile communication
	531	+	260
	532	+	device that is used by an employee or officer of a governmental entity, provided
	533	+	261
	534	+	that the employee or officer of the governmental entity has designated at least one
	535	+	262
	536	+	business telephone number that is a public record as provided in Section
	537	+	263
	538	+	63G-2-301;
	539	+	264
	540	+	(xiv) information provided by the Public Employees' Benefit and Insurance Program,
	541	+	265
	542	+	created in Section 49-20-103, to a county to enable the county to calculate the
	543	+	266
	544	+	amount to be paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
	545	+	267
	546	+	(xv) information that an owner of unimproved property provides to a local entity as
	547	+	268
	548	+	provided in Section 11-42-205;
	549	+	- 8 - 02-17 10:38 S.B. 288
	550	+	269
	551	+	(xvi) a video or audio recording of an interview, or a transcript of the video or audio
	552	+	270
	553	+	recording, that is conducted at a Children's Justice Center established under
	554	+	271
	555	+	Section 67-5b-102;
	556	+	272
	557	+	(xvii) child sexual abuse material, as defined by Section 76-5b-103;
	558	+	273
	559	+	(xviii) before final disposition of an ethics complaint occurs, a video or audio
	560	+	274
	561	+	recording of the closed portion of a meeting or hearing of:
	562	+	275
	563	+	(A) a Senate or House Ethics Committee;
	564	+	276
	565	+	(B) the Independent Legislative Ethics Commission;
	566	+	277
	567	+	(C) the Independent Executive Branch Ethics Commission, created in Section
	568	+	278
	569	+	63A-14-202; or
	570	+	279
	571	+	(D) the Political Subdivisions Ethics Review Commission established in Section
	572	+	280
	573	+	63A-15-201;
	574	+	281
	575	+	(xix) confidential communication described in Section 58-60-102, 58-61-102, or
	576	+	282
	577	+	58-61-702;
	578	+	283
	579	+	(xx) any item described in Subsection [(25)(a)] (26)(a) that is:
	580	+	284
	581	+	(A) described in Subsection [63G-2-305(17), (18), or (23)(b)] 63G-2-305(18),
	582	+	285
	583	+	(19), or (24)(b); and
	584	+	286
	585	+	(B) shared between any of the following entities:
	586	+	287
	587	+	(I) the Division of Risk Management;
	588	+	288
	589	+	(II) the Office of the Attorney General;
	590	+	289
	591	+	(III) the governor's office; or
	592	+	290
	593	+	(IV) the Legislature; or
	594	+	291
	595	+	(xxi) the email address that a candidate for elective office provides to a filing officer
	596	+	292
	597	+	under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv).
	598	+	293
	599	+	(27)(a) "Record of alleged employment or workplace misconduct" means a record that
	600	+	294
	601	+	relates in any way to information, a report, an inquiry, an assertion, an allegation, a
	602	+	295
	603	+	rumor, or a complaint that:
	604	+	296
	605	+	(i) an elected official or other government employee, agent, or volunteer is a
	606	+	297
	607	+	perpetrator of, a witness of, or a victim of unlawful harassment, unlawful
	608	+	298
	609	+	discriminatory conduct, discriminatory conduct in violation of a policy, or related
	610	+	299
	611	+	retaliation; or
	612	+	300
	613	+	(ii) an incident of unlawful harassment, other unlawful discriminatory conduct,
	614	+	301
	615	+	discriminatory conduct in violation of a policy, or related retaliation occurred at
	616	+	302
	617	+	the workplace of an elected official or other government employee, agent, or
	618	+	- 9 - S.B. 288 02-17 10:38
	619	+	303
	620	+	volunteer.
	621	+	304
	622	+	(b) "Record of alleged employment or workplace misconduct" includes:
	623	+	305
	624	+	(i) an investigatory record;
	625	+	306
	626	+	(ii) evidence;
	627	+	307
	628	+	(iii) notes;
	629	+	308
	630	+	(iv) written or recorded statements;
	631	+	309
	632	+	(v) testimony;
	633	+	310
	634	+	(vi) a formal or informal report or complaint; or
	635	+	311
	636	+	(vii) a record that would reveal anything regarding a matter described in Subsection
	637	+	312
	638	+	(27)(a) or the investigation, findings, or resolution of a matter described in
	639	+	313
	640	+	Subsection (27)(a).
	641	+	314
	642	+	(c) "Record of alleged employment or workplace misconduct" does not include a final
	643	+	315
	644	+	written decision on a matter of alleged employment or workplace misconduct.
	645	+	316
	646	+	[(26)] (28) "Record series" means a group of records that may be treated as a unit for
	647	+	317
	648	+	purposes of designation, description, management, or disposition.
	649	+	318
	650	+	[(27)] (29) "Records officer" means the individual appointed by the chief administrative
	651	+	319
	652	+	officer of each governmental entity, or the political subdivision to work with state
	653	+	320
	654	+	archives in the care, maintenance, scheduling, designation, classification, disposal, and
	655	+	321
	656	+	preservation of records.
	657	+	322
	658	+	[(28)] (30) "Schedule," "scheduling," and their derivative forms mean the process of
	659	+	323
	660	+	specifying the length of time each record series should be retained by a governmental
	661	+	324
	662	+	entity for administrative, legal, fiscal, or historical purposes and when each record series
	663	+	325
	664	+	should be transferred to the state archives or destroyed.
	665	+	326
	666	+	[(29)] (31) "Sponsored research" means research, training, and other sponsored activities as
	667	+	327
	668	+	defined by the federal Executive Office of the President, Office of Management and
	669	+	328
	670	+	Budget:
	671	+	329
	672	+	(a) conducted:
	673	+	330
	674	+	(i) by an institution within the state system of higher education defined in Section
	675	+	331
	676	+	53B-1-102; and
	677	+	332
	678	+	(ii) through an office responsible for sponsored projects or programs; and
	679	+	333
	680	+	(b) funded or otherwise supported by an external:
	681	+	334
	682	+	(i) person that is not created or controlled by the institution within the state system of
	683	+	335
	684	+	higher education; or
	685	+	336
	686	+	(ii) federal, state, or local governmental entity.
	687	+	- 10 - 02-17 10:38 S.B. 288
	688	+	337
	689	+	[(30)] (32) "State archives" means the Division of Archives and Records Service created in
	690	+	338
	691	+	Section 63A-12-101.
	692	+	339
	693	+	[(31)] (33) "State archivist" means the director of the state archives.
	694	+	340
	695	+	[(32)] (34) "State Records Committee" means the State Records Committee created in
	696	+	341
	697	+	Section 63G-2-501.
	698	+	342
	699	+	[(33)] (35) "Summary data" means statistical records and compilations that contain data
	700	+	343
	701	+	derived from private, controlled, or protected information but that do not disclose
	702	+	344
	703	+	private, controlled, or protected information.
	704	+	345
	705	+	Section 3. Section 63G-2-301 is amended to read:
	706	+	346
69	707		63G-2-301 . Public records.
70		-	32
	708	+	347
71	709		(1) As used in this section:
72		-	33
	710	+	348
73	711		(a) "Business address" means a single address of a governmental agency designated for
74		-	34
	712	+	349
75	713		the public to contact an employee or officer of the governmental agency.
76		-	35
	714	+	350
77	715		(b) "Business email address" means a single email address of a governmental agency
78		-	36
	716	+	351
79	717		designated for the public to contact an employee or officer of the governmental
80		-	37
	718	+	352
81	719		agency.
82		-	38
	720	+	353
83	721		(c) "Business telephone number" means a single telephone number of a governmental
84		-	39
	722	+	354
85	723		agency designated for the public to contact an employee or officer of the
86		-	40
	724	+	355
87	725		governmental agency.
88		-	41
	726	+	356
89	727		(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
90		-	42
	728	+	357
91	729		(2) The following records are public except to the extent they contain information expressly
92		-	43
	730	+	358
93	731		permitted to be treated confidentially under the provisions of Subsections
94		-	44
	732	+	359
95	733		63G-2-201(3)(b) and (6)(a):
96		-	45
	734	+	360
97	735		(a) laws;
98		-	46
	736	+	361
99	737		(b) the name, gender, gross compensation, job title, job description, business address,
100		-	47
	738	+	362
101	739		business email address, business telephone number, number of hours worked per pay
102		-	48
	740	+	363
103	741		period, dates of employment, and relevant education, previous employment, and
104		-	49
	742	+	364
105	743		similar job qualifications of a current or former employee or officer of the
106		-	50
	744	+	365
107	745		governmental entity, excluding:
108		-	51
	746	+	366
109	747		(i) undercover law enforcement personnel; and
110		-	52
	748	+	367
111	749		(ii) investigative personnel if disclosure could reasonably be expected to impair the
112		-	53
	750	+	368
113	751		effectiveness of investigations or endanger any individual's safety;
114		-	54
	752	+	369
115	753		(c) final opinions, including concurring and dissenting opinions, and orders that are
116		-	55
	754	+	370
117	755		made by a governmental entity in an administrative, adjudicative, or judicial
118		-	56
	756	+	- 11 - S.B. 288 02-17 10:38
	757	+	371
119	758		proceeding except that if the proceedings were properly closed to the public, the
120		-	57
	759	+	372
121	760		opinion and order may be withheld to the extent that they contain information that is
122		-	58
	761	+	373
123	762		private, controlled, or protected;
124		-	59
	763	+	374
125	764		(d) final interpretations of statutes or rules by a governmental entity unless classified as
126		-	60
	765	+	375
127	766		protected as provided in Subsection 63G-2-305(17) or (18);
128		-	61
	767	+	376
129	768		(e) information contained in or compiled from a transcript, minutes, or report of the open
130		-	62
	769	+	377
131	770		portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
132		-	- 2 - 03-02 23:13 1st Sub. (Green) S.B. 288
133		-	63
	771	+	378
134	772		Open and Public Meetings Act, including the records of all votes of each member of
135		-	64
	773	+	379
136	774		the governmental entity;
137		-	65
	775	+	380
138	776		(f) judicial records unless a court orders the records to be restricted under the rules of
139		-	66
	777	+	381
140	778		civil or criminal procedure or unless the records are private under this chapter;
141		-	67
	779	+	382
142	780		(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
143		-	68
	781	+	383
144	782		records filed with or maintained by county recorders, clerks, treasurers, surveyors,
145		-	69
	783	+	384
146	784		zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
147		-	70
	785	+	385
148	786		Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
149		-	71
	787	+	386
150	788		Division of Water Rights, or other governmental entities that give public notice of:
151		-	72
	789	+	387
152	790		(i) titles or encumbrances to real property;
153		-	73
	791	+	388
154	792		(ii) restrictions on the use of real property;
155		-	74
	793	+	389
156	794		(iii) the capacity of persons to take or convey title to real property; or
157		-	75
	795	+	390
158	796		(iv) tax status for real and personal property;
159		-	76
	797	+	391
160	798		(h) records of the Department of Commerce that evidence incorporations, mergers, name
161		-	77
	799	+	392
162	800		changes, and uniform commercial code filings;
163		-	78
	801	+	393
164	802		(i) data on individuals that would otherwise be private under this chapter if the
165		-	79
	803	+	394
166	804		individual who is the subject of the record has given the governmental entity written
167		-	80
	805	+	395
168	806		permission to make the records available to the public;
169		-	81
	807	+	396
170	808		(j) documentation of the compensation that a governmental entity pays to a contractor or
171		-	82
	809	+	397
172	810		private provider;
173		-	83
	811	+	398
174	812		(k) summary data;
175		-	84
	813	+	399
176	814		(l) voter registration records, including an individual's voting history, except for a voter
177		-	85
	815	+	400
178	816		registration record or those parts of a voter registration record that are classified as
179		-	86
	817	+	401
180	818		private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
181		-	87
	819	+	402
182	820		20A-2-104(7);
183		-	88
	821	+	403
184	822		(m) for an elected official, as defined in Section 11-47-102, a telephone number, if
185		-	89
	823	+	404
186	824		available, and email address, if available, where that elected official may be reached
187		-	90
	825	+	- 12 - 02-17 10:38 S.B. 288
	826	+	405
188	827		as required in Title 11, Chapter 47, Access to Elected Officials;
189		-	91
	828	+	406
190	829		(n) for a school community council member, a telephone number, if available, and email
191		-	92
	830	+	407
192	831		address, if available, where that elected official may be reached directly as required
193		-	93
	832	+	408
194	833		in Section 53G-7-1203;
195		-	94
	834	+	409
196	835		(o) annual audited financial statements of the Utah Educational Savings Plan described
197		-	95
	836	+	410
198	837		in Section 53B-8a-111; and
199		-	96
	838	+	411
200	839		(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
201		-	- 3 - 1st Sub. (Green) S.B. 288 03-02 23:13
202		-	97
	840	+	412
203	841		defined in Section 20A-7-101, after the packet is submitted to a county clerk.
204		-	98
	842	+	413
205	843		(3) The following records are normally public, but to the extent that a record is expressly
206		-	99
	844	+	414
207	845		exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
208		-	~~100~~
	846	+	415
209	847		Section 63G-2-302, 63G-2-304, or 63G-2-305:
210		-	~~101~~
	848	+	416
211	849		(a) administrative staff manuals, instructions to staff, and statements of policy;
212		-	~~102~~
	850	+	417
213	851		(b) records documenting a contractor's or private provider's compliance with the terms
214		-	~~103~~
	852	+	418
215	853		of a contract with a governmental entity;
216		-	~~104~~
	854	+	419
217	855		(c) records documenting the services provided by a contractor or a private provider to
218		-	~~105~~
	856	+	420
219	857		the extent the records would be public if prepared by the governmental entity;
220		-	~~106~~
	858	+	421
221	859		(d) contracts entered into by a governmental entity;
222		-	~~107~~
	860	+	422
223	861		(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
224		-	~~108~~
	862	+	423
225	863		by a governmental entity;
226		-	~~109~~
	864	+	424
227	865		(f) records relating to government assistance or incentives publicly disclosed, contracted
228		-	~~110~~
	866	+	425
229	867		for, or given by a governmental entity, encouraging a person to expand or relocate a
230		-	~~111~~
	868	+	426
231	869		business in Utah, except as provided in Subsection 63G-2-305(35);
232		-	~~112~~
	870	+	427
233	871		(g) chronological logs and initial contact reports;
234		-	~~113~~
	872	+	428
235	873		(h) correspondence by and with a governmental entity in which the governmental entity
236		-	~~114~~
	874	+	429
237	875		determines or states an opinion upon the rights of the state, a political subdivision,
238		-	~~115~~
	876	+	430
239	877		the public, or any person;
240		-	~~116~~
	878	+	431
241	879		(i) empirical data contained in drafts if:
242		-	~~117~~
	880	+	432
243	881		(i) the empirical data is not reasonably available to the requester elsewhere in similar
244		-	~~118~~
	882	+	433
245	883		form; and
246		-	~~119~~
	884	+	434
247	885		(ii) the governmental entity is given a reasonable opportunity to correct any errors or
248		-	~~120~~
	886	+	435
249	887		make nonsubstantive changes before release;
250		-	~~121~~
	888	+	436
251	889		(j) drafts that are circulated to anyone other than:
252		-	~~122~~
	890	+	437
253	891		(i) a governmental entity;
254		-	~~123~~
	892	+	438
255	893		(ii) a political subdivision;
256		-	124
	894	+	- 13 - S.B. 288 02-17 10:38
	895	+	439
257	896		(iii) a federal agency if the governmental entity and the federal agency are jointly
258		-	~~125~~
	897	+	440
259	898		responsible for implementation of a program or project that has been legislatively
260		-	~~126~~
	899	+	441
261	900		approved;
262		-	~~127~~
	901	+	442
263	902		(iv) a government-managed corporation; or
264		-	~~128~~
	903	+	443
265	904		(v) a contractor or private provider;
266		-	~~129~~
	905	+	444
267	906		(k) drafts that have never been finalized but were relied upon by the governmental entity
268		-	~~130~~
	907	+	445
269	908		in carrying out action or policy;
270		-	- 4 - 03-02 23:13 1st Sub. (Green) S.B. 288
271		-	131
	909	+	446
272	910		(l) original data in a computer program if the governmental entity chooses not to
273		-	~~132~~
	911	+	447
274	912		disclose the program;
275		-	~~133~~
	913	+	448
276	914		(m) arrest warrants after issuance, except that, for good cause, a court may order
277		-	~~134~~
	915	+	449
278	916		restricted access to arrest warrants prior to service;
279		-	~~135~~
	917	+	450
280	918		(n) search warrants after execution and filing of the return, except that a court, for good
281		-	~~136~~
	919	+	451
282	920		cause, may order restricted access to search warrants prior to trial;
283		-	137
284		-	(o) records, other than a record of alleged employment or workplace misconduct, as
285		-	138
286		-	defined in Subsection 63G-2-302.5(1), that would disclose information relating to
287		-	139
288		-	formal charges or disciplinary actions against a past or present governmental entity
289		-	140
290		-	employee if:
291		-	141
292		-	(i) the disciplinary action has been completed and all time periods for administrative
293		-	142
294		-	appeal have expired; and
295		-	143
296		-	(ii) the charges on which the disciplinary action was based were sustained;
297		-	144
	921	+	452
	922	+	[(o) records that would disclose information relating to formal charges or disciplinary
	923	+	453
	924	+	actions against a past or present governmental entity employee if:]
	925	+	454
	926	+	[(i) the disciplinary action has been completed and all time periods for administrative
	927	+	455
	928	+	appeal have expired; and]
	929	+	456
	930	+	[(ii) the charges on which the disciplinary action was based were sustained;]
	931	+	457
	932	+	(o) a final written decision on a matter of alleged employment or workplace misconduct;
	933	+	458
298	934		(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
299		-	~~145~~
	935	+	459
300	936		Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
301		-	~~146~~
	937	+	460
302	938		evidence mineral production on government lands;
303		-	~~147~~
	939	+	461
304	940		(q) final audit reports;
305		-	~~148~~
	941	+	462
306	942		(r) occupational and professional licenses;
307		-	~~149~~
	943	+	463
308	944		(s) business licenses;
309		-	~~150~~
	945	+	464
310	946		(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
311		-	~~151~~
	947	+	465
312	948		records used to initiate proceedings for discipline or sanctions against persons
313		-	~~152~~
	949	+	466
314	950		regulated by a governmental entity, but not including records that initiate employee
315		-	~~153~~
	951	+	467
316	952		discipline; and
317		-	~~154~~
	953	+	468
318	954		(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
319		-	~~155~~
	955	+	469
320	956		the operation of a correctional facility or the care and control of inmates
321		-	~~156~~
	957	+	470
322	958		committed to the custody of a correctional facility; and
323		-	~~157~~
	959	+	471
324	960		(ii) records that disclose the results of an audit or other inspection assessing a
325		-	~~158~~
	961	+	472
326	962		correctional facility's compliance with a standard, regulation, policy, guideline, or
327		-	159
	963	+	- 14 - 02-17 10:38 S.B. 288
	964	+	473
328	965		rule described in Subsection (3)(u)(i).
329		-	~~160~~
	966	+	474
330	967		(4) The list of public records in this section is not exhaustive and should not be used to limit
331		-	~~161~~
	968	+	475
332	969		access to records.
333		-	~~162~~
334		-	Section 2. Section 63G-2-302 is amended to read:
335		-	~~163~~
	970	+	476
	971	+	Section 4. Section 63G-2-302 is amended to read:
	972	+	477
336	973		63G-2-302 . Private records.
337		-	~~164~~
	974	+	478
338	975		(1) The following records are private:
339		-	- 5 - 1st Sub. (Green) S.B. 288 03-02 23:13
340		-	165
	976	+	479
341	977		(a) records concerning an individual's eligibility for unemployment insurance benefits,
342		-	~~166~~
	978	+	480
343	979		social services, welfare benefits, or the determination of benefit levels;
344		-	~~167~~
	980	+	481
345	981		(b) records containing data on individuals describing medical history, diagnosis,
346		-	~~168~~
	982	+	482
347	983		condition, treatment, evaluation, or similar medical data;
348		-	~~169~~
	984	+	483
349	985		(c) records of publicly funded libraries that when examined alone or with other records
350		-	~~170~~
	986	+	484
351	987		identify a patron;
352		-	~~171~~
	988	+	485
353	989		(d) records received by or generated by or for:
354		-	~~172~~
	990	+	486
355	991		(i) the Independent Legislative Ethics Commission, except for:
356		-	~~173~~
	992	+	487
357	993		(A) the commission's summary data report that is required under legislative rule;
358		-	~~174~~
	994	+	488
359	995		and
360		-	~~175~~
	996	+	489
361	997		(B) any other document that is classified as public under legislative rule; or
362		-	~~176~~
	998	+	490
363	999		(ii) a Senate or House Ethics Committee in relation to the review of ethics
364		-	~~177~~
	1000	+	491
365	1001		complaints, unless the record is classified as public under legislative rule;
366		-	~~178~~
	1002	+	492
367	1003		(e) records received by, or generated by or for, the Independent Executive Branch Ethics
368		-	~~179~~
	1004	+	493
369	1005		Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
370		-	~~180~~
	1006	+	494
371	1007		Review of Executive Branch Ethics Complaints;
372		-	~~181~~
	1008	+	495
373	1009		(f) records received or generated for a Senate confirmation committee concerning
374		-	~~182~~
	1010	+	496
375	1011		character, professional competence, or physical or mental health of an individual:
376		-	~~183~~
	1012	+	497
377	1013		(i) if, prior to the meeting, the chair of the committee determines release of the
378		-	~~184~~
	1014	+	498
379	1015		records:
380		-	~~185~~
	1016	+	499
381	1017		(A) reasonably could be expected to interfere with the investigation undertaken by
382		-	~~186~~
	1018	+	500
383	1019		the committee; or
384		-	~~187~~
	1020	+	501
385	1021		(B) would create a danger of depriving a person of a right to a fair proceeding or
386		-	~~188~~
	1022	+	502
387	1023		impartial hearing; and
388		-	~~189~~
	1024	+	503
389	1025		(ii) after the meeting, if the meeting was closed to the public;
390		-	~~190~~
	1026	+	504
391	1027		(g) employment records concerning a current or former employee of, or applicant for
392		-	~~191~~
	1028	+	505
393	1029		employment with, a governmental entity that would disclose that individual's home
394		-	~~192~~
	1030	+	506
395	1031		address, home telephone number, social security number, insurance coverage, marital
396		-	193
	1032	+	- 15 - S.B. 288 02-17 10:38
	1033	+	507
397	1034		status, or payroll deductions;
398		-	~~194~~
	1035	+	508
399	1036		(h) records or parts of records under Section 63G-2-303 that a current or former
400		-	~~195~~
	1037	+	509
401	1038		employee identifies as private according to the requirements of that section;
402		-	~~196~~
	1039	+	510
403	1040		(i) that part of a record indicating a person's social security number or federal employer
404		-	~~197~~
	1041	+	511
405	1042		identification number if provided under Section 31A-23a-104, 31A-25-202,
406		-	~~198~~
	1043	+	512
407	1044		31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
408		-	- 6 - 03-02 23:13 1st Sub. (Green) S.B. 288
409		-	199
	1045	+	513
410	1046		(j) that part of a voter registration record identifying a voter's:
411		-	~~200~~
	1047	+	514
412	1048		(i) driver license or identification card number;
413		-	~~201~~
	1049	+	515
414	1050		(ii) social security number, or last four digits of the social security number;
415		-	~~202~~
	1051	+	516
416	1052		(iii) email address;
417		-	~~203~~
	1053	+	517
418	1054		(iv) date of birth; or
419		-	~~204~~
	1055	+	518
420	1056		(v) phone number;
421		-	~~205~~
	1057	+	519
422	1058		(k) a voter registration record that is classified as a private record by the lieutenant
423		-	~~206~~
	1059	+	520
424	1060		governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
425		-	~~207~~
	1061	+	521
426	1062		20A-2-204(4)(b);
427		-	~~208~~
	1063	+	522
428	1064		(l) a voter registration record that is withheld under Subsection 20A-2-104(7);
429		-	~~209~~
	1065	+	523
430	1066		(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
431		-	~~210~~
	1067	+	524
432	1068		verification submitted in support of the form;
433		-	~~211~~
	1069	+	525
434	1070		(n) a record that:
435		-	~~212~~
	1071	+	526
436	1072		(i) contains information about an individual;
437		-	~~213~~
	1073	+	527
438	1074		(ii) is voluntarily provided by the individual; and
439		-	~~214~~
	1075	+	528
440	1076		(iii) goes into an electronic database that:
441		-	~~215~~
	1077	+	529
442	1078		(A) is designated by and administered under the authority of the Chief Information
443		-	~~216~~
	1079	+	530
444	1080		Officer; and
445		-	~~217~~
	1081	+	531
446	1082		(B) acts as a repository of information about the individual that can be
447		-	~~218~~
	1083	+	532
448	1084		electronically retrieved and used to facilitate the individual's online interaction
449		-	~~219~~
	1085	+	533
450	1086		with a state agency;
451		-	~~220~~
	1087	+	534
452	1088		(o) information provided to the Commissioner of Insurance under:
453		-	~~221~~
	1089	+	535
454	1090		(i) Subsection 31A-23a-115(3)(a);
455		-	~~222~~
	1091	+	536
456	1092		(ii) Subsection 31A-23a-302(4); or
457		-	~~223~~
	1093	+	537
458	1094		(iii) Subsection 31A-26-210(4);
459		-	~~224~~
	1095	+	538
460	1096		(p) information obtained through a criminal background check under Title 11, Chapter
461		-	~~225~~
	1097	+	539
462	1098		40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
463		-	~~226~~
	1099	+	540
464	1100		(q) information provided by an offender that is:
465		-	227
	1101	+	- 16 - 02-17 10:38 S.B. 288
	1102	+	541
466	1103		(i) required by the registration requirements of Title 77, Chapter 41, Sex, Kidnap, and
467		-	~~228~~
	1104	+	542
468	1105		Child Abuse Offender Registry; and
469		-	~~229~~
	1106	+	543
470	1107		(ii) not required to be made available to the public under Subsection 77-41-110(4);
471		-	~~230~~
	1108	+	544
472	1109		(r) a statement and any supporting documentation filed with the attorney general in
473		-	~~231~~
	1110	+	545
474	1111		accordance with Section 34-45-107, if the federal law or action supporting the filing
475		-	~~232~~
	1112	+	546
476	1113		involves homeland security;
477		-	- 7 - 1st Sub. (Green) S.B. 288 03-02 23:13
478		-	233
	1114	+	547
479	1115		(s) electronic toll collection customer account information received or collected under
480		-	~~234~~
	1116	+	548
481	1117		Section 72-6-118 and customer information described in Section 17B-2a-815
482		-	~~235~~
	1118	+	549
483	1119		received or collected by a public transit district, including contact and payment
484		-	~~236~~
	1120	+	550
485	1121		information and customer travel data;
486		-	~~237~~
	1122	+	551
487	1123		(t) an email address provided by a military or overseas voter under Section 20A-16-501;
488		-	~~238~~
	1124	+	552
489	1125		(u) a completed military-overseas ballot that is electronically transmitted under Title
490		-	~~239~~
	1126	+	553
491	1127		20A, Chapter 16, Uniform Military and Overseas Voters Act;
492		-	~~240~~
	1128	+	554
493	1129		(v) records received by or generated by or for the Political Subdivisions Ethics Review
494		-	~~241~~
	1130	+	555
495	1131		Commission established in Section 63A-15-201, except for:
496		-	~~242~~
	1132	+	556
497	1133		(i) the commission's summary data report that is required in Section 63A-15-202; and
498		-	~~243~~
	1134	+	557
499	1135		(ii) any other document that is classified as public in accordance with Title 63A,
500		-	~~244~~
	1136	+	558
501	1137		Chapter 15, Political Subdivisions Ethics Review Commission;
502		-	~~245~~
	1138	+	559
503	1139		(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an
504		-	~~246~~
	1140	+	560
505	1141		incident or threat;
506		-	~~247~~
	1142	+	561
507	1143		(x) a criminal background check or credit history report conducted in accordance with
508		-	~~248~~
	1144	+	562
509	1145		Section 63A-3-201;
510		-	~~249~~
	1146	+	563
511	1147		(y) a record described in Subsection 53-5a-104(7);
512		-	~~250~~
	1148	+	564
513	1149		(z) on a record maintained by a county for the purpose of administering property taxes,
514		-	~~251~~
	1150	+	565
515	1151		an individual's:
516		-	~~252~~
	1152	+	566
517	1153		(i) email address;
518		-	~~253~~
	1154	+	567
519	1155		(ii) phone number; or
520		-	~~254~~
	1156	+	568
521	1157		(iii) personal financial information related to a person's payment method;
522		-	~~255~~
	1158	+	569
523	1159		(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
524		-	~~256~~
	1160	+	570
525	1161		exemption, deferral, abatement, or relief under:
526		-	~~257~~
	1162	+	571
527	1163		(i) Title 59, Chapter 2, Part 11, Exemptions;
528		-	~~258~~
	1164	+	572
529	1165		(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
530		-	~~259~~
	1166	+	573
531	1167		(iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
532		-	~~260~~
	1168	+	574
533	1169		(iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
534		-	261
	1170	+	- 17 - S.B. 288 02-17 10:38
	1171	+	575
535	1172		(bb) a record provided by the State Tax Commission in response to a request under
536		-	~~262~~
	1173	+	576
537	1174		Subsection 59-1-403(4)(y)(iii);
538		-	~~263~~
	1175	+	577
539	1176		(cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
540		-	~~264~~
	1177	+	578
541	1178		child welfare case, as described in Subsection 36-33-103(3);[ and]
542		-	~~265~~
	1179	+	579
543	1180		(dd) a record relating to drug or alcohol testing of a state employee under Section
544		-	~~266~~
	1181	+	580
545	1182		63A-17-1004;
546		-	- 8 - 03-02 23:13 1st Sub. (Green) S.B. 288
547		-	267
	1183	+	581
548	1184		(ee) a record relating to a request by a state elected official or state employee who has
549		-	~~268~~
	1185	+	582
550	1186		been threatened to the Division of Technology Services to remove personal
551		-	~~269~~
552		-	identifying information from the open web under Section 63A-16-109; and
553		-	~~270~~
	1187	+	583
	1188	+	identifying information from the open web under Section 63A-16-109;[ and]
	1189	+	584
554	1190		(ff) a record including confidential information as that term is defined in Section [
555		-	~~271~~
	1191	+	585
556	1192		67-27-105.] 67-27-106; and
557		-	272
558		-	(gg) a record of alleged employment or workplace misconduct, as defined in Section
559		-	273
560		-	63G-3-302.5.
561		-	274
	1193	+	586
	1194	+	(gg) subject to Subsection (3), a record of alleged employment or workplace
	1195	+	587
	1196	+	misconduct, other than a final written decision on a matter of alleged employment or
	1197	+	588
	1198	+	workplace misconduct.
	1199	+	589
562	1200		(2) The following records are private if properly classified by a governmental entity:
563		-	~~275~~
	1201	+	590
564	1202		(a) [records] a record concerning a current or former employee of, or applicant for
565		-	~~276~~
	1203	+	591
566	1204		employment with a governmental entity, including performance evaluations and
567		-	~~277~~
	1205	+	592
568	1206		personal status information such as race, religion, or disabilities, but not including
569		-	~~278~~
	1207	+	593
570	1208		records that are public under Subsection 63G-2-301(2)(b) or 63G-2-301(3)(o) or
571		-	~~279~~
	1209	+	594
572	1210		private under Subsection (1)(b) or (1)(gg);
573		-	~~280~~
	1211	+	595
574	1212		(b) records describing an individual's finances, except that the following are public:
575		-	~~281~~
	1213	+	596
576	1214		(i) records described in Subsection 63G-2-301(2);
577		-	~~282~~
	1215	+	597
578	1216		(ii) information provided to the governmental entity for the purpose of complying
579		-	~~283~~
	1217	+	598
580	1218		with a financial assurance requirement; or
581		-	~~284~~
	1219	+	599
582	1220		(iii) records that must be disclosed in accordance with another statute;
583		-	~~285~~
	1221	+	600
584	1222		(c) records of independent state agencies if the disclosure of those records would
585		-	~~286~~
	1223	+	601
586	1224		conflict with the fiduciary obligations of the agency;
587		-	~~287~~
	1225	+	602
588	1226		(d) other records containing data on individuals the disclosure of which constitutes a
589		-	~~288~~
	1227	+	603
590	1228		clearly unwarranted invasion of personal privacy;
591		-	~~289~~
	1229	+	604
592	1230		(e) records provided by the United States or by a government entity outside the state that
593		-	~~290~~
	1231	+	605
594	1232		are given with the requirement that the records be managed as private records, if the
595		-	~~291~~
	1233	+	606
596	1234		providing entity states in writing that the record would not be subject to public
597		-	~~292~~
	1235	+	607
598	1236		disclosure if retained by it;
599		-	~~293~~
	1237	+	608
600	1238		(f) any portion of a record in the custody of the Division of Aging and Adult Services,
601		-	294
	1239	+	- 18 - 02-17 10:38 S.B. 288
	1240	+	609
602	1241		created in Section 26B-6-102, that may disclose, or lead to the discovery of, the
603		-	~~295~~
	1242	+	610
604	1243		identity of a person who made a report of alleged abuse, neglect, or exploitation of a
605		-	~~296~~
	1244	+	611
606	1245		vulnerable adult; and
607		-	~~297~~
	1246	+	612
608	1247		(g) audio and video recordings created by a body-worn camera, as defined in Section
609		-	~~298~~
	1248	+	613
610	1249		77-7a-103, that record sound or images inside a home or residence except for
611		-	~~299~~
	1250	+	614
612	1251		recordings that:
613		-	~~300~~
	1252	+	615
614	1253		(i) depict the commission of an alleged crime;
615		-	- 9 - 1st Sub. (Green) S.B. 288 03-02 23:13
616		-	301
	1254	+	616
617	1255		(ii) record any encounter between a law enforcement officer and a person that results
618		-	~~302~~
	1256	+	617
619	1257		in death or bodily injury, or includes an instance when an officer fires a weapon;
620		-	~~303~~
	1258	+	618
621	1259		(iii) record any encounter that is the subject of a complaint or a legal proceeding
622		-	~~304~~
	1260	+	619
623	1261		against a law enforcement officer or law enforcement agency;
624		-	~~305~~
	1262	+	620
625	1263		(iv) contain an officer involved critical incident as defined in Subsection 76-2-408
626		-	~~306~~
	1264	+	621
627	1265		(1)(f); or
628		-	~~307~~
	1266	+	622
629	1267		(v) have been requested for reclassification as a public record by a subject or
630		-	~~308~~
	1268	+	623
631	1269		authorized agent of a subject featured in the recording.
632		-	309
633		-	(3)(a) As used in this Subsection (3), "medical records" means medical reports, records,
634		-	310
635		-	statements, history, diagnosis, condition, treatment, and evaluation.
636		-	311
	1270	+	624
	1271	+	(3) To encourage an individual who is a victim of unlawful discrimination, including
	1272	+	625
	1273	+	unlawful harassment, to report the unlawful discrimination or unlawful harassment, the
	1274	+	626
	1275	+	following provisions do not apply to a private record described in Subsection (1)(gg),
	1276	+	627
	1277	+	and may not be used as a basis for disclosing the private record or information in the
	1278	+	628
	1279	+	private record:
	1280	+	629
	1281	+	(a) Subsection 63G-2-102(3);
	1282	+	630
	1283	+	(b) Subsections 63G-2-201(5) and (14);
	1284	+	631
	1285	+	(c) Subsections 63G-2-202(7)(c)(iii) and (d);
	1286	+	632
	1287	+	(d) Subsection 63G-2-401(6);
	1288	+	633
	1289	+	(e) Subsection 63G-2-403(11)(b); and
	1290	+	634
	1291	+	(f) Subsection 63G-2-404(7).
	1292	+	635
	1293	+	[(3)] (4)(a) As used in this Subsection [(3)] (4), "medical records" means medical reports,
	1294	+	636
	1295	+	records, statements, history, diagnosis, condition, treatment, and evaluation.
	1296	+	637
637	1297		(b) Medical records in the possession of the University of Utah Hospital, its clinics,
638		-	~~312~~
	1298	+	638
639	1299		doctors, or affiliated entities are not private records or controlled records under
640		-	~~313~~
	1300	+	639
641	1301		Section 63G-2-304 when the records are sought:
642		-	~~314~~
	1302	+	640
643	1303		(i) in connection with any legal or administrative proceeding in which the patient's
644		-	~~315~~
	1304	+	641
645	1305		physical, mental, or emotional condition is an element of any claim or defense; or
646		-	~~316~~
	1306	+	642
647	1307		(ii) after a patient's death, in any legal or administrative proceeding in which any
648		-	317
	1308	+	- 19 - S.B. 288 02-17 10:38
	1309	+	643
649	1310		party relies upon the condition as an element of the claim or defense.
650		-	~~318~~
	1311	+	644
651	1312		(c) Medical records are subject to production in a legal or administrative proceeding
652		-	~~319~~
	1313	+	645
653	1314		according to state or federal statutes or rules of procedure and evidence as if the
654		-	~~320~~
	1315	+	646
655	1316		medical records were in the possession of a nongovernmental medical care provider.
656		-	321
657		-	Section 3. Section 63G-2-302.5 is enacted to read:
658		-	322
659		-	63G-2-302.5 . Record of alleged employment or workplace misconduct -- When
660		-	323
661		-	disclosure is required -- Redaction.
662		-	324
663		-	(1) As used in this section:
664		-	325
665		-	(a) "Final written decision on a matter of alleged employment or workplace misconduct"
666		-	326
667		-	means a final written administrative decision, following an investigation, that
668		-	327
669		-	pertains to a matter of alleged unlawful harassment, unlawful discriminatory conduct,
670		-	328
671		-	or related retaliation.
672		-	329
673		-	(b) "Identifying information" means:
674		-	330
675		-	(i) an individual's name;
676		-	331
677		-	(ii) an individual's contact information, including:
678		-	332
679		-	(A) the individual's residential address, mailing address, work address; or
680		-	333
681		-	(B) any phone number or email address relating to the individual; or
682		-	334
683		-	(iii) other information that could, under the circumstances, lead to the discovery of
684		-	- 10 - 03-02 23:13 1st Sub. (Green) S.B. 288
685		-	335
686		-	the individual's identity.
687		-	336
688		-	(c)(i) "Record of alleged employment or workplace misconduct" means a record that
689		-	337
690		-	relates in any way to information, a report, an inquiry, an assertion, an allegation,
691		-	338
692		-	a rumor, or a complaint that:
693		-	339
694		-	(A) an elected official or other government employee, agent, or volunteer is a
695		-	340
696		-	perpetrator of, a witness of, or a victim of unlawful harassment, unlawful
697		-	341
698		-	discriminatory conduct, or related retaliation; or
699		-	342
700		-	(B) an incident of unlawful harassment, other unlawful discriminatory conduct, or
701		-	343
702		-	related retaliation occurred at the workplace of an elected official or other
703		-	344
704		-	government employee, agent, or volunteer.
705		-	345
706		-	(ii) "Record of alleged employment or workplace misconduct" includes:
707		-	346
708		-	(A) an investigatory record;
709		-	347
710		-	(B) evidence;
711		-	348
712		-	(C) notes;
713		-	349
714		-	(D) written or recorded statements;
715		-	350
716		-	(E) testimony;
717		-	351
718		-	(F) a formal or informal report or complaint; or
719		-	352
720		-	(G) a record that would reveal anything regarding a matter described in
721		-	353
722		-	Subsection (1)(a) or the investigation, findings, or resolution of a matter
723		-	354
724		-	described in Subsection (1)(a).
725		-	355
726		-	(2)(a) To encourage an individual who is a victim of unlawful discrimination, including
727		-	356
728		-	unlawful harassment, to report the unlawful discrimination or unlawful harassment,
729		-	357
730		-	except as provided in Subsection (2)(b), the following provisions do not apply to a
731		-	358
732		-	private record described in Subsection (1)(gg), and may not be used as a basis for
733		-	359
734		-	disclosing the private record or information in the private record:
735		-	360
736		-	(i) Subsection 63G-2-102(3);
737		-	361
738		-	(ii) Subsections 63G-2-201(5) and (14);
739		-	362
740		-	(iii) Subsections 63G-2-202(7)(c)(iii) and (d);
741		-	363
742		-	(iv) Subsection 63G-2-401(6);
743		-	364
744		-	(v) Subsection 63G-2-403(11)(b); and
745		-	365
746		-	(vi) Subsection 63G-2-404(7).
747		-	366
748		-	(b) The provisions described in Subsection (2)(a)(i) through (vi) apply to:
749		-	367
750		-	(i) under the circumstances described in Subsection (3), the information described in
751		-	368
752		-	Subsections (3)(c) and (d);
753		-	- 11 - 1st Sub. (Green) S.B. 288 03-02 23:13
754		-	369
755		-	(ii) under the circumstances described in Subsection (5)(a), the information described
756		-	370
757		-	in Subsections (5)(a)(iii) and (iv);
758		-	371
759		-	(iii) under the circumstances described in Subsection (5)(b), the information
760		-	372
761		-	described in Subsections (5)(b)(iii) and (iv); or
762		-	373
763		-	(iv) under the circumstances described in Subsection (6)(b), the information
764		-	374
765		-	described in Subsections (6)(b)(iii) and (iv).
766		-	375
767		-	(3) A record of alleged employment or workplace misconduct that relates to alleged
768		-	376
769		-	misconduct that is not, and never has been, under active investigation is subject to
770		-	377
771		-	disclosure, with the following information redacted:
772		-	378
773		-	(a) identifying information of a victim or witness, other than the alleged perpetrator;
774		-	379
775		-	(b) if a victim's or witness's identity is publicly known, information that would be
776		-	380
777		-	embarrassing or demeaning to the victim or witness;
778		-	381
779		-	(c) information that is otherwise classified as private, protected, or controlled; or
780		-	382
781		-	(d) information described in Subsection 63G-2-201(3)(b) to which access is restricted.
782		-	383
783		-	(4) Except as provided in Subsection (6), a record of alleged employment or workplace
784		-	384
785		-	misconduct may not be released:
786		-	385
787		-	(a) while the alleged misconduct to which the record relates is under active
788		-	386
789		-	investigation; or
790		-	387
791		-	(b) before the earlier of:
792		-	388
793		-	(i) 30 days after the day on which the investigation is completed or closed; or
794		-	389
795		-	(ii) the day on which a final written decision on a matter of alleged employment or
796		-	390
797		-	workplace misconduct is publicly released.
798		-	391
799		-	(5) A record of alleged employment or workplace misconduct that relates to alleged
800		-	392
801		-	misconduct that was under active investigation, but is no longer under active
802		-	393
803		-	investigation, is subject to disclosure in response to a records request as follows:
804		-	394
805		-	(a) if the investigation results in a determination that misconduct occurred, the following
806		-	395
807		-	information shall be redacted:
808		-	396
809		-	(i) identifying information of a victim or witness;
810		-	397
811		-	(ii) if a victim's or witness's identity is publicly known, information that would be
812		-	398
813		-	embarrassing or demeaning to the victim or witness;
814		-	399
815		-	(iii) information that is otherwise classified as private, protected, or controlled; or
816		-	400
817		-	(iv) information described in Subsection 63G-2-201(3)(b) to which access is
818		-	401
819		-	restricted; or
820		-	402
821		-	(b) if the investigation results in a determination that no alleged misconduct occurred or
822		-	- 12 - 03-02 23:13 1st Sub. (Green) S.B. 288
823		-	403
824		-	that a determination is inconclusive, the record is subject to disclosure in response to
825		-	404
826		-	a records request, except that the following information shall be redacted:
827		-	405
828		-	(i) identifying information of an alleged victim, alleged witness, or alleged
829		-	406
830		-	perpetrator;
831		-	407
832		-	(ii) if an alleged victim's, alleged witness's or alleged perpetrator's identity is publicly
833		-	408
834		-	known, information that is not already public knowledge and that would be
835		-	409
836		-	embarrassing or demeaning to the alleged victim, alleged witness, or alleged
837		-	410
838		-	perpetrator;
839		-	411
840		-	(iii) information that is otherwise classified as private, protected, or controlled; and
841		-	412
842		-	(iv) information described in Subsection 63G-2-201(3)(b) to which access is
843		-	413
844		-	restricted.
845		-	414
846		-	(6)(a) The prohibition on release of a record of alleged employment or workplace
847		-	415
848		-	misconduct described in Subsection (4) does not apply if more than 180 days have
849		-	416
850		-	passed after the day on which the allegation of misconduct is made to the employer.
851		-	417
852		-	(b) If an investigation described in Subsection (4) is not completed or closed within 180
853		-	418
854		-	days after the day on which the allegation of misconduct is made to the employer, a
855		-	419
856		-	record of employment or workplace misconduct relating to the matter under
857		-	420
858		-	investigation is subject to disclosure in response to a records request, with the
859		-	421
860		-	following information redacted:
861		-	422
862		-	(i) identifying information of a victim or witness, other than the alleged perpetrator;
863		-	423
864		-	(ii) if a victim's or witness's identity is publicly known, information that would be
865		-	424
866		-	embarrassing or demeaning to the victim or witness;
867		-	425
868		-	(iii) information that is otherwise classified as private, protected, or controlled; or
869		-	426
870		-	(iv) information described in Subsection 63G-2-201(3)(b) to which access is
871		-	427
872		-	restricted.
873		-	428
874		-	Section 4. Effective Date.
875		-	429
	1317	+	647
	1318	+	Section 5. Section 77-27-5 is amended to read:
	1319	+	648
	1320	+	77-27-5 . Board of Pardons and Parole authority.
	1321	+	649
	1322	+	(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
	1323	+	650
	1324	+	treason or impeachment, the board shall determine by majority decision when and
	1325	+	651
	1326	+	under what conditions an offender's conviction may be pardoned or commuted.
	1327	+	652
	1328	+	(b) The board shall determine by majority decision when and under what conditions an
	1329	+	653
	1330	+	offender committed to serve a sentence at a penal or correctional facility, which is
	1331	+	654
	1332	+	under the jurisdiction of the department, may:
	1333	+	655
	1334	+	(i) be released upon parole;
	1335	+	656
	1336	+	(ii) have a fine or forfeiture remitted;
	1337	+	657
	1338	+	(iii) have the offender's criminal accounts receivable remitted in accordance with
	1339	+	658
	1340	+	Section 77-32b-105 or 77-32b-106;
	1341	+	659
	1342	+	(iv) have the offender's payment schedule modified in accordance with Section
	1343	+	660
	1344	+	77-32b-103; or
	1345	+	661
	1346	+	(v) have the offender's sentence terminated.
	1347	+	662
	1348	+	(c) The board shall prioritize public safety when making a determination under
	1349	+	663
	1350	+	Subsection (1)(a) or (1)(b).
	1351	+	664
	1352	+	(d)(i) The board may sit together or in panels to conduct hearings.
	1353	+	665
	1354	+	(ii) The chair shall appoint members to the panels in any combination and in
	1355	+	666
	1356	+	accordance with rules made by the board in accordance with Title 63G, Chapter 3,
	1357	+	667
	1358	+	Utah Administrative Rulemaking Act.
	1359	+	668
	1360	+	(iii) The chair may participate on any panel and when doing so is chair of the panel.
	1361	+	669
	1362	+	(iv) The chair of the board may designate the chair for any other panel.
	1363	+	670
	1364	+	(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
	1365	+	671
	1366	+	an open session, the board may not:
	1367	+	672
	1368	+	(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
	1369	+	673
	1370	+	receivable;
	1371	+	674
	1372	+	(B) release the offender on parole; or
	1373	+	675
	1374	+	(C) commute, pardon, or terminate an offender's sentence.
	1375	+	676
	1376	+	(ii) An action taken under this Subsection (1) other than by a majority of the board
	1377	+	- 20 - 02-17 10:38 S.B. 288
	1378	+	677
	1379	+	shall be affirmed by a majority of the board.
	1380	+	678
	1381	+	(f) A commutation or pardon may be granted only after a full hearing before the board.
	1382	+	679
	1383	+	(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
	1384	+	680
	1385	+	shall be given to the offender.
	1386	+	681
	1387	+	(b) The county or district attorney's office responsible for prosecution of the case, the
	1388	+	682
	1389	+	sentencing court, and law enforcement officials responsible for the defendant's arrest
	1390	+	683
	1391	+	and conviction shall be notified of any board hearings through the board's website.
	1392	+	684
	1393	+	(c) Whenever possible, the victim or the victim's representative, if designated, shall be
	1394	+	685
	1395	+	notified of original hearings and any hearing after that if notification is requested and
	1396	+	686
	1397	+	current contact information has been provided to the board.
	1398	+	687
	1399	+	(d)(i) Notice to the victim or the victim's representative shall include information
	1400	+	688
	1401	+	provided in Section 77-27-9.5, and any related rules made by the board under that
	1402	+	689
	1403	+	section.
	1404	+	690
	1405	+	(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
	1406	+	691
	1407	+	reasonable for the lay person to understand.
	1408	+	692
	1409	+	(3)(a) A decision by the board is final and not subject for judicial review if the decision
	1410	+	693
	1411	+	is regarding:
	1412	+	694
	1413	+	(i) a pardon, parole, commutation, or termination of an offender's sentence;
	1414	+	695
	1415	+	(ii) the modification of an offender's payment schedule for restitution; or
	1416	+	696
	1417	+	(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
	1418	+	697
	1419	+	(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
	1420	+	698
	1421	+	4, Open and Public Meetings Act, when the board is engaged in the board's
	1422	+	699
	1423	+	deliberative process.
	1424	+	700
	1425	+	(c) Pursuant to Subsection [63G-2-103(25)(b)(xi)] 63G-2-103(26)(b)(xii), records of the
	1426	+	701
	1427	+	deliberative process are exempt from Title 63G, Chapter 2, Government Records
	1428	+	702
	1429	+	Access and Management Act.
	1430	+	703
	1431	+	(d) Unless it will interfere with a constitutional right, deliberative processes are not
	1432	+	704
	1433	+	subject to disclosure, including discovery.
	1434	+	705
	1435	+	(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
	1436	+	706
	1437	+	(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
	1438	+	707
	1439	+	power to grant respite or reprieves in all cases of convictions for offenses against the
	1440	+	708
	1441	+	state, except treason or conviction on impeachment.
	1442	+	709
	1443	+	(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
	1444	+	710
	1445	+	next session of the board.
	1446	+	- 21 - S.B. 288 02-17 10:38
	1447	+	711
	1448	+	(c) At the next session of the board, the board:
	1449	+	712
	1450	+	(i) shall continue or terminate the respite or reprieve; or
	1451	+	713
	1452	+	(ii) may commute the punishment or pardon the offense as provided.
	1453	+	714
	1454	+	(d) In the case of conviction for treason, the governor may suspend execution of the
	1455	+	715
	1456	+	sentence until the case is reported to the Legislature at the Legislature's next session.
	1457	+	716
	1458	+	(e) The Legislature shall pardon or commute the sentence or direct the sentence's
	1459	+	717
	1460	+	execution.
	1461	+	718
	1462	+	(5)(a) In determining when, where, and under what conditions an offender serving a
	1463	+	719
	1464	+	sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
	1465	+	720
	1466	+	offender's criminal accounts receivable remitted, or have the offender's sentence
	1467	+	721
	1468	+	commuted or terminated, the board shall:
	1469	+	722
	1470	+	(i) consider whether the offender has made restitution ordered by the court under
	1471	+	723
	1472	+	Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
	1473	+	724
	1474	+	pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
	1475	+	725
	1476	+	commutation or termination of the offender's sentence;
	1477	+	726
	1478	+	(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
	1479	+	727
	1480	+	making determinations under this Subsection (5);
	1481	+	728
	1482	+	(iii) consider information provided by the department regarding an offender's
	1483	+	729
	1484	+	individual case action plan; and
	1485	+	730
	1486	+	(iv) review an offender's status within 60 days after the day on which the board
	1487	+	731
	1488	+	receives notice from the department that the offender has completed all of the
	1489	+	732
	1490	+	offender's case action plan components that relate to activities that can be
	1491	+	733
	1492	+	accomplished while the offender is imprisoned.
	1493	+	734
	1494	+	(b) The board shall determine whether to remit an offender's criminal accounts
	1495	+	735
	1496	+	receivable under this Subsection (5) in accordance with Section 77-32b-105 or
	1497	+	736
	1498	+	77-32b-106.
	1499	+	737
	1500	+	(6) In determining whether parole may be terminated, the board shall consider:
	1501	+	738
	1502	+	(a) the offense committed by the parolee; and
	1503	+	739
	1504	+	(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
	1505	+	740
	1506	+	(7) For an offender placed on parole after December 31, 2018, the board shall terminate
	1507	+	741
	1508	+	parole in accordance with the adult sentencing and supervision length guidelines, as
	1509	+	742
	1510	+	defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
	1511	+	743
	1512	+	requirements of the law.
	1513	+	744
	1514	+	(8) The board may not rely solely on an algorithm or a risk assessment tool score in
	1515	+	- 22 - 02-17 10:38 S.B. 288
	1516	+	745
	1517	+	determining whether parole should be granted or terminated for an offender.
	1518	+	746
	1519	+	(9) The board may intervene as a limited-purpose party in a judicial or administrative
	1520	+	747
	1521	+	proceeding, including a criminal action, to seek:
	1522	+	748
	1523	+	(a) correction of an order that has or will impact the board's jurisdiction; or
	1524	+	749
	1525	+	(b) clarification regarding an order that may impact the board's jurisdiction.
	1526	+	750
	1527	+	(10) A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days
	1528	+	751
	1529	+	after the day on which a court enters the order that impacts the board's jurisdiction.
	1530	+	752
	1531	+	Section 6. Effective Date.
	1532	+	753
876	1533		This bill takes effect on May 7, 2025.
877		-	- 13 -
	1534	+	- 23 -