Public Speaking Amendments

8
53H-7-604
63G-2-305
0
Public Speaking Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kathleen A. Riebe
House Sponsor:
LONG TITLE
General Description:
This bill establishes risk assessment and security requirements for public events at an
institution of higher education (institutions).
Highlighted Provisions:
This bill:
defines terms;
requires institutions to conduct content-neutral risk assessments for public events with
outside speakers;
establishes a multi-level threat classification system;
assigns coordination responsibilities to the Department of Public Safety;
mandates security measures corresponding to assigned threat levels;
requires insurance coverage and authorizes security fees based on threat levels;
establishes an event application, approval, and appeal process;
permits event modification or cancellation based on emerging threats;
protects certain assessment records under state law while maintaining public access to key
information;
requires reporting and oversight by the Board of Higher Education and the Legislature
under certain circumstances;
mandates training and designates institutional coordinators; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-2-305
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
ENACTS:
53H-7-604
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53H-7-604
is enacted to read:
53H-7-604
. Risk assessment and security requirements for public events.
(1)
As used in this section:
(a)
"Department" means the Department of Public Safety.
(b)
"Institution" means the same as that term is defined in Section
53H-1-101
.
(c)
"Public event" means a lecture, speech, presentation, or similar gathering held on
institution property that is open to students, faculty, staff, or the general public.
(d)
"Public speaker" means an individual who is not employed by the institution and
who is invited or permitted to speak at a public event.
(e)
"Sponsoring entity" means a student organization, academic department, college, or
other institutional unit that invites or sponsors a public speaker or public event.
(f)
"Threat level" means the security risk classification assigned to a public event as
described in Subsection
(4)
using the evaluation factors described in Subsection
(3)
.
(2)
(a)
An institution shall conduct a risk assessment for any public event featuring a
public speaker before the institution approves the event.
(b)
The institution shall complete the assessment in consultation with the

d
epartment
and
the institution's campus police or security department.
(c)
The institution shall complete the assessment within 10 business days after receiving
a complete event request.
(d)
The institution shall conduct the risk assessment in a content-neutral manner and
may not assign a threat level based on the viewpoint, ideology, or political affiliation
of the speaker.
(3)
The institution shall evaluate the following factors:
(a)
credible threat assessment, including:
(i)
documented threats received by the institution, speaker, or sponsoring entity;
(ii)
intelligence reports from law enforcement agencies;
(iii)
social media threat monitoring results;
(iv)
history of violence or threats at similar events;
(v)
current threat environment assessment from the
department
; and
(vi)
active investigations or criminal activity related to the speaker or event;
(b)
historical event analysis, including:
(i)
prior security incidents involving the speaker at other venues;
(ii)
documented disruptions at previous events featuring the speaker;
(iii)
history of protests or counter-protests at similar events;
(iv)
litigation or restraining orders related to the speaker or topic; and
(v)
pattern of escalating tensions at past events;
(c)
event characteristics, including:
(i)
expected attendance size;
(ii)
venue capacity and security features;
(iii)
event duration and timing;
(iv)
public accessibility versus controlled attendance;
(v)
advance notice and publicity of the event; and
(vi)
likelihood of counter-demonstrations or opposition groups;
(d)
resource requirements, including:
(i)
the

need
for metal detectors or screening equipment;
(ii)
required law enforcement presence;
(iii)
traffic and crowd control measures;
(iv)
emergency medical services on standby; and
(v)
secure entry and exit protocols; and
(e)
vulnerability assessment, including:
(i)
venue location and perimeter security;
(ii)
proximity to public access points;
(iii)
availability of emergency exits;
(iv)
communication system capabilities; and
(v)
environmental factors affecting security.
(4)
The institution shall assign a threat level based on evaluation of the factors in
Subsection
(3)
as follows:
(a)
a level 1 threat level signifying a minimal risk is reserved for events with no
identified security concerns, including events where:
(i)
there are no credible threats or threat intelligence;
(ii)
there is no history of security incidents involving the speaker;
(iii)
the venue has adequate routine security;
(iv)
expected attendance is within normal parameters;
(v)
there are no anticipated protests or counter-demonstrations; and
(vi)
only campus police notification is required;
(b)
a level 2 threat level signifying a low risk is reserved for events with minor security
considerations, including events where:
(i)
there are no specific threats but the topic may generate interest or debate;
(ii)
there is minimal history of disruption at similar events;
(iii)
moderately sized attendance is expected in relation to the demand on the
institution's existing resources;
(iv)
there is a possibility of peaceful protest or demonstration;
(v)
the venue is adequate with minor security enhancements; and
(vi)
there is enhanced awareness but no specific threat indicators;
(c)
a level 3 threat level signifying a moderate risk is reserved for events requiring
enhanced security planning, including events where:
(i)
there are non-specific threats or concerning social media activity;
(ii)
there is documented history of disruptions at the speaker's prior events;
(iii)
large attendance is expected in relation to the demand on the institution's existing
resources or the topic is controversial as the institution determines;
(iv)
there are confirmed plans for protests or counter-protests;
(v)
the venue requires controlled access and screening; and
(vi)
either:
(A)
the
department's
assessment indicates moderate concern; or
(B)
prior incidents at similar events required law enforcement intervention;
(d)
a level 4 threat level signifying an elevated risk is reserved for events with
significant security concerns, including events where:
(i)
specific credible threats are identified by law enforcement;
(ii)
there is history of violence or arrests at the speaker's previous events;
(iii)
very large attendance is expected in relation to the demand on the institution's
existing resources;
(iv)
organized opposition groups are planning counter-activities;
(v)
the venue has security limitations requiring substantial mitigation;
(vi)
the
department's
assessment indicates an elevated threat environment; and
(vii)
there is regional or national controversy surrounding the speaker or topic as the
institution determines, including any active restraining orders or ongoing litigation
related to the event; and
(e)
a level 5 threat level signifying a severe risk is reserved for events with critical
security threats, including events where:
(i)
there are imminent, credible, specific threats of violence;
(ii)
there has been recent violence or criminal activity directly related to the speaker;
(iii)
there is extreme public controversy with potential for civil unrest;
(iv)
intelligence indicates planned disruption or violence;
(v)
there are multiple threat streams from different sources;
(vi)
t
he
department's
assessment indicates severe or imminent threat;
(vii)
the speaker is subject to active protection orders or security details;
(viii)
the event generates significant national media attention with polarization as the
institution determines; and
(ix)
law enforcement recommends highest security protocols.
(5)
The
department
shall:
(a)
provide expertise and intelligence to institutions regarding credible threat
assessments;
(b)
conduct regional and statewide threat environment analysis;
(c)
recommend best practices for event security;
(d)
coordinate with local, state, and federal law enforcement agencies;
(e)
maintain a confidential database of threat information to assist institutions in
conducting assessments; and
(f)
issue written findings regarding the credible threat level for any event an institution
assesses at level 3 or higher.
(6)
(a)
An institution shall apply standard campus security protocols for level 1 events.
(b)
An institution shall implement the following security measures for level 2 events:
(i)
enhanced campus police presence;
(ii)
event monitoring with security personnel; and
(iii)
identified emergency protocols.
(c)
In consultation with
the
department
, an institution shall implement the measures in
Subsection
(6)(b)
and the following additional security measures for level 3 events:
(i)
uniformed law enforcement presence with a minimum of two officers;
(ii)
controlled entry with attendee screening;
(iii)
a designated security coordinator; and
(iv)
a written emergency response plan.
(d)
In consultation with
the department,
an institution shall implement the measures in
Subsection
(6)(c)
and the following additional security measures for level 4 events:
(i)
in addition to the institution's campus police, enhanced law enforcement presence
with a minimum of four officers;
(ii)
metal detector screening at entry points;
(iii)
perimeter security and crowd control barriers;
(iv)
emergency medical services on standby; and
(v)
coordination with the local police department.
(e)
In direct collaboration with
the department
, an institution shall implement the
measures in Subsection
(6)(d)
and the following additional security measures for
level 5 events:
(i)
a comprehensive security plan reviewed by the
department;
(ii)
multi-agency law enforcement coordination;
(iii)
advanced threat monitoring and intelligence gathering;
(iv)
restricted public access with a pre-registration requirement;
(v)
counter-sniper or elevated surveillance positions if the venue permits; and
(vi)
clearly marked evacuation routes and shelter-in-place protocols.
(7)
(a)
A sponsoring entity shall obtain and maintain general liability insurance coverage
in the following minimum amounts based on the assigned threat level:
(i)
level 1, no additional insurance required beyond the institution's general liability
policy;
(ii)
level 2, $500,000;
(iii)
level 3, $1,000,000;
(iv)
level 4, $2,000,000; and
(v)
level 5, $5,000,000.
(b)
For events at level 3 or higher, the institution may require the sponsoring entity to
obtain additional special event insurance covering property damage, bodily injury,
personal injury claims, host liquor liability if applicable, and non-owned and hired
auto liability.
(c)
The sponsoring entity shall provide proof of insurance to the institution at least five
business days before the event.
(d)
The sponsoring entity shall name the institution and the board as additional insureds
on all policies required under this subsection.
(e)
In consultation with the Division of Risk Management, the institution may assist the
sponsoring entity in procuring insurance through institutional brokers or approved
vendors.
(8)
(a)
An institution may assess the sponsoring entity with security fees to offset the
costs of required security measures according to the following schedule:
(i)
level 1, $0;
(ii)
level 2, up to $500;
(iii)
level 3, $1,000 to $5,000;
(iv)
level 4, $5,000 to $15,000; and
(v)
level 5, $15,000 to $50,000.
(b)
The institution shall base security fees on documented security costs, including:
(i)
law enforcement officer hours at prevailing overtime rates;
(ii)
equipment rental for metal detectors, barriers, and communication devices;
(iii)
additional security personnel;
(iv)
emergency medical services;
(v)
facility modifications or preparations; and
(vi)
administrative costs not to exceed 10% of direct security costs.
(c)
The institution shall provide an itemized estimate of security costs to the sponsoring
entity within five business days after completing the risk assessment.
(d)
The institution president may waive or reduce security fees if:
(i)
the sponsoring entity demonstrates an inability to pay;
(ii)
the event is sponsored by an academic department for educational purposes; or
(iii)
a waiver serves the educational mission of the institution.
(e)
The institution shall apply any fee waiver in a content-neutral manner and
consistently regardless of speaker viewpoint.
(9)
(a)
The sponsoring entity shall be responsible for:
(i)
security fees;
(ii)
insurance premiums; and
(iii)
additional costs associated with meeting security requirements.
(b)
If the sponsoring entity is unable to meet the obligations in Subsection
(9)(a)
, the
institution may:
(i)
deny the event request;
(ii)
agree to cover costs from institutional funds;
(iii)
negotiate a payment plan or cost-sharing arrangement; or
(iv)
seek external funding sources.
(c)
A student organization receiving institutional funding may request that the institution
pay security fees from student activity fee reserves, subject to standard allocation
procedures.
(10)
(a)
A sponsoring entity shall submit an event request at least 30 days before the
event, or 45 days before the event if the sponsoring entity anticipates a threat level of
3 or higher.
(b)
The event request shall include:
(i)
information about the public speaker including background, topic, and expected
attendance;
(ii)
the proposed venue and event logistics;
(iii)
any known security concerns or threat information; and
(iv)
acknowledgment of responsibility for fees and insurance requirements.
(c)
The institution shall notify the sponsoring entity in writing within 10 business days
after completing the risk assessment of:
(i)
the assigned threat level;
(ii)
required security measures;
(iii)
estimated security fees;
(iv)
insurance requirements; and
(v)
any additional conditions for event approval.
(d)
The sponsoring entity may accept the conditions or appeal the assessment within 10
business days after receiving the institution's notification.
(11)
(a)
A sponsoring entity may appeal a risk assessment to the institution president if:
(i)
the institution did not conduct the assessment in a content-neutral manner;
(ii)
the institution based the assessment on inaccurate information; or
(iii)
the required fees or insurance are excessive relative to documented costs.
(b)
The president shall render a decision within five business days after receiving the
appeal.
(c)
The sponsoring entity may appeal the president's decision to the board within 10
business days after receiving the president's decision.
(12)
(a)
If new threat information emerges after the institution approves an event, the
institution may:
(i)
upgrade the threat level;
(ii)
require additional security measures; or
(iii)
postpone or cancel the event if the institution cannot provide adequate security.
(b)
Before canceling an event under Subsection
(12)(a)(iii)
, the institution shall make
reasonable efforts to accommodate the event with enhanced security.
(c)
The institution shall base decisions to cancel on documented, imminent threats and
shall apply the decision in a content-neutral manner.
(13)
(a)
The institution shall classify risk assessments as protected records under Section
63G-2-305
to the extent the assessments contain:
(i)
security plans or vulnerabilities;
(ii)
intelligence from law enforcement agencies; or
(iii)
specific threat information.
(b)
The institution shall make available to the sponsoring entity the assigned threat level,
required security measures, and estimated costs, and may make this information
public in redacted form.
(c)
An institution shall submit an annual report to the board by September 1 containing:
(i)
the total number of public events assessed by threat level;
(ii)
total security fees collected and expended;
(iii)
the number of events denied, cancelled, or modified due to security concerns;
(iv)
a summary of any appeals and the outcomes of the appeals; and
(v)
recommendations for improvements to the risk assessment process.
(d)
The board shall review implementation of this section annually and shall report to
the Legislature upon request regarding the effectiveness of this section.
(e)
The board may issue guidelines or directives to ensure consistent application of this
section across institutions.
(14)
(a)
The
department
, in coordination with the board, shall:
(i)
develop training programs for institutional personnel responsible for conducting
risk assessments;
(ii)
provide ongoing threat intelligence briefings to institutions;
(iii)
establish best practices for event security planning; and
(iv)
create a statewide network for sharing threat information and lessons learned.
(b)
An institution shall designate a trained event safety coordinator responsible for:
(i)
conducting or overseeing risk assessments;
(ii)
coordinating with campus police and the department;
(iii)
advising sponsoring entities on security requirements; and
(iv)
maintaining records and preparing reports required under this section.
Section 2. Section
63G-2-305
is amended to read:
63G-2-305
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103
(4);
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated
value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of 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 of higher education defined in Section
53H-1-101
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
those policies
or courses of action
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
the records
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
the records
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 of higher education defined in Section
53H-1-101
, 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 of higher education defined in Section
53H-1-101
, 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)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence; and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required
pursuant to
in accordance with
Subsection
53H-14-202(2)(a)

or (b); and
(h)
this Subsection
(40)
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
in
accordance with
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 described in Section
53H-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
the records
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
53H-3-302
;
(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
the
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
Legislative 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
17-72-802
;
(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)
;
(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;
(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, Ch
apter
10g, Part 7, 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;
and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission
; and
.
(90)
(a)
records created or compiled by an institution of higher education, as defined in
Section
53H-1-101
, under Section
53H-7-604
, including:
(i)
risk assessments conducted in accordance with Section
53H-7-604
;
(ii)
threat intelligence reports provided by the Department of Public Safety or other
law enforcement agencies;
(iii)
security plans, protocols, or response procedures developed for specific public
events;
(iv)
vulnerability assessments of facilities or venues;
(v)
communications between the institution and law enforcement agencies regarding
specific threats or security concerns;
(vi)
details of security staffing levels, deployment locations, or tactical response
plans;
(vii)
information that could reasonably be expected to compromise security measures
or endanger public safety if disclosed; and
(viii)
specific threat information received from any source regarding a public speaker
or public event provided that:
(A)
the assigned threat level classification for an event under Section
53H-7-604

is not protected under this S
u
b
s
e
c
t
i
o
n

(90)
;
(B)
the general security measures required for each threat level under Subsection
53H-7-604(6)
are not protected under this S
ubsection
(90)
;
(C)
estimated or actual security costs associated with a specific event are not
protected under this
Subsection
(90
)
unless disclosure would reveal specific
security tactics or deployment strategies.
(b)
notwithstanding Subsection
(90)(a)
:
(i)
the institution may release records that are a redacted summary of a risk
assessment that excludes the protected information identified in this Subsection
(90)
; and
(ii)
nothing in this
Subsection
(90)

prevents disclosure of records that are statistical or
aggregate data about risk assessments as required in annual reports under Section
53H-7-604
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-7-26 11:19 AM