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H.B. 226
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GOVERNMENT RECORDS ACCESS AND
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MANAGEMENT ACT REQUIREMENTS
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REGARDING ANIMAL IDENTIFICATION
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PROGRAM
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Craig W. Buttars
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LONG TITLE
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General Description:
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This bill modifies the Government Records Access and Management Act to classify
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Department of Agriculture and Food records relating to the National Animal
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Identification System or state programs for the identification, tracing, or control of
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livestock diseases as private records.
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Highlighted Provisions:
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This bill:
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. modifies the Government Records Access and Management Act to provide private
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record classification to Department of Agriculture and Food records relating to:
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. the National Animal Identification System; and
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. state programs providing for the identification, tracing, or control of livestock
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diseases.
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Monies 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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63-2-304, as last amended by Chapters 223, 299 and 358, Laws of Utah 2004
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-2-304
is amended to read:
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63-2-304. Protected records.
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The following records are protected if properly classified by a governmental entity:
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(1) trade secrets as defined in Section
13-24-2
if the person submitting the trade secret
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has provided the governmental entity with the information specified in Section
63-2-308
;
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(2) commercial information or nonindividual financial information obtained from a
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person if:
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(a) disclosure of the information could reasonably be expected to result in unfair
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competitive injury to the person submitting the information or would impair the ability of the
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governmental entity to obtain necessary information in the future;
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(b) the person submitting the information has a greater interest in prohibiting access
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than the public in obtaining access; and
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(c) the person submitting the information has provided the governmental entity with
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the information specified in Section
63-2-308
;
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(3) commercial or financial information acquired or prepared by a governmental entity
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to the extent that disclosure would lead to financial speculations in currencies, securities, or
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commodities that will interfere with a planned transaction by the governmental entity or cause
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substantial financial injury to the governmental entity or state economy;
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(4) records the disclosure of which could cause commercial injury to, or confer a
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competitive advantage upon a potential or actual competitor of, a commercial project entity as
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defined in Subsection
11-13-103
(4);
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(5) test questions and answers to be used in future license, certification, registration,
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employment, or academic examinations;
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(6) records the disclosure of which would impair governmental procurement
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proceedings or give an unfair advantage to any person proposing to enter into a contract or
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agreement with a governmental entity, except that this Subsection (6) does not restrict the right
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of a person to see bids submitted to or by a governmental entity after bidding has closed;
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(7) records that would identify real property or the appraisal or estimated value of real
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or personal property, including intellectual property, under consideration for public acquisition
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before any rights to the property are acquired unless:
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(a) public interest in obtaining access to the information outweighs the governmental
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entity's need to acquire the property on the best terms possible;
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(b) the information has already been disclosed to persons not employed by or under a
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duty of confidentiality to the entity;
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(c) in the case of records that would identify property, potential sellers of the described
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property have already learned of the governmental entity's plans to acquire the property;
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(d) in the case of records that would identify the appraisal or estimated value of
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property, the potential sellers have already learned of the governmental entity's estimated value
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of the property; or
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(e) the property under consideration for public acquisition is a single family residence
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and the governmental entity seeking to acquire the property has initiated negotiations to acquire
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the property as required under Section
78-34-4.5
;
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(8) records prepared in contemplation of sale, exchange, lease, rental, or other
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compensated transaction of real or personal property including intellectual property, which, if
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disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
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of the subject property, unless:
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(a) the public interest in access outweighs the interests in restricting access, including
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the governmental entity's interest in maximizing the financial benefit of the transaction; or
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(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
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the value of the subject property have already been disclosed to persons not employed by or
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under a duty of confidentiality to the entity;
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(9) records created or maintained for civil, criminal, or administrative enforcement
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purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
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release of the records:
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(a) reasonably could be expected to interfere with investigations undertaken for
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enforcement, discipline, licensing, certification, or registration purposes;
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(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
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proceedings;
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(c) would create a danger of depriving a person of a right to a fair trial or impartial
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hearing;
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(d) reasonably could be expected to disclose the identity of a source who is not
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generally known outside of government and, in the case of a record compiled in the course of
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an investigation, disclose information furnished by a source not generally known outside of
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government if disclosure would compromise the source; or
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(e) reasonably could be expected to disclose investigative or audit techniques,
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procedures, policies, or orders not generally known outside of government if disclosure would
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interfere with enforcement or audit efforts;
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(10) records the disclosure of which would jeopardize the life or safety of an
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individual;
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(11) records the disclosure of which would jeopardize the security of governmental
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property, governmental programs, or governmental recordkeeping systems from damage, theft,
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or other appropriation or use contrary to law or public policy;
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(12) records that, if disclosed, would jeopardize the security or safety of a correctional
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facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
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with the control and supervision of an offender's incarceration, treatment, probation, or parole;
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(13) records that, if disclosed, would reveal recommendations made to the Board of
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Pardons and Parole by an employee of or contractor for the Department of Corrections, the
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Board of Pardons and Parole, or the Department of Human Services that are based on the
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employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
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jurisdiction;
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(14) records and audit workpapers that identify audit, collection, and operational
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procedures and methods used by the State Tax Commission, if disclosure would interfere with
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audits or collections;
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(15) records of a governmental audit agency relating to an ongoing or planned audit
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until the final audit is released;
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(16) records prepared by or on behalf of a governmental entity solely in anticipation of
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litigation that are not available under the rules of discovery;
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(17) records disclosing an attorney's work product, including the mental impressions or
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legal theories of an attorney or other representative of a governmental entity concerning
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litigation;
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(18) records of communications between a governmental entity and an attorney
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representing, retained, or employed by the governmental entity if the communications would be
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privileged as provided in Section
78-24-8
;
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(19) personal files of a legislator, including personal correspondence to or from a
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member of the Legislature, provided that correspondence that gives notice of legislative action
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or policy may not be classified as protected under this section;
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(20) (a) records in the custody or control of the Office of Legislative Research and
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General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
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legislation or contemplated course of action before the legislator has elected to support the
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legislation or course of action, or made the legislation or course of action public; and
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(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
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Office of Legislative Research and General Counsel is a public document unless a legislator
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asks that the records requesting the legislation be maintained as protected records until such
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time as the legislator elects to make the legislation or course of action public;
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(21) research requests from legislators to the Office of Legislative Research and
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General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
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in response to these requests;
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(22) drafts, unless otherwise classified as public;
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(23) records concerning a governmental entity's strategy about collective bargaining or
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pending litigation;
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(24) records of investigations of loss occurrences and analyses of loss occurrences that
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may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
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Uninsured Employers' Fund, or similar divisions in other governmental entities;
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(25) records, other than personnel evaluations, that contain a personal recommendation
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concerning an individual if disclosure would constitute a clearly unwarranted invasion of
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personal privacy, or disclosure is not in the public interest;
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(26) records that reveal the location of historic, prehistoric, paleontological, or
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biological resources that if known would jeopardize the security of those resources or of
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valuable historic, scientific, educational, or cultural information;
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(27) records of independent state agencies if the disclosure of the records would
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conflict with the fiduciary obligations of the agency;
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(28) records of a public institution of higher education regarding tenure evaluations,
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appointments, applications for admissions, retention decisions, and promotions, which could be
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properly discussed in a meeting closed in accordance with Title 52, Chapter 4, Open and Public
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Meetings, provided that records of the final decisions about tenure, appointments, retention,
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promotions, or those students admitted, may not be classified as protected under this section;
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(29) records of the governor's office, including budget recommendations, legislative
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proposals, and policy statements, that if disclosed would reveal the governor's contemplated
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policies or contemplated courses of action before the governor has implemented or rejected
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those policies or courses of action or made them public;
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(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
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revenue estimates, and fiscal notes of proposed legislation before issuance of the final
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recommendations in these areas;
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(31) records provided by the United States or by a government entity outside the state
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that are given to the governmental entity with a requirement that they be managed as protected
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records if the providing entity certifies that the record would not be subject to public disclosure
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if retained by it;
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(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
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except as provided in Section
52-4-7
;
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(33) records that would reveal the contents of settlement negotiations but not including
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final settlements or empirical data to the extent that they are not otherwise exempt from
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disclosure;
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(34) memoranda prepared by staff and used in the decision-making process by an
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administrative law judge, a member of the Board of Pardons and Parole, or a member of any
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other body charged by law with performing a quasi-judicial function;
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(35) records that would reveal negotiations regarding assistance or incentives offered
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by or requested from a governmental entity for the purpose of encouraging a person to expand
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or locate a business in Utah, but only if disclosure would result in actual economic harm to the
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person or place the governmental entity at a competitive disadvantage, but this section may not
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be used to restrict access to a record evidencing a final contract;
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(36) materials to which access must be limited for purposes of securing or maintaining
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the governmental entity's proprietary protection of intellectual property rights including patents,
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copyrights, and trade secrets;
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(37) the name of a donor or a prospective donor to a governmental entity, including a
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public institution of higher education, and other information concerning the donation that could
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reasonably be expected to reveal the identity of the donor, provided that:
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(a) the donor requests anonymity in writing;
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(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
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classified protected by the governmental entity under this Subsection (37); and
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(c) except for public institutions of higher education, the governmental unit to which
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the donation is made is primarily engaged in educational, charitable, or artistic endeavors, and
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has no regulatory or legislative authority over the donor, a member of his immediate family, or
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any entity owned or controlled by the donor or his immediate family;
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(38) accident reports, except as provided in Sections
41-6-40
,
41-12a-202
, and
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73-18-13
;
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(39) a notification of workers' compensation insurance coverage described in Section
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34A-2-205
;
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(40) (a) the following records of a public institution of education, which have been
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developed, discovered, or received by or on behalf of faculty, staff, employees, or students of
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the institution:
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(i) unpublished lecture notes;
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(ii) unpublished research notes and data;
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(iii) unpublished manuscripts;
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(iv) creative works in process;
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(v) scholarly correspondence; and
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(vi) confidential information contained in research proposals; and
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(b) Subsection (40)(a) may not be construed to affect the ownership of a record;
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(41) (a) records in the custody or control of the Office of Legislative Auditor General
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that would reveal the name of a particular legislator who requests a legislative audit prior to the
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date that audit is completed and made public; and
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(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
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Office of the Legislative Auditor General is a public document unless the legislator asks that
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the records in the custody or control of the Office of Legislative Auditor General that would
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reveal the name of a particular legislator who requests a legislative audit be maintained as
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protected records until the audit is completed and made public;
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(42) records that provide detail as to the location of an explosive, including a map or
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other document that indicates the location of:
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(a) a production facility; or
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(b) a magazine;
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(43) information contained in the database described in Section
62A-3-311.1
;
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(44) information contained in the Management Information System and Licensing
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Information System described in Title 62A, Chapter 4a, Child and Family Services;
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(45) information regarding National Guard operations or activities in support of the
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National Guard's federal mission;
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(46) records provided by any pawnbroker or pawnshop to a law enforcement agency in
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compliance with Title 13, Chapter 32a, Pawnshop Transaction Information Act; [and]
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(47) information regarding food security, risk, and vulnerability assessments performed
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by the Department of Agriculture and Food[.]; and
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(48) records of the Department of Agriculture and Food relating to the National
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Animal Identification System or any other program that provides for the identification, tracing,
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or control of livestock diseases, including any program established under Title 4, Chapter 24,
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Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Utah Livestock Inspection and
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Quarantine.
Legislative Review Note
as of 1-20-05 12:57 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.