03-02 23:13 1st Sub. (Green) S.B. 288
Stephanie Pitcher proposes the following substitute bill:
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Employment Investigation Records Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to certain employment records of alleged misconduct.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ makes a record of alleged employment or workplace misconduct (investigation record) a
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private record;
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▸ prohibits the disclosure of an investigation record while an investigation is proceeding;
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▸ describes the circumstances under which an investigation record must be released;
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▸ identifies the information that must be redacted from an investigation record when the
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record is disclosed;
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▸ places limitations on the length of time an investigation may proceed without an
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investigation record being subject to release; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63G-2-301, as last amended by Laws of Utah 2020, Chapters 255, 399
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63G-2-302, as last amended by Laws of Utah 2024, Chapter 234
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ENACTS:
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63G-2-302.5, Utah Code Annotated 1953
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1st Sub. S.B. 288 1st Sub. (Green) S.B. 288 03-02 23:13
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63G-2-301 is amended to read:
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63G-2-301 . Public records.
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(1) As used in this section:
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(a) "Business address" means a single address of a governmental agency designated for
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the public to contact an employee or officer of the governmental agency.
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(b) "Business email address" means a single email address of a governmental agency
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designated for the public to contact an employee or officer of the governmental
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agency.
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(c) "Business telephone number" means a single telephone number of a governmental
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agency designated for the public to contact an employee or officer of the
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governmental agency.
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(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
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(2) The following records are public except to the extent they contain information expressly
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permitted to be treated confidentially under the provisions of Subsections
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63G-2-201(3)(b) and (6)(a):
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(a) laws;
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(b) the name, gender, gross compensation, job title, job description, business address,
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business email address, business telephone number, number of hours worked per pay
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period, dates of employment, and relevant education, previous employment, and
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similar job qualifications of a current or former employee or officer of the
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governmental entity, excluding:
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(i) undercover law enforcement personnel; and
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(ii) investigative personnel if disclosure could reasonably be expected to impair the
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effectiveness of investigations or endanger any individual's safety;
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(c) final opinions, including concurring and dissenting opinions, and orders that are
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made by a governmental entity in an administrative, adjudicative, or judicial
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proceeding except that if the proceedings were properly closed to the public, the
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opinion and order may be withheld to the extent that they contain information that is
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private, controlled, or protected;
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(d) final interpretations of statutes or rules by a governmental entity unless classified as
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protected as provided in Subsection 63G-2-305(17) or (18);
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(e) information contained in or compiled from a transcript, minutes, or report of the open
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portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
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Open and Public Meetings Act, including the records of all votes of each member of
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the governmental entity;
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(f) judicial records unless a court orders the records to be restricted under the rules of
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civil or criminal procedure or unless the records are private under this chapter;
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(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
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records filed with or maintained by county recorders, clerks, treasurers, surveyors,
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zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
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Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
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Division of Water Rights, or other governmental entities that give public notice of:
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(i) titles or encumbrances to real property;
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(ii) restrictions on the use of real property;
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(iii) the capacity of persons to take or convey title to real property; or
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(iv) tax status for real and personal property;
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(h) records of the Department of Commerce that evidence incorporations, mergers, name
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changes, and uniform commercial code filings;
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(i) data on individuals that would otherwise be private under this chapter if the
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individual who is the subject of the record has given the governmental entity written
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permission to make the records available to the public;
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(j) documentation of the compensation that a governmental entity pays to a contractor or
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private provider;
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(k) summary data;
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(l) voter registration records, including an individual's voting history, except for a voter
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registration record or those parts of a voter registration record that are classified as
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private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
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20A-2-104(7);
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(m) for an elected official, as defined in Section 11-47-102, a telephone number, if
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available, and email address, if available, where that elected official may be reached
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as required in Title 11, Chapter 47, Access to Elected Officials;
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(n) for a school community council member, a telephone number, if available, and email
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address, if available, where that elected official may be reached directly as required
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in Section 53G-7-1203;
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(o) annual audited financial statements of the Utah Educational Savings Plan described
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in Section 53B-8a-111; and
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(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
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defined in Section 20A-7-101, after the packet is submitted to a county clerk.
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(3) The following records are normally public, but to the extent that a record is expressly
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exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
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Section 63G-2-302, 63G-2-304, or 63G-2-305:
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(a) administrative staff manuals, instructions to staff, and statements of policy;
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(b) records documenting a contractor's or private provider's compliance with the terms
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of a contract with a governmental entity;
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(c) records documenting the services provided by a contractor or a private provider to
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the extent the records would be public if prepared by the governmental entity;
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(d) contracts entered into by a governmental entity;
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(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
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by a governmental entity;
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(f) records relating to government assistance or incentives publicly disclosed, contracted
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for, or given by a governmental entity, encouraging a person to expand or relocate a
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business in Utah, except as provided in Subsection 63G-2-305(35);
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(g) chronological logs and initial contact reports;
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(h) correspondence by and with a governmental entity in which the governmental entity
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determines or states an opinion upon the rights of the state, a political subdivision,
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the public, or any person;
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(i) empirical data contained in drafts if:
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(i) the empirical data is not reasonably available to the requester elsewhere in similar
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form; and
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(ii) the governmental entity is given a reasonable opportunity to correct any errors or
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make nonsubstantive changes before release;
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(j) drafts that are circulated to anyone other than:
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(i) a governmental entity;
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(ii) a political subdivision;
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(iii) a federal agency if the governmental entity and the federal agency are jointly
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responsible for implementation of a program or project that has been legislatively
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approved;
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(iv) a government-managed corporation; or
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(v) a contractor or private provider;
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(k) drafts that have never been finalized but were relied upon by the governmental entity
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in carrying out action or policy;
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(l) original data in a computer program if the governmental entity chooses not to
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disclose the program;
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(m) arrest warrants after issuance, except that, for good cause, a court may order
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restricted access to arrest warrants prior to service;
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(n) search warrants after execution and filing of the return, except that a court, for good
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cause, may order restricted access to search warrants prior to trial;
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(o) records, other than a record of alleged employment or workplace misconduct, as
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defined in Subsection 63G-2-302.5(1), that would disclose information relating to
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formal charges or disciplinary actions against a past or present governmental entity
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employee if:
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(i) the disciplinary action has been completed and all time periods for administrative
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appeal have expired; and
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(ii) the charges on which the disciplinary action was based were sustained;
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(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
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Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
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evidence mineral production on government lands;
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(q) final audit reports;
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(r) occupational and professional licenses;
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(s) business licenses;
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(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
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records used to initiate proceedings for discipline or sanctions against persons
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regulated by a governmental entity, but not including records that initiate employee
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discipline; and
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(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
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the operation of a correctional facility or the care and control of inmates
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committed to the custody of a correctional facility; and
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(ii) records that disclose the results of an audit or other inspection assessing a
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correctional facility's compliance with a standard, regulation, policy, guideline, or
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rule described in Subsection (3)(u)(i).
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(4) The list of public records in this section is not exhaustive and should not be used to limit
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access to records.
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Section 2. Section 63G-2-302 is amended to read:
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63G-2-302 . Private records.
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(1) The following records are private:
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(a) records concerning an individual's eligibility for unemployment insurance benefits,
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social services, welfare benefits, or the determination of benefit levels;
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(b) records containing data on individuals describing medical history, diagnosis,
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condition, treatment, evaluation, or similar medical data;
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(c) records of publicly funded libraries that when examined alone or with other records
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identify a patron;
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(d) records received by or generated by or for:
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(i) the Independent Legislative Ethics Commission, except for:
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(A) the commission's summary data report that is required under legislative rule;
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and
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(B) any other document that is classified as public under legislative rule; or
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(ii) a Senate or House Ethics Committee in relation to the review of ethics
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complaints, unless the record is classified as public under legislative rule;
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(e) records received by, or generated by or for, the Independent Executive Branch Ethics
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Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
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Review of Executive Branch Ethics Complaints;
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(f) records received or generated for a Senate confirmation committee concerning
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character, professional competence, or physical or mental health of an individual:
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(i) if, prior to the meeting, the chair of the committee determines release of the
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records:
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(A) reasonably could be expected to interfere with the investigation undertaken by
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the committee; or
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(B) would create a danger of depriving a person of a right to a fair proceeding or
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impartial hearing; and
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(ii) after the meeting, if the meeting was closed to the public;
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(g) employment records concerning a current or former employee of, or applicant for
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employment with, a governmental entity that would disclose that individual's home
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address, home telephone number, social security number, insurance coverage, marital
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status, or payroll deductions;
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(h) records or parts of records under Section 63G-2-303 that a current or former
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employee identifies as private according to the requirements of that section;
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(i) that part of a record indicating a person's social security number or federal employer
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identification number if provided under Section 31A-23a-104, 31A-25-202,
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31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
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(j) that part of a voter registration record identifying a voter's:
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(i) driver license or identification card number;
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(ii) social security number, or last four digits of the social security number;
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(iii) email address;
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(iv) date of birth; or
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(v) phone number;
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(k) a voter registration record that is classified as a private record by the lieutenant
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governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
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20A-2-204(4)(b);
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(l) a voter registration record that is withheld under Subsection 20A-2-104(7);
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(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
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verification submitted in support of the form;
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(n) a record that:
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(i) contains information about an individual;
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(ii) is voluntarily provided by the individual; and
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(iii) goes into an electronic database that:
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(A) is designated by and administered under the authority of the Chief Information
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Officer; and
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(B) acts as a repository of information about the individual that can be
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electronically retrieved and used to facilitate the individual's online interaction
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with a state agency;
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(o) information provided to the Commissioner of Insurance under:
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(i) Subsection 31A-23a-115(3)(a);
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(ii) Subsection 31A-23a-302(4); or
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(iii) Subsection 31A-26-210(4);
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(p) information obtained through a criminal background check under Title 11, Chapter
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40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
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(q) information provided by an offender that is:
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(i) required by the registration requirements of Title 77, Chapter 41, Sex, Kidnap, and
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Child Abuse Offender Registry; and
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(ii) not required to be made available to the public under Subsection 77-41-110(4);
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(r) a statement and any supporting documentation filed with the attorney general in
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accordance with Section 34-45-107, if the federal law or action supporting the filing
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involves homeland security;
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(s) electronic toll collection customer account information received or collected under
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Section 72-6-118 and customer information described in Section 17B-2a-815
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received or collected by a public transit district, including contact and payment
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information and customer travel data;
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(t) an email address provided by a military or overseas voter under Section 20A-16-501;
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(u) a completed military-overseas ballot that is electronically transmitted under Title
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20A, Chapter 16, Uniform Military and Overseas Voters Act;
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(v) records received by or generated by or for the Political Subdivisions Ethics Review
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Commission established in Section 63A-15-201, except for:
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(i) the commission's summary data report that is required in Section 63A-15-202; and
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(ii) any other document that is classified as public in accordance with Title 63A,
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Chapter 15, Political Subdivisions Ethics Review Commission;
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(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an
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incident or threat;
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(x) a criminal background check or credit history report conducted in accordance with
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Section 63A-3-201;
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(y) a record described in Subsection 53-5a-104(7);
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(z) on a record maintained by a county for the purpose of administering property taxes,
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an individual's:
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(i) email address;
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(ii) phone number; or
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(iii) personal financial information related to a person's payment method;
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(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
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exemption, deferral, abatement, or relief under:
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(i) Title 59, Chapter 2, Part 11, Exemptions;
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(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
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(iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
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(iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
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(bb) a record provided by the State Tax Commission in response to a request under
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Subsection 59-1-403(4)(y)(iii);
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(cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
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child welfare case, as described in Subsection 36-33-103(3);[ and]
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(dd) a record relating to drug or alcohol testing of a state employee under Section
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63A-17-1004;
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(ee) a record relating to a request by a state elected official or state employee who has
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been threatened to the Division of Technology Services to remove personal
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identifying information from the open web under Section 63A-16-109; and
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(ff) a record including confidential information as that term is defined in Section [
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67-27-105.] 67-27-106; and
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(gg) a record of alleged employment or workplace misconduct, as defined in Section
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63G-3-302.5.
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(2) The following records are private if properly classified by a governmental entity:
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(a) [records] a record concerning a current or former employee of, or applicant for
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employment with a governmental entity, including performance evaluations and
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personal status information such as race, religion, or disabilities, but not including
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records that are public under Subsection 63G-2-301(2)(b) or 63G-2-301(3)(o) or
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private under Subsection (1)(b) or (1)(gg);
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(b) records describing an individual's finances, except that the following are public:
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(i) records described in Subsection 63G-2-301(2);
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(ii) information provided to the governmental entity for the purpose of complying
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with a financial assurance requirement; or
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(iii) records that must be disclosed in accordance with another statute;
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(c) records of independent state agencies if the disclosure of those records would
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conflict with the fiduciary obligations of the agency;
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(d) other records containing data on individuals the disclosure of which constitutes a
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clearly unwarranted invasion of personal privacy;
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(e) records provided by the United States or by a government entity outside the state that
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are given with the requirement that the records be managed as private records, if the
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providing entity states in writing that the record would not be subject to public
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disclosure if retained by it;
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(f) any portion of a record in the custody of the Division of Aging and Adult Services,
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created in Section 26B-6-102, that may disclose, or lead to the discovery of, the
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identity of a person who made a report of alleged abuse, neglect, or exploitation of a
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vulnerable adult; and
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(g) audio and video recordings created by a body-worn camera, as defined in Section
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77-7a-103, that record sound or images inside a home or residence except for
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recordings that:
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(i) depict the commission of an alleged crime;
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(ii) record any encounter between a law enforcement officer and a person that results
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in death or bodily injury, or includes an instance when an officer fires a weapon;
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(iii) record any encounter that is the subject of a complaint or a legal proceeding
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against a law enforcement officer or law enforcement agency;
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(iv) contain an officer involved critical incident as defined in Subsection 76-2-408
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(1)(f); or
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(v) have been requested for reclassification as a public record by a subject or
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authorized agent of a subject featured in the recording.
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(3)(a) As used in this Subsection (3), "medical records" means medical reports, records,
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statements, history, diagnosis, condition, treatment, and evaluation.
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(b) Medical records in the possession of the University of Utah Hospital, its clinics,
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doctors, or affiliated entities are not private records or controlled records under
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Section 63G-2-304 when the records are sought:
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(i) in connection with any legal or administrative proceeding in which the patient's
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physical, mental, or emotional condition is an element of any claim or defense; or
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(ii) after a patient's death, in any legal or administrative proceeding in which any
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party relies upon the condition as an element of the claim or defense.
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(c) Medical records are subject to production in a legal or administrative proceeding
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according to state or federal statutes or rules of procedure and evidence as if the
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medical records were in the possession of a nongovernmental medical care provider.
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Section 3. Section 63G-2-302.5 is enacted to read:
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63G-2-302.5 . Record of alleged employment or workplace misconduct -- When
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disclosure is required -- Redaction.
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(1) As used in this section:
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(a) "Final written decision on a matter of alleged employment or workplace misconduct"
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means a final written administrative decision, following an investigation, that
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pertains to a matter of alleged unlawful harassment, unlawful discriminatory conduct,
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or related retaliation.
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(b) "Identifying information" means:
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(i) an individual's name;
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(ii) an individual's contact information, including:
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(A) the individual's residential address, mailing address, work address; or
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(B) any phone number or email address relating to the individual; or
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(iii) other information that could, under the circumstances, lead to the discovery of
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the individual's identity.
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(c)(i) "Record of alleged employment or workplace misconduct" means a record that
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relates in any way to information, a report, an inquiry, an assertion, an allegation,
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a rumor, or a complaint that:
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(A) an elected official or other government employee, agent, or volunteer is a
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perpetrator of, a witness of, or a victim of unlawful harassment, unlawful
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discriminatory conduct, or related retaliation; or
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(B) an incident of unlawful harassment, other unlawful discriminatory conduct, or
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related retaliation occurred at the workplace of an elected official or other
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government employee, agent, or volunteer.
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(ii) "Record of alleged employment or workplace misconduct" includes:
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(A) an investigatory record;
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(B) evidence;
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(C) notes;
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(D) written or recorded statements;
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(E) testimony;
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(F) a formal or informal report or complaint; or
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(G) a record that would reveal anything regarding a matter described in
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Subsection (1)(a) or the investigation, findings, or resolution of a matter
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described in Subsection (1)(a).
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(2)(a) To encourage an individual who is a victim of unlawful discrimination, including
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unlawful harassment, to report the unlawful discrimination or unlawful harassment,
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except as provided in Subsection (2)(b), the following provisions do not apply to a
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private record described in Subsection (1)(gg), and may not be used as a basis for
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disclosing the private record or information in the private record:
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(i) Subsection 63G-2-102(3);
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(ii) Subsections 63G-2-201(5) and (14);
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(iii) Subsections 63G-2-202(7)(c)(iii) and (d);
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(iv) Subsection 63G-2-401(6);
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(v) Subsection 63G-2-403(11)(b); and
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(vi) Subsection 63G-2-404(7).
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(b) The provisions described in Subsection (2)(a)(i) through (vi) apply to:
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(i) under the circumstances described in Subsection (3), the information described in
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Subsections (3)(c) and (d);
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(ii) under the circumstances described in Subsection (5)(a), the information described
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in Subsections (5)(a)(iii) and (iv);
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(iii) under the circumstances described in Subsection (5)(b), the information
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described in Subsections (5)(b)(iii) and (iv); or
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(iv) under the circumstances described in Subsection (6)(b), the information
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described in Subsections (6)(b)(iii) and (iv).
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(3) A record of alleged employment or workplace misconduct that relates to alleged
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misconduct that is not, and never has been, under active investigation is subject to
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disclosure, with the following information redacted:
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(a) identifying information of a victim or witness, other than the alleged perpetrator;
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(b) if a victim's or witness's identity is publicly known, information that would be
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embarrassing or demeaning to the victim or witness;
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(c) information that is otherwise classified as private, protected, or controlled; or
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(d) information described in Subsection 63G-2-201(3)(b) to which access is restricted.
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(4) Except as provided in Subsection (6), a record of alleged employment or workplace
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misconduct may not be released:
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(a) while the alleged misconduct to which the record relates is under active
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investigation; or
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(b) before the earlier of:
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(i) 30 days after the day on which the investigation is completed or closed; or
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(ii) the day on which a final written decision on a matter of alleged employment or
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workplace misconduct is publicly released.
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(5) A record of alleged employment or workplace misconduct that relates to alleged
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misconduct that was under active investigation, but is no longer under active
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investigation, is subject to disclosure in response to a records request as follows:
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(a) if the investigation results in a determination that misconduct occurred, the following
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information shall be redacted:
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(i) identifying information of a victim or witness;
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(ii) if a victim's or witness's identity is publicly known, information that would be
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embarrassing or demeaning to the victim or witness;
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(iii) information that is otherwise classified as private, protected, or controlled; or
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(iv) information described in Subsection 63G-2-201(3)(b) to which access is
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restricted; or
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(b) if the investigation results in a determination that no alleged misconduct occurred or
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that a determination is inconclusive, the record is subject to disclosure in response to
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a records request, except that the following information shall be redacted:
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(i) identifying information of an alleged victim, alleged witness, or alleged
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perpetrator;
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(ii) if an alleged victim's, alleged witness's or alleged perpetrator's identity is publicly
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known, information that is not already public knowledge and that would be
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embarrassing or demeaning to the alleged victim, alleged witness, or alleged
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perpetrator;
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(iii) information that is otherwise classified as private, protected, or controlled; and
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(iv) information described in Subsection 63G-2-201(3)(b) to which access is
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restricted.
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(6)(a) The prohibition on release of a record of alleged employment or workplace
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misconduct described in Subsection (4) does not apply if more than 180 days have
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passed after the day on which the allegation of misconduct is made to the employer.
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(b) If an investigation described in Subsection (4) is not completed or closed within 180
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days after the day on which the allegation of misconduct is made to the employer, a
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record of employment or workplace misconduct relating to the matter under
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investigation is subject to disclosure in response to a records request, with the
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following information redacted:
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(i) identifying information of a victim or witness, other than the alleged perpetrator;
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(ii) if a victim's or witness's identity is publicly known, information that would be
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embarrassing or demeaning to the victim or witness;
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(iii) information that is otherwise classified as private, protected, or controlled; or
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(iv) information described in Subsection 63G-2-201(3)(b) to which access is
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restricted.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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