Utah 2023 Regular Session

Utah House Bill HB0443 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 443
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: R.H. Rees 6
4	4	6 02-10-23 3:22 PM 6
5	5	H.B. 443
6	6	1 GOVERNMENT RECORDS OMBUDSMAN AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Anthony E. Loubet
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill modifies provisions relating to government records.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <modifies a provision relating to government records ombudsman mediation of
18	18	13disputes between requesters and responders;
19	19	14 <requires the government records ombudsman to certify the conclusion of certain
20	20	15mediations;
21	21	16 <requires a notice of access denial to include a statement relating to the requester's
22	22	17right to request mediation; and
23	23	18 <suspends a requester's time to file a notice of appeal for a specified period of time if
24	24	19the requester has requested mediation.
25	25	20Money Appropriated in this Bill:
26	26	21 None
27	27	22Other Special Clauses:
28	28	23 None
29	29	24Utah Code Sections Affected:
30	30	25AMENDS:
31	31	26 63A-12-111, as last amended by Laws of Utah 2019, Chapter 254
32	32	27 63G-2-203, as last amended by Laws of Utah 2022, Chapter 128
33	33	HB0443 H.B. 443 02-10-23 3:22 PM
34	34	- 2 -
35	35	28 63G-2-205, as renumbered and amended by Laws of Utah 2008, Chapter 382
36	36	29 63G-2-401, as last amended by Laws of Utah 2019, Chapters 254 and 334
37	37	30 63G-2-403, as last amended by Laws of Utah 2019, Chapter 254
38	38	31
39	39	32Be it enacted by the Legislature of the state of Utah:
40	40	33 Section 1. Section 63A-12-111 is amended to read:
41	41	34 63A-12-111. Government records ombudsman.
42	42	35 (1) (a) The director of the division shall appoint a government records ombudsman.
43	43	36 (b) The government records ombudsman may not be a member of the State Records
44	44	37Committee created in Section 63G-2-501.
45	45	38 (2) The government records ombudsman shall:
46	46	39 (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
47	47	40Access and Management Act;
48	48	41 (b) serve as a resource for a person who is making or responding to a records request or
49	49	42filing an appeal relating to a records request;
50	50	43 [(c) upon request, attempt to mediate disputes between requestors and responders; and]
51	51	44 (c) upon a request from a requester or responder, and with the consent of both the
52	52	45requester and responder, mediate a dispute between a requester and responder, including a
53	53	46dispute between a requester and a governmental entity regarding the governmental entity's
54	54	47access denial, as defined in Section 63G-2-400.5; and
55	55	48 (d) on an annual basis, electronically transmit a written report to the Government
56	56	49Operations Interim Committee on the work performed by the government records ombudsman
57	57	50during the previous year.
58	58	51 (3) The government records ombudsman may not testify, or be compelled to testify,
59	59	52before the State Records Committee created in Section 63G-2-501, another administrative
60	60	53body, or a court regarding a matter that the government records ombudsman provided services
61	61	54in relation to under this section.
62	62	55 (4) Upon the conclusion of a mediation under Subsection (2)(c) or when the
63	63	56government records ombudsman concludes that the required consent for the mediation is
64	64	57lacking, the government records ombudsman shall:
65	65	58 (a) certify in writing that the mediation: 02-10-23 3:22 PM H.B. 443
66	66	- 3 -
67	67	59 (i) did not take place because of a lack of the required consent; or
68	68	60 (ii) is concluded; and
69	69	61 (b) provide a copy of the written certification to the requester and the responder.
70	70	62 Section 2. Section 63G-2-203 is amended to read:
71	71	63 63G-2-203. Fees.
72	72	64 (1) (a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
73	73	65cover the governmental entity's actual cost of providing a record.
74	74	66 (b) A fee under Subsection (1)(a) shall be approved by the governmental entity's
75	75	67executive officer.
76	76	68 (2) (a) When a governmental entity compiles a record in a form other than that
77	77	69normally maintained by the governmental entity, the actual costs under this section may include
78	78	70the following:
79	79	71 (i) the cost of staff time for compiling, formatting, manipulating, packaging,
80	80	72summarizing, or tailoring the record either into an organization or media to meet the person's
81	81	73request;
82	82	74 (ii) the cost of staff time for search, retrieval, and other direct administrative costs for
83	83	75complying with a request; and
84	84	76 (iii) in the case of fees for a record that is the result of computer output other than word
85	85	77processing, the actual incremental cost of providing the electronic services and products
86	86	78together with a reasonable portion of the costs associated with formatting or interfacing the
87	87	79information for particular users, and the administrative costs as set forth in Subsections
88	88	80(2)(a)(i) and (ii).
89	89	81 (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
90	90	82paid employee who, in the discretion of the custodian of records, has the necessary skill and
91	91	83training to perform the request.
92	92	84 (3) (a) Fees shall be established as provided in this Subsection (3).
93	93	85 (b) A governmental entity with fees established by the Legislature:
94	94	86 (i) shall establish the fees defined in Subsection (2), or other actual costs associated
95	95	87with this section through the budget process; and
96	96	88 (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
97	97	89establishes fees through the budget process. H.B. 443 02-10-23 3:22 PM
98	98	- 4 -
99	99	90 (c) Political subdivisions shall establish fees by ordinance or written formal policy
100	100	91adopted by the governing body.
101	101	92 (d) The judiciary shall establish fees by rules of the judicial council.
102	102	93 (4) A governmental entity may fulfill a record request without charge and is
103	103	94encouraged to do so if it determines that:
104	104	95 (a) releasing the record primarily benefits the public rather than a person;
105	105	96 (b) the individual requesting the record is the subject of the record, or an individual
106	106	97specified in Subsection 63G-2-202(1) or (2); or
107	107	98 (c) the requester's legal rights are directly implicated by the information in the record,
108	108	99and the requester is impecunious.
109	109	100 (5) (a) As used in this Subsection (5), "media representative":
110	110	101 (i) means a person who requests a record to obtain information for a story or report for
111	111	102publication or broadcast to the general public; and
112	112	103 (ii) does not include a person who requests a record to obtain information for a blog,
113	113	104podcast, social media account, or other means of mass communication generally available to a
114	114	105member of the public.
115	115	106 (b) A governmental entity may not charge a fee for:
116	116	107 (i) reviewing a record to determine whether it is subject to disclosure, except as
117	117	108permitted by Subsection (2)(a)(ii);
118	118	109 (ii) inspecting a record; or
119	119	110 (iii) the first quarter hour of staff time spent in responding to a request under Section
120	120	11163G-2-204.
121	121	112 (c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from
122	122	113charging a fee for the first quarter hour of staff time spent in responding to a request under
123	123	114Section 63G-2-204 if the person who submits the request:
124	124	115 (i) is not a Utah media representative; and
125	125	116 (ii) previously submitted a separate request within the 10-day period immediately
126	126	117before the date of the request to which the governmental entity is responding.
127	127	118 (6) (a) A person who believes that there has been an unreasonable denial of a fee
128	128	119waiver under Subsection (4) may:
129	129	120 (i) seek mediation of the fee dispute under Subsection 63A-12-111(2)(c); and 02-10-23 3:22 PM H.B. 443
130	130	- 5 -
131	131	121 (ii) appeal the denial in the same manner as a person appeals when inspection of a
132	132	122public record is denied under Section 63G-2-205.
133	133	123 (b) The adjudicative body hearing [the] an appeal under Subsection (6)(a)(ii):
134	134	124 (i) shall review the fee waiver de novo, but shall review and consider the governmental
135	135	125entity's denial of the fee waiver and any determination under Subsection (4); and
136	136	126 (ii) has the same authority when a fee waiver or reduction is denied as it has when the
137	137	127inspection of a public record is denied.
138	138	128 (7) (a) All fees received under this section by a governmental entity subject to
139	139	129Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
140	140	130 (b) Those funds shall be used to recover the actual cost and expenses incurred by the
141	141	131governmental entity in providing the requested record or record series.
142	142	132 (8) (a) A governmental entity may require payment of past fees and future estimated
143	143	133fees before beginning to process a request if:
144	144	134 (i) fees are expected to exceed $50; or
145	145	135 (ii) the requester has not paid fees from previous requests.
146	146	136 (b) Any prepaid amount in excess of fees due shall be returned to the requester.
147	147	137 (9) This section does not alter, repeal, or reduce fees established by other statutes or
148	148	138legislative acts.
149	149	139 (10) (a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be
150	150	140set as provided in this Subsection (10).
151	151	141 (b) The lieutenant governor shall:
152	152	142 (i) after consultation with county clerks, establish uniform fees for voter registration
153	153	143and voter history records that meet the requirements of this section; and
154	154	144 (ii) obtain legislative approval of those fees by following the procedures and
155	155	145requirements of Section 63J-1-504.
156	156	146 Section 3. Section 63G-2-205 is amended to read:
157	157	147 63G-2-205. Denials.
158	158	148 (1) If [the] a governmental entity denies [the] a record request, in whole or part, [it] the
159	159	149governmental entity shall provide a notice of denial to the requester either in person or by
160	160	150sending the notice to the requester's address.
161	161	151 (2) The notice of denial shall contain the following information: H.B. 443 02-10-23 3:22 PM
162	162	- 6 -
163	163	152 (a) a description of the record or portions of the record to which access was denied,
164	164	153provided that the description does not disclose private, controlled, or protected information or
165	165	154information exempt from disclosure under Subsection 63G-2-201(3)(b);
166	166	155 (b) citations to the provisions of this chapter, court rule or order, another state statute,
167	167	156federal statute, or federal regulation that exempt the record or portions of the record from
168	168	157disclosure, provided that the citations do not disclose private, controlled, or protected
169	169	158information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
170	170	159 (c) (i) a statement that the requester has the right to appeal the denial to the chief
171	171	160administrative officer of the governmental entity; and
172	172	161 [(d)] (ii) the time limits for filing an appeal, and the name and business address of the
173	173	162chief administrative officer of the governmental entity[.]; and
174	174	163 (d) a statement that the requester has a right under Section 63A-12-111 to request the
175	175	164government records ombudsman to mediate the dispute between the requester and the
176	176	165governmental entity.
177	177	166 (3) Unless otherwise required by a court or agency of competent jurisdiction, a
178	178	167governmental entity may not destroy or give up custody of any record to which access was
179	179	168denied until the period for an appeal has expired or the end of the appeals process, including
180	180	169judicial appeal.
181	181	170 Section 4. Section 63G-2-401 is amended to read:
182	182	171 63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
183	183	172appeal.
184	184	173 (1) (a) A requester or interested party may appeal an access denial or the denial of a fee
185	185	174waiver under Subsection 63G-2-203(4) to the chief administrative officer of the governmental
186	186	175entity by filing a notice of appeal with the chief administrative officer within 30 days after:
187	187	176 (i) for an access denial:
188	188	177 (A) the governmental entity sends a notice of denial under Section 63G-2-205, if the
189	189	178governmental entity denies a record request under Subsection 63G-2-205(1); or
190	190	179 [(ii)] (B) the record request is considered denied under Subsection 63G-2-204(9), if
191	191	180that subsection applies[.]; or
192	192	181 (ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
193	193	182that the fee waiver is denied. 02-10-23 3:22 PM H.B. 443
194	194	- 7 -
195	195	183 (b) The time for a requester to file a notice of appeal under Subsection (1)(a) is
196	196	184suspended for the period of time that:
197	197	185 (i) begins the date the requester submits a request under Section 63A-12-111 for the
198	198	186government records ombudsman to mediate the dispute between the requester and the
199	199	187governmental entity; and
200	200	188 (ii) ends the earliest of the following dates:
201	201	189 (A) the date that the government records ombudsman certifies in writing that the
202	202	190mediation did not occur because of a lack of consent to the mediation;
203	203	191 (B) the date that the government records ombudsman certifies in writing that the
204	204	192mediation is concluded; and
205	205	193 (C) the date that is 30 days after the date described in Subsection (1)(b)(i).
206	206	194 [(b)] (c) If a governmental entity claims extraordinary circumstances and specifies the
207	207	195date when the records will be available under Subsection 63G-2-204(4), and, if the requester
208	208	196believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
209	209	197the requester may appeal the governmental entity's claim of extraordinary circumstances or date
210	210	198for compliance to the chief administrative officer by filing a notice of appeal with the chief
211	211	199administrative officer within 30 days after notification of a claim of extraordinary
212	212	200circumstances by the governmental entity, despite the lack of a "determination" or its
213	213	201equivalent under Subsection 63G-2-204(9).
214	214	202 (2) A notice of appeal shall contain:
215	215	203 (a) the name, mailing address, and daytime telephone number of the requester or
216	216	204interested party; and
217	217	205 (b) the relief sought.
218	218	206 (3) The requester or interested party may file a short statement of facts, reasons, and
219	219	207legal authority in support of the appeal.
220	220	208 (4) (a) If the appeal involves a record that is the subject of a business confidentiality
221	221	209claim under Section 63G-2-309, the chief administrative officer shall:
222	222	210 (i) send notice of the appeal to the business confidentiality claimant within three
223	223	211business days after receiving notice, except that if notice under this section must be given to
224	224	212more than 35 persons, it shall be given as soon as reasonably possible; and
225	225	213 (ii) send notice of the business confidentiality claim and the schedule for the chief H.B. 443 02-10-23 3:22 PM
226	226	- 8 -
227	227	214administrative officer's determination to the requester or interested party within three business
228	228	215days after receiving notice of the appeal.
229	229	216 (b) The business confidentiality claimant shall have seven business days after notice is
230	230	217sent by the administrative officer to submit further support for the claim of business
231	231	218confidentiality.
232	232	219 (5) (a) The chief administrative officer shall make a decision on the appeal within:
233	233	220 (i) (A) 10 business days after the chief administrative officer's receipt of the notice of
234	234	221appeal; or
235	235	222 (B) five business days after the chief administrative officer's receipt of the notice of
236	236	223appeal, if the requester or interested party demonstrates that an expedited decision benefits the
237	237	224public rather than the requester or interested party; or
238	238	225 (ii) 12 business days after the governmental entity sends the notice of appeal to a person
239	239	226who submitted a claim of business confidentiality.
240	240	227 (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
241	241	228access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
242	242	229decision affirming the access denial.
243	243	230 (ii) If the chief administrative officer fails to make a decision on an appeal under
244	244	231Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
245	245	232a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
246	246	233specified when the records will be available.
247	247	234 (c) The provisions of this section notwithstanding, the parties participating in the
248	248	235proceeding may, by agreement, extend the time periods specified in this section.
249	249	236 (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
250	250	237upon consideration and weighing of the various interests and public policies pertinent to the
251	251	238classification and disclosure or nondisclosure, order the disclosure of information properly
252	252	239classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
253	253	240the interests favoring access are greater than or equal to the interests favoring restriction of
254	254	241access.
255	255	242 (7) (a) The governmental entity shall send written notice of the chief administrative
256	256	243officer's decision to all participants.
257	257	244 (b) If the chief administrative officer's decision is to affirm the access denial in whole 02-10-23 3:22 PM H.B. 443
258	258	- 9 -
259	259	245or in part, the notice under Subsection (7)(a) shall include:
260	260	246 (i) a statement that the requester or interested party has the right to appeal the decision,
261	261	247as provided in Section 63G-2-402, to:
262	262	248 (A) the State Records Committee or district court; or
263	263	249 (B) the local appeals board, if the governmental entity is a political subdivision and the
264	264	250governmental entity has established a local appeals board;
265	265	251 (ii) the time limits for filing an appeal; and
266	266	252 (iii) the name and business address of:
267	267	253 (A) the executive secretary of the State Records Committee; and
268	268	254 (B) the individual designated as the contact individual for the appeals board, if the
269	269	255governmental entity is a political subdivision that has established an appeals board under
270	270	256Subsection 63G-2-701(5)(c).
271	271	257 (8) A person aggrieved by a governmental entity's classification or designation
272	272	258determination under this chapter, but who is not requesting access to the records, may appeal
273	273	259that determination using the procedures provided in this section. If a nonrequester is the only
274	274	260appellant, the procedures provided in this section shall apply, except that the decision on the
275	275	261appeal shall be made within 30 days after receiving the notice of appeal.
276	276	262 (9) The duties of the chief administrative officer under this section may be delegated.
277	277	263 Section 5. Section 63G-2-403 is amended to read:
278	278	264 63G-2-403. Appeals to the State Records Committee.
279	279	265 (1) (a) A records committee appellant appeals to the State Records Committee by filing
280	280	266a notice of appeal with the executive secretary of the State Records Committee no later than 30
281	281	267days after the date of issuance of the decision being appealed.
282	282	268 (b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
283	283	269executive secretary of the State Records Committee no later than 45 days after the day on
284	284	270which the record request is made if:
285	285	271 (i) the circumstances described in Subsection 63G-2-401(1)[(b)](c) occur; and
286	286	272 (ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
287	287	273 (2) The notice of appeal shall:
288	288	274 (a) contain the name, mailing address, and daytime telephone number of the records
289	289	275committee appellant; H.B. 443 02-10-23 3:22 PM
290	290	- 10 -
291	291	276 (b) be accompanied by a copy of the decision being appealed; and
292	292	277 (c) state the relief sought.
293	293	278 (3) The records committee appellant:
294	294	279 (a) shall, on the day on which the notice of appeal is filed with the State Records
295	295	280Committee, serve a copy of the notice of appeal on:
296	296	281 (i) the governmental entity whose access denial is the subject of the appeal, if the
297	297	282records committee appellant is a requester or interested party; or
298	298	283 (ii) the requester or interested party who is a party to the local appeals board
299	299	284proceeding that resulted in the decision that the political subdivision is appealing to the
300	300	285committee, if the records committee appellant is a political subdivision; and
301	301	286 (b) may file a short statement of facts, reasons, and legal authority in support of the
302	302	287appeal.
303	303	288 (4) (a) Except as provided in Subsections (4)(b) and (c), no later than seven business
304	304	289days after receiving a notice of appeal, the executive secretary of the State Records Committee
305	305	290shall:
306	306	291 (i) schedule a hearing for the State Records Committee to discuss the appeal at the next
307	307	292regularly scheduled committee meeting falling at least 16 days after the date the notice of
308	308	293appeal is filed but no longer than 64 calendar days after the date the notice of appeal was filed
309	309	294except that the committee may schedule an expedited hearing upon application of the records
310	310	295committee appellant and good cause shown;
311	311	296 (ii) send a copy of the notice of hearing to the records committee appellant; and
312	312	297 (iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
313	313	298to:
314	314	299 (A) each member of the State Records Committee;
315	315	300 (B) the records officer and the chief administrative officer of the governmental entity
316	316	301whose access denial is the subject of the appeal, if the records committee appellant is a
317	317	302requester or interested party;
318	318	303 (C) any person who made a business confidentiality claim under Section 63G-2-309 for
319	319	304a record that is the subject of the appeal; and
320	320	305 (D) all persons who participated in the proceedings before the governmental entity's
321	321	306chief administrative officer, if the appeal is of the chief administrative officer's decision 02-10-23 3:22 PM H.B. 443
322	322	- 11 -
323	323	307affirming an access denial.
324	324	308 (b) (i) The executive secretary of the State Records Committee may decline to schedule
325	325	309a hearing if the record series that is the subject of the appeal has been found by the committee
326	326	310in a previous hearing involving the same governmental entity to be appropriately classified as
327	327	311private, controlled, or protected.
328	328	312 (ii) (A) If the executive secretary of the State Records Committee declines to schedule
329	329	313a hearing, the executive secretary shall send a notice to the records committee appellant
330	330	314indicating that the request for hearing has been denied and the reason for the denial.
331	331	315 (B) The State Records Committee shall make rules to implement this section as
332	332	316provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
333	333	317 (c) The executive secretary of the State Records Committee may schedule a hearing on
334	334	318an appeal to the State Records Committee at a regularly scheduled State Records Committee
335	335	319meeting that is later than the period described in Subsection (4)(a)(i) if that committee meeting
336	336	320is the first regularly scheduled State Records Committee meeting at which there are fewer than
337	337	32110 appeals scheduled to be heard.
338	338	322 (5) (a) No later than five business days before the hearing, a governmental entity shall
339	339	323submit to the executive secretary of the State Records Committee a written statement of facts,
340	340	324reasons, and legal authority in support of the governmental entity's position.
341	341	325 (b) The governmental entity shall send a copy of the written statement by first class
342	342	326mail, postage prepaid, to the requester or interested party involved in the appeal. The executive
343	343	327secretary shall forward a copy of the written statement to each member of the State Records
344	344	328Committee.
345	345	329 (6) (a) No later than 10 business days after the day on which the executive secretary
346	346	330sends the notice of appeal, a person whose legal interests may be substantially affected by the
347	347	331proceeding may file a request for intervention with the State Records Committee.
348	348	332 (b) Any written statement of facts, reasons, and legal authority in support of the
349	349	333intervener's position shall be filed with the request for intervention.
350	350	334 (c) The person seeking intervention shall provide copies of the statement described in
351	351	335Subsection (6)(b) to all parties to the proceedings before the State Records Committee.
352	352	336 (7) The State Records Committee shall hold a hearing within the period of time
353	353	337described in Subsection (4). H.B. 443 02-10-23 3:22 PM
354	354	- 12 -
355	355	338 (8) At the hearing, the State Records Committee shall allow the parties to testify,
356	356	339present evidence, and comment on the issues. The committee may allow other interested
357	357	340persons to comment on the issues.
358	358	341 (9) (a) (i) The State Records Committee:
359	359	342 (A) may review the disputed records; and
360	360	343 (B) shall review the disputed records, if the committee is weighing the various interests
361	361	344under Subsection (11).
362	362	345 (ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
363	363	346 (b) Members of the State Records Committee may not disclose any information or
364	364	347record reviewed by the committee in camera unless the disclosure is otherwise authorized by
365	365	348this chapter.
366	366	349 (10) (a) Discovery is prohibited, but the State Records Committee may issue subpoenas
367	367	350or other orders to compel production of necessary evidence.
368	368	351 (b) When the subject of a State Records Committee subpoena disobeys or fails to
369	369	352comply with the subpoena, the committee may file a motion for an order to compel obedience
370	370	353to the subpoena with the district court.
371	371	354 (c) (i) The State Records Committee's review shall be de novo, if the appeal is an
372	372	355appeal from a decision of a chief administrative officer:
373	373	356 (A) issued under Section 63G-2-401; or
374	374	357 (B) issued by a chief administrative officer of a political subdivision that has not
375	375	358established a local appeals board.
376	376	359 (ii) For an appeal from a decision of a local appeals board, the State Records
377	377	360Committee shall review and consider the decision of the local appeals board.
378	378	361 (11) (a) No later than seven business days after the hearing, the State Records
379	379	362Committee shall issue a signed order:
380	380	363 (i) granting the relief sought, in whole or in part; or
381	381	364 (ii) upholding the governmental entity's access denial, in whole or in part.
382	382	365 (b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
383	383	366consideration and weighing of the various interests and public policies pertinent to the
384	384	367classification and disclosure or nondisclosure, order the disclosure of information properly
385	385	368classified as private, controlled, or protected if the public interest favoring access is greater 02-10-23 3:22 PM H.B. 443
386	386	- 13 -
387	387	369than or equal to the interest favoring restriction of access.
388	388	370 (c) In making a determination under Subsection (11)(b), the State Records Committee
389	389	371shall consider and, where appropriate, limit the requester's or interested party's use and further
390	390	372disclosure of the record in order to protect:
391	391	373 (i) privacy interests in the case of a private or controlled record;
392	392	374 (ii) business confidentiality interests in the case of a record protected under Subsection
393	393	37563G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
394	394	376 (iii) privacy interests or the public interest in the case of other protected records.
395	395	377 (12) The order of the State Records Committee shall include:
396	396	378 (a) a statement of reasons for the decision, including citations to this chapter, court rule
397	397	379or order, another state statute, federal statute, or federal regulation that governs disclosure of
398	398	380the record, if the citations do not disclose private, controlled, or protected information;
399	399	381 (b) a description of the record or portions of the record to which access was ordered or
400	400	382denied, if the description does not disclose private, controlled, or protected information or
401	401	383information exempt from disclosure under Subsection 63G-2-201(3)(b);
402	402	384 (c) a statement that any party to the proceeding before the State Records Committee
403	403	385may appeal the committee's decision to district court; and
404	404	386 (d) a brief summary of the appeals process, the time limits for filing an appeal, and a
405	405	387notice that in order to protect its rights on appeal, the party may wish to seek advice from an
406	406	388attorney.
407	407	389 (13) If the State Records Committee fails to issue a decision within 73 calendar days of
408	408	390the filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A
409	409	391records committee appellant shall notify the State Records Committee in writing if the records
410	410	392committee appellant considers the appeal denied.
411	411	393 (14) A party to a proceeding before the State Records Committee may seek judicial
412	412	394review in district court of a State Records Committee order by filing a petition for review of the
413	413	395order as provided in Section 63G-2-404.
414	414	396 (15) (a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party
415	415	397to the proceeding shall comply with the order of the State Records Committee.
416	416	398 (b) If a party disagrees with the order of the State Records Committee, that party may
417	417	399file a notice of intent to appeal the order. H.B. 443 02-10-23 3:22 PM
418	418	- 14 -
419	419	400 (c) If the State Records Committee orders the governmental entity to produce a record
420	420	401and no appeal is filed, or if, as a result of the appeal, the governmental entity is required to
421	421	402produce a record, the governmental entity shall:
422	422	403 (i) produce the record; and
423	423	404 (ii) file a notice of compliance with the committee.
424	424	405 (d) (i) If the governmental entity that is ordered to produce a record fails to file a notice
425	425	406of compliance or a notice of intent to appeal, the State Records Committee may do either or
426	426	407both of the following:
427	427	408 (A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
428	428	409 (B) send written notice of the governmental entity's noncompliance to the governor.
429	429	410 (ii) In imposing a civil penalty, the State Records Committee shall consider the gravity
430	430	411and circumstances of the violation, including whether the failure to comply was due to neglect
431	431	412or was willful or intentional.