02-23 21:17 1st Sub. (Buff) H.B. 526
Matt MacPherson proposes the following substitute bill:
1
Government Records Access and Management Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill modifies provisions of the Government Records Access and Management Act.
6
Highlighted Provisions:
7
This bill:
8
▸ provides that the government records ombudsman shall provide resources and services
9
related to a fee dispute in relation to a records request;
10
▸ modifies provisions regulating costs chargeable by a governmental entity for employee
11
time in processing a records request under the Government Records Access and
12
Management Act;
13
▸ adds provisions to regulate the disclosure of records and fee information regarding
14
work-related contact information for an employee of a local education agency;
15
▸ requires a governmental entity to provide an itemized estimate of costs and fees expected
16
to be incurred before the governmental entity begins to process a request or requires
17
payment or deposit when fees are expected to exceed a certain amount;
18
▸ modifies provisions of the Government Records Access and Management Act to make an
19
appeal to a chief administrative officer an optional process for appealing an estimate of
20
fees that exceeds a certain amount;
21
▸ provides that a State Records Committee review of an agency access denial, fee waiver
22
denial, or fee estimate dispute is de novo;
23
▸ requires a political subdivision to permit an optional appeal of an estimate of fees that
24
exceeds a certain amount directly to the State Records Committee;
25
▸ modifies existing procedures; and
26
▸ makes conforming changes and style corrections.
27
Money Appropriated in this Bill:
28
None
1st Sub. H.B. 526 1st Sub. (Buff) H.B. 526 02-23 21:17
29
Other Special Clauses:
30
None
31
Utah Code Sections Affected:
32
AMENDS:
33
63A-12-111, as last amended by Laws of Utah 2024, Chapter 407
34
63G-2-201, as last amended by Laws of Utah 2023, Chapters 173, 516
35
63G-2-202, as last amended by Laws of Utah 2024, Chapter 288
36
63G-2-203, as last amended by Laws of Utah 2022, Chapter 128
37
63G-2-401, as last amended by Laws of Utah 2024, Chapter 407
38
63G-2-402, as last amended by Laws of Utah 2024, Chapter 407
39
63G-2-403, as last amended by Laws of Utah 2024, Chapter 407
40
63G-2-404, as last amended by Laws of Utah 2024, Chapter 407
41
63G-2-701, as last amended by Laws of Utah 2019, Chapter 254
42
43
Be it enacted by the Legislature of the state of Utah:
44
Section 1. Section 63A-12-111 is amended to read:
45
63A-12-111 . Government records ombudsman.
46
(1)(a) The director of the division shall appoint a government records ombudsman.
47
(b) The government records ombudsman may not be a member of the State Records
48
Committee created in Section 63G-2-501.
49
(2)(a) The government records ombudsman shall:
50
(i) be familiar with the provisions of Title 63G, Chapter 2, Government Records
51
Access and Management Act;
52
(ii) serve as a resource for a person who is making or responding to a records request,
53
a fee dispute in relation to a records request, or filing an appeal relating to a
54
records request;
55
(iii) upon a request from a requester or responder, and with the consent of both the
56
requester and responder, mediate a dispute between a requester and responder,
57
including a dispute between a requester and a governmental entity regarding the
58
governmental entity's access denial, as defined in Section 63G-2-400.5; and
59
(iv) on an annual basis, electronically transmit a written report to the Government
60
Operations Interim Committee on the work performed by the government records
61
ombudsman during the previous year.
62
(b)(i) Before the conclusion of a mediation under Subsection (2)(a)(iii), a requester or
- 2 - 02-23 21:17 1st Sub. (Buff) H.B. 526
63
responder may withdraw consent for the mediation.
64
(ii) If a requester or responder withdraws consent under Subsection (2)(b)(i), the
65
government records ombudsman shall certify, as provided in Subsection (4)(a)(ii),
66
that the mediation was not concluded because of a lack of the required consent.
67
(3) The government records ombudsman may not testify, or be compelled to testify, before
68
the State Records Committee created in Section 63G-2-501, another administrative
69
body, or a court regarding a matter that the government records ombudsman provided
70
services in relation to under this section.
71
(4) Upon the conclusion of a mediation under Subsection (2)(a)(iii) or upon the government
72
records ombudsman's determination that the required consent for the mediation is
73
lacking, the government records ombudsman shall:
74
(a) certify in writing that the mediation:
75
(i) is concluded; or
76
(ii) did not take place or was not concluded because of a lack of the required consent;
77
and
78
(b) provide a copy of the written certification to the requester and the responder.
79
Section 2. Section 63G-2-201 is amended to read:
80
63G-2-201 . Provisions relating to records -- Public records -- Private, controlled,
81
protected, and other restricted records -- Disclosure and nondisclosure of records --
82
Certified copy of record -- Limits on obligation to respond to record request.
83
(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public
84
record free of charge, and the right to take a copy of a public record during normal
85
working hours, subject to Sections 63G-2-203 and 63G-2-204.
86
(b) A right under Subsection (1)(a) does not apply with respect to a record:
87
(i) a copy of which the governmental entity has already provided to the person;
88
(ii) that is the subject of a records request that the governmental entity is not required
89
to fill under Subsection (7)(a)(v); or
90
(iii)(A) that is accessible only by a computer or other electronic device owned or
91
controlled by the governmental entity;
92
(B) that is part of an electronic file that also contains a record that is private,
93
controlled, or protected; and
94
(C) that the governmental entity cannot readily segregate from the part of the
95
electronic file that contains a private, controlled, or protected record.
96
(2) A record is public unless otherwise expressly provided by statute.
- 3 - 1st Sub. (Buff) H.B. 526 02-23 21:17
97
(3) The following records are not public:
98
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
99
63G-2-304, and 63G-2-305; and
100
(b) a record to which access is restricted pursuant to court rule, another state statute,
101
federal statute, or federal regulation, including records for which access is governed
102
or restricted as a condition of participation in a state or federal program or for
103
receiving state or federal funds.
104
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305
105
may be classified private, controlled, or protected.
106
(5)(a) A governmental entity may not disclose a record that is private, controlled, or
107
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c),
108
Section 63G-2-202, 63G-2-206, or 63G-2-303.
109
(b) A governmental entity may disclose a record that is private under Subsection
110
63G-2-302(2) or protected under Section 63G-2-305 to persons other than those
111
specified in Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or
112
a designee, determines that:
113
(i) there is no interest in restricting access to the record; or
114
(ii) the interests favoring access are greater than or equal to the interest favoring
115
restriction of access.
116
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
117
disclose a record that is protected under Subsection 63G-2-305(51) if:
118
(i) the head of the governmental entity, or a designee, determines that the disclosure:
119
(A) is mutually beneficial to:
120
(I) the subject of the record;
121
(II) the governmental entity; and
122
(III) the public; and
123
(B) serves a public purpose related to:
124
(I) public safety; or
125
(II) consumer protection; and
126
(ii) the person who receives the record from the governmental entity agrees not to use
127
or allow the use of the record for advertising or solicitation purposes.
128
(6) A governmental entity shall provide a person with a certified copy of a record if:
129
(a) the person requesting the record has a right to inspect it;
130
(b) the person identifies the record with reasonable specificity; and
- 4 - 02-23 21:17 1st Sub. (Buff) H.B. 526
131
(c) the person pays the lawful fees.
132
(7)(a) In response to a request, a governmental entity is not required to:
133
(i) create a record;
134
(ii) compile, format, manipulate, package, summarize, or tailor information;
135
(iii) provide a record in a particular format, medium, or program not currently
136
maintained by the governmental entity;
137
(iv) fulfill a person's records request if the request unreasonably duplicates prior
138
records requests from that person;
139
(v) fill a person's records request if:
140
(A) the record requested is:
141
(I) publicly accessible online; or
142
(II) included in a public publication or product produced by the governmental
143
entity receiving the request; and
144
(B) the governmental entity:
145
(I) specifies to the person requesting the record where the record is accessible
146
online; or
147
(II) provides the person requesting the record with the public publication or
148
product and specifies where the record can be found in the public
149
publication or product; or
150
(vi) fulfill a person's records request if:
151
(A) the person has been determined under Section 63G-2-209 to be a vexatious
152
requester;
153
(B) the State Records Committee order determining the person to be a vexatious
154
requester provides that the governmental entity is not required to fulfill a
155
request from the person for a period of time; and
156
(C) the period of time described in Subsection (7)(a)(vi)(B) has not expired.
157
(b) A governmental entity shall conduct a reasonable search for a requested record.
158
(8)(a) Although not required to do so, a governmental entity may, upon request from the
159
person who submitted the records request, compile, format, manipulate, package,
160
summarize, or tailor information or provide a record in a format, medium, or program
161
not currently maintained by the governmental entity.
162
(b) In determining whether to fulfill a request described in Subsection (8)(a), a
163
governmental entity may consider whether the governmental entity is able to fulfill
164
the request without unreasonably interfering with the governmental entity's duties
- 5 - 1st Sub. (Buff) H.B. 526 02-23 21:17
165
and responsibilities.
166
(c) A governmental entity may require a person who makes a request under Subsection
167
(8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for
168
providing the information or record as requested.
169
(9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection
170
(9)(b), a governmental entity is not required to respond to, or provide a record in
171
response to, a record request if the request is submitted by or in behalf of an
172
individual who is confined in a jail or other correctional facility following the
173
individual's conviction.
174
(b) Subsection (9)(a) does not apply to:
175
(i) the first five record requests submitted to the governmental entity by or in behalf
176
of an individual described in Subsection (9)(a) during any calendar year
177
requesting only a record that contains a specific reference to the individual; or
178
(ii) a record request that is submitted by an attorney of an individual described in
179
Subsection (9)(a).
180
(10)(a) A governmental entity may allow a person requesting more than 50 pages of
181
records to copy the records if:
182
(i) the records are contained in files that do not contain records that are exempt from
183
disclosure, or the records may be segregated to remove private, protected, or
184
controlled information from disclosure; and
185
(ii) the governmental entity provides reasonable safeguards to protect the public from
186
the potential for loss of a public record.
187
(b) If the requirements of Subsection (10)(a) are met, the governmental entity may:
188
(i) provide the requester with the facilities for copying the requested records and
189
require that the requester make the copies; or
190
(ii) allow the requester to provide the requester's own copying facilities and personnel
191
to make the copies at the governmental entity's offices and waive the fees for
192
copying the records.
193
(11)(a) A governmental entity that owns an intellectual property right and that offers the
194
intellectual property right for sale or license may control by ordinance or policy the
195
duplication and distribution of the material based on terms the governmental entity
196
considers to be in the public interest.
197
(b) Nothing in this chapter shall be construed to limit or impair the rights or protections
198
granted to the governmental entity under federal copyright or patent law as a result of
- 6 - 02-23 21:17 1st Sub. (Buff) H.B. 526
199
its ownership of the intellectual property right.
200
(12) A governmental entity may not use the physical form, electronic or otherwise, in
201
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect
202
and receive a copy of a record under this chapter.
203
(13) Subject to the requirements of Subsection (7), a governmental entity shall provide
204
access to an electronic copy of a record in lieu of providing access to its paper
205
equivalent if:
206
(a) the person making the request requests or states a preference for an electronic copy;
207
(b) the governmental entity currently maintains the record in an electronic format that is
208
reproducible and may be provided without reformatting or conversion; and
209
(c) the electronic copy of the record:
210
(i) does not disclose other records that are exempt from disclosure; or
211
(ii) may be segregated to protect private, protected, or controlled information from
212
disclosure without the undue expenditure of public resources or funds.
213
(14) In determining whether a record is properly classified as private under Subsection
214
63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
215
board, or court shall consider and weigh:
216
(a) any personal privacy interests, including those in images, that would be affected by
217
disclosure of the records in question; and
218
(b) any public interests served by disclosure.
219
(15) A request for the work-related contact information of an employee of a local education
220
agency shall be provided only according to the requirements of Section 53G-10-207.
221
Section 3. Section 63G-2-202 is amended to read:
222
63G-2-202 . Access to private, controlled, and protected documents.
223
(1) Except as provided in Subsection (11)(a), a governmental entity:
224
(a) shall, upon request, [ ]disclose a private record to:
225
(i) the subject of the record;
226
(ii) the parent or legal guardian of an unemancipated minor who is the subject of the
227
record;
228
(iii) the legal guardian of a legally incapacitated individual who is the subject of the
229
record;
230
(iv) any other individual who:
231
(A) has a power of attorney from the subject of the record;
232
(B) submits a notarized release from the subject of the record or the individual's
- 7 - 1st Sub. (Buff) H.B. 526 02-23 21:17
233
legal representative dated no more than 90 days before the date the request is
234
made; or
235
(C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
236
health care provider, as defined in Section 26B-8-501, if releasing the record or
237
information in the record is consistent with normal professional practice and
238
medical ethics; or
239
(v) any person to whom the record must be provided pursuant to:
240
(A) court order as provided in Subsection (7); or
241
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative
242
Subpoena Powers; and
243
(b) may disclose a private record described in Subsections 63G-2-302(1)(j) through (m),
244
without complying with Section 63G-2-206, to another governmental entity for a
245
purpose related to:
246
(i) voter registration; or
247
(ii) the administration of an election.
248
(2)(a) Upon request, a governmental entity shall disclose a controlled record to:
249
(i) a physician, physician assistant, psychologist, certified social worker, insurance
250
provider or producer, or a government public health agency upon submission of:
251
(A) a release from the subject of the record that is dated no more than 90 days
252
prior to the date the request is made; and
253
(B) a signed acknowledgment of the terms of disclosure of controlled information
254
as provided by Subsection (2)(b); and
255
(ii) any person to whom the record must be disclosed pursuant to:
256
(A) a court order as provided in Subsection (7); or
257
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative
258
Subpoena Powers.
259
(b) A person who receives a record from a governmental entity in accordance with
260
Subsection (2)(a)(i) may not disclose controlled information from that record to any
261
person, including the subject of the record.
262
(3) If there is more than one subject of a private or controlled record, the portion of the
263
record that pertains to another subject shall be segregated from the portion that the
264
requester is entitled to inspect.
265
(4) Upon request, and except as provided in Subsection (11)(b), a governmental entity shall
266
disclose a protected record to:
- 8 - 02-23 21:17 1st Sub. (Buff) H.B. 526
267
(a) the person that submitted the record;
268
(b) any other individual who:
269
(i) has a power of attorney from all persons, governmental entities, or political
270
subdivisions whose interests were sought to be protected by the protected
271
classification; or
272
(ii) submits a notarized release from all persons, governmental entities, or political
273
subdivisions whose interests were sought to be protected by the protected
274
classification or from their legal representatives dated no more than 90 days prior
275
to the date the request is made;
276
(c) any person to whom the record must be provided pursuant to:
277
(i) a court order as provided in Subsection (7); or
278
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
279
Powers; or
280
(d) the owner of a mobile home park, subject to the conditions of Subsection 41-1a-116
281
(5).
282
(5) Except as provided in Subsection (1)(b), a [ ]governmental entity may disclose a
283
private, controlled, or protected record to another governmental entity, political
284
subdivision, state, the United States, or a foreign government only as provided by
285
Section 63G-2-206.
286
(6) Before releasing a private, controlled, or protected record, the governmental entity shall
287
obtain evidence of the requester's identity.
288
(7) A governmental entity shall disclose a record pursuant to the terms of a court order
289
signed by a judge from a court of competent jurisdiction, provided that:
290
(a) the record deals with a matter in controversy over which the court has jurisdiction;
291
(b) the court has considered the merits of the request for access to the record;
292
(c) the court has considered and, where appropriate, limited the requester's use and
293
further disclosure of the record in order to protect:
294
(i) privacy interests in the case of private or controlled records;
295
(ii) business confidentiality interests in the case of records protected under
296
Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
297
(iii) privacy interests or the public interest in the case of other protected records;
298
(d) to the extent the record is properly classified private, controlled, or protected, the
299
interests favoring access, considering limitations thereon, are greater than or equal to
300
the interests favoring restriction of access; and
- 9 - 1st Sub. (Buff) H.B. 526 02-23 21:17
301
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
302
63G-2-201(3)(b), the court has authority independent of this chapter to order
303
disclosure.
304
(8)(a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
305
authorize disclosure of private or controlled records for research purposes if the
306
governmental entity:
307
(i) determines that the research purpose cannot reasonably be accomplished without
308
use or disclosure of the information to the researcher in individually identifiable
309
form;
310
(ii) determines that:
311
(A) the proposed research is bona fide; and
312
(B) the value of the research is greater than or equal to the infringement upon
313
personal privacy;
314
(iii)(A) requires the researcher to assure the integrity, confidentiality, and security
315
of the records; and
316
(B) requires the removal or destruction of the individual identifiers associated
317
with the records as soon as the purpose of the research project has been
318
accomplished;
319
(iv) prohibits the researcher from:
320
(A) disclosing the record in individually identifiable form, except as provided in
321
Subsection (8)(b); or
322
(B) using the record for purposes other than the research approved by the
323
governmental entity; and
324
(v) secures from the researcher a written statement of the researcher's understanding
325
of and agreement to the conditions of this Subsection (8) and the researcher's
326
understanding that violation of the terms of this Subsection (8) may subject the
327
researcher to criminal prosecution under Section 63G-2-801.
328
(b) A researcher may disclose a record in individually identifiable form if the record is
329
disclosed for the purpose of auditing or evaluating the research program and no
330
subsequent use or disclosure of the record in individually identifiable form will be
331
made by the auditor or evaluator except as provided by this section.
332
(c) A governmental entity may require indemnification as a condition of permitting
333
research under this Subsection (8).
334
(d) A governmental entity may not disclose or authorize disclosure of a private record
- 10 - 02-23 21:17 1st Sub. (Buff) H.B. 526
335
for research purposes as described in this Subsection (8) if the private record is a
336
record described in Subsection 63G-2-302(1)(w).
337
(9)(a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
338
may disclose to persons other than those specified in this section records that are:
339
(i) private under Section 63G-2-302; or
340
(ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
341
business confidentiality has been made under Section 63G-2-309.
342
(b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the
343
disclosure to persons other than those specified in this section of records that are:
344
(i) private under Section 63G-2-302;
345
(ii) controlled under Section 63G-2-304; or
346
(iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
347
business confidentiality has been made under Section 63G-2-309.
348
(c) Under Subsection 63G-2-404(7), the court may require the disclosure of records that
349
are private under Section 63G-2-302, controlled under Section 63G-2-304, or
350
protected under Section 63G-2-305 to persons other than those specified in this
351
section.
352
(10)(a) A private record described in Subsection 63G-2-302(2)(f) may only be disclosed
353
as provided in Subsection (1)(a)(v).
354
(b) A protected record described in Subsection 63G-2-305(43) may only be disclosed as
355
provided in Subsection (4)(c) or Section 26B-6-212.
356
(11)(a) A private, protected, or controlled record described in Section 26B-1-506 shall
357
be disclosed as required under:
358
(i) Subsections 26B-1-506(1)(b) and (2); and
359
(ii) Subsections 26B-1-507(1) and (6).
360
(b) A record disclosed under Subsection (11)(a) shall retain its character as private,
361
protected, or controlled.
362
Section 4. Section 63G-2-203 is amended to read:
363
63G-2-203 . Fees.
364
(1)(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
365
cover the governmental entity's actual cost of providing a record.
366
(b) A fee under Subsection (1)(a) shall be approved by the governmental entity's
367
executive officer.
368
(2)(a) When a governmental entity compiles a record in a form other than that normally
- 11 - 1st Sub. (Buff) H.B. 526 02-23 21:17
369
maintained by the governmental entity, the actual costs under this section may
370
include the following:
371
(i) the cost of staff time for compiling, formatting, manipulating, packaging,
372
summarizing, or tailoring the record either into an organization or media to meet
373
the person's request;
374
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for
375
complying with a request; and
376
(iii) in the case of fees for a record that is the result of computer output other than
377
word processing, the actual incremental cost of providing the electronic services
378
and products together with a reasonable portion of the costs associated with
379
formatting or interfacing the information for particular users, and the
380
administrative costs as set forth in Subsections (2)(a)(i) and (ii).
381
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
382
paid employee who, in the discretion of the custodian of records, has the necessary
383
skill and training to perform the request.
384
(3)(a) Fees shall be established as [provided in this Subsection (3).] follows:
385
[(b)] (i) A governmental entity with fees established by the Legislature:
386
[(i)] (A) shall establish the fees defined in Subsection (2), or other actual costs
387
associated with this section through the budget process; and
388
[(ii)] (B) may use the procedures of Section 63J-1-504 to set fees until the
389
Legislature establishes fees through the budget process.
390
[(c)] (ii) Political subdivisions shall establish fees by ordinance or written formal
391
policy adopted by the governing body.
392
[(d)] (iii) The judiciary shall establish fees by rules of the judicial council.
393
(iv) Any fee, or portion of a fee, that is charged for an employee's time incurred in the
394
production of documents, with the exception of costs charged specifically for
395
compiling a record in an alternative form as provided under Subsection (2)(a),
396
shall be charged at an hourly rate that is no greater than the actual hourly pay of
397
the employee performing the work.
398
(b) Excluding a law enforcement agency as defined in Section 50-1-102, if fees are
399
expected to exceed $50:
400
(i) a governmental entity shall provide an itemized estimate for the expected costs
401
before beginning to process a request; and
402
(ii) a governmental entity may not collect or require any fee or deposit before
- 12 - 02-23 21:17 1st Sub. (Buff) H.B. 526
403
providing the itemized estimate.
404
(c) Excluding a law enforcement agency as defined in Section 50-1-102, if fees are
405
expected to exceed $500, in addition to the requirements of Subsection (3)(b), the
406
itemized estimate shall include, for any costs expected to be charged for employee
407
work time, a listing of the job description of each employee expected to perform
408
work in processing the request, the number of hours expected to be charged on behalf
409
of each employee's work, and the hourly rate charged for each employee.
410
(4) A governmental entity may fulfill a record request without charge and is encouraged to
411
do so if it determines that:
412
(a) releasing the record primarily benefits the public rather than a person;
413
(b) the individual requesting the record is the subject of the record, or an individual
414
specified in Subsection 63G-2-202(1) or (2); or
415
(c) the requester's legal rights are directly implicated by the information in the record,
416
and the requester is impecunious.
417
(5)(a) As used in this Subsection (5), "media representative":
418
(i) means a person who requests a record to obtain information for a story or report
419
for publication or broadcast to the general public; and
420
(ii) does not include a person who requests a record to obtain information for a blog,
421
podcast, social media account, or other means of mass communication generally
422
available to a member of the public.
423
(b) A governmental entity may not charge a fee for:
424
(i) reviewing a record to determine whether it is subject to disclosure, except as
425
permitted by Subsection (2)(a)(ii);
426
(ii) inspecting a record; or
427
(iii) the first quarter hour of staff time spent in responding to a request under Section
428
63G-2-204.
429
(c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from
430
charging a fee for the first quarter hour of staff time spent in responding to a request
431
under Section 63G-2-204 if the person who submits the request:
432
(i) is not a Utah media representative; and
433
(ii) previously submitted a separate request within the 10-day period immediately
434
before the date of the request to which the governmental entity is responding.
435
(6)(a) A person who believes that there has been an unreasonable denial of a fee waiver
436
under Subsection (4) may appeal the denial in the same manner as a person appeals
- 13 - 1st Sub. (Buff) H.B. 526 02-23 21:17
437
when inspection of a public record is denied under Section 63G-2-205.
438
(b) The adjudicative body hearing the appeal:
439
(i) shall review the fee waiver de novo, but shall review and consider the
440
governmental entity's denial of the fee waiver and any determination under
441
Subsection (4); and
442
(ii) has the same authority when a fee waiver or reduction is denied as it has when the
443
inspection of a public record is denied.
444
(7)(a) All fees received under this section by a governmental entity subject to Subsection [
445
(3)(b)] (3)(a)(i) shall be retained by the governmental entity as a dedicated credit.
446
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
447
governmental entity in providing the requested record or record series.
448
(8)(a) A governmental entity may require payment of past fees and future estimated fees
449
before beginning to process a request if:
450
(i) fees are expected to exceed $50; or
451
(ii) the requester has not paid fees from previous requests.
452
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
453
(9) This section does not alter, repeal, or reduce fees established by other statutes or
454
legislative acts.
455
(10)(a) Notwithstanding Subsection [(3)(c)] (3)(a)(ii), fees for voter registration records
456
shall be set as provided in this Subsection (10).
457
(b) The lieutenant governor shall:
458
(i) after consultation with county clerks, establish uniform fees for voter registration
459
and voter history records that meet the requirements of this section; and
460
(ii) obtain legislative approval of those fees by following the procedures and
461
requirements of Section 63J-1-504.
462
(11) If fees are charged for providing a local education agency employee's work-related
463
contact information, a governmental entity shall comply with the requirements of
464
Section 53G-10-207.
465
Section 5. Section 63G-2-401 is amended to read:
466
63G-2-401 . Appeal to chief administrative officer -- Appeal of fee estimate
467
directly to records committee -- Notice of the decision of the appeal.
468
(1)(a) A requester or interested party may appeal an access denial[ or] , the denial of a fee
469
waiver under Subsection 63G-2-203(4), or an estimate of a fee amount under
470
Subsection 63G-2-203(3) to the chief administrative officer of the governmental
- 14 - 02-23 21:17 1st Sub. (Buff) H.B. 526
471
entity by filing a notice of appeal with the chief administrative officer within 30 days
472
after:
473
(i) for an access denial:
474
(A) the governmental entity sends a notice of denial under Section 63G-2-205, if
475
the governmental entity denies a record request under Subsection 63G-2-205
476
(1); or
477
(B) the record request is considered denied under Subsection 63G-2-204(9), if that
478
subsection applies; or
479
(ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
480
that the fee waiver is denied.
481
(b) If a governmental entity claims extraordinary circumstances and specifies the date
482
when the records will be available under Subsection 63G-2-204(4), and, if the
483
requester believes the extraordinary circumstances do not exist or that the date
484
specified is unreasonable, the requester may appeal the governmental entity's claim
485
of extraordinary circumstances or date for compliance to the chief administrative
486
officer by filing a notice of appeal with the chief administrative officer within 30
487
days after notification of a claim of extraordinary circumstances by the governmental
488
entity, despite the lack of a "determination" or its equivalent under Subsection
489
63G-2-204(9).
490
(c) As an alternative to the appeal permitted under Subsection (1)(a), a requester or
491
interested party may appeal the governmental entity's estimate of a fee amount under
492
Subsection 63G-2-203(3) directly to the records committee as provided under Section
493
63G-2-403 if the estimated fee amount exceeds $500.
494
(2) A notice of appeal shall contain:
495
(a) the name, mailing address, and daytime telephone number of the requester or
496
interested party; and
497
(b) the relief sought.
498
(3) The requester or interested party may file a short statement of facts, reasons, and legal
499
authority in support of the appeal.
500
(4)(a) If the appeal involves a record that is the subject of a business confidentiality
501
claim under Section 63G-2-309, the chief administrative officer shall:
502
(i) send notice of the appeal to the business confidentiality claimant within three
503
business days after receiving notice, except that if notice under this section must
504
be given to more than 35 persons, it shall be given as soon as reasonably possible;
- 15 - 1st Sub. (Buff) H.B. 526 02-23 21:17
505
and
506
(ii) send notice of the business confidentiality claim and the schedule for the chief
507
administrative officer's determination to the requester or interested party within
508
three business days after receiving notice of the appeal.
509
(b) The business confidentiality claimant shall have seven business days after notice is
510
sent by the administrative officer to submit further support for the claim of business
511
confidentiality.
512
(5)(a) The chief administrative officer shall make a decision on the appeal within:
513
(i)(A) 10 business days after the chief administrative officer's receipt of the notice
514
of appeal; or
515
(B) five business days after the chief administrative officer's receipt of the notice
516
of appeal, if the requester or interested party demonstrates that an expedited
517
decision benefits the public rather than the requester or interested party; or
518
(ii) 12 business days after the governmental entity sends the notice of appeal to a
519
person who submitted a claim of business confidentiality.
520
(b)(i) If the chief administrative officer fails to make a decision on an appeal of an
521
access denial within the time specified in Subsection (5)(a), the failure is the
522
equivalent of a decision affirming the access denial.
523
(ii) If the chief administrative officer fails to make a decision on an appeal under
524
Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the
525
equivalent of a decision affirming the claim of extraordinary circumstances or the
526
reasonableness of the date specified when the records will be available.
527
(c) The provisions of this section notwithstanding, the parties participating in the
528
proceeding may, by agreement, extend the time periods specified in this section.
529
(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
530
consideration and weighing of the various interests and public policies pertinent to the
531
classification and disclosure or nondisclosure, order the disclosure of information
532
properly classified as private under Subsection 63G-2-302(2) or protected under Section
533
63G-2-305 if the interests favoring access are greater than or equal to the interests
534
favoring restriction of access.
535
(7)(a) The governmental entity shall send written notice of the chief administrative
536
officer's decision to all participants.
537
(b) If the chief administrative officer's decision is to affirm the access denial in whole or
538
in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall
- 16 - 02-23 21:17 1st Sub. (Buff) H.B. 526
539
include:
540
(i) a statement that the requester has a right under Section 63A-12-111 to request the
541
government records ombudsman to mediate the dispute between the requester and
542
the governmental entity concerning the access denial or the fee waiver denial;
543
(ii) a statement that the requester or interested party has the right to appeal the
544
decision, as provided in Section 63G-2-402, to:
545
(A) the State Records Committee or district court; or
546
(B) the local appeals board, if the governmental entity is a political subdivision
547
and the governmental entity has established a local appeals board;
548
(iii) the time limits for filing an appeal described in Subsection (7)(b)(ii), including
549
an explanation of a suspension of the time limits, as provided in Subsections
550
63G-2-403(1)(c) and 63G-2-404(1)(b), for a requester if the requester seeks
551
mediation under Section 63A-12-111; and
552
(iv) the name and business address of:
553
(A) the executive secretary of the State Records Committee;
554
(B) the individual designated as the contact individual for the appeals board, if the
555
governmental entity is a political subdivision that has established an appeals
556
board under Subsection 63G-2-701(5)(c); and
557
(C) the government records ombudsman.
558
(8) A person aggrieved by a governmental entity's classification or designation
559
determination under this chapter, but who is not requesting access to the records, may
560
appeal that determination using the procedures provided in this section. If a
561
nonrequester is the only appellant, the procedures provided in this section shall apply,
562
except that the decision on the appeal shall be made within 30 days after receiving the
563
notice of appeal.
564
(9) The duties of the chief administrative officer under this section may be delegated.
565
Section 6. Section 63G-2-402 is amended to read:
566
63G-2-402 . Appealing a decision of a chief administrative officer.
567
(1) If the decision of the chief administrative officer of a governmental entity under Section
568
63G-2-401 is to affirm the denial of a record request[ or] , to affirm the denial of a fee
569
waiver, or to affirm the estimate of a fee amount, the requester may:
570
(a)(i) appeal the decision to the State Records Committee, as provided in Section
571
63G-2-403; or
572
(ii) petition for judicial review of the decision in district court, as provided in Section
- 17 - 1st Sub. (Buff) H.B. 526 02-23 21:17
573
63G-2-404;
574
(b) seek mediation of the access denial[ or] , fee waiver denial, or fee amount affirmation
575
under Subsection 63A-12-111(2)(c); or
576
(c) appeal the decision to the local appeals board if:
577
(i) the decision is of a chief administrative officer of a governmental entity that is a
578
political subdivision; and
579
(ii) the political subdivision has established a local appeals board.
580
(2) A requester who appeals a chief administrative officer's decision to the State Records
581
Committee or a local appeals board does not lose or waive the right to seek judicial
582
review of the decision of the State Records Committee or local appeals board.
583
(3) As provided in Section 63G-2-403, an interested party may appeal to the State Records
584
Committee a chief administrative officer's decision under Section 63G-2-401[ affirming
585
an access denial].
586
Section 7. Section 63G-2-403 is amended to read:
587
63G-2-403 . Appeals to the State Records Committee.
588
(1)(a) A records committee appellant appeals to the State Records Committee by filing a
589
notice of appeal with the executive secretary of the State Records Committee no later
590
than 30 days after the date of issuance of the decision being appealed.
591
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
592
executive secretary of the State Records Committee no later than 45 days after the
593
day on which the record request is made if:
594
(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
595
(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
596
(c) The time for a requester to file a notice of appeal under Subsection (1)(a) or (b) is
597
suspended for the period of time that:
598
(i) begins the date the requester submits a request under Section 63A-12-111 for the
599
government records ombudsman to mediate the dispute between the requester and
600
the governmental entity; and
601
(ii) ends the earlier of the following dates:
602
(A) the date that the government records ombudsman certifies in writing that the
603
mediation is concluded; or
604
(B) the date that the government records ombudsman certifies in writing that the
605
mediation did not occur or was not concluded because of a lack of the required
606
consent.
- 18 - 02-23 21:17 1st Sub. (Buff) H.B. 526
607
(2) The notice of appeal shall:
608
(a) contain the name, mailing address, and daytime telephone number of the records
609
committee appellant;
610
(b) be accompanied by a copy of the decision being appealed; and
611
(c) state the relief sought.
612
(3) The records committee appellant:
613
(a) shall, on the day on which the notice of appeal is filed with the State Records
614
Committee, serve a copy of the notice of appeal on:
615
(i) the governmental entity whose access denial[ or] , fee waiver denial, or fee amount
616
estimate is the subject of the appeal, if the records committee appellant is a
617
requester or interested party; or
618
(ii) the requester or interested party who is a party to the local appeals board
619
proceeding that resulted in the decision that the political subdivision is appealing
620
to the committee, if the records committee appellant is a political subdivision; and
621
(b) may file a short statement of facts, reasons, and legal authority in support of the
622
appeal.
623
(4)(a) Except as provided in Subsections (4)(b) and (c), no later than seven business
624
days after receiving a notice of appeal, the executive secretary of the State Records
625
Committee shall:
626
(i) schedule a hearing for the State Records Committee to discuss the appeal at the
627
next regularly scheduled committee meeting falling at least 16 days after the date
628
the notice of appeal is filed but no longer than 64 calendar days after the date the
629
notice of appeal was filed except that the committee may schedule an expedited
630
hearing upon application of the records committee appellant and good cause
631
shown;
632
(ii) send a copy of the notice of hearing to the records committee appellant; and
633
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
634
to:
635
(A) each member of the State Records Committee;
636
(B) the records officer and the chief administrative officer of the governmental
637
entity whose access denial or fee dispute is the subject of the appeal, if the
638
records committee appellant is a requester or interested party;
639
(C) any person who made a business confidentiality claim under Section
640
63G-2-309 for a record that is the subject of the appeal; and
- 19 - 1st Sub. (Buff) H.B. 526 02-23 21:17
641
(D) if the appeal is of a chief administrative officer's decision affirming an access
642
denial, all persons who participated in the proceedings before the governmental
643
entity's chief administrative officer[, if the appeal is of the chief administrative
644
officer's decision affirming an access denial].
645
(b)(i) The executive secretary of the State Records Committee may decline to
646
schedule a hearing if the record series that is the subject of the appeal has been
647
found by the committee in a previous hearing involving the same governmental
648
entity to be appropriately classified as private, controlled, or protected.
649
(ii)(A) If the executive secretary of the State Records Committee declines to
650
schedule a hearing, the executive secretary shall send a notice to the records
651
committee appellant indicating that the request for hearing has been denied and
652
the reason for the denial.
653
(B) The State Records Committee shall make rules to implement this section as
654
provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
655
(c) The executive secretary of the State Records Committee may schedule a hearing on
656
an appeal to the State Records Committee at a regularly scheduled State Records
657
Committee meeting that is later than the period described in Subsection (4)(a)(i) if
658
that committee meeting is the first regularly scheduled State Records Committee
659
meeting at which there are fewer than 10 appeals scheduled to be heard.
660
(5)(a) No later than five business days before the hearing, a governmental entity shall
661
submit to the executive secretary of the State Records Committee a written statement
662
of facts, reasons, and legal authority in support of the governmental entity's position.
663
(b) The governmental entity shall send a copy of the written statement by first class
664
mail, postage prepaid, to the requester or interested party involved in the appeal. The
665
executive secretary shall forward a copy of the written statement to each member of
666
the State Records Committee.
667
(6)(a) No later than 10 business days after the day on which the executive secretary
668
sends the notice of appeal, a person whose legal interests may be substantially
669
affected by the proceeding may file a request for intervention with the State Records
670
Committee.
671
(b) Any written statement of facts, reasons, and legal authority in support of the
672
intervener's position shall be filed with the request for intervention.
673
(c) The person seeking intervention shall provide copies of the statement described in
674
Subsection (6)(b) to all parties to the proceedings before the State Records
- 20 - 02-23 21:17 1st Sub. (Buff) H.B. 526
675
Committee.
676
(7) The State Records Committee shall hold a hearing within the period of time described in
677
Subsection (4).
678
(8) At the hearing, the State Records Committee shall allow the parties to testify, present
679
evidence, and comment on the issues. The committee may allow other interested
680
persons to comment on the issues.
681
(9)(a)(i) The State Records Committee:
682
(A) may review the disputed records; and
683
(B) shall review the disputed records, if the committee is weighing the various
684
interests under Subsection (11).
685
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
686
(b) Members of the State Records Committee may not disclose any information or
687
record reviewed by the committee in camera unless the disclosure is otherwise
688
authorized by this chapter.
689
(10)(a) Discovery is prohibited, but the State Records Committee may issue subpoenas
690
or other orders to compel production of necessary evidence.
691
(b) When the subject of a State Records Committee subpoena disobeys or fails to
692
comply with the subpoena, the committee may file a motion for an order to compel
693
obedience to the subpoena with the district court.
694
(c)(i) The State Records Committee's review shall be de novo, if the appeal is[ an
695
appeal ] :
696
(A) from an access denial, a fee waiver denial under Section 63G-2-203, or an
697
estimate of a fee amount under Subsection 63G-2-203(3); or
698
(B) from a decision of a chief administrative officer:
699
[(A)] (I) issued under Section 63G-2-401; or
700
[(B)] (II) issued by a chief administrative officer of a political subdivision that
701
has not established a local appeals board.
702
(ii) For an appeal from a decision of a local appeals board, the State Records
703
Committee shall review and consider the decision of the local appeals board.
704
(11)(a) No later than seven business days after the hearing, the State Records Committee
705
shall issue a signed order:
706
(i) granting the relief sought, in whole or in part;[ or]
707
(ii) in relation to a fee estimate dispute:
708
(A) affirming the amount of a fee estimate;
- 21 - 1st Sub. (Buff) H.B. 526 02-23 21:17
709
(B) ordering a different fee amount; or
710
(C) ordering a governmental entity to re-estimate a fee using specific fee estimate
711
procedures or guidelines, which may or may not include an order stating the
712
range of fee amounts acceptable to the State Records Committee in the matter;
713
or
714
[(ii)] (iii) upholding the governmental entity's access denial, fee waiver denial, or
715
estimate of a fee amount, in whole or in part.
716
(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
717
consideration and weighing of the various interests and public policies pertinent to
718
the classification and disclosure or nondisclosure, order the disclosure of information
719
properly classified as private, controlled, or protected if the public interest favoring
720
access is greater than or equal to the interest favoring restriction of access.
721
(c) In making a determination under Subsection (11)(b), the State Records Committee
722
shall consider and, where appropriate, limit the requester's or interested party's use
723
and further disclosure of the record in order to protect:
724
(i) privacy interests in the case of a private or controlled record;
725
(ii) business confidentiality interests in the case of a record protected under
726
Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
727
(iii) privacy interests or the public interest in the case of other protected records.
728
(12) The order of the State Records Committee shall include:
729
(a) a statement of reasons for the decision, including citations to this chapter, court rule
730
or order, another state statute, federal statute, or federal regulation that governs
731
disclosure of the record, if the citations do not disclose private, controlled, or
732
protected information;
733
(b) a description of the record or portions of the record to which access was ordered or
734
denied, if the description does not disclose private, controlled, or protected
735
information or information exempt from disclosure under Subsection 63G-2-201
736
(3)(b);
737
(c) a statement that any party to the proceeding before the State Records Committee may
738
appeal the committee's decision to district court; and
739
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
740
notice that in order to protect its rights on appeal, the party may wish to seek advice
741
from an attorney.
742
(13) If the State Records Committee fails to issue a decision within 73 calendar days of the
- 22 - 02-23 21:17 1st Sub. (Buff) H.B. 526
743
filing of the notice of appeal, that failure is the equivalent of an order denying the
744
appeal. A records committee appellant shall notify the State Records Committee in
745
writing if the records committee appellant considers the appeal denied.
746
(14) A party to a proceeding before the State Records Committee may seek judicial review
747
in district court of a State Records Committee order by filing a petition for review of the
748
order as provided in Section 63G-2-404.
749
(15)(a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party to
750
the proceeding shall comply with the order of the State Records Committee.
751
(b) If a party disagrees with the order of the State Records Committee, that party may
752
file a notice of intent to appeal the order.
753
(c) If the State Records Committee orders the governmental entity to produce a record
754
and no appeal is filed, or if, as a result of the appeal, the governmental entity is
755
required to produce a record, the governmental entity shall:
756
(i) produce the record; and
757
(ii) file a notice of compliance with the committee.
758
(d)(i) If the governmental entity that is ordered to produce a record fails to file a
759
notice of compliance or a notice of intent to appeal, the State Records Committee
760
may do either or both of the following:
761
(A) impose a civil penalty of up to $500 for each day of continuing
762
noncompliance; or
763
(B) send written notice of the governmental entity's noncompliance to the
764
governor.
765
(ii) In imposing a civil penalty, the State Records Committee shall consider the
766
gravity and circumstances of the violation, including whether the failure to
767
comply was due to neglect or was willful or intentional.
768
Section 8. Section 63G-2-404 is amended to read:
769
63G-2-404 . Judicial review.
770
(1)(a) A petition for judicial review of an order or decision, as allowed under this part, in
771
Section 63G-2-209, or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than
772
30 days after the date of the order or decision, subject to Subsection (1)(b).
773
(b) The time for a requester to file a petition for judicial review under Subsection (1)(a)
774
is suspended for the period of time that:
775
(i) begins the date the requester submits a request under Section 63A-12-111 for the
776
government records ombudsman to mediate the dispute between the requester and
- 23 - 1st Sub. (Buff) H.B. 526 02-23 21:17
777
the governmental entity; and
778
(ii) ends the earlier of the following dates:
779
(A) the date that the government records ombudsman certifies in writing that the
780
mediation is concluded; or
781
(B) the date that the government records ombudsman certifies in writing that the
782
mediation did not occur or was not concluded because of a lack of the required
783
consent.
784
(2)(a) A petition for judicial review is a complaint governed by the Utah Rules of Civil
785
Procedure and shall contain:
786
(i) the petitioner's name and mailing address;
787
(ii) a statement identifying the order or decision that the petitioner is appealing;
788
[(ii)] (iii) a copy of the State Records Committee order from which the appeal is
789
taken, if the petitioner is seeking judicial review of an order of the State Records
790
Committee;
791
[(iii)] (iv) the name and mailing address of the governmental entity that issued the
792
initial determination with a copy of that determination;
793
[(iv)] (v) a request for relief specifying the type and extent of relief requested; and
794
[(v)] (vi) a statement of the reasons why the petitioner is entitled to relief.
795
(b) Except in exceptional circumstances, a petition for judicial review may not raise an
796
issue that was not raised in the underlying appeal and order.
797
(3) If the appeal is based on the denial of access to a protected record based on a claim of
798
business confidentiality, the court shall allow the claimant of business confidentiality to
799
provide to the court the reasons for the claim of business confidentiality.
800
(4) All additional pleadings and proceedings in the district court are governed by the Utah
801
Rules of Civil Procedure.
802
(5) The district court may review the disputed records. The review shall be in camera.
803
(6)(a) The court shall:
804
(i) make the court's decision de novo, but, for a petition seeking judicial review of a
805
State Records Committee order, allow introduction of evidence presented to the
806
State Records Committee;
807
(ii) determine all questions of fact and law without a jury; and
808
(iii) decide the issue at the earliest practical opportunity.
809
(b) A court may remand a petition for judicial review to the State Records Committee if:
810
(i) the remand is to allow the State Records Committee to decide an issue that:
- 24 - 02-23 21:17 1st Sub. (Buff) H.B. 526
811
(A) involves access to a record; and
812
(B) the State Records Committee has not previously addressed in the proceeding
813
that led to the petition for judicial review; and
814
(ii) the court determines that remanding to the State Records Committee is in the best
815
interests of justice.
816
(7)(a) Except as provided in Section 63G-2-406, the court may, upon consideration and
817
weighing of the various interests and public policies pertinent to the classification
818
and disclosure or nondisclosure, order the disclosure of information properly
819
classified as private, controlled, or protected if the interest favoring access is greater
820
than or equal to the interest favoring restriction of access.
821
(b) The court shall consider and, where appropriate, limit the requester's use and further
822
disclosure of the record in order to protect privacy interests in the case of private or
823
controlled records, business confidentiality interests in the case of records protected
824
under Subsections 63G-2-305(1) and (2), and privacy interests or the public interest
825
in the case of other protected records.
826
Section 9. Section 63G-2-701 is amended to read:
827
63G-2-701 . Political subdivisions may adopt ordinances in compliance with
828
chapter -- Appeal process.
829
(1) As used in this section:
830
(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
831
(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
832
(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
833
(2)(a) Each political subdivision may adopt an ordinance or a policy applicable
834
throughout its jurisdiction relating to information practices including classification,
835
designation, access, denials, segregation, appeals, management, retention, and
836
amendment of records.
837
(b) The ordinance or policy shall comply with the criteria set forth in this section.
838
(c) If any political subdivision does not adopt and maintain an ordinance or policy, then
839
that political subdivision is subject to this chapter.
840
(d) Notwithstanding the adoption of an ordinance or policy, each political subdivision is
841
subject to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105,
842
63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and
843
63G-2-602.
844
(e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed with
- 25 - 1st Sub. (Buff) H.B. 526 02-23 21:17
845
the state archives no later than 30 days after its effective date.
846
(f) The political subdivision shall also report to the state archives all retention schedules,
847
and all designations and classifications applied to record series maintained by the
848
political subdivision.
849
(g) The report required by Subsection (2)(f) is notification to state archives of the
850
political subdivision's retention schedules, designations, and classifications. The
851
report is not subject to approval by state archives. If state archives determines that a
852
different retention schedule is needed for state purposes, state archives shall notify
853
the political subdivision of the state's retention schedule for the records and shall
854
maintain the records if requested to do so under Subsection 63A-12-105(2).
855
(3) Each ordinance or policy relating to information practices shall:
856
(a) provide standards for the classification and designation of the records of the political
857
subdivision as public, private, controlled, or protected in accordance with Part 3,
858
Classification;
859
(b) require the classification of the records of the political subdivision in accordance
860
with those standards;
861
(c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;
862
and
863
(d) provide standards for the management and retention of the records of the political
864
subdivision comparable to Section 63A-12-103.
865
(4)(a) Each ordinance or policy shall establish access criteria, procedures, and response
866
times for requests to inspect, obtain, or amend records of the political subdivision,
867
and time limits for appeals consistent with this chapter.
868
(b) In establishing response times for access requests and time limits for appeals, the
869
political subdivision may establish reasonable time frames different than those set out
870
in Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the
871
political subdivision are insufficient to meet the requirements of those sections.
872
(5)(a) A political subdivision shall establish an appeals process for persons aggrieved by
873
classification, designation, fee disputes, or access decisions.
874
(b) A political subdivision's appeals process shall include[ ] :
875
(i) a process for a requester or interested party to appeal an access denial, fee waiver
876
denial, or an estimate of a fee amount to a person designated by the political
877
subdivision as the chief administrative officer for purposes of an appeal under
878
Section 63G-2-401[.] ; and
- 26 - 02-23 21:17 1st Sub. (Buff) H.B. 526
879
(ii) a process for a requester or interested party to optionally appeal an estimate of a
880
fee amount directly to the State Records Committee if the estimated fee amount
881
exceeds $500.
882
(c)(i) A political subdivision may establish an appeals board [to decide] for the
883
purpose of hearing an appeal of a decision of[ ] :
884
(A) an access denial, fee waiver denial, or estimate of a fee amount; or
885
(B) the chief administrative officer affirming an access denial.
886
(ii) An appeals board established by a political subdivision shall be composed of
887
three members:
888
(A) one of whom shall be an employee of the political subdivision; and
889
(B) two of whom shall be members of the public who are not employed by or
890
officials of a governmental entity, at least one of whom shall have professional
891
experience with requesting or managing records.
892
(iii) If a political subdivision establishes an appeals board, any appeal of a decision of
893
a chief administrative officer shall be made to the appeals board, expect that an
894
appeal of an estimate of a fee amount may be appealed directly to the State
895
Records Committee as required by Subsection (5)(b)(ii) if the estimated fee
896
amount exceeds $500.
897
(iv) If a political subdivision does not establish an appeals board, the political
898
subdivision's appeals process shall provide for an appeal of a chief administrative
899
officer's decision to the State Records Committee, as provided in Section
900
63G-2-403.
901
(6)(a) A political subdivision or requester may appeal an appeals board decision:
902
(i) to the State Records Committee, as provided in Section 63G-2-403; or
903
(ii) by filing a petition for judicial review with the district court.
904
(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
905
conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
906
63G-2-404.
907
(c) A person who appeals an appeals board decision to the State Records Committee
908
does not lose or waive the right to seek judicial review of the decision of the State
909
Records Committee.
910
(7) Any political subdivision that adopts an ordinance or policy under Subsection (1) shall
911
forward to state archives a copy and summary description of the ordinance or policy.
912
Section 10. Effective Date.
- 27 - 1st Sub. (Buff) H.B. 526 02-23 21:17
913
This bill takes effect on May 7, 2025.
- 28 -