Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 337 Third Substitute (2022GS)

Sponsor

Rep. Lisonbee, K.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• creates the Office of the Education Ombudsman (office) in the governor's office;
• requires the office to report to the Education Interim Committee;
• defines terms;
• creates the Education Ombudsman Appointing Committee and establishes membership;
• establishes the duties of the office;
• enacts provisions governing liability and protected communications of the office;
• enacts provisions governing office confidentiality and privilege;
• amends provisions protecting certain records created or submitted to the office; and
• makes conforming changes.

Every vote on this bill

Bill text

OFFICE OF THE EDUCATION OMBUDSMAN
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill creates the Office of the Education Ombudsman.
Highlighted Provisions:
This bill:
▸ creates the Office of the Education Ombudsman (office) in the governor's office;
▸ requires the office to report to the Education Interim Committee;
▸ defines terms;
▸ creates the Education Ombudsman Appointing Committee and establishes
membership;
▸ establishes the duties of the office;
▸ enacts provisions governing liability and protected communications of the office;
▸ enacts provisions governing office confidentiality and privilege;
▸ amends provisions protecting certain records created or submitted to the office; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-201
, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
63G-2-305
, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
and 382
ENACTS:
53E-10-801
, Utah Code Annotated 1953
53E-10-802
, Utah Code Annotated 1953
53E-10-803
, Utah Code Annotated 1953
53E-10-804
, Utah Code Annotated 1953
53E-10-805
, Utah Code Annotated 1953
53E-10-806
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
35A-14-302
 and the report
on research described in Section 
35A-14-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(l) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(m) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment; [
and
]
(n) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income[
.
]
; and
(o) the report described in Section 
53E-10-806
 by the education ombudsman.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
(c) the reports described in Section 
53E-3-520
 by the state board regarding cost centers
and implementing activity based costing;
(d) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(e) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(f) in 2022 and in 2023, on or before November 30, the report described in Subsection
53E-10-309
(7) related to the PRIME pilot program;
(g) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(h) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(i) upon request, the report described in Section 
53F-5-207
 by the state board on the
Intergenerational Poverty Intervention Grants Program;
(j) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(k) the report described in Section 
53G-7-503
 by the state board regarding fees that
LEAs charge during the 2020-2021 school year;
(l) the reports described in Section 
53G-11-304
 by the state board regarding proposed
rules and results related to educator exit surveys;
(m) the report described in Section 
62A-15-117
 by the Division of Substance Abuse
and Mental Health, the State Board of Education, and the Department of Health regarding
recommendations related to Medicaid reimbursement for school-based health services; and
(n) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission.
Section 2. Section 
53E-10-801
 is enacted to read:
Part 8. Office of the Education Ombudsman
 53E-10-801.
Definitions.
As used in this part:
(1) "Committee" means the Education Ombudsman Appointing Committee created in
Section 
53E-10-802
.
(2) "Office" means the Office of the Education Ombudsman created in Section
53E-10-802
.
(3) "Ombudsman" means the individual appointed under Section 
53E-10-802
.
Section 3. Section 
53E-10-802
 is enacted to read:
 53E-10-802.
Office of the Education Ombudsman -- Appointing committee.
(1) There is created in the governor's office the Office of the Education Ombudsman.
(2) The committee shall appoint an individual with a background and expertise in state
and federal elementary and secondary education law and policy to:
(a) serve as the ombudsman; and
(b) direct the office.
(3) An individual serving as the ombudsman:
(a) is an exempt employee; and
(b) may be terminated without cause by an action of the committee.
(4) (a) There is created the Education Ombudsman Appointing Committee.
(b) The committee shall consist of the following seven members:
(i) a member of the Senate majority caucus who represents rural areas of the state,
appointed by the president of the Senate;
(ii) a member of the Senate majority caucus who represents urban areas of the state,
appointed by the president of the Senate;
(iii) a member of the Senate minority caucus, appointed by the president of the Senate;
(iv) a member of the House of Representatives majority caucus who represents rural
areas of the state, appointed by the speaker of the House of Representatives;
(v) a member of the House of Representatives who represents urban areas of the state,
appointed by the speaker of House of Representatives;
(vi) a member of the House of Representatives minority caucus, appointed by the
speaker of the House of Representatives; and
(vii) the governor or the governor's designee.
(c) (i) The president of Senate shall appoint one of the members described in
Subsection (1)(b)(i), (ii), or (iii) as cochair of the commission.
(ii) The speaker of the House of Representatives shall appoint one of the members
described in Subsection (1)(b)(iv), (v), or (vi) as cochair of the commission.
(d) The salary and expenses of a commission member who is a legislator shall be paid
in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3, Legislative
Compensation and Expenses.
(e) A committee member who is not a legislator may not receive compensation for the
member's service on the commission, but may receive per diem and reimbursement for travel
expenses incurred as a commission member at the rates established by the Division of Finance
under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(f) (i) A majority of the commission members constitutes a quorum.
(ii) The action of a majority of a quorum constitutes an action of the commission.
(g) The office of the governor shall provide staff support to the commission.
Section 4. Section 
53E-10-803
 is enacted to read:
 53E-10-803.
Duties.
(1) Subject to Subsection (2), the office shall:
(a) develop and maintain expertise in state and federal kindergarten, elementary, and
secondary education law;
(b) develop parental involvement materials, including instructional guides to inform
parents of:
(i) the core standards implemented in accordance with Section 
53E-4-202
;
(ii) a statewide assessment, as defined in Section 
53E-4-301
;
(iii) education governance and administration, including the respective roles of the
Legislature, state board, an LEA governing board, LEA administrators, school administrators,
and parents;
(iv) the requirements of Title 53, Chapter 4, Open and Public Meetings Act;
(v) a program or curriculum that, under a state law or a policy or rule, a parent has a
right to consent to before a student may participate in the program or receive the curriculum;
(vi) school discipline regulations and procedures as described in Title 53G, Chapter 8,
Discipline and Safety; and
(vii) resources to support parents in assisting with their student's education;
(c) provide information to students, parents, and members of the public regarding the
state's kindergarten, elementary, and secondary school system;
(d) facilitate the resolution of complaints made by parents and students with regard to
the state's kindergarten, elementary, and secondary education system; and
(e) refer complaints, if necessary, or individuals who need further assistance to
appropriate state and federal agencies or resources.
(2) The office may not:
(a) facilitate complaints concerning the following:
(i) an elected member of the state board or an LEA governing board;
(ii) an allegation or complaint in which the investigation or resolution of is governed
by Chapter 6, Education Professional Licensure; or
(iii) a complaint regarding an individualized education program or Section 504
accommodation plan; or
(b) respond to inquiries or complaints about:
(i) a private school;
(ii) a preschool;
(iii) a childcare center;
(iv) a public or private institution of higher education; or
(v) any other private organization, business, or entity.
(3) The office may not charge a fee.
Section 5. Section 
53E-10-804
 is enacted to read:
 53E-10-804.
Liability for good faith performance -- Communications protected.
(1) Neither the ombudsman nor an employee of the office is liable for good faith
performance of responsibilities under this part.
(2) (a) Neither the office nor an individual attorney employed by the office, if any, may
represent a person in a legal action that arises from or relates to a matter addressed in this part.
(b) An action by an attorney employed by the office, if any, does not create an
attorney-client relationship between the office or the office's attorney and a person.
(3) (a) No discriminatory, disciplinary, or retaliatory action may be taken against any
student, employee of an LEA, or an employee of the state board, for any communication made,
or information given or disclosed, to aid an employee of the office in carrying out the
employee's duties and responsibilities, unless the communication is made, or information is
given or disclosed, without good faith or maliciously.
(b) The provisions of Subsection (3)(a) do not prohibit an LEA or the state board from
supervising, disciplining, or terminating an employee for reasons other than those described in
Subsection (3)(a).
(4) (a) A communication by the ombudsman or an employee of the office, if reasonably
related to duties and responsibilities as described in this part, and done in good faith, are
privileged.
(b) The privilege created in Subsection (4)(a) is a defense to any action in libel or
slander.
Section 6. Section 
53E-10-805
 is enacted to read:
 53E-10-805.
Confidentiality.
(1) The office shall treat all matters, including the identities of parents, students,
complainants, and individuals from whom information is acquired, as confidential, except as
necessary to enable the office to perform the duties as described in this part.
(2) Upon receipt of information that by law is confidential or privileged, the office:
(a) shall maintain the confidentiality; and
(b) may not disclose or disseminate the information except as provided by applicable
state or federal law.
Section 7. Section 
53E-10-806
 is enacted to read:
 53E-10-806.
Report.
(1) No later than November 1, the ombudsman shall, in accordance with Section
68-3-14
, report annually to the Education Interim Committee.
(2) The report shall include:
(a) what services of the office have been requested and by whom without identifying
individual requestors;
(b) an accounting of the most frequent type of conflicts the office is asked to help
resolve;
(c) materials and trainings the office has created or conducted in the last year;
(d) recommendations to eliminate barriers and obstacles to meaningful parent and
community involvement in public education; and
(e) any other information requested by the Education Interim Committee.
Section 8. 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) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(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 the 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 the 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 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 portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) 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;
(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 provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63L-11-202
;
(57) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58) 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;
(59) 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;
(60) 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;
(61) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsections 
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62) a record described in Section 
63G-12-210
;
(63) 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
;
(64) 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;
(65) 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 Section 
62A-2-101
, 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)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; 
(66) 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;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation; 
(68) records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section 
36-12-8
, for an
employment position with the Legislature;
(69) work papers as defined in Section 
31A-2-204
;
(70) a record made available to Adult Protective Services or a law enforcement agency
under Section 
61-1-206
;
(71) a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(72) a record described in Section 
31A-37-503
;
(73) any record created by the Division of Occupational and Professional Licensing as
a result of Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(74) a record described in Section 
72-16-306
 that relates to the reporting of an injury
involving an amusement ride;
(75) except as provided in Subsection 
63G-2-305.5
(1), the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
(76) except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in
a voter registration record;
(77) except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a
signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
5, Victims Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Subsection
31A-48-103
(1)(b);
(80) personal information, as defined in Section 
63G-26-102
, to the extent disclosure is
prohibited under Section 
63G-26-103
;
(81) (a) an image taken of an individual during the process of booking the individual
into jail, unless:
(i) the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(ii) a law enforcement agency releases or disseminates the image after determining
that:
(A) the individual is a fugitive or an imminent threat to an individual or to public
safety; and
(B) releasing or disseminating the image will assist in apprehending the individual or
reducing or eliminating the threat; or
(iii) a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest[
.
]
;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(iii) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system; [
and
]
(83) any part of an application described in Section 
63N-16-201
 that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
not be used to restrict access to a record evidencing a final contract or approval decision[
.
]
; and
(84) a record generated in the facilitation of a resolution of a complaint in accordance
with Section 
53E-10-803
.