Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 69 (2025GS)

Sponsor

Rep. Gricius, Stephanie

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends provisions regarding the disclosure of voter history information;
• classifies as private a record or information regarding whether a voter returned a ballot with postage attached;
• prohibits a government officer from accessing or using government records or information in a manner that is not related to a duty of the government officer;
• prohibits a government officer from accessing or using government records or information for a primarily personal purpose, unless the government officer gains access to the records or information in the same manner as a member of the public;
• makes it a crime to intentionally violate the provisions described in the preceding paragraph;
• modifies provisions relating to the award of attorney fees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

20
20A-5-410
63G-2-202
63G-2-209
63G-2-210
63G-2-301
63G-2-302
63G-2-405
63G-2-801
63G-2-802
0
Government Records and Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill amends provisions relating to government records and information.
Highlighted Provisions:
This bill:
defines terms;
amends provisions regarding the disclosure of voter history information;
classifies as private a record or information regarding whether a voter returned a ballot 
with postage attached;
prohibits a government officer from accessing or using government records or 
information in a manner that is not related to a duty of the government officer;
prohibits a government officer from accessing or using government records or 
information for a primarily personal purpose, unless the government officer gains access 
to the records or information in the same manner as a member of the public;
makes it a crime to intentionally violate the provisions described in the preceding 
paragraph;
modifies provisions relating to the award of attorney fees; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-5-410
, as last amended by Laws of Utah 2022, Chapter 248
63G-2-202
, as last amended by Laws of Utah 2024, Chapter 288
63G-2-209
, as enacted by Laws of Utah 2023, Chapter 516
63G-2-301
, as last amended by Laws of Utah 2020, Chapters 255, 399
63G-2-302
, as last amended by Laws of Utah 2024, Chapter 234
63G-2-405
, as last amended by Laws of Utah 2022, Chapter 388
63G-2-801
, as last amended by Laws of Utah 2019, Chapter 254
63G-2-802
, as last amended by Laws of Utah 2024, Chapter 18
ENACTS:
63G-2-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-5-410
 is amended to read:
20A-5-410
. Election officer to provide voting history information and status -- 
Restrictions.
(1)
As used in this section, "voting history record" means the 
following 
information 
about 
the existence and status of absentee ballot requests required by this section.
relating to a 
registered voter:
(a)
the information in the voter's voter registration record, other than the information 
classified as private under Subsection 
63G-2-302(1)(j)
;
(b)
the voter's privacy status;
(c)
the voter's status as active or inactive;
(d)
the voter's voter identification number;
(e)
the voter's federal information processing system code;
(f)
the voter's precinct;
(g)
each political district in which the voter is a resident;
(h)
a list of elections in which the voter voted;
(i)
whether the voter voted in person on election day;
(j)
whether the voter voted in person before election day;
(k)
whether the voter returned a mailed ballot;
(l)
whether the voter's ballot was mailed to an alternate address; and
(m)
the date on which the voter voted or on which the voter returned a mailed ballot.
(2)
(a)
Each election officer shall maintain, in the election officer's office, a voting 
history record of those voters registered to vote in the election officer's jurisdiction.
(b)
Except as it relates to a voter whose voter registration record is classified as private 
under Subsection 
63G-2-302(1)(k)
, the
The
 voting history record is a public record 
under 
Title 63G, Chapter 2, Government Records Access and Management Act
.
, 
except:
(i)
as it relates to a voter whose voter registration record is classified as private under 
Subsection 
63G-2-302(1)(k)
 or (l); or
(ii)
a record or information described in Subsection 
63G-2-302(1)(n)
.
(3)
(a)
When an election officer reports voting history for an election, the election officer 
shall, for each voter whose voter registration is classified as private under Subsection 
20A-2-104(4)(h)
, report the following, for that election only, without disclosing the 
identity of the voter:
(i)
for voting by mail, the information described in Subsection 
(4)(a)
;
(ii)
for early voting, the date the individual voted; and
(iii)
for voting on election day, the date the individual voted.
(b)
In relation to the information of a voter whose voter registration is classified as 
private under Subsection 
20A-2-104(4)(h)
, a report described in Subsection 
(3)(a)
may not disclose, by itself or in conjunction with any other public information, the 
identity or any other personal identifying information of the voter.
(4)
The
Subject to Subsection 
(5)
, the
 election officer shall ensure that the voting history 
record
 kept by the election officer
 for each voting precinct contains:
(a)
for voting by mail:
(i)
the date that the manual ballot was mailed to the voter; and
(ii)
the date that the voted manual ballot was received by the election officer;
(b)
for early voting:
(i)
the name and address of each individual who participated in early voting; and
(ii)
the date the individual voted; and
(c)
for voting on election day, the name and address of each individual who voted on 
election day.
(5)
Subsection 
(4)
 does not authorize the disclosure of the information described in 
Subsection 
(4)
 beyond the extent expressly provided in Subsections (2) and (3).
(5)
(6)
(a)
Notwithstanding the time limits for response to a request for records under 
Section 
63G-2-204
 or the time limits for a request for records established in any 
ordinance, the election officer shall ensure that the information required 
by
to be 
disclosed under
 this section is recorded and made available to the public no later than 
one business day after 
its receipt in the election officer's office
the day on which the 
election officer receives the information
.
(b)
Notwithstanding the fee requirements of Section 
63G-2-203
 or the fee requirements 
established in any ordinance, the election officer shall make copies of the voting 
history record available to the public
, in accordance with this section,
 for the actual 
cost of production or copying.
Section 2, Section 
63G-2-202
 is amended to read:
63G-2-202
. Access to private, controlled, and protected documents.
(1)
Except as provided in Subsection (11)(a), a governmental entity:
(a)
shall, upon request, disclose a private record to:
(i)
the subject of the record;
(ii)
the parent or legal guardian of an unemancipated minor who is the subject of the 
record;
(iii)
the legal guardian of a legally incapacitated individual who is the subject of the 
record;
(iv)
any other individual who:
(A)
has a power of attorney from the subject of the record;
(B)
submits a notarized release from the subject of the record or the individual's 
legal representative dated no more than 90 days before the date the request is 
made; or
(C)
if the record is a medical record described in Subsection 
63G-2-302
(1)(b), is a 
health care provider, as defined in Section 
26B-8-501
, if releasing the record or 
information in the record is consistent with normal professional practice and 
medical ethics; or
(v)
any person to whom the record must be provided pursuant to:
(A)
court order as provided in Subsection (7); or
(B)
a legislative subpoena as provided in Title 36, Chapter 14, Legislative 
Subpoena Powers; and
(b)
may disclose a private record described in Subsections 
63G-2-302
(1)(j) through 
(m)
(n)
, without complying with Section 
63G-2-206
, to another governmental entity for a 
purpose related to:
(i)
voter registration; or
(ii)
the administration of an election.
(2)
(a)
Upon request, a governmental entity shall disclose a controlled record to:
(i)
a physician, physician assistant, psychologist, certified social worker, insurance 
provider or producer, or a government public health agency upon submission of:
(A)
a release from the subject of the record that is dated no more than 90 days 
prior to the date the request is made; and
(B)
a signed acknowledgment of the terms of disclosure of controlled information 
as provided by Subsection (2)(b); and
(ii)
any person to whom the record must be disclosed pursuant to:
(A)
a court order as provided in Subsection (7); or
(B)
a legislative subpoena as provided in Title 36, Chapter 14, Legislative 
Subpoena Powers.
(b)
A person who receives a record from a governmental entity in accordance with 
Subsection (2)(a)(i) may not disclose controlled information from that record to any 
person, including the subject of the record.
(3)
If there is more than one subject of a private or controlled record, the portion of the 
record that pertains to another subject shall be segregated from the portion that the 
requester is entitled to inspect.
(4)
Upon request, and except as provided in Subsection (11)(b), a governmental entity shall 
disclose a protected record to:
(a)
the person that submitted the record;
(b)
any other individual who:
(i)
has a power of attorney from all persons, governmental entities, or political 
subdivisions whose interests were sought to be protected by the protected 
classification; or
(ii)
submits a notarized release from all persons, governmental entities, or political 
subdivisions whose interests were sought to be protected by the protected 
classification or from their legal representatives dated no more than 90 days prior 
to the date the request is made;
(c)
any person to whom the record must be provided pursuant to:
(i)
a court order as provided in Subsection (7); or
(ii)
a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena 
Powers; or
(d)
the owner of a mobile home park, subject to the conditions of Subsection 
41-1a-116
(5).
(5)
Except as provided in Subsection (1)(b), a governmental entity may disclose a private, 
controlled, or protected record to another governmental entity, political subdivision, 
state, the United States, or a foreign government only as provided by Section 
63G-2-206
.
(6)
Before releasing a private, controlled, or protected record, the governmental entity shall 
obtain evidence of the requester's identity.
(7)
A governmental entity shall disclose a record pursuant to the terms of a court order 
signed by a judge from a court of competent jurisdiction, provided that:
(a)
the record deals with a matter in controversy over which the court has jurisdiction;
(b)
the court has considered the merits of the request for access to the record;
(c)
the court has considered and, where appropriate, limited the requester's use and 
further disclosure of the record in order to protect:
(i)
privacy interests in the case of private or controlled records;
(ii)
business confidentiality interests in the case of records 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;
(d)
to the extent the record is properly classified private, controlled, or protected, the 
interests favoring access, considering limitations thereon, are greater than or equal to 
the interests favoring restriction of access; and
(e)
where access is restricted by a rule, statute, or regulation referred to in Subsection 
63G-2-201
(3)(b), the court has authority independent of this chapter to order 
disclosure.
(8)
(a)
Except as provided in Subsection (8)(d), a governmental entity may disclose or 
authorize disclosure of private or controlled records for research purposes if the 
governmental entity:
(i)
determines that the research purpose cannot reasonably be accomplished without 
use or disclosure of the information to the researcher in individually identifiable 
form;
(ii)
determines that:
(A)
the proposed research is bona fide; and
(B)
the value of the research is greater than or equal to the infringement upon 
personal privacy;
(iii)
(A)
requires the researcher to assure the integrity, confidentiality, and security 
of the records; and
(B)
requires the removal or destruction of the individual identifiers associated 
with the records as soon as the purpose of the research project has been 
accomplished;
(iv)
prohibits the researcher from:
(A)
disclosing the record in individually identifiable form, except as provided in 
Subsection (8)(b); or
(B)
using the record for purposes other than the research approved by the 
governmental entity; and
(v)
secures from the researcher a written statement of the researcher's understanding 
of and agreement to the conditions of this Subsection (8) and the researcher's 
understanding that violation of the terms of this Subsection (8) may subject the 
researcher to criminal prosecution under Section 
63G-2-801
.
(b)
A researcher may disclose a record in individually identifiable form if the record is 
disclosed for the purpose of auditing or evaluating the research program and no 
subsequent use or disclosure of the record in individually identifiable form will be 
made by the auditor or evaluator except as provided by this section.
(c)
A governmental entity may require indemnification as a condition of permitting 
research under this Subsection (8).
(d)
A governmental entity may not disclose or authorize disclosure of a private record 
for research purposes as described in this Subsection (8) if the private record is a 
record described in Subsection 
63G-2-302
(1)(w)
63G-2-302(1)(x)
.
(9)
(a)
Under Subsections 
63G-2-201
(5)(b) and 
63G-2-401
(6), a governmental entity 
may disclose to persons other than those specified in this section records that are:
(i)
private under Section 
63G-2-302
; or
(ii)
protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for 
business confidentiality has been made under Section 
63G-2-309
.
(b)
Under Subsection 
63G-2-403
(11)(b), the State Records Committee may require the 
disclosure to persons other than those specified in this section of records that are:
(i)
private under Section 
63G-2-302
;
(ii)
controlled under Section 
63G-2-304
; or
(iii)
protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for 
business confidentiality has been made under Section 
63G-2-309
.
(c)
Under Subsection 
63G-2-404
(7), the court may require the disclosure of records that 
are private under Section 
63G-2-302
, controlled under Section 
63G-2-304
, or 
protected under Section 
63G-2-305
 to persons other than those specified in this 
section.
(10)
(a)
A private record described in Subsection 
63G-2-302
(2)(f) may only be disclosed 
as provided in Subsection (1)(a)(v).
(b)
A protected record described in Subsection 
63G-2-305
(43) may only be disclosed as 
provided in Subsection (4)(c) or Section 
26B-6-212
.
(11)
(a)
A private, protected, or controlled record described in Section 
26B-1-506
 shall 
be disclosed as required under:
(i)
Subsections 
26B-1-506
(1)(b)and (2); and
(ii)
Subsections 
26B-1-507
(1) and (6).
(b)
A record disclosed under Subsection (11)(a) shall retain its character as private, 
protected, or controlled.
Section 3, Section 
63G-2-209
 is amended to read:
63G-2-209
. Vexatious requester.
(1)
As used in this section:
(a)
"Committee" means the State Records Committee created in Section 
63G-2-501
.
(b)
"Executive secretary" means an individual appointed as executive secretary under 
Subsection 
63G-2-502(3)
.
(c)
"Respondent" means a person that a governmental entity claims is a vexatious 
requester under this section.
(2)
(a)
A governmental entity may file a petition with the committee to request relief 
from a person that the governmental entity claims is a vexatious requester.
(b)
A petition under Subsection 
(2)(a)
 shall:
(i)
be filed with the committee by submitting the petition to the executive secretary; 
and
(ii)
contain:
(A)
the name, phone number, mailing address, and email address that the 
respondent submitted to the governmental entity;
(B)
a description of the conduct that the governmental entity claims demonstrates 
that the respondent is a vexatious requester;
(C)
a statement of the relief the governmental entity seeks; and
(D)
a sworn declaration or an unsworn declaration, as those terms are defined in 
Section 
78B-18a-102
.
(c)
On the day the governmental entity files a petition under Subsection 
(2)(a)
, the 
governmental entity shall send a copy of the petition to the respondent.
(3)
(a)
Except as provided in Subsection 
(3)(c)
, no later than seven business days after 
receiving the petition the executive secretary shall schedule a hearing for the 
committee to consider the petition, to be held:
(i)
(A)
at the next regularly scheduled committee meeting falling at least 16 
calendar days after the date the petition is filed but no later than 64 calendar 
days after the date the petition is filed; or
(B)
at a regularly scheduled committee meeting that is later than the period 
described in Subsection 
(3)(a)(i)(A)
 if the later committee meeting is the first 
regularly scheduled committee meeting at which there are fewer than 10 
appeals scheduled to be heard; or
(ii)
at a date sooner than a period described in Subsection 
(3)(a)(i)
 if the 
governmental entity:
(A)
requests an expedited hearing; and
(B)
shows good cause for the expedited hearing.
(b)
If the executive secretary schedules a hearing under Subsection 
(3)(a)
, the executive 
secretary shall:
(i)
send a copy of the petition to each member of the committee;
(ii)
send a copy of the notice of hearing to the governmental entity, the respondent, 
and each member of the committee; and
(iii)
if applicable, send a copy of the respondent's statement under Subsection 
(3)(c)(ii)
 to the governmental entity and each member of the committee.
(c)
(i)
The executive secretary may decline to schedule a hearing if:
(A)
the executive secretary recommends that the committee deny the petition 
without a hearing because the petition does not warrant a hearing;
(B)
the executive secretary consults with the chair of the committee and at least 
one other member of the committee; and
(C)
the chair of the committee and all committee members with whom the 
executive secretary consults under this Subsection 
(3)(c)(i)
 agree with the 
executive secretary's recommendation to deny the petition without a hearing.
(ii)
The executive secretary may, in making the determination described in 
Subsection 
(3)(c)(i)(A)
, request that the respondent submit a written response to 
the petition.
(d)
If the executive secretary declines to schedule a hearing in accordance with 
Subsection 
(3)(c)
:
(i)
the executive secretary shall send a notice to the governmental entity and the 
respondent indicating that the request for a hearing has been denied and the 
reasons for the denial; and
(ii)
the committee shall:
(A)
vote at the committee's next regular meeting to accept or reject the 
recommendation to deny the petition without a hearing;
(B)
issue an order that includes the reasons for the committee's decision to accept 
or reject the recommendation; and
(C)
if the committee rejects the recommendation to deny the petition without a 
hearing, direct the executive secretary to schedule a hearing as provided in 
Subsection 
(3)(a)
.
(4)
(a)
No later than five business days before the hearing, the respondent may submit to 
the executive secretary and the governmental entity a written statement in response to 
the governmental entity's petition.
(b)
The written statement described in Subsection 
(4)(a)
 may be the same document as 
the respondent's written response described in Subsection 
(3)(c)(ii)
.
(5)
No later than 10 business days before a hearing under this section, a person whose legal 
interests may be substantially affected by the proceeding may file a request for 
intervention with the committee as provided in Subsection 
63G-2-403(6)
.
(6)
If a respondent fails to submit a written statement under Subsection 
(4)
 or fails to appear 
at the hearing, the committee shall:
(a)
cancel the hearing; or
(b)
hold the hearing in accordance with Subsection 
(7)
.
(7)
(a)
If the committee holds a hearing scheduled under Subsection 
(3)
, the committee 
shall:
(i)
allow the governmental entity to testify, present evidence, and comment on the 
issues; and
(ii)
allow the respondent to testify, present evidence, and comment on the issues if 
the respondent appears at the hearing.
(b)
At the hearing, the committee may allow another interested person to comment on 
the issues.
(c)
(i)
Discovery is prohibited, but the committee may issue subpoenas or other orders 
to compel production of necessary testimony or evidence.
(ii)
If the subject of a committee subpoena disobeys or fails to comply with the 
subpoena, the committee may file a motion with the district court for an order to 
compel obedience to the subpoena.
(8)
(a)
No later than seven business days after a hearing is held as scheduled under 
Subsection 
(3)
 or the date on which a hearing cancelled under Subsection 
(6)
 was 
scheduled to be held, the committee shall:
(i)
determine, in accordance with Subsection 
(9)
, whether the governmental entity has 
demonstrated that the respondent is a vexatious requester; and
(ii)
issue a signed order that grants or denies the petition in whole or in part.
(b)
Upon granting the petition in whole or in part, the committee may order that the 
governmental entity is not required to fulfill requests from the respondent or a person 
that submits a request on the respondent's behalf for a period of time that may not 
exceed one year.
(c)
The committee's order shall contain:
(i)
a statement of the reasons for the committee's decision;
(ii)
if the petition is granted in whole or in part, a specific description of the conduct 
the committee determines demonstrates that the respondent is a vexatious 
requester, including any conduct the committee finds to constitute an abuse of the 
right of access to information under this chapter or a substantial interference with 
the operations of the governmental entity;
(iii)
a statement that the respondent or governmental entity may seek judicial review 
of the committee's decision in district court as provided in Section 
63G-2-404
; and
(iv)
a brief summary of the judicial review process, the time limits for seeking 
judicial review, and a notice that, in order to protect applicable rights in 
connection with the judicial review, the person seeking judicial review of the 
committee's decision may wish to seek advice from an attorney.
(9)
In determining whether a governmental entity has demonstrated that the respondent is a 
vexatious requester, the committee shall consider:
(a)
the interests described in Section 
63G-2-102
;
(b)
as applicable:
(i)
the number of requests the respondent has submitted to the governmental entity, 
including the number of pending record requests;
(ii)
the scope, nature, content, language, and subject matter of record requests the 
respondent has submitted to the governmental entity;
(iii)
the nature, content, language, and subject matter of any communications to the 
governmental entity related to a record request of the respondent; and
(iv)
any pattern of conduct that the committee determines to constitute:
(A)
an abuse of the right of access to information under this chapter; or
(B)
substantial interference with the operations of the governmental entity; and
(c)
any other factor the committee considers relevant.
(10)
(a)
A governmental entity or respondent aggrieved by the committee's decision 
under this section may seek judicial review of the decision as provided in Section 
63G-2-404
.
(b)
In a judicial review under Subsection 
(10)(a)
, the court may award reasonable 
attorney fees to a respondent if:
(i)
the respondent substantially prevails; and
(ii)
the court determines that:
(A)
the petition filed by the governmental entity under Subsection 
(2)
 is without 
merit;
 and
(B)
the governmental entity's actions in filing the petition lack a reasonable basis 
in fact or law
.
; and
(C)
the governmental entity filed the petition in bad faith.
(c)
Except for the waiver of immunity in Subsection 
63G-7-301(2)(e)
, a claim for 
attorney fees under this Subsection 
(10)
 is not subject to 
Chapter 7, Governmental 
Immunity Act of Utah
.
(11)
Notwithstanding any other provision of this chapter, a records request that a 
governmental entity is not required to fulfill in accordance with an order issued under 
this section may not be the subject of an appeal under 
Part 4, Appeals
.
(12)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
committee shall make rules to implement this section.
Section 4, Section 
63G-2-210
 is enacted to read:
63G-2-210
. Access to and use of voter or election information by a government 
officer.
(1)
As used in this section, "government officer" means:
(a)
an elected official; or
(b)
an officer, employee, volunteer, or agent of a governmental entity.
(2)
A government officer may not:
(a)
disclose, or attempt to discover, any information from a ballot cast by an identifiable 
voter;
(b)
except as provided in Subsection (3), disclose in relation to an identifiable voter:
(i)
the method by which the voter voted or returned a ballot;
(ii)
when or where the voter voted;
(iii)
how or when the voter's ballot was received;
(iv)
whether a ballot was mailed to the voter;
(v)
whether the voter placed postage on a return envelope; or
(vi)
any information from the return envelope of a voter.
(3)
Subsection (2) does not prohibit the disclosure, in mass, of the information included in a 
voting history record, in accordance with Section 
20A-5-410
.
(4)
Except as provided in Subsection 
(5)
, a government officer who, due to the government 
officer's position as a government officer, has access to election records, may not access, 
use, copy, or release the information except to the extent that the access, use, copying, or 
release:
(a)
is reasonably related to a duty of the government officer;
(b)
is in accordance with the requirements of law; and
(c)
is not done for a primarily personal purpose, including:
(i)
a political purpose;
(ii)
furthering the government officer's personal agenda
;
 or
(iii)
a purpose relating to the government officer's private business, hobbies, or 
personal interests.
(5)
Subsection 
(4)
 does not prevent a government officer from accessing, using, copying, or 
releasing government information in the same manner available to a member of the 
general public, including by filing a record request under Section 
63G-2-204
.
Section 5, Section 
63G-2-301
 is amended to read:
63G-2-301
. Public records.
(1)
As used in this section:
(a)
"Business address" means a single address of a governmental agency designated for 
the public to contact an employee or officer of the governmental agency.
(b)
"Business email address" means a single email address of a governmental agency 
designated for the public to contact an employee or officer of the governmental 
agency.
(c)
"Business telephone number" means a single telephone number of a governmental 
agency designated for the public to contact an employee or officer of the 
governmental agency.
(d)
"Correctional facility" means the same as that term is defined in Section 
77-16b-102
.
(2)
The following records are public except to the extent they contain information expressly 
permitted to be treated confidentially under the provisions of Subsections 
63G-2-201(3)(b)
 and 
(6)(a)
:
(a)
laws;
(b)
the name, gender, gross compensation, job title, job description, business address, 
business email address, business telephone number, number of hours worked per pay 
period, dates of employment, and relevant education, previous employment, and 
similar job qualifications of a current or former employee or officer of the 
governmental entity, excluding:
(i)
undercover law enforcement personnel; and
(ii)
investigative personnel if disclosure could reasonably be expected to impair the 
effectiveness of investigations or endanger any individual's safety;
(c)
final opinions, including concurring and dissenting opinions, and orders that are 
made by a governmental entity in an administrative, adjudicative, or judicial 
proceeding except that if the proceedings were properly closed to the public, the 
opinion and order may be withheld to the extent that they contain information that is 
private, controlled, or protected;
(d)
final interpretations of statutes or rules by a governmental entity unless classified as 
protected as provided in Subsection 
63G-2-305(17)
 or 
(18)
;
(e)
information contained in or compiled from a transcript, minutes, or report of the open 
portions of a meeting of a governmental entity as provided by 
Title 52, Chapter 4, 
Open and Public Meetings Act
, including the records of all votes of each member of 
the governmental entity;
(f)
judicial records unless a court orders the records to be restricted under the rules of 
civil or criminal procedure or unless the records are private under this chapter;
(g)
unless otherwise classified as private under Section 
63G-2-303
, records or parts of 
records filed with or maintained by county recorders, clerks, treasurers, surveyors, 
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and 
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the 
Division of Water Rights, or other governmental entities that give public notice of:
(i)
titles or encumbrances to real property;
(ii)
restrictions on the use of real property;
(iii)
the capacity of persons to take or convey title to real property; or
(iv)
tax status for real and personal property;
(h)
records of the Department of Commerce that evidence incorporations, mergers, name 
changes, and uniform commercial code filings;
(i)
data on individuals that would otherwise be private under this chapter if the 
individual who is the subject of the record has given the governmental entity written 
permission to make the records available to the public;
(j)
documentation of the compensation that a governmental entity pays to a contractor or 
private provider;
(k)
summary data;
(l)
voter registration records, including an individual's voting history, except for a voter 
registration record or those parts of a voter registration record that are classified as 
private under Subsections 
63G-2-302(1)(j)
 through 
(m)
(n)
 or withheld under 
Subsection 
20A-2-104(7)
;
(m)
for an elected official, as defined in Section 
11-47-102
, a telephone number, if 
available, and email address, if available, where that elected official may be reached 
as required in 
Title 11, Chapter 47, Access to Elected Officials
;
(n)
for a school community council member, a telephone number, if available, and email 
address, if available, where that elected official may be reached directly as required 
in Section 
53G-7-1203
;
(o)
annual audited financial statements of the Utah Educational Savings Plan described 
in Section 
53B-8a-111
; and
(p)
an initiative packet, as defined in Section 
20A-7-101
, and a referendum packet, as 
defined in Section 
20A-7-101
, after the packet is submitted to a county clerk.
(3)
The following records are normally public, but to the extent that a record is expressly 
exempt from disclosure, access may be restricted under Subsection 
63G-2-201(3)(b)
, 
Section 
63G-2-302
, 
63G-2-304
, or 
63G-2-305
:
(a)
administrative staff manuals, instructions to staff, and statements of policy;
(b)
records documenting a contractor's or private provider's compliance with the terms 
of a contract with a governmental entity;
(c)
records documenting the services provided by a contractor or a private provider to 
the extent the records would be public if prepared by the governmental entity;
(d)
contracts entered into by a governmental entity;
(e)
any account, voucher, or contract that deals with the receipt or expenditure of funds 
by a governmental entity;
(f)
records relating to government assistance or incentives publicly disclosed, contracted 
for, or given by a governmental entity, encouraging a person to expand or relocate a 
business in Utah, except as provided in Subsection 
63G-2-305(35)
;
(g)
chronological logs and initial contact reports;
(h)
correspondence by and with a governmental entity in which the governmental entity 
determines or states an opinion upon the rights of the state, a political subdivision, 
the public, or any person;
(i)
empirical data contained in drafts if:
(i)
the empirical data is not reasonably available to the requester elsewhere in similar 
form; and
(ii)
the governmental entity is given a reasonable opportunity to correct any errors or 
make nonsubstantive changes before release;
(j)
drafts that are circulated to anyone other than:
(i)
a governmental entity;
(ii)
a political subdivision;
(iii)
a federal agency if the governmental entity and the federal agency are jointly 
responsible for implementation of a program or project that has been legislatively 
approved;
(iv)
a government-managed corporation; or
(v)
a contractor or private provider;
(k)
drafts that have never been finalized but were relied upon by the governmental entity 
in carrying out action or policy;
(l)
original data in a computer program if the governmental entity chooses not to 
disclose the program;
(m)
arrest warrants after issuance, except that, for good cause, a court may order 
restricted access to arrest warrants prior to service;
(n)
search warrants after execution and filing of the return, except that a court, for good 
cause, may order restricted access to search warrants prior to trial;
(o)
records that would disclose information relating to formal charges or disciplinary 
actions against a past or present governmental entity employee if:
(i)
the disciplinary action has been completed and all time periods for administrative 
appeal have expired; and
(ii)
the charges on which the disciplinary action was based were sustained;
(p)
records maintained by the Division of Forestry, Fire, and State Lands, the School and 
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that 
evidence mineral production on government lands;
(q)
final audit reports;
(r)
occupational and professional licenses;
(s)
business licenses;
(t)
a notice of violation, a notice of agency action under Section 
63G-4-201
, or similar 
records used to initiate proceedings for discipline or sanctions against persons 
regulated by a governmental entity, but not including records that initiate employee 
discipline; and
(u)
(i)
records that disclose a standard, regulation, policy, guideline, or rule regarding 
the operation of a correctional facility or the care and control of inmates 
committed to the custody of a correctional facility; and
(ii)
records that disclose the results of an audit or other inspection assessing a 
correctional facility's compliance with a standard, regulation, policy, guideline, or 
rule described in Subsection 
(3)(u)(i)
.
(4)
The list of public records in this section is not exhaustive and should not be used to limit 
access to records.
Section 6, Section 
63G-2-302
 is amended to read:
63G-2-302
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits, 
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis, 
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records 
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule; 
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics 
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics 
Commission, except as otherwise expressly provided in Title 63A, Chapter 14, 
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning 
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the 
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by 
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or 
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for 
employment with, a governmental entity that would disclose that individual's home 
address, home telephone number, social security number, insurance coverage, marital 
status, or payroll deductions;
(h)
records or parts of records under Section 
63G-2-303
 that a current or former 
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer 
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
, 
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant 
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a), 
20A-2-104
(4)(h), or 
20A-2-204
(4)(b);
(l)
a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m)
a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any 
verification submitted in support of the form;
(n)
a record or information regarding whether a voter returned a ballot with postage 
attached;
(n)
(o)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the Chief Information 
Officer; and
(B)
acts as a repository of information about the individual that can be 
electronically retrieved and used to facilitate the individual's online interaction 
with a state agency;
(o)
(p)
information provided to the Commissioner of Insurance under:
(i)
Subsection 
31A-23a-115
(3)(a);
(ii)
Subsection 
31A-23a-302
(4); or
(iii)
Subsection 
31A-26-210
(4);
(p)
(q)
information obtained through a criminal background check under Title 11, 
Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water 
Systems;
(q)
(r)
information provided by an offender that is:
(i)
required by the registration requirements of Title 77, Chapter 41, Sex, Kidnap, and 
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection 
77-41-110
(4);
(r)
(s)
a statement and any supporting documentation filed with the attorney general in 
accordance with Section 
34-45-107
, if the federal law or action supporting the filing 
involves homeland security;
(s)
(t)
electronic toll collection customer account information received or collected 
under Section 
72-6-118
 and customer information described in Section 
17B-2a-815
received or collected by a public transit district, including contact and payment 
information and customer travel data;
(t)
(u)
an email address provided by a military or overseas voter under Section 
20A-16-501
;
(u)
(v)
a completed military-overseas ballot that is electronically transmitted under Title 
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(v)
(w)
records received by or generated by or for the Political Subdivisions Ethics 
Review Commission established in Section 
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section 
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A, 
Chapter 15, Political Subdivisions Ethics Review Commission;
(w)
(x)
a record described in Section 
53G-9-604
 that verifies that a parent was notified 
of an incident or threat;
(x)
(y)
a criminal background check or credit history report conducted in accordance 
with Section 
63A-3-201
;
(y)
(z)
a record described in Subsection 
53-5a-104
(7);
(z)
(aa)
on a record maintained by a county for the purpose of administering property 
taxes, an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(aa)
(bb)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an 
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions;
(ii)
Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii)
Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv)
Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
(bb)
(cc)
a record provided by the State Tax Commission in response to a request under 
Subsection 
59-1-403
(4)(y)(iii);
(cc)
(dd)
a record of the Child Welfare Legislative Oversight Panel regarding an 
individual child welfare case, as described in Subsection 
36-33-103
(3);
 and
(dd)
(ee)
a record relating to drug or alcohol testing of a state employee under Section 
63A-17-1004
;
(ee)
(ff)
a record relating to a request by a state elected official or state employee who 
has been threatened to the Division of Technology Services to remove personal 
identifying information from the open web under Section 
63A-16-109
; and
(ff)
(gg)
a record including confidential information as that term is defined in Section 
67-27-105
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment 
with a governmental entity, including performance evaluations and personal status 
information such as race, religion, or disabilities, but not including records that are 
public under Subsection 
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under 
Subsection (1)(b);
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection 
63G-2-301
(2);
(ii)
information provided to the governmental entity for the purpose of complying 
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would 
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a 
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that 
are given with the requirement that the records be managed as private records, if the 
providing entity states in writing that the record would not be subject to public 
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services, 
created in Section 
26B-6-102
, that may disclose, or lead to the discovery of, the 
identity of a person who made a report of alleged abuse, neglect, or exploitation of a 
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section 
77-7a-103
, that record sound or images inside a home or residence except for 
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
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;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding 
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer involved critical incident as defined in Subsection 
76-2-408
(1)(f); or
(v)
have been requested for reclassification as a public record by a subject or 
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection (3), "medical records" means medical reports, records, 
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics, 
doctors, or affiliated entities are not private records or controlled records under 
Section 
63G-2-304
 when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's 
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any 
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding 
according to state or federal statutes or rules of procedure and evidence as if the 
medical records were in the possession of a nongovernmental medical care provider.
Section 7, Section 
63G-2-405
 is amended to read:
63G-2-405
. Confidential treatment of records for which no exemption applies.
(1)
A court may, on appeal or in a declaratory or other action, order the confidential 
treatment of records for which no exemption from disclosure applies if:
(a)
there are compelling interests favoring restriction of access to the record; and
(b)
the interests favoring restriction of access clearly are greater than or equal to the 
interests favoring access.
(2)
If a governmental entity requests a court to restrict access to a record under this section, 
the court shall require the governmental entity to pay the reasonable attorney fees and 
costs incurred by the lead party in opposing the governmental entity's request, if:
(a)
the court finds that no statutory or constitutional exemption from disclosure could 
reasonably apply to the record in question;
 and
(b)
the court denies confidential treatment under this section
.
; and
(c)
the court finds that the governmental entity made the request in bad faith.
(3)
This section does not apply to records that are specifically required to be public under 
statutory provisions outside of this chapter or under Section 
63G-2-301
, except as 
provided in Subsection 
(4)
.
(4)
(a)
Access to drafts and empirical data in drafts may be limited under this section, but 
the court may consider, in its evaluation of interests favoring restriction of access, 
only those interests that relate to the underlying information, and not to the 
deliberative nature of the record.
(b)
Access to original data in a computer program may be limited under this section, but 
the court may consider, in its evaluation of interests favoring restriction of access, 
only those interests that relate to the underlying information, and not to the status of 
that data as part of a computer program.
(5)
Except for the waiver of immunity in Subsection 
63G-7-301(2)(e)
, a claim for attorney 
fees or costs under this section is not subject to 
Chapter 7, Governmental Immunity Act 
of Utah
.
Section 8, Section 
63G-2-801
 is amended to read:
63G-2-801
. Criminal penalties.
(1)
(a)
A public employee or other person who has lawful access to any private, 
controlled, or protected record under this chapter, and who intentionally discloses, 
provides a copy of, or improperly uses a private, controlled, or protected record 
knowing that the disclosure or use is prohibited under this chapter, is, except as 
provided in Subsection 
53-5-708(1)(c)
, guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(1)(a)
 that the actor used or released 
private, controlled, or protected information in the reasonable belief that the use or 
disclosure of the information was necessary to expose a violation of law involving 
government corruption, abuse of office, or misappropriation of public funds or 
property.
(c)
It is a defense to prosecution under Subsection 
(1)(a)
 that the record could have 
lawfully been released to the recipient if it had been properly classified.
(d)
It is a defense to prosecution under Subsection 
(1)(a)
 that the public employee or 
other person disclosed, provided, or used the record based on a good faith belief that 
the disclosure, provision, or use was in accordance with the law.
(2)
(a)
A person who by false pretenses, bribery, or theft, gains access to or obtains a 
copy of any private, controlled, or protected record to which the person is not legally 
entitled is guilty of a class B misdemeanor.
(b)
No person shall be guilty under Subsection 
(2)(a)
 who receives the record, 
information, or copy after the fact and without prior knowledge of or participation in 
the false pretenses, bribery, or theft.
(3)
(a)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by law, is guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(3)(a)
 that the public employee's 
failure to release the record was based on a good faith belief that the public employee 
was acting in accordance with the requirements of law.
(c)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by a final unappealed order from a 
government entity, the State Records Committee, or a court is guilty of a class B 
misdemeanor.
(4)
A person who intentionally violates Section 
63G-2-210
 is guilty of a class B 
misdemeanor.
Section 9, Section 
63G-2-802
 is amended to read:
63G-2-802
. Injunction -- Attorney fees and costs.
(1)
As used in this section, "defending party" means:
(a)
a governmental entity or political subdivision:
(i)
whose access denial is the subject of a petition for judicial review under Section 
63G-2-404
; and
(ii)
that defends the access denial in an action for judicial review under Section 
63G-2-404
; or
(b)
a person, other than the governmental entity or political subdivision described in 
Subsection (1)(a), that is party to the action for judicial review in opposition to 
disclosure of the record that is the subject of judicial review.
(2)
A district court in this state may enjoin any governmental entity or political subdivision 
that violates or proposes to violate the provisions of this chapter.
(3)
(a)
A
Subject to Subsection 
(6)
, a
 district court may assess against a defending party 
reasonable attorney fees and costs reasonably incurred in connection with a judicial 
appeal to determine whether a requester is entitled 
to 
access to records under a 
records request, if
:
(i)
the requester substantially prevails
.
; and
(ii)
the court finds that the defending party acted in bad faith.
(b)
In
Subject to Subsection 
(6)
, in
 determining whether to award attorney fees or costs 
to a requester 
under this section, the court shall consider:
(i)
the public benefit derived from the case;
(ii)
the nature of the requester's interest in the records; and
(iii)
whether the defending party's actions had a reasonable basis.
(c)
Attorney fees and costs shall not ordinarily be awarded
A court may not award 
attorney fees or costs to a requester under this section
 if the purpose of the litigation 
is primarily to benefit the requester's financial or commercial interest.
(4)
Neither attorney fees nor costs may be awarded for fees or costs incurred during 
administrative proceedings.
(5)
A district court may assess against a requester reasonable attorney fees and costs 
reasonably incurred in connection with a judicial appeal to determine whether the 
requester is entitled to access to records under a records request, if:
(a)
the defending party substantially prevails; and
(b)
the court finds that the requester acted in bad faith.
(5)
(6)
Notwithstanding Subsection (3), a
A
 court may award 
to a requester 
attorney fees 
and costs incurred in connection with appeals to district courts under Subsection 
63G-2-404
(2) only if the attorney fees and costs were incurred 20 or more days after
 the 
day on which
 the requester provided
:
 to the governmental entity, political subdivision, 
or other person against which the requester seeks an award of attorney fees and costs,
(a)
an adequate explanation in writing of the basis for the requester's position, 
regardless of whether the explanation is a part of or outside an administrative or court 
proceeding
; and
.
(b)
to the governmental entity, political subdivision, or other person against which the 
requester seeks an award of attorney fees and costs.
(6)
(7)
Except for the waiver of immunity in Subsection 
63G-7-301
(2)(e), a claim for 
attorney fees or costs as provided in this section is not subject to Chapter 7, 
Governmental Immunity Act of Utah.
Section 10. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:28 PM