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H.B. 12
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AMENDMENTS TO GOVERNMENT RECORDS
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ACCESS AND MANAGEMENT ACT
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Douglas C. Aagard
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Senate Sponsor:
David L. Thomas
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LONG TITLE
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General Description:
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This bill makes amendments to the treatment of records under the Government Records
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Access and Management Act.
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Highlighted Provisions:
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This bill:
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. modifies the definition of records subject to the act to exclude materials that are not
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connected with the conduct of the public's business;
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. provides that internal communications that are part of the deliberative process in
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connection with the preparation of legislation between members of a legislative
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body or the legislative body's staff are protected records;
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. provides that certain communications between citizens and elected officials are
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protected records;
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. requires that governmental entities give notice to persons who are providing private
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or controlled information as to how the information is currently used and shared;
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. clarifies that certain government entities shall submit records retention schedules for
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approval by the State Records Committee;
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. provides that government entities that do not submit retention schedules for
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approval shall be governed by the model retention schedule maintained by the state
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archivist;
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. clarifies that the Legislature may set its own retention schedules and records
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management, notice, and amendment policies;
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. clarifies that the judiciary may set its own retention schedules and records
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management policies; and
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. makes technical changes.
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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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63-2-103, as last amended by Chapters 40 and 201, Laws of Utah 2005
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63-2-304, as last amended by Chapters 2, 131, 201, 214, 256 and 297, Laws of Utah
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2005
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63-2-601, as last amended by Chapter 280, Laws of Utah 1992
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63-2-702, as last amended by Chapter 280, Laws of Utah 1992
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63-2-703, as last amended by Chapters 228 and 280, Laws of Utah 1992
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ENACTS:
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63-2-604, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-2-103
is amended to read:
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63-2-103. Definitions.
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As used in this chapter:
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(1) "Audit" means:
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(a) a systematic examination of financial, management, program, and related records
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for the purpose of determining the fair presentation of financial statements, adequacy of
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internal controls, or compliance with laws and regulations; or
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(b) a systematic examination of program procedures and operations for the purpose of
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determining their effectiveness, economy, efficiency, and compliance with statutes and
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regulations.
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(2) "Chronological logs" mean the regular and customary summary records of law
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enforcement agencies and other public safety agencies that show:
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(a) the time and general nature of police, fire, and paramedic calls made to the agency;
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(b) and any arrests or jail bookings made by the agency.
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(3) "Classification," "classify," and their derivative forms mean determining whether a
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record series, record, or information within a record is public, private, controlled, protected, or
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exempt from disclosure under Subsection
63-2-201
(3)(b).
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(4) (a) "Computer program" means:
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(i) a series of instructions or statements that permit the functioning of a computer
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system in a manner designed to provide storage, retrieval, and manipulation of data from the
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computer system; and
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(ii) any associated documentation and source material that explain how to operate the
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computer program.
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(b) "Computer program" does not mean:
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(i) the original data, including numbers, text, voice, graphics, and images;
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(ii) analysis, compilation, and other manipulated forms of the original data produced by
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use of the program; or
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(iii) the mathematical or statistical formulas, excluding the underlying mathematical
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algorithms contained in the program, that would be used if the manipulated forms of the
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original data were to be produced manually.
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(5) (a) "Contractor" means:
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(i) any person who contracts with a governmental entity to provide goods or services
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directly to a governmental entity; or
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(ii) any private, nonprofit organization that receives funds from a governmental entity.
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(b) "Contractor" does not mean a private provider.
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(6) "Controlled record" means a record containing data on individuals that is controlled
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as provided by Section
63-2-303
.
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(7) "Designation," "designate," and their derivative forms mean indicating, based on a
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governmental entity's familiarity with a record series or based on a governmental entity's
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review of a reasonable sample of a record series, the primary classification that a majority of
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records in a record series would be given if classified and the classification that other records
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typically present in the record series would be given if classified.
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(8) "Elected official" means each person elected to a state office, county office,
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municipal office, school board or school district office, or special district office, but does not
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include judges standing for retention election.
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[(8)] (9) "Explosive" means a chemical compound, device, or mixture:
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(a) commonly used or intended for the purpose of producing an explosion; and
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(b) that contains oxidizing or combustive units or other ingredients in proportions,
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quantities, or packing so that:
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(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
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compound or mixture may cause a sudden generation of highly heated gases; and
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(ii) the resultant gaseous pressures are capable of:
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(A) producing destructive effects on contiguous objects; or
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(B) causing death or serious bodily injury.
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[(9)] (10) "Government audit agency" means any governmental entity that conducts an
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audit.
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[(10)] (11) (a) "Governmental entity" means:
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(i) executive department agencies of the state, the offices of the governor, lieutenant
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governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
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the Board of Examiners, the National Guard, the Career Service Review Board, the State Board
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of Education, the State Board of Regents, and the State Archives;
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(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
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Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
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committees, except any political party, group, caucus, or rules or sifting committee of the
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Legislature;
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(iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
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administrative units in the judicial branch;
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(iv) any state-funded institution of higher education or public education; or
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(v) any political subdivision of the state, but, if a political subdivision has adopted an
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ordinance or a policy relating to information practices pursuant to Section
63-2-701
, this
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chapter shall apply to the political subdivision to the extent specified in Section
63-2-701
or as
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specified in any other section of this chapter that specifically refers to political subdivisions.
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(b) "Governmental entity" also means every office, agency, board, bureau, committee,
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department, advisory board, or commission of an entity listed in Subsection [(10)] (11)(a) that
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is funded or established by the government to carry out the public's business.
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[(11)] (12) "Gross compensation" means every form of remuneration payable for a
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given period to an individual for services provided including salaries, commissions, vacation
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pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
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similar benefit received from the individual's employer.
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[(12)] (13) "Individual" means a human being.
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[(13)] (14) (a) "Initial contact report" means an initial written or recorded report,
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however titled, prepared by peace officers engaged in public patrol or response duties
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describing official actions initially taken in response to either a public complaint about or the
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discovery of an apparent violation of law, which report may describe:
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(i) the date, time, location, and nature of the complaint, the incident, or offense;
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(ii) names of victims;
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(iii) the nature or general scope of the agency's initial actions taken in response to the
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incident;
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(iv) the general nature of any injuries or estimate of damages sustained in the incident;
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(v) the name, address, and other identifying information about any person arrested or
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charged in connection with the incident; or
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(vi) the identity of the public safety personnel, except undercover personnel, or
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prosecuting attorney involved in responding to the initial incident.
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(b) Initial contact reports do not include follow-up or investigative reports prepared
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after the initial contact report. However, if the information specified in Subsection [(13)]
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(14)(a) appears in follow-up or investigative reports, it may only be treated confidentially if it
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is private, controlled, protected, or exempt from disclosure under Subsection
63-2-201
(3)(b).
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(15) "Legislative body" means:
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(a) the Legislature;
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(b) a county legislative body as defined in Subsection
68-3-12
(2);
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(c) a city council or town council in the traditional management arrangement
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established by Title 10, Chapter 3, Part 1, Governing Body; or
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(d) a municipal council in the council-mayor or council-manager optional forms of
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government defined in Section
10-3-101
.
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[(14)] (16) "Notice of compliance" means a statement confirming that a governmental
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entity has complied with a records committee order.
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[(15)] (17) "Person" means:
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(a) an individual;
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(b) a nonprofit or profit corporation;
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(c) a partnership;
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(d) a sole proprietorship;
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(e) other type of business organization; or
161
(f) any combination acting in concert with one another.
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[(16)] (18) "Private provider" means any person who contracts with a governmental
163
entity to provide services directly to the public.
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[(17)] (19) "Private record" means a record containing data on individuals that is
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private as provided by Section
63-2-302
.
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[(18)] (20) "Protected record" means a record that is classified protected as provided by
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Section
63-2-304
.
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[(19)] (21) "Public record" means a record that is not private, controlled, or protected
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and that is not exempt from disclosure as provided in Subsection
63-2-201
(3)(b).
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[(20)] (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph,
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film, card, tape, recording, electronic data, or other documentary material regardless of physical
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form or characteristics:
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(i) that is prepared, owned, received, or retained by a governmental entity or political
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subdivision; and
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(ii) where all of the information in the original is reproducible by photocopy or other
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mechanical or electronic means.
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(b) "Record" does not mean:
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(i) material that is not prepared, owned, received, or retained in connection with the
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conduct of the public's business;
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[(i)] (ii) a temporary draft or similar material prepared for the originator's personal use
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or prepared by the originator for the personal use of an individual for whom the originator is
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working;
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[(ii)] (iii) material that is legally owned by an individual in the individual's private
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capacity;
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[(iii)] (iv) material to which access is limited by the laws of copyright or patent unless
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the copyright or patent is owned by a governmental entity or political subdivision;
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[(iv)] (v) proprietary software;
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[(v)] (vi) junk mail or a commercial publication received by a governmental entity or
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an official or employee of a governmental entity;
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[(vi)] (vii) a book that is cataloged, indexed, or inventoried and contained in the
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collections of a library open to the public;
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[(vii)] (viii) material that is cataloged, indexed, or inventoried and contained in the
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collections of a library open to the public, regardless of physical form or characteristics of the
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material;
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[(viii)] (ix) a daily calendar or other personal note prepared by the originator for the
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originator's personal use or for the personal use of an individual for whom the originator is
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working;
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[(ix)] (x) a computer program that is developed or purchased by or for any
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governmental entity for its own use; or
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[(x)] (xi) a note or internal memorandum prepared as part of the deliberative process
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by:
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(A) a member of the judiciary;
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(B) an administrative law judge;
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(C) a member of the Board of Pardons and Parole; or
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(D) a member of any other body charged by law with performing a quasi-judicial
206
function.
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[(21)] (23) "Record series" means a group of records that may be treated as a unit for
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purposes of designation, description, management, or disposition.
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[(22)] (24) "Records committee" means the State Records Committee created in
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Section
63-2-501
.
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[(23)] (25) "Records officer" means the individual appointed by the chief
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administrative officer of each governmental entity, or the political subdivision to work with
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state archives in the care, maintenance, scheduling, designation, classification, disposal, and
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preservation of records.
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[(24)] (26) "Schedule," "scheduling," and their derivative forms mean the process of
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specifying the length of time each record series should be retained by a governmental entity for
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administrative, legal, fiscal, or historical purposes and when each record series should be
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transferred to the state archives or destroyed.
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[(25)] (27) "Sponsored research" means research, training, and other sponsored
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activities as defined by the federal Executive Office of the President, Office of Management
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and Budget:
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(a) conducted:
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(i) by an institution within the state system of higher education defined in Section
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53B-1-102
; and
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(ii) through an office responsible for sponsored projects or programs; and
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(b) funded or otherwise supported by an external:
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(i) person that is not created or controlled by the institution within the state system of
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higher education; or
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(ii) federal, state, or local governmental entity.
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[(26)] (28) "State archives" means the Division of Archives and Records Service
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created in Section
63-2-901
.
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[(27)] (29) "State archivist" means the director of the state archives.
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[(28)] (30) "Summary data" means statistical records and compilations that contain
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data derived from private, controlled, or protected information but that do not disclose private,
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controlled, or protected information.
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Section 2.
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
251
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
256
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
269
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
274
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
280
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
281
of the subject property, unless:
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(a) the public interest in access outweighs the interests in restricting access, including
283
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
286
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;
292
(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
295
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
299
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;
308
(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
310
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
311
(13) records that, if disclosed, would reveal recommendations made to the Board of
312
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
313
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
315
jurisdiction;
316
(14) records and audit workpapers that identify audit, collection, and operational
317
procedures and methods used by the State Tax Commission, if disclosure would interfere with
318
audits or collections;
319
(15) records of a governmental audit agency relating to an ongoing or planned audit
320
until the final audit is released;
321
(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
324
legal theories of an attorney or other representative of a governmental entity concerning
325
litigation;
326
(18) records of communications between a governmental entity and an attorney
327
representing, retained, or employed by the governmental entity if the communications would be
328
privileged as provided in Section
78-24-8
;
329
(19) (a) (i) personal files of a state legislator, including [personal] correspondence to or
330
from a member of the Legislature[, provided that] subject to the provisions of Subsection (51);
331
and
332
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
333
legislative action or policy may not be classified as protected under this section; and
334
(b) (i) an internal communication that is part of the deliberative process in connection
335
with the preparation of legislation between:
336
(A) members of a legislative body;
337
(B) a member of a legislative body and a member of the legislative body's staff; or
338
(C) members of a legislative body's staff; and
339
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
340
legislative action or policy may not be classified as protected under this section;
341
(20) (a) records in the custody or control of the Office of Legislative Research and
342
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
343
legislation or contemplated course of action before the legislator has elected to support the
344
legislation or course of action, or made the legislation or course of action public; and
345
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
346
Office of Legislative Research and General Counsel is a public document unless a legislator
347
asks that the records requesting the legislation be maintained as protected records until such
348
time as the legislator elects to make the legislation or course of action public;
349
(21) research requests from legislators to the Office of Legislative Research and
350
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
351
in response to these requests;
352
(22) drafts, unless otherwise classified as public;
353
(23) records concerning a governmental entity's strategy about collective bargaining or
354
pending litigation;
355
(24) records of investigations of loss occurrences and analyses of loss occurrences that
356
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
357
Uninsured Employers' Fund, or similar divisions in other governmental entities;
358
(25) records, other than personnel evaluations, that contain a personal recommendation
359
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
360
personal privacy, or disclosure is not in the public interest;
361
(26) records that reveal the location of historic, prehistoric, paleontological, or
362
biological resources that if known would jeopardize the security of those resources or of
363
valuable historic, scientific, educational, or cultural information;
364
(27) records of independent state agencies if the disclosure of the records would
365
conflict with the fiduciary obligations of the agency;
366
(28) records of an institution within the state system of higher education defined in
367
Section
53B-1-102
regarding tenure evaluations, appointments, applications for admissions,
368
retention decisions, and promotions, which could be properly discussed in a meeting closed in
369
accordance with Title 52, Chapter 4, Open and Public Meetings, provided that records of the
370
final decisions about tenure, appointments, retention, promotions, or those students admitted,
371
may not be classified as protected under this section;
372
(29) records of the governor's office, including budget recommendations, legislative
373
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
374
policies or contemplated courses of action before the governor has implemented or rejected
375
those policies or courses of action or made them public;
376
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
377
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
378
recommendations in these areas;
379
(31) records provided by the United States or by a government entity outside the state
380
that are given to the governmental entity with a requirement that they be managed as protected
381
records if the providing entity certifies that the record would not be subject to public disclosure
382
if retained by it;
383
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
384
except as provided in Section
52-4-7
;
385
(33) records that would reveal the contents of settlement negotiations but not including
386
final settlements or empirical data to the extent that they are not otherwise exempt from
387
disclosure;
388
(34) memoranda prepared by staff and used in the decision-making process by an
389
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
390
other body charged by law with performing a quasi-judicial function;
391
(35) records that would reveal negotiations regarding assistance or incentives offered
392
by or requested from a governmental entity for the purpose of encouraging a person to expand
393
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
394
person or place the governmental entity at a competitive disadvantage, but this section may not
395
be used to restrict access to a record evidencing a final contract;
396
(36) materials to which access must be limited for purposes of securing or maintaining
397
the governmental entity's proprietary protection of intellectual property rights including patents,
398
copyrights, and trade secrets;
399
(37) the name of a donor or a prospective donor to a governmental entity, including an
400
institution within the state system of higher education defined in Section
53B-1-102
, and other
401
information concerning the donation that could reasonably be expected to reveal the identity of
402
the donor, provided that:
403
(a) the donor requests anonymity in writing;
404
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
405
classified protected by the governmental entity under this Subsection (37); and
406
(c) except for an institution within the state system of higher education defined in
407
Section
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
408
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
409
over the donor, a member of the donor's immediate family, or any entity owned or controlled
410
by the donor or the donor's immediate family;
411
(38) accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
412
73-18-13
;
413
(39) a notification of workers' compensation insurance coverage described in Section
414
34A-2-205
;
415
(40) (a) the following records of an institution within the state system of higher
416
education defined in Section
53B-1-102
, which have been developed, discovered, disclosed to,
417
or received by or on behalf of faculty, staff, employees, or students of the institution:
418
(i) unpublished lecture notes;
419
(ii) unpublished notes, data, and information:
420
(A) relating to research; and
421
(B) of:
422
(I) the institution within the state system of higher education defined in Section
423
53B-1-102
; or
424
(II) a sponsor of sponsored research;
425
(iii) unpublished manuscripts;
426
(iv) creative works in process;
427
(v) scholarly correspondence; and
428
(vi) confidential information contained in research proposals;
429
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
430
information required pursuant to Subsection
53B-16-302
(2)(a) or (b); and
431
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
432
(41) (a) records in the custody or control of the Office of Legislative Auditor General
433
that would reveal the name of a particular legislator who requests a legislative audit prior to the
434
date that audit is completed and made public; and
435
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
436
Office of the Legislative Auditor General is a public document unless the legislator asks that
437
the records in the custody or control of the Office of Legislative Auditor General that would
438
reveal the name of a particular legislator who requests a legislative audit be maintained as
439
protected records until the audit is completed and made public;
440
(42) records that provide detail as to the location of an explosive, including a map or
441
other document that indicates the location of:
442
(a) a production facility; or
443
(b) a magazine;
444
(43) information contained in the database described in Section
62A-3-311.1
;
445
(44) information contained in the Management Information System and Licensing
446
Information System described in Title 62A, Chapter 4a, Child and Family Services;
447
(45) information regarding National Guard operations or activities in support of the
448
National Guard's federal mission;
449
(46) records provided by any pawnbroker or pawnshop to a law enforcement agency or
450
to the central database in compliance with Title 13, Chapter 32a, Pawnshop Transaction
451
Information Act;
452
(47) information regarding food security, risk, and vulnerability assessments performed
453
by the Department of Agriculture and Food;
454
(48) except to the extent that the record is exempt from this chapter pursuant to Section
455
63-2-106
, records related to an emergency plan or program prepared or maintained by the
456
Division of Emergency Services and Homeland Security the disclosure of which would
457
jeopardize:
458
(a) the safety of the general public; or
459
(b) the security of:
460
(i) governmental property;
461
(ii) governmental programs; or
462
(iii) the property of a private person who provides the Division of Emergency Services
463
and Homeland Security information;
464
(49) records of the Department of Agriculture and Food relating to the National
465
Animal Identification System or any other program that provides for the identification, tracing,
466
or control of livestock diseases, including any program established under Title 4, Chapter 24,
467
Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, [Utah] Livestock Inspection
468
and Quarantine; [and]
469
(50) as provided in Section
26-39-109
:
470
(a) information or records held by the Department of Health related to a complaint
471
regarding a child care program or residential child care which the department is unable to
472
substantiate; and
473
(b) information or records related to a complaint received by the Department of Health
474
from an anonymous complainant regarding a child care program or residential child care[.]; and
475
(51) a communication between a citizen of the state and an elected official, unless one
476
of the parties to the communication elects to make the communication public.
477
Section 3.
Section
63-2-601
is amended to read:
478
Part 6. Collection of Information and Accuracy of Records
479
63-2-601. Rights of individuals on whom data is maintained -- Classification
480
statement -- Notice to provider of information.
481
(1) (a) Each governmental entity shall file with the state archivist a statement
482
explaining the purposes for which a record series that is designated as private or controlled
483
[are] is collected and used by that governmental entity.
484
(b) [That] The statement filed under Subsection (1)(a) is a public record.
485
(2) (a) [Upon request, each] A governmental entity shall [explain] provide notice of the
486
following to [an individual] a person that is asked to furnish information that could be
487
classified as a private or controlled record:
488
[(a)] (i) the reasons the [individual] person is asked to furnish [to the governmental
489
entity] the information [that could be classified private or controlled];
490
[(b)] (ii) the intended uses of the information; [and]
491
[(c)] (iii) the consequences for refusing to provide the information[.]; and
492
(iv) the classes of persons and the governmental entities that currently:
493
(A) share the information with the governmental entity; or
494
(B) receive the information from the governmental entity on a regular or contractual
495
basis.
496
(b) The notice shall be:
497
(i) posted in a prominent place at all locations where the governmental entity collects
498
the information; or
499
(ii) included as part of the documents or forms that are used by the governmental entity
500
to collect the information.
501
(3) Upon request, each governmental entity shall explain to a person:
502
(a) the reasons the person is asked to furnish information that could be classified as a
503
private or controlled record;
504
(b) the intended uses of the information referred to in Subsection (3)(a);
505
(c) the consequences for refusing to provide the information referred to in Subsection
506
(3)(a); and
507
(d) the reasons and circumstances under which the information referred to in
508
Subsection (3)(a) may be shared with or provided to other persons or governmental entities.
509
[(3)] (4) A governmental entity may [not] use private or controlled records only for
510
those purposes [other than those]:
511
(a) given in the statement filed with the state archivist under Subsection (1); or [for
512
purposes other than those for]
513
(b) for which another governmental entity [could] may use the record under Section
514
63-2-206
.
515
Section 4.
Section
63-2-604
is enacted to read:
516
63-2-604. Retention and disposition of records.
517
(1) (a) Except for a governmental entity that is permitted to maintain its own retention
518
schedules under Part 7, Applicability to Political Subdivisions, the Judiciary, and the
519
Legislature, each governmental entity shall file with the State Records Committee a proposed
520
schedule for the retention and disposition of each type of material that is defined as a record
521
under this chapter.
522
(b) After a retention schedule is reviewed and approved by the State Records
523
Committee under Subsection
63-2-502
(1)(b), the governmental entity shall maintain and
524
destroy records in accordance with the retention schedule.
525
(c) If a governmental entity subject to the provisions of this section has not received an
526
approved retention schedule for a specific type of material that is classified as a record under
527
this chapter, the model retention schedule maintained by the state archivist shall govern the
528
retention and destruction of that type of material.
529
(2) A retention schedule that is filed with or approved by the State Records Committee
530
under the requirements of this section is a public record.
531
Section 5.
Section
63-2-702
is amended to read:
532
63-2-702. Applicability to judiciary.
533
(1) The judiciary is subject to the provisions of this chapter except as provided in this
534
section.
535
(2) (a) The judiciary is not subject to Part 4 [of this chapter], Appeals, except as
536
provided in Subsection (5).
537
(b) The judiciary is not subject to [Part 5 of this chapter] Parts 5, State Records
538
Committee, and 6, Collection of Information and Accuracy of Records.
539
(c) The judiciary is subject to only the following sections in Part 9 [of this chapter],
540
Archives and Records Service: Sections
63-2-905
and
63-2-906
.
541
(3) The Judicial Council, the Administrative Office of the Courts, the courts, and other
542
administrative units in the judicial branch shall designate and classify their records in
543
accordance with Sections
63-2-301
through
63-2-304
.
544
(4) Substantially consistent with the provisions of this chapter, the Judicial Council
545
shall:
546
(a) make rules governing requests for access, fees, classification, designation,
547
segregation, management, retention, denials and appeals of requests for access and retention,
548
and amendment of judicial records;
549
(b) establish an appellate board to handle appeals from denials of requests for access
550
and provide that a requester who is denied access by the appellate board may file a lawsuit in
551
district court; and
552
(c) provide standards for the management and retention of judicial records substantially
553
consistent with Section
63-2-903
.
554
(5) Rules governing appeals from denials of requests for access shall substantially
555
comply with the time limits provided in Section
63-2-204
and Part 4 [of this chapter], Appeals.
556
(6) Upon request, the state archivist shall:
557
(a) assist with and advise concerning the establishment of a records management
558
program in the judicial branch; and
559
(b) as required by the judiciary, provide program services similar to those available to
560
the executive and legislative branches of government as provided in this chapter.
561
Section 6.
Section
63-2-703
is amended to read:
562
63-2-703. Applicability to the Legislature.
563
(1) The Legislature and its staff offices shall designate and classify records in
564
accordance with Sections
63-2-301
through
63-2-304
as public, private, controlled, or
565
protected.
566
(2) (a) The Legislature and its staff offices are not subject to Section
63-2-203
or to
567
Part 4 [or], Appeals, 5 [of this chapter], State Records Committee, or 6, Collection of
568
Information and Accuracy of Records.
569
(b) The Legislature is subject to only the following sections in Part 9 [of this chapter],
570
Archives and Records Service: Sections
63-2-902
,
63-2-906
, and
63-2-909
.
571
(3) The Legislature, through the Legislative Management Committee[,]:
572
(a) shall establish policies to handle requests for [records and] classification,
573
designation, fees, access, denials, segregation, appeals, management, retention, and amendment
574
of records; and
575
(b) may establish an appellate board to hear appeals from denials of access.
576
(4) Policies shall include reasonable times for responding to access requests consistent
577
with the provisions of Part 2 [of this chapter], Access to Records, fees, and reasonable time
578
limits for appeals.
579
(5) Upon request, the state archivist shall:
580
(a) assist with and advise concerning the establishment of a records management
581
program in the Legislature; and
582
(b) as required by the Legislature, provide program services similar to those available
583
to the executive branch of government, as provided in this chapter.
Legislative Review Note
as of 10-19-05 3:40 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Legislative Committee Note
as of 12-16-05 6:54 AM
The Government Records Access and Management Task Force recommended this bill.
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