Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 137 First Substitute (2018GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies provisions relating to the protected status of records of closed meetings;
• modifies provisions relating to the posting of documents to the Utah Public Notice Website;
• modifies a provision relating to appeals of records requests; and
• makes related technical and conforming changes.

Every vote on this bill

Bill text

AMENDMENTS RELATING TO GOVERNMENT RECORDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Keven J. Stratton
LONG TITLE
General Description:
This bill modifies provisions relating to government records.
Highlighted Provisions:
This bill:
▸ modifies provisions relating to the protected status of records of closed meetings;
▸ modifies provisions relating to the posting of documents to the Utah Public Notice
Website;
▸ modifies a provision relating to appeals of records requests; and
▸ makes related technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-4-203
, as last amended by Laws of Utah 2017, Chapters 12 and 13
52-4-206
, as last amended by Laws of Utah 2010, Chapter 239
52-4-304
, as last amended by Laws of Utah 2008, Chapter 382
63G-2-305
, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
63G-2-403
, as last amended by Laws of Utah 2015, Chapters 374, 382, and 335
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-203
 is amended to read:
52-4-203.
Written minutes of open meetings -- Public records -- Recording of
meetings.
(1) Except as provided under Subsection (7), written minutes and a recording shall be
kept of all open meetings.
(2) (a) Written minutes of an open meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) the substance of all matters proposed, discussed, or decided by the public body
which may include a summary of comments made by members of the public body;
(iv) a record, by individual member, of each vote taken by the public body;
(v) the name of each person who:
(A) is not a member of the public body; and
(B) after being recognized by the presiding member of the public body, provided
testimony or comments to the public body;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection (2)(a)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes or recording.
(b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that
minutes include the substance of matters proposed, discussed, or decided or the substance of
testimony or comments by maintaining a publicly available online version of the minutes that
provides a link to the meeting recording at the place in the recording where the matter is
proposed, discussed, or decided or the testimony or comments provided.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from the
commencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4) (a) As used in this Subsection (4):
(i) "Approved minutes" means written minutes:
(A) of an open meeting; and
(B) that have been approved by the public body that held the open meeting.
(ii) "Electronic information" means information presented or provided in an electronic
format.
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(B) that have been prepared in draft form and are subject to change before being
approved by the public body that held the open meeting.
(iv) "Specified local public body" means a legislative body of a county, city, town, or
metro township.
(v) "State public body" means a public body that is an administrative, advisory,
executive, or legislative body of the state.
(vi) [
"Website
] 
"State website
" means the Utah Public Notice Website created under
Section 
63F-1-701
.
(b) Pending minutes, approved minutes, and a recording of a public meeting are public
records under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) Pending minutes shall contain a clear indication that the public body has not yet
approved the minutes or that the minutes are subject to change until the public body approves
them.
(d) A state public body and a specified local public body shall require an individual
who, at an open meeting of the public body, publicly presents or provides electronic
information, relating to an item on the public body's meeting agenda, to provide the public
body, at the time of the meeting, an electronic or hard copy of the electronic information for
inclusion in the public record.
(e) A state public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post to the 
state
 website a copy of the approved minutes and any public materials
distributed at the meeting;
(B) make the approved minutes and public materials available to the public at the
public body's primary office; and
(C) if the public body provides online minutes under Subsection (2)(b), post approved
minutes that comply with Subsection (2)(b) and the public materials on the public body's
website; and
(iii) within three business days after holding an open meeting, post on the 
state
 website
an audio recording of the open meeting, or a link to the recording.
(f) A specified local public body shall:
(i) make pending minutes available to the public within 30 days after holding the open
meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting, post
and make available a copy of the approved minutes and any public materials distributed at the
meeting, as provided in Subsection (4)(e)(ii); and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(g) A public body that is not a state public body or a specified local public body shall:
(i) make pending minutes available to the public within a reasonable time after holding
the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes, make the approved
minutes available to the public; and
(iii) within three business days after holding an open meeting, make an audio recording
of the open meeting available to the public for listening.
(h) A public body shall establish and implement procedures for the public body's
approval of the written minutes of each meeting.
(i) Approved minutes of an open meeting are the official record of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person in
attendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be
retained permanently shall be maintained in or converted to a format that meets long-term
records storage requirements.
(7) Notwithstanding Subsection (1), a recording is not required to be kept of:
(a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken
by the public body; or
(b) an open meeting of a local district under Title 17B, Limited Purpose Local
Government Entities - Local Districts, or special service district under Title 17D, Chapter 1,
Special Service District Act, if the district's annual budgeted expenditures for all funds,
excluding capital expenditures and debt service, are $50,000 or less.
Section 2. Section 
52-4-206
 is amended to read:
52-4-206.
Record of closed meetings.
(1) Except as provided under Subsection (6), if a public body closes a meeting under
Subsection 
52-4-205
(1), the public body:
(a) shall make a recording of the closed portion of the meeting; and
(b) may keep detailed written minutes that disclose the content of the closed portion of
the meeting.
(2) A recording of a closed meeting shall be complete and unedited from the
commencement of the closed meeting through adjournment of the closed meeting.
(3) The recording and any minutes of a closed meeting shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent; and
(c) the names of all others present except where the disclosure would infringe on the
confidentiality necessary to fulfill the original purpose of closing the meeting.
(4) Minutes or recordings of a closed meeting that are required to be retained
permanently shall be maintained in or converted to a format that meets long-term records
storage requirements.
(5) [
Both a
] 
A
 recording [
and
]
, transcript, report, and
 written minutes of 
a
 closed
[
meetings
] 
meeting
 are protected records under Title 63G, Chapter 2, Government Records
Access and Management Act, except that the records may be disclosed under a court order only
as provided under Section 
52-4-304
.
(6) If a public body closes a meeting exclusively for the purposes described under
Subsection 
52-4-205
(1)(a), (1)(f), or (2):
(a) the person presiding shall sign a sworn statement affirming that the sole purpose for
closing the meeting was to discuss the purposes described under Subsection
52-4-205
(1)(a),(1)(f), or (2); and
(b) the provisions of Subsection (1) of this section do not apply.
Section 3. Section 
52-4-304
 is amended to read:
52-4-304.
Action challenging closed meeting.
(1) Notwithstanding the procedure established under Subsection 
63G-2-202
(7), in any
action brought under the authority of this chapter to challenge the legality of a closed meeting
held by a public body, the court shall:
(a) review the recording or written minutes of the closed meeting in camera; and
(b) decide the legality of the closed meeting.
(2) (a) If the judge determines that the public body did not violate Section 
52-4-204
,
52-4-205
, or 
52-4-206
 regarding closed meetings, the judge shall dismiss the case without
disclosing or revealing any information from the recording or minutes of the closed meeting.
(b) If the judge determines that the public body violated Section 
52-4-204
, 
52-4-205
, or
52-4-206
 regarding closed meetings, the judge shall publicly disclose or reveal from the
recording or minutes of the closed meeting all information about the portion of the meeting that
was illegally closed.
(3) Nothing in this section may be construed to affect the ability of a public body to
reclassify a record, as defined in Section 
63G-2-103
, as provided in Section 
63G-2-307
.
Section 4. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties, a bid, proposal, application, or other
information submitted to or by a governmental entity in response to:
(a) an invitation for bids;
(b) a request for proposals;
(c) a request for quotes;
(d) a grant; or
(e) other similar document;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, 
recordings,
 or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, to the extent not made public by rules made under that chapter;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records contained in the Management Information System created in Section
62A-4a-1003
;
(57) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63J-4-603
;
(58) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(59) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(60) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(61) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(62) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsection 
58-68-304
(3) or (4);
(63) a record described in Section 
63G-12-210
;
(64) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(65) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(66) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Subsection 
62A-2-101
(19)(a)(vi), except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(d); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; and 
(67) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist.
Section 5. Section 
63G-2-403
 is amended to read:
63G-2-403.
Appeals to the records committee.
(1) (a) A records committee appellant appeals to the records committee by filing a
notice of appeal with the executive secretary of the records committee no later than 30 days
after the date of issuance of the decision being appealed.
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
executive secretary of the records committee no later than 45 days after the day on which the
record request is made if:
(i) the circumstances described in Subsection 
63G-2-401
(1)(b) occur; and
(ii) the chief administrative officer fails to make a decision under Section 
63G-2-401
.
(2) The notice of appeal shall:
(a) contain the name, mailing address, and daytime telephone number of the records
committee appellant;
(b) be accompanied by a copy of the decision being appealed; and
(c) state the relief sought.
(3) The records committee appellant:
(a) shall, on the day on which the notice of appeal is filed with the records committee,
serve a copy of the notice of appeal on:
(i) the governmental entity whose access denial is the subject of the appeal, if the
records committee appellant is a requester or interested party; or
(ii) the requester or interested party who is a party to the local appeals board
proceeding that resulted in the decision that the political subdivision is appealing to the records
committee, if the records committee appellant is a political subdivision; and
(b) may file a short statement of facts, reasons, and legal authority in support of the
appeal.
(4) (a) Except as provided in Subsections (4)(b) and (c), no later than seven business
days after receiving a notice of appeal, the executive secretary of the records committee shall:
(i) schedule a hearing for the records committee to discuss the appeal at the next
regularly scheduled committee meeting falling at least 16 days after the date the notice of
appeal is filed but no longer than 64 calendar days after the date the notice of appeal was filed
except that the records committee may schedule an expedited hearing upon application of the
records committee appellant and good cause shown;
(ii) send a copy of the notice of hearing to the records committee appellant; and
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
to:
(A) each member of the records committee;
(B) the records officer and the chief administrative officer of the governmental entity
whose access denial is the subject of the appeal, if the records committee appellant is a
requester or interested party;
(C) any person who made a business confidentiality claim under Section 
63G-2-309
 for
a record that is the subject of the appeal; and
(D) all persons who participated in the proceedings before the governmental entity's
chief administrative officer, if the appeal is of the chief administrative officer's decision
affirming an access denial.
(b) (i) The executive secretary of the records committee may decline to schedule a
hearing if the record series that is the subject of the appeal has been found by the committee in
a previous hearing involving the same governmental entity to be appropriately classified as
private, controlled, or protected.
(ii) (A) If the executive secretary of the records committee declines to schedule a
hearing, the executive secretary of the records committee shall send a notice to the records
committee appellant indicating that the request for hearing has been denied and the reason for
the denial.
(B) The committee shall make rules to implement this section as provided by Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) The executive secretary of the records committee may schedule a hearing on an
appeal to the records committee at a regularly scheduled records committee meeting that is
later than the period described in Subsection (4)(a)(i) if that records committee meeting is the
first regularly scheduled records committee meeting at which there are fewer than 10 appeals
scheduled to be heard.
(5) (a) No later than five business days before the hearing, a governmental entity shall
submit to the executive secretary of the records committee a written statement of facts, reasons,
and legal authority in support of the governmental entity's position.
(b) The governmental entity shall send a copy of the written statement by first class
mail, postage prepaid, to the requester or interested party involved in the appeal. The executive
secretary shall forward a copy of the written statement to each member of the records
committee.
(6) (a) No later than 10 business days after the notice of appeal is sent by the executive
secretary, a person whose legal interests may be substantially affected by the proceeding may
file a request for intervention before the records committee.
(b) Any written statement of facts, reasons, and legal authority in support of the
intervener's position shall be filed with the request for intervention.
(c) The person seeking intervention shall provide copies of the statement described in
Subsection (6)(b) to all parties to the proceedings before the records committee.
(7) The records committee shall hold a hearing within the period of time described in
Subsection (4).
(8) At the hearing, the records committee shall allow the parties to testify, present
evidence, and comment on the issues. The records committee may allow other interested
persons to comment on the issues.
(9) (a) (i) The records committee:
(A) may review the disputed records; and
(B) shall review the disputed records, if the committee is weighing the various interests
under Subsection (11).
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
(b) Members of the records committee may not disclose any information or record
reviewed by the committee in camera unless the disclosure is otherwise authorized by this
chapter.
(10) (a) Discovery is prohibited, but the records committee may issue subpoenas or
other orders to compel production of necessary evidence.
(b) When the subject of a records committee subpoena disobeys or fails to comply with
the subpoena, the records committee may file a motion for an order to compel obedience to the
subpoena with the district court.
(c) (i) The records committee's review shall be de novo, if the appeal is an appeal from
a decision of a chief administrative officer:
(A) issued under Section 
63G-2-401
; or
(B) issued by a chief administrative officer of a political subdivision that has not
established a local appeals board.
(ii) For an appeal from a decision of a local appeals board, the records committee shall
review and consider the decision of the local appeals board.
(11) (a) No later than seven business days after the hearing, the records committee shall
issue a signed order:
(i) granting the relief sought, in whole or in part; or
(ii) upholding the governmental entity's access denial, in whole or in part.
(b) Except as provided in Section 
63G-2-406
, the records committee may, upon
consideration and weighing of the various interests and public policies pertinent to the
classification and disclosure or nondisclosure, order the disclosure of information properly
classified as private, controlled, or protected if the public interest favoring access is greater
than or equal to the interest favoring restriction of access.
(c) In making a determination under Subsection (11)(b), the records committee shall
consider and, where appropriate, limit the requester's or interested party's use and further
disclosure of the record in order to protect:
(i) privacy interests in the case of a private or controlled record;
(ii) business confidentiality interests in the case of a record protected under Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records.
(12) The order of the records committee shall include:
(a) a statement of reasons for the decision, including citations to this chapter, court rule
or order, another state statute, federal statute, or federal regulation that governs disclosure of
the record, if the citations do not disclose private, controlled, or protected information;
(b) a description of the record or portions of the record to which access was ordered or
denied, if the description does not disclose private, controlled, or protected information or
information exempt from disclosure under Subsection 
63G-2-201
(3)(b);
(c) a statement that any party to the proceeding before the records committee may
appeal the records committee's decision to district court; and
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
notice that in order to protect its rights on appeal, the party may wish to seek advice from an
attorney.
(13) If the records committee fails to issue a decision within 73 calendar days of the
filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A
records committee appellant shall notify the records committee in writing if the records
committee appellant considers the appeal denied.
(14) A party to a proceeding before the records committee may seek judicial review in
district court of a records committee order by filing a petition for review of the records
committee order as provided in Section 
63G-2-404
.
(15) (a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party
to the proceeding shall comply with the order of the records committee.
(b) If a party disagrees with the order of the records committee, that party may file a
notice of intent to appeal the order of the records committee.
(c) If the records committee orders the governmental entity to produce a record and no
appeal is filed, or if, as a result of the appeal, the governmental entity is required to produce a
record, the governmental entity shall:
(i) produce the record; and
(ii) file a notice of compliance with the records committee.
(d) (i) If the governmental entity that is ordered to produce a record fails to file a notice
of compliance or a notice of intent to appeal, the records committee may do either or both of
the following:
(A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
(B) send written notice of the governmental entity's noncompliance to[
:
] 
the governor.
[
(I) the governor for executive branch entities;
]
[
(II) the Legislative Management Committee for legislative branch entities; and
]
[
(III) the Judicial Council for judicial branch agencies entities.
]
(ii) In imposing a civil penalty, the records committee shall consider the gravity and
circumstances of the violation, including whether the failure to comply was due to neglect or
was willful or intentional.