Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 492 (2025GS)

Sponsor

Rep. Jack, Colin W.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires a community water system to:
• complete a security plan; and
• report a security breach to the Utah Cyber Center within two hours of discovering the security breach;
• requires the Division of Drinking Water to report annually to two legislative committees on security at community water systems;
• classifies a community water system's security plan as a protected record; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

10
19-4-106
19-4-116
63G-2-305
Drinking Water Utilities Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill addresses security at drinking water facilities.
Highlighted Provisions:
This bill:
defines terms;
requires a community water system to: 
complete a security plan; and
report a security breach to the Utah Cyber Center within two hours of discovering the 
security breach;
requires the Division of Drinking Water to report annually to two legislative committees 
on security at community water systems;
classifies a community water system's security plan as a protected record; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-4-106
, (Effective 05/07/25) (Repealed 07/01/29) as last amended by Laws of Utah 
2023, Chapter 238
63G-2-305
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapters 18, 
101, 135, 267, 344, and 522
ENACTS:
19-4-116
, (Effective 05/07/25) Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-4-106
 is amended to read:
19-4-106 (Effective 05/07/25) (Repealed 07/01/29). Director -- Appointment -- 
Authority.
(1)
The executive director shall appoint the director. The director shall serve under the 
administrative direction of the executive director.
(2)
The director shall:
(a)
develop programs to promote and protect the quality of the public drinking water 
supplies of the state;
(b)
advise, consult, and cooperate with other agencies of this and other states, the federal 
government, and with other groups, political subdivisions, and industries in 
furtherance of the purpose of this chapter;
(c)
review plans, specifications, and other data pertinent to proposed or expanded water 
supply systems to ensure proper design and construction;
 and
(d)
ensure that a community water system has a security plan that meets the 
requirements described in Subsection 
19-4-116(2)
;
(d)
(e)
subject to the provisions of this chapter, enforce rules made by the board 
through the issuance of orders that may be subsequently revoked, which orders may 
require:
(i)
discontinuance of use of unsatisfactory sources of drinking water;
(ii)
suppliers to notify the public concerning the need to boil water; or
(iii)
suppliers in accordance with existing rules, to take remedial actions necessary to 
protect or improve an existing water system; and
(e)
(f)
as authorized by the board and subject to the provisions of this chapter, act as 
executive secretary of the board under the direction of the chair of the board.
(3)
The director may authorize employees or agents of the department, after reasonable 
notice and presentation of credentials, to enter any part of a public water system at 
reasonable times to inspect the facilities and water quality records required by board 
rules, conduct sanitary surveys, take samples, and investigate the standard of operation 
and service delivered by public water systems.
(4)
As provided in this chapter and in accordance with rules made by the board, the director 
may:
(a)
issue and enforce a notice of violation and an administrative order; and
(b)
assess and make a demand for payment of an administrative penalty arising from a 
violation of this chapter, a rule or order issued under the authority of this chapter, or 
the terms of a permit or other administrative authorization issued under the authority 
of this chapter.
(5)
(a)
The director shall study how water providers, municipalities, counties, and state 
agencies may find greater efficiencies through improved coordination, consolidation, 
and regionalization related to:
(i)
water use and conservation; and
(ii)
administrative and economic efficiencies.
(b)
The study under this Subsection 
(5)
 shall consider recommendations including 
incentives, funding, regulatory changes, and statutory changes to promote greater 
coordination and efficiency and to help meet water infrastructure needs statewide.
(c)
The director shall:
(i)
conduct the study in conjunction with the Division of Water Resources; and
(ii)
consult with a diverse group consisting of water providers, state agencies, local 
governments, and relevant stakeholders to help the director conduct the study and 
develop recommendations described in this Subsection 
(5)
.
(d)
On or before October 30, 2024, the director shall provide a written report of the 
study's findings, including any recommended legislative action, to the Natural 
Resources, Agriculture, and Environment Interim Committee.
Section 2, Section 
19-4-116
 is enacted to read:
19-4-116 (Effective 05/07/25). Security plan for community water systems -- 
Requirements -- Report.
(1)
As used in this section:
(a)
"Authorized employee" means an employee of a community water system authorized 
to access:
(i)
an operational technology;
(ii)
a control system; or
(iii)
a secure area.
(b)
(i)
"Control system" means a physical or electronic system that implements a 
procedure or process for water treatment or water delivery at a community water 
system.
(ii)
"Control system" includes:
(A)
a computer system that monitors or controls water treatment or water delivery 
equipment in real time;
(B)
a computer device that performs calculations or processes data related to water 
treatment or water delivery; and
(C)
a network device or server that allows an authorized employee to remotely 
access a computer system or computer device that monitors or controls water 
treatment or water delivery.
(c)
"Operational technology" means a hardware, software, or firmware component of a 
control system.
(d)
"Secure area" means an area in a community water system that is not normally 
accessible by the public.
(e)
(i)
"Security breach" means an incident that threatens the security of a community 
water system with the potential to impact the quality or quantity of delivered 
water.
(ii)
"Security breach" includes:
(A)
a physical breach to a secure area by an individual other than an authorized 
employee;
(B)
a breach of an operational technology or control system; or
(C)
an unauthorized attempt to delete, disable, destroy, or override data, an 
application, a device, or a computer network.
(2)
(a)
By no later than July 1, 2025, and annually thereafter, a supplier of a community 
water system serving a population of 10,000 or greater shall complete a security plan.
(b)
By no later than July 1, 2026, and annually thereafter, a supplier of a community 
water system serving a population less than 10,000 shall complete a security plan.
(c)
A supplier of a community water system shall report to the division on or before July 
1 of each year whether the supplier has completed a security plan described in this 
Subsection 
(2)
.
(d)
A security plan described in this Subsection 
(2)
 shall include a requirement to:
(i)
support and regularly update software used in a control system;
(ii)
adopt best practices for secure passwords;
(iii)
provide annual cybersecurity training to an employee who has regular access to 
an operational technology or control system;
(iv)
complete an internal assessment of the community water system's security 
vulnerabilities;
(v)
promptly remove access to all operational technology and control systems from 
an employee whose employment is terminated;
(vi)
prohibit an unauthorized copying of software and data;
(vii)
ensure that an automated operational technology or control system can be 
operated manually, as needed;
(viii)
report a security breach in accordance with Subsection 
(3)
;
(ix)
adopt other security and records management requirements in conformity with 
federal requirements; and
(x)
comply with a security directive by the director.
(e)
A supplier of a community water system shall make available to the director or the 
director's authorized representative, upon request:
(i)
the supplier's security plan under this Subsection 
(2)
;
(ii)
an incident report; and
(iii)
any information related to a security plan as requested by the director.
(3)
(a)
A supplier of a community water system shall report a security breach no later 
than two hours after the supplier discovers the security breach to the Utah Cyber 
Center created in Section 
63A-16-1102
.
(b)
The Utah Cyber Center shall notify the division of a reported security breach 
described in Subsection 
(3)(a)
 as soon as possible, but not later than one day after 
receiving the report from the supplier.
(4)
(a)
By no later than October 31 of each year, the division shall submit a report on 
security at community water systems in the state to:
(i)
the Natural Resources, Agriculture, and Environment Interim Committee; and
(ii)
the Public Utilities, Energy, and Technology Interim Committee.
(b)
The report described in this Subsection 
(4)
 shall include:
(i)
information collected by the division regarding security incidents and security 
plans at community water systems in the state; and
(ii)
recommendations from the division, if any, for legislative action and funding to 
improve physical and electronic security at community water systems.
(5)
The director shall provide information and technical resources to a community water 
system completing a security plan described in Subsection 
(2)
.
Section 3, Section 
63G-2-305
 is amended to read:
63G-2-305 (Effective 05/07/25). 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 Health and 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)
a research request from a legislator to a legislative staff member and research findings 
prepared in response to the request;
(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 contained in the statewide database of the Division of Aging and Adult 
Services created by Section 
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title 80, 
Chapter 2, Child Welfare 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, Secondhand 
Merchandise, and Catalytic Converter 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 
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related 
to a complaint regarding a provider, program, or facility which the department is 
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health 
and Human Services from an anonymous complainant regarding a provider, program, 
or facility;
(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, in relation to 
whether a judge meets or exceeds minimum performance standards under Subsection 
78A-12-203
(4), and 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 and Human Services, to discover 
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division 
of 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)
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 
26B-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;
(65)
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;
(66)
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;
(67)
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;
(68)
work papers as defined in Section 
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency 
under Section 
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section 
31A-37-201
;
(71)
a record described in Section 
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(73)
a record described in Section 
72-16-306
 that relates to the reporting of an injury 
involving an amusement ride;
(74)
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 - Special Districts;
(d)
Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e)
Title 20A, Election Code;
(75)
except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in a 
voter registration record;
(76)
except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a signature 
described in Subsection (74) or (75), in the custody of the lieutenant governor or a local 
political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(77)
a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5, 
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section 
31A-48-103
;
(79)
personal information, as defined in Section 
63G-26-102
, to the extent disclosure is 
prohibited under Section 
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail, 
unless:
(a)
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;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an 
individual or to public safety and releasing or disseminating the image will assist 
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant 
to a criminal investigation or criminal proceeding for the purpose of identifying or 
locating an individual in connection with the criminal investigation or criminal 
proceeding;
(c)
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; or
(d)
the image is displayed to a person who is permitted to view the image under Section 
17-22-30
.
;
(81)
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;
(82)
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 (82) 
may not be used to restrict access to a record evidencing a final contract or approval 
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section 
63G-2-106
, a record detailing tools or processes the 
drinking water or wastewater facility uses to secure, or prohibit access to, the records 
described in Subsection (83)(a);
 and
(c)
any record related to a security plan or incident report described in Section 
19-4-116
;
(84)
a statement that an employee of a governmental entity provides to the governmental 
entity as part of the governmental entity's personnel or administrative investigation into 
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including 
possible termination of employment, for the employee's refusal to provide the 
statement; and
(b)
provides the employee assurance that the statement cannot be used against the 
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section 
53F-6-402
 or other information identifying a scholarship student as defined in Section 
53F-6-401
; 
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a 
person concerning the claim, including a representative from another state or the 
federal government; 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 
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms 
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal 
government in negotiations regarding the use of water in the Great Salt Lake;
 and
(87)
a consumer complaint described in Section 
13-2-11
, unless the consumer complaint is 
reclassified as public as described in Subsection 
13-2-11
(4)
.
;
(88)
a record of the Utah water agent, appointed under Section 
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a 
representative from another state, a tribe, the federal government, or other 
government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent; 
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions 
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other 
government entity in negotiations regarding the use of water.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-12-25 1:05 PM