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Government Records Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to the Government Records Access and Management
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Act.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires a summary of government records requirements to be developed and provided to
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employees of a governmental entity;
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▸ modifies provisions relating to fees charged in relation to a record request;
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▸ modifies requirements for responding to a record request, including:
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● deadlines;
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● a request for an expedited response;
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● appeals; and
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● other requirements;
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▸ modifies provisions relating to the State Records Committee;
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▸ requires a governmental entity to conduct an annual review of records retention
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requirements and compliance with those requirements;
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▸ amends requirements for an ordinance or policy adopted by a political subdivision in
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relation to public records;
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▸ makes it a crime to destroy a record with the intent to avoid disclosure in response to a
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pending record request; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-2-104, as last amended by Laws of Utah 2023, Chapters 327, 406
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20A-11-1205, as last amended by Laws of Utah 2020, Chapter 22
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63G-2-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
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63G-2-103, as last amended by Laws of Utah 2024, Chapters 18, 465, 509, and 522
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63G-2-107, as last amended by Laws of Utah 2024, Chapters 18, 381
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63G-2-201, as last amended by Laws of Utah 2023, Chapters 173, 516
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63G-2-203, as last amended by Laws of Utah 2022, Chapter 128
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63G-2-204, as last amended by Laws of Utah 2023, Chapter 173
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63G-2-301, as last amended by Laws of Utah 2020, Chapters 255, 399
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63G-2-400.5, as last amended by Laws of Utah 2019, Chapters 254, 334
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63G-2-401, as last amended by Laws of Utah 2024, Chapter 407
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63G-2-403, as last amended by Laws of Utah 2024, Chapter 407
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63G-2-501, as last amended by Laws of Utah 2024, Chapter 529
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63G-2-502, as last amended by Laws of Utah 2019, Chapter 254
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63G-2-604, as last amended by Laws of Utah 2023, Chapters 173, 516
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63G-2-701, as last amended by Laws of Utah 2019, Chapter 254
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63G-2-801, as last amended by Laws of Utah 2019, Chapter 254
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77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
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ENACTS:
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63A-12-117, Utah Code Annotated 1953
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63G-2-605, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-2-104 is amended to read:
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20A-2-104 . Voter registration form -- Registered voter lists -- Fees for copies.
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(1) As used in this section:
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(a) "Candidate for public office" means an individual:
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(i) who files a declaration of candidacy for a public office;
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(ii) who files a notice of intent to gather signatures under Section 20A-9-408; or
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(iii) employed by, under contract with, or a volunteer of, an individual described in
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Subsection (1)(a)(i) or (ii) for political campaign purposes.
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(b) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
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the federal Violence Against Women Act of 1994, as amended.
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(c) "Domestic violence" means the same as that term is defined in Section 77-36-1 and
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the federal Violence Against Women Act of 1994, as amended.
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(d) "Hash Code" means a code generated by applying an algorithm to a set of data to
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produce a code that:
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(i) uniquely represents the set of data;
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(ii) is always the same if the same algorithm is applied to the same set of data; and
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(iii) cannot be reversed to reveal the data applied to the algorithm.
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(e) "Protected individual" means an individual:
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(i) who submits a withholding request form with the individual's voter registration
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record, or to the lieutenant governor or a county clerk, if the individual indicates
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on the form that the individual, or an individual who resides with the individual, is
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a victim of domestic violence or dating violence or is likely to be a victim of
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domestic violence or dating violence;
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(ii) who submits a withholding request form with the individual's voter registration
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record, or to the lieutenant governor or a county clerk, if the individual indicates
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on the form and provides verification that the individual, or an individual who
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resides with the individual, is a law enforcement officer, a member of the armed
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forces as defined in Section 20A-1-513, a public figure, or protected by a
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protective order or protection order; or
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(iii) whose voter registration record was classified as a private record at the request of
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the individual before May 12, 2020.
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(2)(a) An individual applying for voter registration, or an individual preregistering to vote,
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shall complete a voter registration form in substantially the following form:
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UTAH ELECTION REGISTRATION FORM
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Are you a citizen of the United States of America? Yes No
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If you checked "no" to the above question, do not complete this form.
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Will you be 18 years of age on or before election day? Yes No
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If you checked "no" to the above question, are you 16 or 17 years of age and
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preregistering to vote? Yes No
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If you checked "no" to both of the prior two questions, do not complete this form.
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Name of Voter
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_________________________________________________________________
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First Middle Last
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Utah Driver License or Utah Identification Card
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Number____________________________
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Date of Birth ______________________________________________________
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Street Address of Principal Place of Residence
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____________________________________________________________________________
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City County State Zip Code
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Telephone Number (optional) _________________________
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Email Address (optional) _____________________________________________
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Last four digits of Social Security Number ______________________
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Last former address at which I was registered to vote (if
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known)__________________________
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____________________________________________________________________________
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City County State Zip Code
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Political Party
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(a listing of each registered political party, as defined in Section 20A-8-101 and
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maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
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by a checkbox)
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☐Unaffiliated (no political party preference) ☐Other (Please
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specify)___________________
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I do swear (or affirm), subject to penalty of law for false statements, that the information
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contained in this form is true, and that I am a citizen of the United States and a resident of the
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state of Utah, residing at the above address. Unless I have indicated above that I am
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preregistering to vote in a later election, I will be at least 18 years of age and will have resided
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in Utah for 30 days immediately before the next election. I am not a convicted felon currently
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incarcerated for commission of a felony.
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Signed and sworn
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__________________________________________________________
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Voter's Signature
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_______________(month/day/year).
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PRIVACY INFORMATION
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Voter registration records contain some information that is available to the public, such
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as your name and address, some information that is available only to government entities, and
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some information that is available only to certain third parties in accordance with the
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requirements of law.
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Your driver license number, identification card number, social security number, email
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address, full date of birth, and phone number are available only to government entities. Your
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year of birth is available to political parties, candidates for public office, certain third parties,
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and their contractors, employees, and volunteers, in accordance with the requirements of law.
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You may request that all information on your voter registration records be withheld from
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all persons other than government entities, political parties, candidates for public office, and
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their contractors, employees, and volunteers, by indicating here:
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_____ Yes, I request that all information on my voter registration records be withheld
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from all persons other than government entities, political parties, candidates for public office,
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and their contractors, employees, and volunteers.
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REQUEST FOR ADDITIONAL PRIVACY PROTECTION
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In addition to the protections provided above, you may request that identifying
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information on your voter registration records be withheld from all political parties, candidates
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for public office, and their contractors, employees, and volunteers, by submitting a
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withholding request form, and any required verification, as described in the following
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paragraphs.
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A person may request that identifying information on the person's voter registration
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records be withheld from all political parties, candidates for public office, and their
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contractors, employees, and volunteers, by submitting a withholding request form with this
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registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
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to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
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violence.
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A person may request that identifying information on the person's voter registration
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records be withheld from all political parties, candidates for public office, and their
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contractors, employees, and volunteers, by submitting a withholding request form and any
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required verification with this registration form, or to the lieutenant governor or a county clerk,
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if the person is, or resides with a person who is, a law enforcement officer, a member of the
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armed forces, a public figure, or protected by a protective order or a protection order.
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CITIZENSHIP AFFIDAVIT
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Name:
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Name at birth, if different:
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Place of birth:
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Date of birth:
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Date and place of naturalization (if applicable):
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I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
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citizen and that to the best of my knowledge and belief the information above is true and
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correct.
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____________________________
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Signature of Applicant
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In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
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allowing yourself to be registered or preregistered to vote if you know you are not entitled to
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register or preregister to vote is up to one year in jail and a fine of up to $2,500.
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NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
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VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
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BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
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PHOTOGRAPH; OR
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TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
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AND CURRENT ADDRESS.
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FOR OFFICIAL USE ONLY
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Type of I.D. ____________________________
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Voting Precinct _________________________
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Voting I.D. Number _____________________
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186 (b) The voter registration form described in Subsection (2)(a) shall include a section in
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substantially the following form:
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BALLOT NOTIFICATIONS
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If you have provided a phone number or email address, you can receive notifications by
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text message or email regarding the status of a ballot that is mailed to you or a ballot that you
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deposit in the mail or in a ballot drop box, by indicating here:
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______ Yes, I would like to receive electronic notifications regarding the status of my
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ballot.
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(c)(i) Except as provided under Subsection (2)(c)(ii), the county clerk shall retain a
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copy of each voter registration form in a permanent countywide alphabetical file,
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which may be electronic or some other recognized system.
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(ii) The county clerk may transfer a superseded voter registration form to the
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Division of Archives and Records Service created under Section 63A-12-101.
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(3)(a) Each county clerk shall retain lists of currently registered voters.
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(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
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(c) If there are any discrepancies between the two lists, the county clerk's list is the
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official list.
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(d) The lieutenant governor and the county clerks may charge the fees established under
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the authority of Subsection [63G-2-203(10)] 63G-2-203(11) to individuals who wish
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to obtain a copy of the list of registered voters.
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(4)(a) As used in this Subsection (4), "qualified person" means:
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(i) a government official or government employee acting in the government official's
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or government employee's capacity as a government official or a government
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employee;
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(ii) a health care provider, as defined in Section 26B-8-501, or an agent, employee, or
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independent contractor of a health care provider;
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(iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee,
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or independent contractor of an insurance company;
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(iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
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independent contractor of a financial institution;
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(v) a political party, or an agent, employee, or independent contractor of a political
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party;
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(vi) a candidate for public office, or an employee, independent contractor, or
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volunteer of a candidate for public office;
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(vii) a person described in Subsections (4)(a)(i) through (vi) who, after obtaining a
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year of birth from the list of registered voters:
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(A) provides the year of birth only to a person described in Subsections (4)(a)(i)
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through (vii);
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(B) verifies that the person described in Subsection (4)(a)(vii)(A) is a person
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described in Subsections (4)(a)(i) through (vii);
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(C) ensures, using industry standard security measures, that the year of birth may
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not be accessed by a person other than a person described in Subsections
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(4)(a)(i) through (vii);
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(D) verifies that each person described in Subsections (4)(a)(ii) through (iv) to
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whom the person provides the year of birth will only use the year of birth to
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verify the accuracy of personal information submitted by an individual or to
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confirm the identity of a person in order to prevent fraud, waste, or abuse;
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(E) verifies that each person described in Subsection (4)(a)(i) to whom the person
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provides the year of birth will only use the year of birth in the person's capacity
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as a government official or government employee; and
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(F) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
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person provides the year of birth will only use the year of birth for a political
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purpose of the political party or candidate for public office; or
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(viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
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information under Subsection (4)(n) and (o):
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(A) provides the information only to another person described in Subsection
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(4)(a)(v) or (vi);
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(B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a
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person described in Subsection (4)(a)(v) or (vi);
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(C) ensures, using industry standard security measures, that the information may
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not be accessed by a person other than a person described in Subsection
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(4)(a)(v) or (vi); and
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(D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
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person provides the information will only use the information for a political
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purpose of the political party or candidate for public office.
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(b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
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Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall,
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when providing the list of registered voters to a qualified person under this section,
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include, with the list, the years of birth of the registered voters, if:
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(i) the lieutenant governor or a county clerk verifies the identity of the person and
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that the person is a qualified person; and
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(ii) the qualified person signs a document that includes the following:
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(A) the name, address, and telephone number of the person requesting the list of
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registered voters;
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(B) an indication of the type of qualified person that the person requesting the list
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claims to be;
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(C) a statement regarding the purpose for which the person desires to obtain the
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years of birth;
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(D) a list of the purposes for which the qualified person may use the year of birth
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of a registered voter that is obtained from the list of registered voters;
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(E) a statement that the year of birth of a registered voter that is obtained from the
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list of registered voters may not be provided or used for a purpose other than a
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purpose described under Subsection (4)(b)(ii)(D);
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(F) a statement that if the person obtains the year of birth of a registered voter
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from the list of registered voters under false pretenses, or provides or uses the
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year of birth of a registered voter that is obtained from the list of registered
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voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
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and is subject to a civil fine;
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(G) an assertion from the person that the person will not provide or use the year of
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birth of a registered voter that is obtained from the list of registered voters in a
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manner that is prohibited by law; and
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(H) notice that if the person makes a false statement in the document, the person is
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punishable by law under Section 76-8-504.
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(c) The lieutenant governor or a county clerk:
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(i) may not disclose the year of birth of a registered voter to a person that the
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lieutenant governor or county clerk reasonably believes:
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(A) is not a qualified person or a person described in Subsection (4)(l); or
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(B) will provide or use the year of birth in a manner prohibited by law; and
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(ii) may not disclose information under Subsections (4)(n) or (o) to a person that the
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lieutenant governor or county clerk reasonably believes:
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(A) is not a person described in Subsection (4)(a)(v) or (vi); or
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(B) will provide or use the information in a manner prohibited by law.
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(d) The lieutenant governor or a county clerk may not disclose the voter registration
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form of a person, or information included in the person's voter registration form,
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whose voter registration form is classified as private under Subsection (4)(h) to a
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person other than:
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(i) a government official or government employee acting in the government official's
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or government employee's capacity as a government official or government
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employee; or
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(ii) subject to Subsection (4)(e), a person described in Subsection (4)(a)(v) or (vi) for
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a political purpose.
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(e)(i) Except as provided in Subsection (4)(e)(ii), when disclosing a record or
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information under Subsection (4)(d)(ii), the lieutenant governor or county clerk
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shall exclude the information described in Subsection 63G-2-302(1)(j), other than
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the year of birth.
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(ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
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voter registration record of a protected individual, the lieutenant governor or
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county clerk shall comply with Subsections (4)(n) through (p).
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(f) The lieutenant governor or a county clerk may not disclose a withholding request
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form, described in Subsections (7) and (8), submitted by an individual, or information
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obtained from that form, to a person other than a government official or government
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employee acting in the government official's or government employee's capacity as a
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government official or government employee.
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(g) A person is guilty of a class A misdemeanor if the person:
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(i) obtains from the list of registered voters, under false pretenses, the year of birth of
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a registered voter or information described in Subsection (4)(n) or (o);
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(ii) uses or provides the year of birth of a registered voter, or information described in
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Subsection (4)(n) or (o), that is obtained from the list of registered voters in a
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manner that is not permitted by law;
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(iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k)
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under false pretenses;
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(iv) uses or provides information obtained from a voter registration record described
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in Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
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(v) unlawfully discloses or obtains a voter registration record withheld under
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Subsection (7) or a withholding request form described in Subsections (7) and (8);
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or
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(vi) unlawfully discloses or obtains information from a voter registration record
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withheld under Subsection (7) or a withholding request form described in
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Subsections (7) and (8).
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(h) The lieutenant governor or a county clerk shall classify the voter registration record
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of a voter as a private record if the voter:
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(i) submits a written application, created by the lieutenant governor, requesting that
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the voter's voter registration record be classified as private;
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(ii) requests on the voter's voter registration form that the voter's voter registration
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record be classified as a private record; or
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(iii) submits a withholding request form described in Subsection (7) and any required
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verification.
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(i) Except as provided in Subsections (4)(d)(ii) and (e)(ii), the lieutenant governor or a
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county clerk may not disclose to a person described in Subsection (4)(a)(v) or (vi) a
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voter registration record, or information obtained from a voter registration record, if
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the record is withheld under Subsection (7).
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(j) In addition to any criminal penalty that may be imposed under this section, the
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lieutenant governor may impose a civil fine against a person who violates a provision
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of this section, in an amount equal to the greater of:
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(i) the product of 30 and the square root of the total number of:
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(A) records obtained, provided, or used unlawfully, rounded to the nearest whole
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dollar; or
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(B) records from which information is obtained, provided, or used unlawfully,
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rounded to the nearest whole dollar; or
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(ii) $200.
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(k) A qualified person may not obtain, provide, or use the year of birth of a registered
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voter, if the year of birth is obtained from the list of registered voters or from a voter
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registration record, unless the person:
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(i) is a government official or government employee who obtains, provides, or uses
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the year of birth in the government official's or government employee's capacity
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as a government official or government employee;
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(ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
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uses the year of birth only to verify the accuracy of personal information
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submitted by an individual or to confirm the identity of a person in order to
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prevent fraud, waste, or abuse;
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(iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
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provides, or uses the year of birth for a political purpose of the political party or
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candidate for public office; or
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(iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
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uses the year of birth to provide the year of birth to another qualified person to
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verify the accuracy of personal information submitted by an individual or to
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confirm the identity of a person in order to prevent fraud, waste, or abuse.
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(l) The lieutenant governor or a county clerk may provide a year of birth to a member of
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the media, in relation to an individual designated by the member of the media, in
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order for the member of the media to verify the identity of the individual.
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(m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
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information from a voter registration record for a purpose other than a political
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purpose.
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(n) Notwithstanding Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a
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county clerk shall, when providing the list of registered voters to a qualified person
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described in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose
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record is withheld under Subsection (7), the information described in Subsection
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(4)(o), if:
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(i) the lieutenant governor or a county clerk verifies the identity of the person and
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that the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
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(ii) the qualified person described in Subsection (4)(a)(v) or (vi) signs a document
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that includes the following:
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(A) the name, address, and telephone number of the person requesting the list of
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registered voters;
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(B) an indication of the type of qualified person that the person requesting the list
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claims to be;
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(C) a statement regarding the purpose for which the person desires to obtain the
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information;
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(D) a list of the purposes for which the qualified person may use the information;
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(E) a statement that the information may not be provided or used for a purpose
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other than a purpose described under Subsection (4)(n)(ii)(D);
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(F) a statement that if the person obtains the information under false pretenses, or
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provides or uses the information in a manner that is prohibited by law, the
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person is guilty of a class A misdemeanor and is subject to a civil fine;
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(G) an assertion from the person that the person will not provide or use the
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information in a manner that is prohibited by law; and
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(H) notice that if the person makes a false statement in the document, the person is
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punishable by law under Section 76-8-504.
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(o) Except as provided in Subsection (4)(p), the information that the lieutenant governor
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or a county clerk is required to provide, under Subsection (4)(n), from the record of a
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protected individual is:
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(i) a single hash code, generated from a string of data that includes both the voter's
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voter identification number and residential address;
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(ii) the voter's residential address;
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(iii) the voter's mailing address, if different from the voter's residential address;
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(iv) the party affiliation of the voter;
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(v) the precinct number for the voter's residential address;
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(vi) the voter's voting history; and
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(vii) a designation of which age group, of the following age groups, the voter falls
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within:
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(A) 25 or younger;
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(B) 26 through 35;
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(C) 36 through 45;
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(D) 46 through 55;
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(E) 56 through 65;
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(F) 66 through 75; or
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(G) 76 or older.
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(p) The lieutenant governor or a county clerk may not disclose:
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(i) information described in Subsection (4)(o) that, due to a small number of voters
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affiliated with a particular political party, or due to another reason, would likely
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reveal the identity of a voter if disclosed; or
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(ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
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county clerk determines that the nature of the address would directly reveal
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sensitive information about the voter.
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(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain, provide,
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or use the information described in Subsection (4)(n) or (o), except to the extent that
424
the qualified person uses the information for a political purpose of a political party or
425
candidate for public office.
426
(5) When political parties not listed on the voter registration form qualify as registered
427
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures,
428
the lieutenant governor shall inform the county clerks of the name of the new political
429
party and direct the county clerks to ensure that the voter registration form is modified to
430
include that political party.
431
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
432
clerk's designee shall:
433
(a) review each voter registration form for completeness and accuracy; and
434
(b) if the county clerk believes, based upon a review of the form, that an individual may
435
be seeking to register or preregister to vote who is not legally entitled to register or
436
preregister to vote, refer the form to the county attorney for investigation and
437
possible prosecution.
438
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
- 13 - S.B. 163 01-24 11:17
439
person described in Subsection (4)(a)(i), the voter registration record, and information
440
obtained from the voter registration record, of a protected individual.
441
(8)(a) The lieutenant governor shall design and distribute the withholding request form
442
described in Subsection (7) to each election officer and to each agency that provides
443
a voter registration form.
444
(b) An individual described in Subsection (1)(e)(i) is not required to provide
445
verification, other than the individual's attestation and signature on the withholding
446
request form, that the individual, or an individual who resides with the individual, is a
447
victim of domestic violence or dating violence or is likely to be a victim of domestic
448
violence or dating violence.
449
(c) The director of elections within the Office of the Lieutenant Governor shall make
450
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
451
establishing requirements for providing the verification described in Subsection
452
(1)(e)(ii).
453
(9) An election officer or an employee of an election officer may not encourage an
454
individual to submit, or discourage an individual from submitting, a withholding request
455
form.
456
(10)(a) The lieutenant governor shall make and execute a plan to provide notice to
457
registered voters who are protected individuals, that includes the following
458
information:
459
(i) that the voter's classification of the record as private remains in effect;
460
(ii) that certain non-identifying information from the voter's voter registration record
461
may, under certain circumstances, be released to political parties and candidates
462
for public office;
463
(iii) that the voter's name, driver license or identification card number, social security
464
number, email address, phone number, and the voter's day, month, and year of
465
birth will remain private and will not be released to political parties or candidates
466
for public office;
467
(iv) that a county clerk will only release the information to political parties and
468
candidates in a manner that does not associate the information with a particular
469
voter; and
470
(v) that a county clerk may, under certain circumstances, withhold other information
471
that the county clerk determines would reveal identifying information about the
472
voter.
- 14 - 01-24 11:17 S.B. 163
473
(b) The lieutenant governor may include in the notice described in this Subsection (10) a
474
statement that a voter may obtain additional information on the lieutenant governor's
475
website.
476
(c) The plan described in Subsection (10)(a) may include providing the notice described
477
in Subsection (10)(a) by:
478
(i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
479
(ii) publication on the lieutenant governor's website or a county's website;
480
(iii) posting the notice in public locations;
481
(iv) publication in a newspaper;
482
(v) sending notification to the voters by electronic means;
483
(vi) sending notice by other methods used by government entities to communicate
484
with citizens; or
485
(vii) providing notice by any other method.
486
(d) The lieutenant governor shall provide the notice included in a plan described in this
487
Subsection (10) before June 16, 2023.
488
Section 2. Section 20A-11-1205 is amended to read:
489
20A-11-1205 . Use of public email for a political purpose.
490
(1) Except as provided in Subsection (5), a person may not send an email using the email of
491
a public entity:
492
(a) for a political purpose;
493
(b) to advocate for or against a proposed initiative, initiative, proposed referendum,
494
referendum, a proposed bond, a bond, or any ballot proposition; or
495
(c) to solicit a campaign contribution.
496
(2)(a) The lieutenant governor shall, after giving the person and the complainant notice
497
and an opportunity to be heard, impose a civil fine against a person who violates
498
Subsection (1) as follows:
499
(i) up to $250 for a first violation; and
500
(ii) except as provided in Subsection (3), for each subsequent violation committed
501
after the lieutenant governor imposes a fine against the person for a first violation,
502
$1,000 multiplied by the number of violations committed by the person.
503
(b) A person may, within 30 days after the day on which the lieutenant governor
504
imposes a fine against the person under this Subsection (2), appeal the fine to a
505
district court.
506
(3) The lieutenant governor shall consider a violation of this section as a first violation if
- 15 - S.B. 163 01-24 11:17
507
the violation is committed more than seven years after the day on which the person last
508
committed a violation of this section.
509
(4) For purposes of this section, one violation means one act of sending an email, regardless
510
of the number of recipients of the email.
511
(5) A person does not violate this section if:
512
(a) the lieutenant governor finds that the email described in Subsection (1) was
513
inadvertently sent by the person using the email of a public entity;
514
(b) the person is directly providing information solely to another person or a group of
515
people in response to a question asked by the other person or group of people;
516
(c) the information the person emails is an argument or rebuttal argument prepared
517
under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing
518
argument and rebuttal argument that:
519
(i) relates to the same proposed initiative, initiative, proposed referendum, or
520
referendum; and
521
(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
522
(d) the person is engaging in:
523
(i) an internal communication solely within the public entity;
524
(ii) a communication solely with another public entity;
525
(iii) a communication solely with legal counsel;
526
(iv) a communication solely with the sponsors of an initiative or referendum;
527
(v) a communication solely with a land developer for a project permitted by a local
528
land use law that is challenged by a proposed referendum or a referendum; or
529
(vi) a communication solely with a person involved in a business transaction directly
530
relating to a project described in Subsection (5)(d)(v).
531
(6) A violation of this section does not invalidate an otherwise valid election.
532
(7) An email sent in violation of Subsection (1), as determined by the records officer,
533
constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of
534
Title 63G, Chapter 2, Government Records Access and Management Act,
535
notwithstanding any applicability of Subsection [63G-2-103(25)(b)(i)]
536
63G-2-103(28)(b)(i).
537
Section 3. Section 63A-12-117 is enacted to read:
538
63A-12-117 . Summary of government records requirements -- Provision to
539
employee of a governmental entity.
540
(1) As used in this section:
- 16 - 01-24 11:17 S.B. 163
541
(a) "Summary" means the one-page summary developed and updated by the division
542
under Subsection (2).
543
(b) "Summary" includes, in relation to a governmental entity that adopts an ordinance or
544
policy under Section 63G-2-701, the supplement developed and updated by the
545
governmental entity in accordance with Subsection (3).
546
(2) The division shall:
547
(a) before September 1, 2025, develop a one-page summary of Title 63G, Chapter 2,
548
Government Records Access and Management Act, to instruct an employee of a
549
governmental entity on legal requirements relating to records, including information
550
on:
551
(i) a citizen's ability to access public records;
552
(ii) the classification and retention of records;
553
(iii) the confidentiality of records that are not public records;
554
(iv) criminal penalties relating to government records; and
555
(v) where the employee may obtain additional information on questions relating to
556
government records;
557
(b) update the summary before September 1 each year; and
558
(c) post a copy of the summary in a conspicuous place on the division's website.
559
(3) A governmental entity that adopts an ordinance or policy under Section 63G-2-701 shall:
560
(a) before November 1, 2025, develop a supplement to the summary described in
561
Subsection (2) that:
562
(i) describes provisions in the ordinance or policy that differ from, or add to, the
563
provisions of the summary described in Subsection (2); and
564
(ii) does not exceed one page;
565
(b) update the supplement before November 1 each year; and
566
(c) post a copy of the supplement, with the summary described in Subsection (2), in a
567
conspicuous place on the governmental entity's website.
568
(4) A governmental entity described in Subsection (3) shall:
569
(a) on an annual basis, within 30 days after the day on which the governmental entity
570
develops or updates the supplement described in Subsection (3), provide each
571
employee of the governmental entity with a copy of the summary; and
572
(b) within 30 days after the day on which the governmental entity hires an employee,
573
provide the employee with a copy of the summary.
574
(5) A governmental entity, other than a governmental entity described in Subsection (3),
- 17 - S.B. 163 01-24 11:17
575
shall:
576
(a) on an annual basis, within 30 days after the day on which the division develops or
577
updates the summary, provide each employee of the governmental entity with a copy
578
of the summary; and
579
(b) within 30 days after the day on which the governmental entity hires an employee,
580
provide the employee with a copy of the summary.
581
Section 4. Section 63G-2-102 is amended to read:
582
63G-2-102 . Legislative intent.
583
(1) In enacting this act, the Legislature recognizes[ two constitutional rights]:
584
(a) the public's right of access to [information] records concerning the conduct of the
585
public's business; and
586
(b) the right of privacy in relation to personal data gathered by governmental entities.
587
(2) The Legislature also recognizes a public policy interest in allowing a government to
588
restrict access to certain records, as specified in this chapter, for the public good.
589
(3) It is the intent of the Legislature to:
590
(a) promote the public's right of easy and reasonable access to unrestricted public
591
records;
592
(b) specify those conditions under which the public interest in allowing restrictions on
593
access to records may outweigh the public's interest in access;
594
(c) prevent abuse of confidentiality by governmental entities by permitting confidential
595
treatment of records only as provided in this chapter;
596
(d) provide guidelines for both disclosure and restrictions on access to government
597
records, which are based on the equitable weighing of the pertinent interests and
598
which are consistent with nationwide standards of information practices;
599
(e) favor public access when, in the application of this act, countervailing interests are of
600
equal weight; and
601
(f) establish fair and reasonable records management practices.
602
Section 5. Section 63G-2-103 is amended to read:
603
63G-2-103 . Definitions.
604
As used in this chapter:
605
(1) "Audit" means:
606
(a) a systematic examination of financial, management, program, and related records for
607
the purpose of determining the fair presentation of financial statements, adequacy of
608
internal controls, or compliance with laws and regulations; or
- 18 - 01-24 11:17 S.B. 163
609
(b) a systematic examination of program procedures and operations for the purpose of
610
determining [their] the program's effectiveness, economy, efficiency, and compliance
611
with statutes and regulations.
612
(2) "Chief administrative officer" means the chief administrative officer of a governmental
613
entity who is responsible to fulfill the duties described in Section 63A-12-103.
614
(3) "Chronological logs" mean the regular and customary summary records of law
615
enforcement agencies and other public safety agencies that show:
616
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
617
and
618
(b) any arrests or jail bookings made by the agency.
619
[(3)] (4) "Classification[,]" ["classify," and their derivative forms mean determining whether]
620
means the designation of a record series, record, or information within a record [is ] as:
621
(a) public[,] ;
622
(b) private[,] ;
623
(c) controlled[,] ;
624
(d) protected[,] ; or[ ]
625
(e) exempt from disclosure under Subsection 63G-2-201(3)(b).
626
(5) "Classify" means the process of designating or determining the classification of a record
627
series, record, or information within a record.
628
[(4)] (6)(a) "Computer program" means:
629
(i) a series of instructions or statements that [permit] permits the functioning of a
630
computer system in a manner designed to provide storage, retrieval, and
631
manipulation of data from the computer system; and
632
(ii) any associated documentation and source material that explain how to operate the
633
computer program.
634
(b) "Computer program" does not mean:
635
(i) the original data, including numbers, text, voice, graphics, and images;
636
(ii) analysis, compilation, and other manipulated forms of the original data produced
637
by use of the program; or
638
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
639
algorithms contained in the program, that would be used if the manipulated forms
640
of the original data were to be produced manually.
641
[(5)] (7)(a) "Contractor" means:
642
(i) [any] a person who contracts with a governmental entity to provide goods or
- 19 - S.B. 163 01-24 11:17
643
services directly to a governmental entity; or
644
(ii) [any] a private, nonprofit organization that receives funds from a governmental
645
entity.
646
(b) "Contractor" does not [mean] include a private provider.
647
[(6)] (8) "Controlled record" means a record containing data [on individuals] on an individual
648
that is controlled as [provided by] described in Section 63G-2-304.
649
[(7)] (9) ["Designation," "designate," and their derivative forms mean indicating]
650
"Designate," in relation to a record series, means, based on a governmental entity's
651
familiarity with a record series or based on a governmental entity's review of a
652
reasonable sample of a record series, specifying the primary classification that a
653
majority of records in a record series would be given if classified and the classification
654
that other records typically present in the record series would be given if classified.
655
[(8)] (10) "Elected official" means [each person] an individual elected to a state office,
656
county office, municipal office, school board or school district office, special district
657
office, or special service district office, but does not include judges.
658
[(9)] (11) "Explosive" means a chemical compound, device, or mixture:
659
(a) commonly used or intended for the purpose of producing an explosion; and
660
(b) that contains oxidizing or combustive units or other ingredients in proportions,
661
quantities, or packing so that:
662
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
663
compound or mixture may cause a sudden generation of highly heated gases; and
664
(ii) the resultant gaseous pressures are capable of:
665
(A) producing destructive effects on contiguous objects; or
666
(B) causing death or serious bodily injury.
667
[(10)] (12) "Government audit agency" means any governmental entity that conducts an
668
audit.
669
[(11)] (13)(a) "Governmental entity" means:
670
(i) executive department agencies of the state, the offices of the governor, lieutenant
671
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
672
and Parole, the Board of Examiners, the National Guard, the Career Service
673
Review Office, the State Board of Education, the Utah Board of Higher
674
Education, and the State Archives;
675
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
676
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
- 20 - 01-24 11:17 S.B. 163
677
legislative committees, except any political party, group, caucus, or rules or sifting
678
committee of the Legislature;
679
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
680
administrative units in the judicial branch;
681
(iv) any state-funded institution of higher education or public education; or
682
(v) [any] a political subdivision of the state,[ but, if a political subdivision has
683
adopted an ordinance or a policy relating to information practices pursuant to
684
Section 63G-2-701, this chapter shall apply to the political subdivision to the
685
extent specified in Section 63G-2-701 or as specified in any other section of this
686
chapter that specifically refers to political subdivisions.] except to the extent
687
expressly provided otherwise in this chapter, including to the extent otherwise
688
provided in Section 63G-2-701.
689
(b) "Governmental entity" [also means] includes:
690
(i) every office, agency, board, bureau, committee, department, advisory board, or
691
commission of an entity listed in Subsection [(11)(a)] (13)(a) that is funded or
692
established by the government to carry out the public's business;
693
(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
694
undertaking, except for the Water District Water Development Council created
695
pursuant to Section 11-13-228;
696
(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
697
(iv) an association as defined in Section 53G-7-1101;
698
(v) the Utah Independent Redistricting Commission; and
699
(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
700
more law enforcement officers, as defined in Section 53-13-103.
701
(c) "Governmental entity" does not include the Utah Educational Savings Plan created in
702
Section 53B-8a-103.
703
[(12)] (14) "Gross compensation" means every form of remuneration payable for a given
704
period to an individual for services provided including salaries, commissions, vacation
705
pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind,
706
and any similar benefit received from the individual's employer.
707
[(13)] (15) "Individual" means a human being.
708
[(14)] (16)(a) "Initial contact report" means an initial written or recorded report, however
709
titled, prepared by [peace officers] a peace officer who is engaged in public patrol or
710
response duties [describing] that describes official actions initially taken in response
- 21 - S.B. 163 01-24 11:17
711
to [either ]a public complaint about or the discovery of an apparent violation of law,
712
which report may describe:
713
(i) the date, time, location, and nature of the complaint, the incident, or offense;
714
(ii) [names of victims] the victim's name;
715
(iii) the nature or general scope of the agency's initial actions taken in response to the
716
incident;
717
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
718
(v) the name, address, and other identifying information about [any person] an
719
individual who is arrested or charged in connection with the incident; or
720
(vi) the identity of the public safety personnel, except undercover personnel, or
721
prosecuting attorney involved in responding to the initial incident.
722
(b) "Initial contact [reports do] report" does not include:
723
(i) a follow-up or investigative [reports] report prepared after the initial contact report[.
724
However, if the information specified in Subsection (14)(a) appears in follow-up
725
or investigative reports, it may only be treated confidentially if it is private,
726
controlled, protected, or exempt from disclosure under Subsection 63G-2-201
727
(3)(b).] ; or
728
[(c)] (ii) [Initial contact reports do not include] an accident [reports] report, as that term
729
is described in Title 41, Chapter 6a, Part 4, Accident Responsibilities.
730
[(15)] (17) "Legislative body" means the Legislature.
731
[(16)] (18)(a) "Media representative" means an individual who requests a record to obtain information
for a story or report for a news publication or a news broadcast to the general public.
732
(b) "Media representative" does not include an individual who requests a record to
733
obtain information for a blog, podcast, social media account, or other mass
734
communication methods generally available for a member of the public to
735
disseminate opinions or information.
736
(19) "Notice of compliance" means a statement confirming that a governmental entity has
737
complied with an order of the State Records Committee.
738
[(17) "Person" means:]
739
[(a) an individual;]
740
[(b) a nonprofit or profit corporation;]
741
[(c) a partnership;]
742
[(d) a sole proprietorship;]
743
[(e) other type of business organization; or]
- 22 - 01-24 11:17 S.B. 163
744
[(f) any combination acting in concert with one another.]
745
[(18)] (20) "Personal identifying information" means the same as that term is defined in
746
Section 63A-12-100.5.
747
[(19)] (21) "Privacy annotation" means the same as that term is defined in Section
748
63A-12-100.5.
749
[(20)] (22) "Private provider" means any person who contracts with a governmental entity to
750
provide services directly to the public.
751
[(21)] (23) "Private record" means a record containing data on [individuals] an individual
752
that is private as provided by Section 63G-2-302.
753
[(22)] (24) "Protected record" means a record that is classified protected as provided by
754
Section 63G-2-305.
755
[(23)] (25) "Public record" means a record that is not private, controlled, or protected and
756
that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
757
[(24)] (26) "Reasonable search" means a search that is:
758
(a) reasonable in scope and intensity; and
759
(b) not unreasonably burdensome for the government entity.
760
(27) "Reasonable specificity" means a request for a record or multiple records that:
761
(a) describes the requested records' scope, nature, content, or subject; and
762
(b) for records that will be searched electronically, specifies the names, words, or
763
symbols to be used as search terms.
764
[(25)] (28)(a) "Record" means [a book, letter, document, paper, map, plan, photograph,
765
film, card, tape, recording, electronic data, or other documentary material regardless
766
of physical form or characteristics] recorded information, regardless of medium,
767
characteristics, or location:
768
(i) that is prepared, owned, [received, ]or retained by a governmental entity or
769
political subdivision; and
770
(ii) where all of the information in the original is reproducible by photocopy or other
771
mechanical or electronic means.
772
(b) "Record" does not include:
773
(i) a personal note or personal communication prepared or received by an employee
774
or officer of a governmental entity:
775
(A) in a capacity other than the employee's or officer's governmental capacity; or
776
(B) that is unrelated to the conduct of the public's business;
777
(ii) a temporary draft or similar material prepared for the originator's personal use or
- 23 - S.B. 163 01-24 11:17
778
prepared by the originator for the personal use of an individual for whom the
779
originator is working;
780
(iii) material that is legally owned by an individual in the individual's private capacity;
781
(iv) material to which access is limited by the laws of copyright or patent unless the
782
copyright or patent is owned by a governmental entity or political subdivision;
783
(v) proprietary software;
784
(vi) junk mail or a commercial publication received by a governmental entity or an
785
official or employee of a governmental entity;
786
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
787
of a library open to the public;
788
(viii) material that is cataloged, indexed, or inventoried and contained in the
789
collections of a library open to the public, regardless of physical form or
790
characteristics of the material;
791
(ix) a daily calendar[ ];
792
(x) a note prepared by the originator for the originator's own use or for the sole use of
793
an individual for whom the originator is working;
794
(xi) a computer program that is developed or purchased by or for [any] a
795
governmental entity for [its] the governmental entity's own use;
796
(xii) a note or internal memorandum prepared as part of the deliberative process by:
797
(A) a member of the judiciary;
798
(B) an administrative law judge;
799
(C) a member of the Board of Pardons and Parole; or
800
(D) a member of any other body, other than an association or appeals panel as
801
defined in Section 53G-7-1101, charged by law with performing a
802
quasi-judicial function;
803
(xiii) a telephone number or similar code used to access a mobile communication
804
device that is used by an employee or officer of a governmental entity, provided
805
that the employee or officer of the governmental entity has designated at least one
806
business telephone number that is a public record as provided in Section
807
63G-2-301;
808
(xiv) information provided by the Public Employees' Benefit and Insurance Program,
809
created in Section 49-20-103, to a county to enable the county to calculate the
810
amount to be paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
811
(xv) information that an owner of unimproved property provides to a local entity as
- 24 - 01-24 11:17 S.B. 163
812
provided in Section 11-42-205;
813
(xvi) a video or audio recording of an interview, or a transcript of the video or audio
814
recording, that is conducted at a Children's Justice Center established under
815
Section 67-5b-102;
816
(xvii) child sexual abuse material, as defined by Section 76-5b-103;
817
(xviii) before final disposition of an ethics complaint occurs, a video or audio
818
recording of the closed portion of a meeting or hearing of:
819
(A) a Senate or House Ethics Committee;
820
(B) the Independent Legislative Ethics Commission;
821
(C) the Independent Executive Branch Ethics Commission, created in Section
822
63A-14-202; or
823
(D) the Political Subdivisions Ethics Review Commission established in Section
824
63A-15-201;
825
(xix) confidential communication described in Section 58-60-102, 58-61-102, or
826
58-61-702;
827
(xx) any item described in Subsection (25)(a) that is:
828
(A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
829
(B) shared between any of the following entities:
830
(I) the Division of Risk Management;
831
(II) the Office of the Attorney General;
832
(III) the governor's office; or
833
(IV) the Legislature; [or]
834
(xxi) the email address that a candidate for elective office provides to a filing officer
835
under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv)[.] ; or
836
(xxii) education records, as that term is defined in 20 U.S.C. Sec. 1232g(a)(4) of the
837
Family Educational Rights and Privacy Act, regardless of whether the education
838
records were requested before May 7, 2025, or on or after May 7, 2025.
839
[(26)] (29) "Record request" means a request for a record under Section 63G-2-204.
840
(30) "Record series" means a group of records that may be treated as a unit for purposes of
841
designation, description, management, or disposition.
842
[(27)] (31) "Records officer" means [the] an individual appointed by [the] a chief
843
administrative officer of each governmental entity[,] in accordance with Section
844
63A-12-103, or [the] by a political subdivision, to work with state archives in the care,
845
maintenance, scheduling, designation, classification, disposal, and preservation of
- 25 - S.B. 163 01-24 11:17
846
records.
847
[(28)] (32) "Schedule," ["scheduling," and their derivative forms mean] when used as a verb,
848
means:
849
(a) the process of specifying the length of time each record series should be retained by a
850
governmental entity for administrative, legal, fiscal, or historical purposes; and
851
(b) when each record series should be transferred to the state archives or destroyed.
852
[(29)] (33) "Sponsored research" means research, training, and other sponsored activities as
853
defined by the federal Executive Office of the President, Office of Management and
854
Budget:
855
(a) conducted:
856
(i) by an institution within the state system of higher education defined in Section
857
53B-1-102; and
858
(ii) through an office responsible for sponsored projects or programs; and
859
(b) funded or otherwise supported by an external:
860
(i) person that is not created or controlled by the institution within the state system of
861
higher education; or
862
(ii) federal, state, or local governmental entity.
863
[(30)] (34) "State archives" means the Division of Archives and Records Service created in
864
Section 63A-12-101.
865
[(31)] (35) "State archivist" means the director of the state archives.
866
[(32)] (36) "State Records Committee" means the State Records Committee created in
867
Section 63G-2-501.
868
[(33)] (37) "Summary data" means statistical records and compilations that contain data
869
derived from private, controlled, or protected information but that do not disclose
870
private, controlled, or protected information.
871
Section 6. Section 63G-2-107 is amended to read:
872
63G-2-107 . Disclosure of records subject to federal law or other provisions of
873
state law.
874
(1)(a) The disclosure of a record to which access is governed or limited pursuant to court
875
rule, another state statute, federal statute, or federal regulation, including a record for
876
which access is governed or limited as a condition of participation in a state or
877
federal program or for receiving state or federal funds, is governed by the specific
878
provisions of that statute, rule, or regulation.
879
(b) Except as provided in [Subsections (2) and (3)] Subsection (2), this chapter applies to
- 26 - 01-24 11:17 S.B. 163
880
records described in Subsection (1)(a) to the extent that this chapter is not
881
inconsistent with the statute, rule, or regulation.
882
(2) Except as provided in Subsection[ (4)] (3), this chapter does not apply to a record
883
containing protected health information as defined in 45 C.F.R., Part 164, Standards for
884
Privacy of Individually Identifiable Health Information, if the record is:
885
(a) controlled or maintained by a governmental entity; and
886
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
887
Identifiable Health Information.
888 [(3) The disclosure of an education record as defined in the Family Educational Rights and
889
Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity is
890
governed by the Family Educational Rights and Privacy Act, 34 C.F.R.
891
Part 99.]
892
[(4)] (3) This section does not exempt any record or record series from the provisions of
893
Subsection 63G-2-601(1).
894
Section 7. Section 63G-2-201 is amended to read:
895
63G-2-201 . Provisions relating to records -- Public records -- Private, controlled,
896
protected, and other restricted records -- Disclosure and nondisclosure of records --
897
Certified copy of record -- Limits on obligation to respond to record request.
898
(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public
899
record free of charge, and the right to take a copy of a public record during normal
900
working hours, subject to Sections 63G-2-203 and 63G-2-204.
901
(b) A right under Subsection (1)(a) does not apply with respect to a record:
902
(i) a copy of which the governmental entity has already provided to the person;
903
(ii) that is the subject of a records request that the governmental entity is not required
904
to fill under Subsection (7)(a)(v); or
905
(iii)(A) that is accessible only by a computer or other electronic device owned or
906
controlled by the governmental entity;
907
(B) that is part of an electronic file that also contains a record that is private,
908
controlled, or protected; and
909
(C) that the governmental entity cannot readily segregate from the part of the
910
electronic file that contains a private, controlled, or protected record.
911
(2) A record is public unless otherwise expressly provided by statute.
912
(3) The following records are not public:
913
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
- 27 - S.B. 163 01-24 11:17
914
63G-2-304, and 63G-2-305; and
915
(b) a record to which access is restricted pursuant to court rule, another state statute,
916
federal statute, or federal regulation, including records for which access is governed
917
or restricted as a condition of participation in a state or federal program or for
918
receiving state or federal funds.
919
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305
920
may be classified private, controlled, or protected.
921
(5)(a) A governmental entity may not disclose a record that is private, controlled, or
922
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c),
923
Section 63G-2-202, 63G-2-206, or 63G-2-303.
924
(b) A governmental entity may disclose a record that is private under Subsection
925
63G-2-302(2) or protected under Section 63G-2-305 to [persons] a person other than [
926
those] a person specified in Section 63G-2-202 or 63G-2-206 if the [head of a
927
governmental entity, or a designee,] chief administrative officer or records officer
928
determines that:
929
(i) there is no interest in restricting access to the record; or
930
(ii) the interests favoring access are greater than or equal to the interest favoring
931
restriction of access.
932
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
933
disclose a record that is protected under Subsection 63G-2-305(51) if:
934
(i) the [head of the governmental entity, or a designee,] chief administrative officer or
935
records officer determines that the disclosure:
936
(A) is mutually beneficial to:
937
(I) the subject of the record;
938
(II) the governmental entity; and
939
(III) the public; and
940
(B) serves a public purpose related to:
941
(I) public safety; or
942
(II) consumer protection; and
943
(ii) the person who receives the record from the governmental entity agrees not to use
944
or allow the use of the record for advertising or solicitation purposes.
945
(6) A governmental entity shall provide a person with a certified copy of a record if:
946
(a) the person requesting the record has a right to inspect it;
947
(b) the person identifies the record with reasonable specificity; and
- 28 - 01-24 11:17 S.B. 163
948
(c) the person pays the lawful fees.
949
(7)(a) In response to a request, a governmental entity is not required to:
950
(i) create a record;
951
(ii) compile, format, manipulate, package, summarize, or tailor information;
952
(iii) provide a record in a particular format, medium, or program not currently
953
maintained by the governmental entity;
954
(iv) fulfill a person's records request if the request unreasonably duplicates prior
955
records requests from that person;
956
(v) fill a person's records request if:
957
(A) the record requested is:
958
(I) publicly accessible online; or
959
(II) included in a public publication or product produced by the governmental
960
entity receiving the request; and
961
(B) the governmental entity:
962
(I) specifies to the person requesting the record where the record is accessible
963
online; or
964
(II) provides the person requesting the record with the public publication or
965
product and specifies where the record can be found in the public
966
publication or product; or
967
(vi) fulfill a person's records request if:
968
(A) the person has been determined under Section 63G-2-209 to be a vexatious
969
requester;
970
(B) the State Records Committee order determining the person to be a vexatious
971
requester provides that the governmental entity is not required to fulfill a
972
request from the person for a period of time; and
973
(C) the period of time described in Subsection (7)(a)(vi)(B) has not expired.
974
(b) A governmental entity shall conduct a reasonable search for a requested record.
975
(8)(a) Although not required to do so, a governmental entity may, upon request from the
976
person who submitted the records request, compile, format, manipulate, package,
977
summarize, or tailor information or provide a record in a format, medium, or program
978
not currently maintained by the governmental entity.
979
(b) In determining whether to fulfill a request described in Subsection (8)(a), a
980
governmental entity may consider whether the governmental entity is able to fulfill
981
the request without unreasonably interfering with the governmental entity's duties
- 29 - S.B. 163 01-24 11:17
982
and responsibilities.
983
(c) A governmental entity may require a person who makes a request under Subsection
984
(8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for
985
providing the information or record as requested.
986
(9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection
987
(9)(b), a governmental entity is not required to respond to, or provide a record in
988
response to, a record request if the request is submitted by or in behalf of an
989
individual who is confined in a jail or other correctional facility following the
990
individual's conviction.
991
(b) Subsection (9)(a) does not apply to:
992
(i) the first five record requests submitted to the governmental entity by or in behalf
993
of an individual described in Subsection (9)(a) during any calendar year
994
requesting only a record that contains a specific reference to the individual; or
995
(ii) a record request that is submitted by an attorney of an individual described in
996
Subsection (9)(a).
997
(10)(a) A governmental entity may allow a person requesting more than 50 pages of
998
records to copy the records if:
999
(i) the records are contained in files that do not contain records that are exempt from
1000
disclosure, or the records may be segregated to remove private, protected, or
1001
controlled information from disclosure; and
1002
(ii) the governmental entity provides reasonable safeguards to protect the public from
1003
the potential for loss of a public record.
1004
(b) If the requirements of Subsection (10)(a) are met, the governmental entity may:
1005
(i) provide the requester with the facilities for copying the requested records and
1006
require that the requester make the copies; or
1007
(ii) allow the requester to provide the requester's own copying facilities and personnel
1008
to make the copies at the governmental entity's offices and waive the fees for
1009
copying the records.
1010
(11)(a) A governmental entity that owns an intellectual property right and that offers the
1011
intellectual property right for sale or license may control by ordinance or policy the
1012
duplication and distribution of the material based on terms the governmental entity
1013
considers to be in the public interest.
1014
(b) Nothing in this chapter [shall be construed to limit or impair] limits or impairs the
1015
rights or protections granted to the governmental entity under federal copyright or
- 30 - 01-24 11:17 S.B. 163
1016
patent law as a result of [its ownership of ]the intellectual property right ownership.
1017
(12) A governmental entity may not use the physical form, electronic or otherwise, in
1018
which a record is stored to deny[,] or unreasonably hinder the rights of a person to
1019
inspect and receive a copy of a record under this chapter.
1020
(13) Subject to the requirements of Subsection (7), a governmental entity shall provide
1021
access to an electronic copy of a record in lieu of providing access to [its] the record's
1022
paper equivalent if:
1023
(a) the person making the request requests or states a preference for an electronic copy;
1024
(b) the governmental entity currently maintains the record in an electronic format that is
1025
reproducible and may be provided without reformatting or conversion; and
1026
(c) the electronic copy of the record:
1027
(i) does not disclose other records that are exempt from disclosure; or
1028
(ii) may be segregated to protect private, protected, or controlled information from
1029
disclosure without the undue expenditure of public resources or funds.
1030
(14) In determining whether a record is properly classified as private under Subsection
1031
63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
1032
board, or court shall consider and weigh:
1033
(a) any personal privacy [interests] interest, including [those] a personal privacy interest
1034
in images, that would be affected by disclosure of the records[ in question]; and
1035
(b) any public [interests] interest served by disclosure.
1036
Section 8. Section 63G-2-203 is amended to read:
1037
63G-2-203 . Fees.
1038
(1)(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
1039
cover the governmental entity's actual cost of providing a record.
1040
(b) A fee [under] described in Subsection (1)(a) shall be approved by the governmental
1041
entity's executive officer.
1042
(2)(a) When a governmental entity compiles a record in a form other than that normally
1043
maintained by the governmental entity, the actual costs under this section may
1044
include the following:
1045
(i) the cost of staff time for compiling, formatting, manipulating, packaging,
1046
summarizing, or tailoring the record either into an organization or media to meet
1047
the person's request;
1048
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for
1049
complying with a request; and
- 31 - S.B. 163 01-24 11:17
1050
(iii) [in the case of fees ]for a record that is the result of computer output other than
1051
word processing, the actual incremental cost of providing the electronic services
1052
and products together with a reasonable portion of the costs associated with
1053
formatting or interfacing the information for particular users, and the
1054
administrative costs as set forth in Subsections (2)(a)(i) and (ii).
1055
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
1056
paid employee who, in the discretion of the custodian of records, has the necessary
1057
skill and training to perform the request.
1058
(3)(a) Fees shall be established as provided in this Subsection (3).
1059
(b) A governmental entity with fees established by the Legislature:
1060
(i) shall establish the fees defined in Subsection (2), or other actual costs associated
1061
with this section through the budget process; and
1062
(ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
1063
establishes fees through the budget process.
1064
(c) Political subdivisions shall establish fees by ordinance or written formal policy
1065
adopted by the governing body.
1066
(d) The judiciary shall establish fees by rules of the judicial council.
1067
(4) A governmental entity may fulfill a record request without charge and is encouraged to
1068
do so if it determines that:
1069
(a) releasing the record primarily benefits the public rather than a person;
1070
(b) the individual requesting the record is the subject of the record, or an individual
1071
specified in Subsection 63G-2-202(1) or (2); or
1072
(c) the requester's legal rights are directly implicated by the information in the record,
1073
and the requester is impecunious.
1074
[(5)(a) As used in this Subsection (5), "media representative":]
1075
[(i) means a person who requests a record to obtain information for a story or report
1076
for publication or broadcast to the general public; and]
1077
[(ii) does not include a person who requests a record to obtain information for a blog,
1078
podcast, social media account, or other means of mass communication generally
1079
available to a member of the public.]
1080
[(b)] (5)(a) A governmental entity may not charge a fee for:
1081
(i) reviewing a record to determine whether it is subject to disclosure, except as
1082
permitted by Subsection (2)(a)(ii);
1083
(ii) inspecting a record; or
- 32 - 01-24 11:17 S.B. 163
1084
(iii) the first quarter hour of staff time spent in responding to a request under Section
1085
63G-2-204.
1086
[(c)] (b) Notwithstanding Subsection [(5)(b)(iii)] (5)(a)(iii), a governmental entity is not
1087
prevented from charging a fee for the first quarter hour of staff time spent in
1088
responding to a request under Section 63G-2-204 if the person who submits the
1089
request:
1090
(i) is not a Utah media representative; and
1091
(ii) previously submitted a separate request within the 10-day period immediately
1092
before the date of the request to which the governmental entity is responding.
1093
(6)(a) A person who believes that there has been an unreasonable denial of a fee waiver
1094
under Subsection (4) may appeal the denial in the same manner as [a person appeals
1095
when inspection of a public record is denied] a denial under Section 63G-2-205.
1096
(b) The adjudicative body hearing the appeal:
1097
(i) shall review the fee waiver de novo[, but] ;
1098
(ii) notwithstanding Subsection (6)(b)(i), shall review and consider the governmental
1099
entity's denial of the fee waiver and any determination under Subsection (4); and
1100
[(ii)] (iii) has the same authority when a fee waiver or reduction is denied as [it] the
1101
adjudicative body has when the inspection of a public record is denied.
1102
(c) An adjudicative body hearing an appeal under this Subsection (6) is not required to
1103
schedule a hearing if the adjudicative body previously upheld a fee waiver denial for
1104
a fee charged under this section:
1105
(i) for the same records; or
1106
(ii) under the same facts or circumstances applicable to the matter appealed under this
1107
Subsection (6).
1108
(7)(a) If a governmental entity denies a fee waiver request under this section, the
1109
governmental entity shall provide the requester with the estimated cost of fulfilling
1110
the record request.
1111
(b) The governmental entity shall provide the requester with an opportunity, no later
1112
than 10 business days after the day on which the governmental entity provides notice
1113
of the estimated cost, to:
1114
(i) approve the estimated fees;
1115
(ii) request a fee waiver under Subsection (4); or
1116
(iii) cancel the record request.
1117
(c) If the requester fails to respond within the time described in Subsection (7)(b), the
- 33 - S.B. 163 01-24 11:17
1118
governmental entity may not consider the request.
1119
(d) Nothing in this Subsection (7) prevents a requester from submitting a new record
1120
request.
1121
[(7)] (8)(a) All fees received under this section by a governmental entity subject to
1122
Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
1123
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
1124
governmental entity in providing the requested record or record series.
1125
[(8)] (9)(a) [A] Subject to Subsections (9)(c) and (d), a governmental entity may require
1126
payment of past fees and future estimated fees before beginning to process a request
1127
if:
1128
(i) fees are expected to exceed $50; or
1129
(ii) the requester has not paid fees from a previous [requests] request.
1130
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
1131
(c) A governmental entity that receives a request from a requester that has not paid fees
1132
owed by the requester for a previous request may refuse to respond to the request
1133
until the requester pays the amount owed for the previous request, if, within the time
1134
period described in Subsection 63G-2-204(4), the governmental entity notifies the
1135
requester, in writing:
1136
(i) of the amount owed for the previous request;
1137
(ii) of the request to which the amount owed relates; and
1138
(iii) that the governmental entity will not respond to the request until the requester
1139
pays the amount owed for the previous request.
1140
(d) The notification described in Subsection (9)(c) is not a denial under Section
1141
63G-2-205.
1142
[(9)] (10) This section does not alter, repeal, or reduce fees established by other statutes or
1143
legislative acts.
1144
[(10)] (11)(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall
1145
be set as provided in this Subsection [(10)] (11).
1146
(b) The lieutenant governor shall:
1147
(i) after consultation with county clerks, establish uniform fees for voter registration
1148
and voter history records that meet the requirements of this section; and
1149
(ii) obtain legislative approval of those fees by following the procedures and
1150
requirements of Section 63J-1-504.
1151
Section 9. Section 63G-2-204 is amended to read:
- 34 - 01-24 11:17 S.B. 163
1152
63G-2-204 . Record request -- Response -- Time for responding.
1153
(1)(a) A person [making a request for a record] who makes a record request shall submit
1154
to the governmental entity that retains the record a written request containing:
1155
(i) the person's:
1156
(A) name;
1157
(B) mailing address;
1158
(C) email address, if the person has an email address and is willing to accept
1159
communications by email relating to the person's [records request] record
1160
request; and
1161
(D) daytime telephone number; and
1162
(ii) a description of the record requested that identifies the record with reasonable
1163
specificity.
1164
(b)(i) A single record request may not be submitted to multiple governmental entities.
1165
(ii) Subsection (1)(b)(i) [may not be construed to] does not prevent a person from
1166
submitting a separate record request to [each of ]multiple governmental entities,
1167
even if each [of the separate requests] separate request seeks access to the same
1168
record.
1169
(c) When making a record request, the requester may seek an expedited response to the
1170
request if the requester provides an explanation of how the expedited response
1171
benefits the public rather than the requester.
1172
(2)(a) In response to a [request for a record] record request, a governmental entity may
1173
not provide a record that [it has received] the governmental entity receives under
1174
Section 63G-2-206 as a shared record.
1175
(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a),
1176
the governmental entity shall:
1177
(i) deny the [records] record request; and
1178
(ii) [inform the person making the request of the identity] provide the requester with
1179
the name of the governmental entity from which the shared record was received.
1180
(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah
1181
Administrative Rulemaking Act, specifying where and to whom [requests for access
1182
shall be] a record request is directed.
1183
[(4) After receiving a request for a record, a governmental entity shall:]
1184
[(a) review each request that seeks an expedited response and notify, within five
1185
business days after receiving the request, each requester that has not demonstrated
- 35 - S.B. 163 01-24 11:17
1186
that their record request benefits the public rather than the person that their response
1187
will not be expedited; and]
1188
[(b) as soon as reasonably possible, but no later than 10 business days after receiving a
1189
written request, or five business days after receiving a written request if the requester
1190
demonstrates that expedited response to the record request benefits the public rather
1191
than the person:]
1192
[(i) approve the request and provide a copy of the record;]
1193
[(ii) deny the request in accordance with the procedures and requirements of Section
1194
63G-2-205;]
1195
[(iii) notify the requester that it does not maintain the record requested and provide, if
1196
known, the name and address of the governmental entity that does maintain the
1197
record; or]
1198
[(iv) notify the requester that because of one of the extraordinary circumstances listed
1199
in Subsection (6), it cannot immediately approve or deny the request, and include
1200
with the notice:]
1201
[(A) a description of the circumstances that constitute the extraordinary
1202
circumstances; and]
1203
[(B) the date when the records will be available, consistent with the requirements
1204
of Subsection (7).]
1205
[(5)] (4) After a governmental entity receives a written record request, if the requester seeks
1206
an expedited response in accordance with Subsection (1)(c), the governmental entity
1207
shall:
1208
(a) review the request to determine if an expedited response:
1209
(i) is warranted, because the expedited response benefits the public rather than the
1210
requester as described in Subsection (1)(c); and
1211
(ii) is reasonably possible under the circumstances;
1212
(b) no later than five business days after the day on which the governmental entity
1213
receives the request:
1214
(i) if the governmental entity determines that an expedited response is warranted and
1215
reasonably possible under the circumstances, respond to the record request in
1216
accordance with the requirements of this chapter; or
1217
(ii) if the governmental entity determines that an expedited response is not warranted
1218
or is not reasonably possible under the circumstances:
1219
(A) deny the request for an expedited response;
- 36 - 01-24 11:17 S.B. 163
1220
(B) notify the requester of the determination and the grounds for the
1221
determination; and
1222
(C) inform the requester that the governmental entity will respond to the record
1223
request as a non-expedited request, in accordance with the requirements of law;
1224
and
1225
(c) if the governmental entity denies the request for an expedited response under
1226
Subsection (4)(b)(ii), respond to the record request under Subsection (5).
1227
(5) After a governmental entity receives a record request, if the requester does not seek an
1228
expedited response in accordance with Subsection (1)(c), or if the governmental entity
1229
denies a request for an expedited response under Subsection (4)(b)(ii), the governmental
1230
entity shall, no later than 15 business days after the day on which the governmental
1231
entity receives the request:
1232
(a) approve the request and provide the requester with a copy of the record;
1233
(b) approve the request, subject to the payment of a fee in accordance with Section
1234
63G-2-203;
1235
(c) deny the request in accordance with Section 63G-2-205;
1236
(d) notify the requester that the governmental entity does not retain the record and
1237
provide the requester with the name and address of the governmental entity that
1238
maintains the record, if known;
1239
(e) notify the requester that the governmental entity:
1240
(i) conducted a reasonable search for the record; and
1241
(ii) was unable to locate a record that is responsive to the request; or
1242
(f) notify the requester that because of an exceptional circumstance, as described in
1243
Subsection (7), the governmental entity is unable to immediately approve or deny the
1244
record request, and include with the notice:
1245
(i) a description of the circumstance that constitutes the exceptional circumstance; and
1246
(ii) the anticipated date when the record request will be fulfilled.
1247
(6) [Any person who requests a record] A media representative who makes a record request
1248
to obtain information for a story or report for publication or broadcast to the general
1249
public is presumed to be acting to benefit the public rather than [a person] the media
1250
representative.
1251
[(6)] (7) The following circumstances constitute ["extraordinary circumstances"] exceptional
1252
circumstances that allow a governmental entity to delay approval or denial by an
1253
additional period of time as [specified] described in Subsection [(7)] (8) if the
- 37 - S.B. 163 01-24 11:17
1254
governmental entity determines that, due to the [extraordinary circumstances it]
1255
exceptional circumstances, the governmental entity cannot respond within the time [
1256
limits provided in Subsection (4)] described in Subsection (5):
1257
(a) another governmental entity is using the record, in which case the originating
1258
governmental entity shall promptly request that the governmental entity currently in
1259
possession return the record;
1260
(b) another governmental entity is using the record as part of an audit, and returning the
1261
record before the completion of the audit would impair the conduct of the audit;
1262
(c)(i) the request is for a voluminous quantity of records or a record series containing
1263
a substantial number of records; or
1264
(ii) the requester seeks a substantial number of records or records series in requests
1265
filed within five working days of each other;
1266
(d) the governmental entity is currently processing a large number of records requests;
1267
(e) the request requires the governmental entity to review a large number of records to
1268
locate the records requested;
1269
(f) the decision to release a record involves legal issues that require the governmental
1270
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations,
1271
or case law;
1272
(g) segregating information that the requester is entitled to inspect from information that
1273
the requester is not entitled to inspect requires extensive time or editing; or
1274
(h) segregating information that the requester is entitled to inspect from information that
1275
the requester is not entitled to inspect requires computer programming.
1276
[(7)] (8) [If one of the extraordinary circumstances listed] If an exceptional circumstance
1277
described in Subsection [(6)] (7) precludes approval or denial within the time [specified
1278
in Subsection (4)] described in Subsection (5), the following time limits apply to the [
1279
extraordinary circumstances] exceptional circumstance:
1280
(a) for claims under Subsection [(6)(a)] (7)(a), the governmental entity currently in
1281
possession of the record shall return the record to the originating entity within five
1282
business days [of] after the day of the request for the return, unless returning the
1283
record would impair the [holder's] governmental entity's work;
1284
(b) for claims under Subsection [(6)(b)] (7)(b), the originating governmental entity shall
1285
notify the requester when the record is available for inspection and copying;
1286
(c) for claims under [Subsections (6)(c), (d), and (e)] Subsection (7)(c), (d), or (e), the
1287
governmental entity shall:
- 38 - 01-24 11:17 S.B. 163
1288
(i) disclose the records [that it has located which] the governmental entity locates that
1289
the requester is entitled to inspect;
1290
(ii) provide the requester with [an estimate of the amount of time it will take to finish
1291
the work required] a time estimate that the governmental entity needs to respond to
1292
the request;
1293
(iii) complete the work and disclose those records that the requester is entitled to
1294
inspect as soon as reasonably possible; and
1295
(iv) for [any person] a person that does not establish a right to an expedited response
1296
as [authorized by] described in Subsection (4), a governmental entity may[ choose
1297
to]:
1298
(A) require the person to [provide for copying of the records as provided] copy the
1299
records as described in Subsection 63G-2-201(10); or
1300
(B) [treat a request for multiple records as separate record requests, and respond
1301
sequentially to each request;] treat a request for multiple records as multiple
1302
requests and respond to each request separately;
1303
(d) for claims under Subsection [(6)(f)] (7)(f), the governmental entity shall either
1304
approve or deny the request within five business days after the [response time
1305
specified for the original request has expired] day of the deadline described in
1306
Subsection (5);
1307
(e) for claims under Subsection [(6)(g)] (7)(g), the governmental entity shall, to the
1308
extent reasonably possible, fulfill the request [within 15] no later than 20 business
1309
days [from the date of the original request] after the day on which the governmental
1310
entity receives the request; or
1311
(f) for claims under Subsection [(6)(h)] (7)(h), the governmental entity shall complete [its]
1312
the necessary computer programming and disclose the requested records as soon as
1313
reasonably possible and no later than 12 months from the day the governmental entity
1314
receives the request.
1315
[(8)] (9)(a) [If a request for access is submitted to] If an office of a governmental entity,
1316
other than that specified by rule in accordance with Subsection (3), receives a record
1317
request, the office shall promptly forward the request to the appropriate office.
1318
(b) If the request is forwarded promptly, the time limit for response begins when the
1319
request is received by the office specified by rule.
1320
[(9)] (10) [If the governmental entity fails to provide the requested records or issue a denial
1321
within the specified time period, that failure is considered the equivalent of a
- 39 - S.B. 163 01-24 11:17
1322
determination denying access to the record.] If a governmental entity fails to respond to a
1323
record request within the time allowed under this section, the failure to respond is
1324
considered an access denial, as defined in Section 63G-2-400.5.
1325
Section 10. Section 63G-2-301 is amended to read:
1326
63G-2-301 . Public records.
1327
(1) As used in this section:
1328
(a) "Business address" means a single address of a governmental agency designated for
1329
the public to contact an employee or officer of the governmental agency.
1330
(b) "Business email address" means a single email address of a governmental agency
1331
designated for the public to contact an employee or officer of the governmental
1332
agency.
1333
(c) "Business telephone number" means a single telephone number of a governmental
1334
agency designated for the public to contact an employee or officer of the
1335
governmental agency.
1336
(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
1337
(2) The following records are public except to the extent they contain information expressly
1338
permitted to be treated confidentially under the provisions of Subsections
1339
63G-2-201(3)(b) and (6)(a):
1340
(a) laws;
1341
(b) the name, gender, gross compensation, job title, job description, business address,
1342
business email address, business telephone number, number of hours worked per pay
1343
period, dates of employment, and relevant education, previous employment, and
1344
similar job qualifications of a current or former employee or officer of the
1345
governmental entity, excluding:
1346
(i) undercover law enforcement personnel; and
1347
(ii) investigative personnel if disclosure could reasonably be expected to impair the
1348
effectiveness of investigations or endanger any individual's safety;
1349
(c) final opinions, including concurring and dissenting opinions, and orders that are
1350
made by a governmental entity in an administrative, adjudicative, or judicial
1351
proceeding except that if the proceedings were properly closed to the public, the
1352
opinion and order may be withheld to the extent that they contain information that is
1353
private, controlled, or protected;
1354
(d) final interpretations of statutes or rules by a governmental entity unless classified as
1355
protected as provided in Subsection 63G-2-305(17) or (18);
- 40 - 01-24 11:17 S.B. 163
1356
(e) information contained in or compiled from a transcript, minutes, or report of the open
1357
portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
1358
Open and Public Meetings Act, including the records of all votes of each member of
1359
the governmental entity;
1360
(f) judicial records unless a court orders the records to be restricted under the rules of
1361
civil or criminal procedure or unless the records are private under this chapter;
1362
(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
1363
records filed with or maintained by county recorders, clerks, treasurers, surveyors,
1364
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
1365
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
1366
Division of Water Rights, or other governmental entities that give public notice of:
1367
(i) titles or encumbrances to real property;
1368
(ii) restrictions on the use of real property;
1369
(iii) the capacity of persons to take or convey title to real property; or
1370
(iv) tax status for real and personal property;
1371
(h) records of the Department of Commerce that evidence incorporations, mergers, name
1372
changes, and uniform commercial code filings;
1373
(i) data on individuals that would otherwise be private under this chapter if the
1374
individual who is the subject of the record has given the governmental entity written
1375
permission to make the records available to the public;
1376
(j) documentation of the compensation that a governmental entity pays to a contractor or
1377
private provider;
1378
(k) summary data;
1379
(l) voter registration records, including an individual's voting history, except for a voter
1380
registration record or those parts of a voter registration record that are classified as
1381
private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
1382
20A-2-104(7);
1383
(m) for an elected official, as defined in Section 11-47-102, a telephone number, if
1384
available, and email address, if available, where that elected official may be reached
1385
as required in Title 11, Chapter 47, Access to Elected Officials;
1386
(n) for a school community council member, a telephone number, if available, and email
1387
address, if available, where that elected official may be reached directly as required
1388
in Section 53G-7-1203;
1389
(o) annual audited financial statements of the Utah Educational Savings Plan described
- 41 - S.B. 163 01-24 11:17
1390
in Section 53B-8a-111; and
1391
(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
1392
defined in Section 20A-7-101, after the packet is submitted to a county clerk.
1393
(3) The following records are normally public, but to the extent that a record is expressly
1394
exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
1395
Section 63G-2-302, 63G-2-304, or 63G-2-305:
1396
(a) administrative staff manuals, instructions to staff, and statements of policy;
1397
(b) records documenting a contractor's or private provider's compliance with the terms
1398
of a contract with a governmental entity;
1399
(c) records documenting the services provided by a contractor or a private provider to
1400
the extent the records would be public if prepared by the governmental entity;
1401
(d) contracts entered into by a governmental entity;
1402
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
1403
by a governmental entity;
1404
(f) records relating to government assistance or incentives publicly disclosed, contracted
1405
for, or given by a governmental entity, encouraging a person to expand or relocate a
1406
business in Utah, except as provided in Subsection 63G-2-305(35);
1407
(g) subject to Subsection (5), chronological logs and initial contact reports;
1408
(h) correspondence by and with a governmental entity in which the governmental entity
1409
determines or states an opinion upon the rights of the state, a political subdivision,
1410
the public, or any person;
1411
(i) empirical data contained in drafts if:
1412
(i) the empirical data is not reasonably available to the requester elsewhere in similar
1413
form; and
1414
(ii) the governmental entity is given a reasonable opportunity to correct any errors or
1415
make nonsubstantive changes before release;
1416
(j) drafts that are circulated to anyone other than:
1417
(i) a governmental entity;
1418
(ii) a political subdivision;
1419
(iii) a federal agency if the governmental entity and the federal agency are jointly
1420
responsible for implementation of a program or project that has been legislatively
1421
approved;
1422
(iv) a government-managed corporation; or
1423
(v) a contractor or private provider;
- 42 - 01-24 11:17 S.B. 163
1424
(k) drafts that have never been finalized but were relied upon by the governmental entity
1425
in carrying out action or policy;
1426
(l) original data in a computer program if the governmental entity chooses not to
1427
disclose the program;
1428
(m) arrest warrants after issuance, except that, for good cause, a court may order
1429
restricted access to arrest warrants prior to service;
1430
(n) search warrants after execution and filing of the return, except that a court, for good
1431
cause, may order restricted access to search warrants prior to trial;
1432
(o) records that would disclose information relating to formal charges or disciplinary
1433
actions against a past or present governmental entity employee if:
1434
(i) the disciplinary action has been completed and all time periods for administrative
1435
appeal have expired; and
1436
(ii) the charges on which the disciplinary action was based were sustained;
1437
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
1438
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
1439
evidence mineral production on government lands;
1440
(q) final audit reports;
1441
(r) occupational and professional licenses;
1442
(s) business licenses;
1443
(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
1444
records used to initiate proceedings for discipline or sanctions against persons
1445
regulated by a governmental entity, but not including records that initiate employee
1446
discipline; and
1447
(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
1448
the operation of a correctional facility or the care and control of inmates
1449
committed to the custody of a correctional facility; and
1450
(ii) records that disclose the results of an audit or other inspection assessing a
1451
correctional facility's compliance with a standard, regulation, policy, guideline, or
1452
rule described in Subsection (3)(u)(i).
1453
(4) The list of public records in this section is not exhaustive and should not be used to limit
1454
access to records.
1455
(5)(a) Subject to Subsection (5)(b), if information of the type described in Subsections
1456
63G-2-103(16)(a)(i) through (vi) appears in a follow-up or investigative report
1457
described in Subsection 63G-2-103(16)(b), the information contained in the
- 43 - S.B. 163 01-24 11:17
1458
follow-up or investigative report is public, unless the information is private,
1459
controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
1460
(b) If a follow-up or investigative report described in Subsection 63G-2-103(16)(b) is
1461
expressly exempt from disclosure, the exemption and restriction of access described
1462
in Subsection (3) does not change based on the follow-up or investigative report
1463
containing any information included in an initial contact report that is a public record.
1464
Section 11. Section 63G-2-400.5 is amended to read:
1465
63G-2-400.5 . Definitions.
1466
As used in this part:
1467
(1) "Access denial" means a governmental entity's denial, under Subsection [63G-2-204(9)]
1468
63G-2-204(10) or Section 63G-2-205, in whole or in part, of a record request.
1469
[(2) "Appellate affirmation" means a decision of a chief administrative officer, local
1470
appeals board, or State Records Committee affirming an access denial.]
1471
[(3)] (2) "Interested party" means a person, other than a requester, who is aggrieved by an
1472
access denial or [an appellate] a respondent affirmation, regardless of whether [or not ]
1473
the person participated in proceedings leading to the access denial or [appellate]
1474
respondent affirmation.
1475
[(4)] (3) "Local appeals board" means an appeals board established by a political
1476
subdivision under Subsection 63G-2-701(5)(c).
1477
[(5)] (4) "Record request" means a [request for a ]record request under Section 63G-2-204.
1478
[(6)] (5) "Records committee [appellant] petitioner" means:
1479
(a) a political subdivision that seeks to appeal [a decision of ]a local appeals board
1480
decision to the State Records Committee; or
1481
(b) a requester or interested party who seeks to appeal [to the State Records Committee a
1482
decision affirming an access denial] an access denial to the State Records Committee.
1483
[(7)] (6) "Requester" means a person who submits a record request to a governmental entity.
1484
(7) "Respondent affirmation" means a decision of a chief administrative officer, local
1485
appeals board, or State Records Committee affirming an access denial.
1486
Section 12. Section 63G-2-401 is amended to read:
1487
63G-2-401 . Appeal to chief administrative officer -- Notice of the decision of the
1488
appeal.
1489
(1)(a) A requester or interested party may appeal an access denial or the denial of a fee
1490
waiver under Subsection 63G-2-203(4) to the chief administrative officer of the
1491
governmental entity by filing a notice of appeal with the chief administrative officer
- 44 - 01-24 11:17 S.B. 163
1492
within 30 days after:
1493
(i) for an access denial:
1494
(A) the governmental entity sends a notice of denial under Section 63G-2-205, if
1495
the governmental entity denies a record request under Subsection 63G-2-205(1);
1496
or
1497
(B) the record request is considered denied under Subsection [63G-2-204(9)]
1498
63G-2-204(10), if that subsection applies; or
1499
(ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
1500
that the fee waiver is denied.
1501
(b) If a governmental entity claims [extraordinary] exceptional circumstances and
1502
specifies the date when the records will be available under Subsection 63G-2-204(4),
1503
and, if the requester believes the [extraordinary] exceptional circumstances do not
1504
exist or that the date specified is unreasonable, the requester may appeal the
1505
governmental entity's claim of [extraordinary] exceptional circumstances or date for
1506
compliance to the chief administrative officer by filing a notice of appeal with the
1507
chief administrative officer within 30 days after notification of a claim of [
1508
extraordinary] exceptional circumstances by the governmental entity, despite the lack
1509
of a "determination" or its equivalent under Subsection [63G-2-204(9)] 63G-2-204(10).
1510
(2) A notice of appeal shall contain:
1511
(a) the name, mailing address, and daytime telephone number of the requester or
1512
interested party; and
1513
(b) the relief sought.
1514
(3) The requester or interested party may file a short statement of facts, reasons, and legal
1515
authority in support of the appeal.
1516
(4)(a) If the appeal involves a record that is the subject of a business confidentiality
1517
claim under Section 63G-2-309, the chief administrative officer shall:
1518
(i) send notice of the appeal to the business confidentiality claimant within three
1519
business days after receiving notice, except that if notice under this section must
1520
be given to more than 35 persons, it shall be given as soon as reasonably possible;
1521
and
1522
(ii) send notice of the business confidentiality claim and the schedule for the chief
1523
administrative officer's determination to the requester or interested party within
1524
three business days after receiving notice of the appeal.
1525
(b) The business confidentiality claimant shall have seven business days after notice is
- 45 - S.B. 163 01-24 11:17
1526
sent by the administrative officer to submit further support for the claim of business
1527
confidentiality.
1528
(5)(a) The chief administrative officer shall make a decision on the appeal within:
1529
(i)(A) 10 business days after the chief administrative officer's receipt of the notice
1530
of appeal; or
1531
(B) five business days after the chief administrative officer's receipt of the notice
1532
of appeal, if the requester or interested party demonstrates that an expedited
1533
decision benefits the public rather than the requester or interested party; or
1534
(ii) 12 business days after the governmental entity sends the notice of appeal to a
1535
person who submitted a claim of business confidentiality.
1536
(b)(i) If the chief administrative officer fails to make a decision on an appeal of an
1537
access denial within the time specified in Subsection (5)(a), the failure is the
1538
equivalent of a decision affirming the access denial.
1539
(ii) If the chief administrative officer fails to make a decision on an appeal under
1540
Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the
1541
equivalent of a decision affirming the claim of [extraordinary] exceptional
1542
circumstances or the reasonableness of the date specified when the records will be
1543
available.
1544
(c) [The provisions of this section notwithstanding] Notwithstanding any other provision
1545
of this section, the parties participating in the proceeding may, by agreement, extend
1546
the time periods specified in this section.
1547
(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
1548
consideration and weighing of the various interests and public policies [pertinent] related
1549
to the classification and disclosure or nondisclosure of a record, order the disclosure of
1550
information properly classified as private under Subsection 63G-2-302(2) or protected
1551
under Section 63G-2-305 if the interests favoring access are greater than or equal to the
1552
interests favoring restriction of access.
1553
(7)(a) The governmental entity shall [send] provide written notice of the chief
1554
administrative officer's decision to all participants.
1555
(b) If the chief administrative officer's decision is to affirm the access denial in whole or
1556
in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall
1557
include:
1558
(i) a statement that the requester has a right under Section 63A-12-111 to request the
1559
government records ombudsman to mediate the dispute between the requester and
- 46 - 01-24 11:17 S.B. 163
1560
the governmental entity concerning the access denial or the fee waiver denial;
1561
(ii) a statement that the requester or interested party has the right to appeal the
1562
decision, as provided in Section 63G-2-402, to:
1563
(A) the State Records Committee or district court; or
1564
(B) the local appeals board, if the governmental entity is a political subdivision
1565
and the governmental entity has established a local appeals board;
1566
(iii) the time limits for filing an appeal described in Subsection (7)(b)(ii), including
1567
an explanation of a suspension of the time limits, as provided in Subsections
1568
63G-2-403(1)(c) and 63G-2-404(1)(b), for a requester if the requester seeks
1569
mediation under Section 63A-12-111; and
1570
(iv) the name and business address of:
1571
(A) the executive secretary of the State Records Committee;
1572
(B) the individual designated as the contact individual for the appeals board, if the
1573
governmental entity is a political subdivision that has established an appeals
1574
board under Subsection 63G-2-701(5)(c); and
1575
(C) the government records ombudsman.
1576
[(8) A person aggrieved by a governmental entity's classification or designation
1577
determination under this chapter, but who is not requesting access to the records, may
1578
appeal that determination using the procedures provided in this section. If a
1579
nonrequester is the only appellant, the procedures provided in this section shall apply,
1580
except that the decision on the appeal shall be made within 30 days after receiving the
1581
notice of appeal.]
1582
[(9)] (8)(a) Except as provided in Subsection (8)(b), an interested party who is aggrieved
1583
by a governmental entity's record classification or designation under this chapter may
1584
appeal the governmental entity's determination as provided in this section.
1585
(b) If a governmental entity receives a notice of appeal as described in Subsection (8)(a),
1586
and the interested party is the only petitioner, the chief administrative officer shall
1587
respond no later than 30 days after the day on which the chief administrative officer
1588
receives notice of the appeal.
1589
(9) The duties of the chief administrative officer under this section may be delegated.
1590
Section 13. Section 63G-2-403 is amended to read:
1591
63G-2-403 . Appeals to the State Records Committee.
1592
(1)(a) A records committee [appellant] petitioner appeals to the State Records Committee
1593
by filing a notice of appeal with the executive secretary of the State Records
- 47 - S.B. 163 01-24 11:17
1594
Committee no later than 30 days after the date of issuance of the decision being
1595
appealed.
1596
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
1597
executive secretary of the State Records Committee no later than 45 days after the
1598
day on which the record request is made if:
1599
(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
1600
(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
1601
(c) The time for a requester to file a notice of appeal under Subsection (1)(a) or (b) is
1602
suspended for the period of time that:
1603
(i) begins the date the requester submits a request under Section 63A-12-111 for the
1604
government records ombudsman to mediate the dispute between the requester and
1605
the governmental entity; and
1606
(ii) ends the earlier of the following dates:
1607
(A) the date that the government records ombudsman certifies in writing that the
1608
mediation is concluded; or
1609
(B) the date that the government records ombudsman certifies in writing that the
1610
mediation did not occur or was not concluded because of a lack of the required
1611
consent.
1612
(2) The notice of appeal shall:
1613
(a) contain the name, mailing address, and daytime telephone number of the records
1614
committee [appellant] petitioner;
1615
(b) be accompanied by a copy of the decision being appealed; and
1616
(c) state the relief sought.
1617
(3) The records committee [appellant] petitioner:
1618
(a) shall, on the day on which the notice of appeal is filed with the State Records
1619
Committee, serve a copy of the notice of appeal on:
1620
(i) the governmental entity whose access denial or fee waiver denial is the subject of
1621
the appeal, if the records committee appellant is a requester or interested party; or
1622
(ii) the requester or interested party who is a party to the local appeals board
1623
proceeding that resulted in the decision that the political subdivision is appealing
1624
to the committee, if the records committee appellant is a political subdivision; and
1625
(b) may file a short statement of facts, reasons, and legal authority in support of the
1626
appeal.
1627
(4)(a) Except as provided in Subsections (4)(b) and (c), no later than seven business
- 48 - 01-24 11:17 S.B. 163
1628
days after [receiving a notice of appeal, the executive secretary of the State Records
1629
Committee] the day on which the executive secretary of the State Records Committee
1630
receives a notice of appeal, the executive secretary shall:
1631
(i) schedule a hearing for the State Records Committee to discuss the appeal at the
1632
next regularly scheduled committee meeting falling at least 16 days after the date
1633
the notice of appeal is filed but no [longer than 64] later than 90 calendar days
1634
after the [date] day on which the notice of appeal was filed, except that the
1635
committee may schedule an expedited hearing upon application of the records
1636
committee [appellant] petitioner and for good cause shown;
1637
(ii) send a copy of the notice of hearing to the records committee [appellant] petitioner;
1638
and
1639
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
1640
to:
1641
(A) each member of the State Records Committee;
1642
(B) the records officer and the chief administrative officer of the governmental
1643
entity whose access denial is the subject of the appeal, if the records committee [
1644
appellant] petitioner is a requester or interested party; and
1645
[(C) any person who made a business confidentiality claim under Section
1646
63G-2-309 for a record that is the subject of the appeal; and]
1647
[(D)] (C) [all persons] any person who participated in the proceedings before the
1648
governmental entity's chief administrative officer, if the appeal is of the chief
1649
administrative officer's decision affirming an access denial.
1650
(b)[(i)] The executive secretary, with approval of the State Records Committee chair,
1651
may decline to schedule a hearing if the record series that is the subject of the
1652
appeal [has been found by the committee in a previous hearing involving the same
1653
governmental entity to be appropriately classified as private, controlled, or
1654
protected] is substantially similar to an appeal previously decided by the State
1655
Records Committee.
1656
(c) If, in accordance with Subsection (4)(b), the executive secretary declines to schedule
1657
a hearing, the State Records Committee members may vote at the next regular
1658
meeting to:
1659
(i) render a decision and enter an order consistent with the previous decision; and
1660
(ii) provide the parties with notice of:
1661
(A) the decision and order; and
- 49 - S.B. 163 01-24 11:17
1662
(B) the right to appeal the decision and order, as described in Subsection (15).
1663
[(ii)] (iii)(A) If the executive secretary [of the State Records Committee ]declines
1664
to schedule a hearing, the executive secretary shall send a notice to the records
1665
committee [appellant] petitioner indicating that the request for hearing has been
1666
denied and the reason for the denial.
1667
(B) The State Records Committee shall make rules to implement the procedures
1668
described in this section [as provided by] in accordance with Title 63G, Chapter
1669
3, Utah Administrative Rulemaking Act.
1670
[(c)] (d) The executive secretary [of the State Records Committee ]may schedule a
1671
hearing on an appeal to the State Records Committee at a regularly scheduled State
1672
Records Committee meeting that is later than the period described in Subsection
1673
(4)(a)(i) if [that] the committee meeting is the first regularly scheduled State Records
1674
Committee meeting at which there are fewer than 10 appeals scheduled to be heard.
1675
(5)(a) No later than five business days before the day of the hearing, [a governmental
1676
entity shall submit to the executive secretary of the State Records Committee] each
1677
party shall provide the executive secretary with a written statement of facts, reasons,
1678
and legal authority in support of the [governmental entity's] party's position.
1679
(b)(i) The governmental entity shall send a copy of the written statement [by first
1680
class mail, postage prepaid, ]to the requester or interested party involved in the
1681
appeal by email.
1682
(ii) The executive secretary shall forward a copy of the written statement to each
1683
member of the State Records Committee.
1684
(6)(a) No later than [10] 15 business days [after the day on which the executive secretary
1685
sends the notice of appeal] before the day of the hearing, a person whose legal
1686
interests may be substantially affected by the proceeding may file a request for
1687
intervention with the State Records Committee.
1688
(b) Any written statement of facts, reasons, and legal authority in support of the
1689
intervener's position shall be filed with the request for intervention.
1690
(c) The person seeking intervention shall provide copies of the statement described in
1691
Subsection (6)(b) to all parties to the proceedings before the State Records
1692
Committee.
1693
(7) The State Records Committee shall hold a hearing within the period of time described in
1694
Subsection (4).
1695
(8)(a) At the hearing, the State Records Committee shall allow the parties to testify,
- 50 - 01-24 11:17 S.B. 163
1696
present evidence, and comment on the issues.
1697
(b) The committee may allow other interested persons to comment on the issues.
1698
(9)(a)(i) The State Records Committee:
1699
(A) may review the disputed records; and
1700
(B) shall review the disputed records, if the committee is weighing the various
1701
interests under Subsection (11).
1702
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
1703
(b) Members of the State Records Committee may not disclose any information or
1704
record reviewed by the committee in camera unless the disclosure is otherwise
1705
authorized [by] under this chapter.
1706
(10)(a) [Discovery is prohibited, but the] The State Records Committee may issue
1707
subpoenas or other orders to compel production of necessary evidence.
1708
(b) When the subject of a State Records Committee subpoena disobeys or fails to
1709
comply with the subpoena, the committee may file a motion for an order to compel [
1710
obedience to the subpoena ]with the district court.
1711
(c)(i) The State Records Committee's review shall be de novo, if the appeal is an
1712
appeal from a decision of a chief administrative officer:
1713
(A) issued under Section 63G-2-401; or
1714
(B) issued by a chief administrative officer of a political subdivision that has not
1715
established a local appeals board.
1716
(ii) For an appeal from a decision of a local appeals board, the State Records
1717
Committee shall review and consider the decision of the local appeals board.
1718
(11)(a) No later than seven business days after the day of the hearing, the State Records
1719
Committee shall issue a signed order:
1720
(i) granting the relief sought, in whole or in part; or
1721
(ii) upholding the governmental entity's access denial, in whole or in part.
1722
(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
1723
consideration and weighing of the various interests and public policies [pertinent]
1724
relating to the classification and disclosure or nondisclosure of a record, order the
1725
disclosure of information properly classified as private, controlled, or protected if the
1726
public interest favoring access is greater than or equal to the interest favoring
1727
restriction of access.
1728
(c) In making a determination under Subsection (11)(b), the State Records Committee
1729
shall consider and, where appropriate, limit the requester's or interested party's use
- 51 - S.B. 163 01-24 11:17
1730
and further disclosure of the record in order to protect:
1731
(i) privacy interests in the case of a private or controlled record;
1732
(ii) business confidentiality interests in the case of a record protected under
1733
Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
1734
(iii) privacy interests or the public interest in the case of other protected records.
1735
(12) The order of the State Records Committee shall include:
1736
(a) a statement of reasons for the decision, including citations to this chapter, court rule
1737
or order, another state statute, federal statute, or federal regulation that governs
1738
disclosure of the record, if the citations do not disclose private, controlled, or
1739
protected information;
1740
(b) a description of the record or portions of the record to which access was ordered or
1741
denied, if the description does not disclose private, controlled, or protected
1742
information or information exempt from disclosure under Subsection 63G-2-201(3)(b);
1743
(c) a statement that any party to the proceeding before the State Records Committee may
1744
appeal the committee's decision to district court; and
1745
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
1746
notice that in order to protect [its] a party's rights on appeal, the party may wish to
1747
seek advice from an attorney.
1748
(13) If the State Records Committee fails to issue a decision within 73 calendar days of the
1749
filing of the notice of appeal, that failure is the equivalent of an order denying the
1750
appeal. A records committee appellant shall notify the State Records Committee in
1751
writing if the records committee appellant considers the appeal denied.
1752
(14) A party to a proceeding before the State Records Committee may seek judicial review
1753
in district court of a State Records Committee order by filing a petition for review [of
1754
the order ]as provided in Section 63G-2-404.
1755
(15)(a) Unless [a notice of intent to] an appeal is filed under Subsection [(15)(b)] (14),
1756
each party to the proceeding shall comply with the order of the State Records
1757
Committee.
1758
[(b) If a party disagrees with the order of the State Records Committee, that party may
1759
file a notice of intent to appeal the order.]
1760
[(c)] (b) If the State Records Committee orders the governmental entity to produce a
1761
record and no appeal is timely filed, or if, as a result of the appeal, the governmental
1762
entity is required to produce a record, the governmental entity shall:
1763
(i) produce the record; and
- 52 - 01-24 11:17 S.B. 163
1764
(ii) file a notice of compliance with the committee.
1765
[(d)] (c)(i) If the governmental entity that is ordered to produce a record fails to file a
1766
notice of compliance or [a notice of intent to] to timely file an appeal, the State
1767
Records Committee may[ do either or both of the following]:
1768
(A) impose a civil penalty of up to $500 for each day of continuing
1769
noncompliance; or
1770
(B) send written notice of the governmental entity's noncompliance to the
1771
governor.
1772
(ii) In imposing a civil penalty under Subsection (15)(c)(i)(A), the State Records
1773
Committee shall consider the gravity and circumstances of the violation, including
1774
whether the failure to comply was due to neglect or was willful or intentional.
1775
(16)(a) The executive secretary may decline to schedule a hearing regarding a disputed
1776
fee, fee amount, or fee waiver if the executive secretary and the committee chair
1777
agree that the petition for hearing is without merit.
1778
(b) At the chair's direction, the executive secretary may request that the governmental
1779
entity provide information regarding how the fee was calculated.
1780
(17)(a) If the executive secretary declines to schedule a hearing under Subsection (16)(a),
1781
the executive secretary shall send a notice to the parties indicating:
1782
(i) that the request for a hearing has been denied; and
1783
(ii) whether the petition is granted or denied.
1784
(b) The committee shall:
1785
(i) vote at the next regular meeting to accept or reject the recommendation to respond
1786
to the petition without a hearing; and
1787
(ii) issue an order that includes the reasons for the committee's decision to accept or
1788
reject the recommendation.
1789
Section 14. Section 63G-2-501 is amended to read:
1790
63G-2-501 . State Records Committee created -- Membership -- Terms --
1791
Vacancies -- Expenses.
1792
(1) [There is created the State Records Committee within the Department of Government
1793
Operations consisting of the following seven individuals] The State Records Committee
1794
is created within the Department of Government Operations and consists of the
1795
following seven individuals:
1796
(a) an individual [in the private sector ]whose profession requires the individual to [
1797
create or ]manage records[ that, if created by a governmental entity, would be private
- 53 - S.B. 163 01-24 11:17
1798
or controlled];
1799
(b) an individual with experience with [electronic records and databases, as
1800
recommended by a statewide technology advocacy organization that represents the
1801
public, private, and nonprofit sectors] databases or data management;
1802
(c) the director of the Division of Archives and Records Services or the director's
1803
designee;
1804
(d) [two citizen members] one citizen member;
1805
(e) one [person] individual representing political subdivisions, as recommended by the
1806
Utah League of Cities and Towns; [and]
1807
(f) one individual representing the news media[.] ; and
1808
(g) one individual with professional experience in law enforcement.
1809
(2) The governor shall appoint or reappoint the members described in [Subsections (1)(a),
1810
(b), (d), (e), and (f)] Subsection (1) with the advice and consent of the Senate in
1811
accordance with Chapter 24, Part 2, Vacancies.
1812
(3)(a) Except as provided in Subsection (3)(b), the governor shall appoint each member
1813
to a four-year term.
1814
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or
1815
reappointment, adjust the length of terms to ensure that the terms of committee
1816
members are staggered so that approximately half of the committee is appointed
1817
every two years.
1818
(c) Each appointed member is eligible for reappointment for one additional term.
1819
(4) When a vacancy occurs in the membership for any reason, the governor shall, with the
1820
advice and consent of the Senate in accordance with Chapter 24, Part 2, Vacancies,
1821
appoint a replacement for the unexpired term.
1822
(5) A member of the State Records Committee may not receive compensation or benefits
1823
for the member's service on the committee, but may receive per diem and travel
1824
expenses in accordance with:
1825
(a) Section 63A-3-106;
1826
(b) Section 63A-3-107; and
1827
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1828
(6) A member described in [Subsection (1)(a), (b), (d), (e), or (f)] Subsection (1) shall
1829
comply with the conflict of interest provisions described in Chapter 24, Part 3, Conflicts
1830
of Interest.
1831
Section 15. Section 63G-2-502 is amended to read:
- 54 - 01-24 11:17 S.B. 163
1832
63G-2-502 . State Records Committee -- Duties.
1833
(1) The State Records Committee shall:
1834
(a) hear appeals from determinations of access under Section 63G-2-403;
1835
(b) hear appeals regarding disputed fees under Section 63G-2-203;
1836
[(b)] (c) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d);
1837
and
1838
[(c)] (d) appoint a chair from among the committee's members.
1839
(2) The State Records Committee may:
1840
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1841
Rulemaking Act, to govern the committee's proceedings; and
1842
(b) by order, after notice and hearing, reassign classification and designation for any
1843
record series by a governmental entity if the governmental entity's classification or
1844
designation is inconsistent with this chapter.
1845
(3)(a) The State Records Committee shall annually appoint an executive secretary to
1846
provide administrative support to the committee.
1847
(b) The executive secretary is not a voting member of the committee.
1848
(4) [Five] Four members of the State Records Committee are a quorum for the transaction of
1849
business.
1850
(5) The state archives shall provide staff and support services for the State Records
1851
Committee.
1852
(6)(a) If the State Records Committee reassigns the classification or designation of a
1853
record or record series under Subsection (2)(b), any affected governmental entity or
1854
any other interested [person] party may appeal the reclassification or redesignation to
1855
the district court.
1856
(b) The district court shall hear the matter de novo.
1857
(7) The Office of the Attorney General shall provide counsel to the State Records
1858
Committee.
1859
Section 16. Section 63G-2-604 is amended to read:
1860
63G-2-604 . Retention and disposition of records.
1861
(1)(a) Except for a governmental entity that is permitted to maintain the governmental
1862
entity's own retention schedules under Part 7, Applicability to Political Subdivisions,
1863
the Judiciary, the Legislature, and the Governor and Lieutenant Governor, each
1864
governmental entity shall file with the Records Management Committee created in
1865
Section 63A-12-112 a proposed schedule for the retention and disposition of each
- 55 - S.B. 163 01-24 11:17
1866
type of material that is defined as a record under this chapter.
1867
(b) After a retention schedule is reviewed and approved by the Records Management
1868
Committee under Subsection 63A-12-113(1)(b), the governmental entity shall
1869
maintain and destroy records in accordance with the retention schedule.
1870
(c) If a governmental entity subject to the provisions of this [section] Subsection (1) has
1871
not received an approved retention schedule from the Records Management
1872
Committee for a specific type of material that is defined as a record under this
1873
chapter, the general retention schedule maintained by the state archivist shall govern
1874
the retention and destruction of that type of material.
1875
(2) A retention schedule that is filed with or approved by the Records Management
1876
Committee under the requirements of this section is a public record.
1877
(3) A governmental entity shall, on an annual basis, before August 1:
1878
(a) review the governmental entity's records retention requirements;
1879
(b) update the governmental entity's records retention requirements, if needed;
1880
(c) determine whether the governmental entity is complying with the records retention
1881
requirements; and
1882
(d) take necessary action to ensure compliance with the records retention requirements.
1883
Section 17. Section 63G-2-605 is enacted to read:
1884
63G-2-605 . Employee education on government records requirements.
1885
A governmental entity shall comply with the applicable employee education
1886
requirements described in Section 63A-12-117.
1887
Section 18. Section 63G-2-701 is amended to read:
1888
63G-2-701 . Political subdivisions may adopt ordinances in compliance with
1889
chapter -- Appeal process.
1890
(1) As used in this section:
1891
(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
1892
(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
1893
(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
1894
(2)(a) Each political subdivision may adopt an ordinance or a policy [applicable
1895
throughout its jurisdiction] within the political subdivision's jurisdiction relating to
1896
information practices including classification, designation, access, denials,
1897
segregation, appeals, management, retention, and amendment of records.
1898
(b) The ordinance or policy shall:
1899
(i) comply with the criteria [set forth] described in this section[.] ;
- 56 - 01-24 11:17 S.B. 163
1900
(ii) provide guidance to staff and elected officials regarding the use of a personal
1901
device or account when conducting government business;
1902
(iii) assign records management staff specific responsibilities related to records
1903
management; and
1904
(iv) be approved by the political subdivision's governing body.
1905
(c) A political subdivision shall:
1906
(i) regularly train staff and elected officials on the records retention ordinance or
1907
policy; and
1908
(ii) implement a process to monitor and encourage compliance with the ordinance or
1909
policy by staff and elected officials.
1910
[(c)] (d) [If any] A political subdivision that does not adopt and maintain an ordinance or
1911
policy[, then that political subdivision] is subject to this chapter.
1912
[(d)] (e) Notwithstanding the adoption of an ordinance or policy, each political
1913
subdivision is subject to Part 1, General Provisions, Part 3, Classification, and
1914
Sections 63A-12-105, 63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206,
1915
63G-2-601, and 63G-2-602.
1916
[(e)] (f) [Every] A political subdivision shall file the political subdivision's ordinance,
1917
policy, [or] and each amendment to the ordinance or policy [shall be filed ]with [the ]
1918
state archives no later than 30 days after [its] the effective date of the ordinance,
1919
policy, or amendment.
1920
[(f)] (g) The political subdivision shall [also report to the state archives] provide to state
1921
archives all retention schedules[,] and all designations and classifications applied to a
1922
record series [maintained by] that the political subdivision maintains.
1923
[(g)] (h)(i) [The report required by Subsection (2)(f) is notification to state archives of
1924
the political subdivision's retention schedules, designations, and classifications.
1925
The report] The information provided under Subsection (2)(g) is not subject to
1926
approval by state archives.
1927
(ii) If state archives determines that a different retention schedule is needed for state
1928
purposes, state archives shall notify the political subdivision of the state's retention
1929
schedule for the records and shall maintain the records if requested to do so under
1930
Subsection 63A-12-105(2).
1931
(3) Each political subdivision's ordinance or policy relating to information practices shall:
1932
(a) provide standards for [the] record classification and designation [of the records of the
1933
political subdivision ]as public, private, controlled, or protected in accordance with
- 57 - S.B. 163 01-24 11:17
1934
Part 3, Classification;
1935
(b) require [the] record classification [of the records of the political subdivision ]in
1936
accordance with [those] the standards described in Subsection (3)(a);
1937
(c) provide guidelines for [establishment of] establishing fees in accordance with Section
1938
63G-2-203; and
1939
(d) provide management and retention standards [for the management and retention of
1940
the records of the political subdivision ]comparable to Section 63A-12-103.
1941
(4)(a) Each ordinance or policy shall establish:
1942
(i) access criteria, procedures, and response times for requests to inspect, obtain, or
1943
amend records[ of the political subdivision,] ; and
1944
(ii) time limits for appeals consistent with this chapter.
1945
(b) [In establishing response times for access requests and time limits for appeals, the
1946
political subdivision may establish reasonable time frames different than those set out
1947
in Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the
1948
political subdivision are insufficient to meet the requirements of those sections] In
1949
establishing response times for access requests and time limits for appeals, if a
1950
political subdivision determines that the political subdivision's resources are
1951
insufficient to meet the requirements under this chapter, the political subdivision may
1952
set reasonable time frames different than the time frames described in Section
1953
63G-2-204 and Part 4, Appeals.
1954
(5)(a) A political subdivision shall establish an appeals process for [persons] a person
1955
aggrieved by a classification, designation, or access [decisions] decision.
1956
(b) A political subdivision's appeals process shall include a process for a requester or
1957
interested party to appeal an access denial, [to a person designated by the political
1958
subdivision as] as described in Section 63G-2-401, to the individual designated as the
1959
chief administrative officer[ for purposes of an appeal under Section 63G-2-401].
1960
(c)(i) A political subdivision may establish an appeals board to decide an appeal of a
1961
decision of the chief administrative officer affirming an access denial.
1962
(ii) An appeals board established by a political subdivision shall be composed of
1963
three members:
1964
(A) one of whom shall be an employee of the political subdivision; and
1965
(B) two of whom shall be members of the public who are not employed by or
1966
officials of a governmental entity, at least one of whom shall have professional
1967
experience with requesting or managing records.
- 58 - 01-24 11:17 S.B. 163
1968
(iii) If a political subdivision establishes an appeals board, any appeal of a decision of
1969
a chief administrative officer shall be made to the appeals board.
1970
(iv) If a political subdivision does not establish an appeals board, the political
1971
subdivision's appeals process shall provide for an appeal of a chief administrative
1972
officer's decision to the State Records Committee, as provided in Section
1973
63G-2-403.
1974
(d) A political subdivision that establishes an appeals board shall notify the executive
1975
secretary no later than 30 days after the day on which the political subdivision
1976
establishes the appeals board.
1977
(6)(a) A political subdivision or requester may appeal an appeals board decision:
1978
(i) to the State Records Committee, as provided in Section 63G-2-403; or
1979
(ii) by filing a petition for judicial review with the district court.
1980
(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
1981
conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
1982
63G-2-404.
1983
(c) A person who appeals an appeals board decision to the State Records Committee
1984
does not lose or waive the right to seek judicial review of the State Records
1985
Committee decision[ of the State Records Committee].
1986
(7) [Any] A political subdivision that adopts an ordinance or policy under Subsection [(1)]
1987
(2) shall forward[ to state archives] a copy and summary description of the ordinance or
1988
policy to state archives.
1989
Section 19. Section 63G-2-801 is amended to read:
1990
63G-2-801 . Criminal penalties.
1991
(1)(a) A public employee or other [person] individual who has lawful access to any
1992
private, controlled, or protected record under this chapter, and who intentionally
1993
discloses, provides a copy of, or improperly uses a private, controlled, or protected
1994
record knowing that the disclosure or use is prohibited under this chapter, [is, ]except
1995
as provided in Subsection 53-5-708(1)(c), is guilty of a class B misdemeanor.
1996
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
1997
private, controlled, or protected information in the reasonable belief that the use or
1998
disclosure of the information was necessary to expose a violation of law involving
1999
government corruption, abuse of office, or misappropriation of public funds or
2000
property.
2001
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have
- 59 - S.B. 163 01-24 11:17
2002
lawfully been released to the recipient if it had been properly classified.
2003
(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
2004
other person disclosed, provided, or used the record based on a good faith belief that
2005
the disclosure, provision, or use was in accordance with the law.
2006
(2)(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
2007
copy of any private, controlled, or protected record to which the person is not legally
2008
entitled is guilty of a class B misdemeanor.
2009
(b) No person shall be guilty under Subsection (2)(a) who receives the record,
2010
information, or copy after the fact and without prior knowledge of or participation in
2011
the false pretenses, bribery, or theft.
2012
(3)(a) A public employee who intentionally refuses to release a record, the disclosure of
2013
which the employee knows is required by law, is guilty of a class B misdemeanor.
2014
(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
2015
failure to release the record was based on a good faith belief that the public employee
2016
was acting in accordance with the requirements of law.
2017
(c) A public employee who intentionally refuses to release a record, the disclosure of
2018
which the employee knows is required by a final unappealed order from a [
2019
government] governmental entity, the State Records Committee, or a court is guilty of
2020
a class B misdemeanor.
2021
(4)(a) As used in this Subsection (4), "pending records request" means that:
2022
(i) a person has made a record request; and
2023
(ii) the governmental entity:
2024
(A) has not denied the record request, but has not yet provided all records
2025
requested;
2026
(B) has denied the record request, in whole or in part, and the deadline for
2027
appealing the denial has not passed;
2028
(C) has denied the record request, in whole or in part, an appeal is filed in relation
2029
to the record request, and the appeal has not become final; or
2030
(D) is subject to an order to provide a record and has not yet fully complied with
2031
the order.
2032
(b) It is unlawful for an individual to destroy or delete a record that the individual
2033
knows, or has reason to know, may be responsive to a pending records request, with
2034
the intent of avoiding disclosure of the record or information in the record.
2035
(c) Violation of Subsection (4)(b) is a class B misdemeanor.
- 60 - 01-24 11:17 S.B. 163
2036
Section 20. Section 77-27-5 is amended to read:
2037
77-27-5 . Board of Pardons and Parole authority.
2038
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
2039
treason or impeachment, the board shall determine by majority decision when and
2040
under what conditions an offender's conviction may be pardoned or commuted.
2041
(b) The board shall determine by majority decision when and under what conditions an
2042
offender committed to serve a sentence at a penal or correctional facility, which is
2043
under the jurisdiction of the department, may:
2044
(i) be released upon parole;
2045
(ii) have a fine or forfeiture remitted;
2046
(iii) have the offender's criminal accounts receivable remitted in accordance with
2047
Section 77-32b-105 or 77-32b-106;
2048
(iv) have the offender's payment schedule modified in accordance with Section
2049
77-32b-103; or
2050
(v) have the offender's sentence terminated.
2051
(c) The board shall prioritize public safety when making a determination under
2052
Subsection (1)(a) or (1)(b).
2053
(d)(i) The board may sit together or in panels to conduct hearings.
2054
(ii) The chair shall appoint members to the panels in any combination and in
2055
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
2056
Utah Administrative Rulemaking Act.
2057
(iii) The chair may participate on any panel and when doing so is chair of the panel.
2058
(iv) The chair of the board may designate the chair for any other panel.
2059
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
2060
an open session, the board may not:
2061
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
2062
receivable;
2063
(B) release the offender on parole; or
2064
(C) commute, pardon, or terminate an offender's sentence.
2065
(ii) An action taken under this Subsection (1) other than by a majority of the board
2066
shall be affirmed by a majority of the board.
2067
(f) A commutation or pardon may be granted only after a full hearing before the board.
2068
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
2069
shall be given to the offender.
- 61 - S.B. 163 01-24 11:17
2070
(b) The county or district attorney's office responsible for prosecution of the case, the
2071
sentencing court, and law enforcement officials responsible for the defendant's arrest
2072
and conviction shall be notified of any board hearings through the board's website.
2073
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
2074
notified of original hearings and any hearing after that if notification is requested and
2075
current contact information has been provided to the board.
2076
(d)(i) Notice to the victim or the victim's representative shall include information
2077
provided in Section 77-27-9.5, and any related rules made by the board under that
2078
section.
2079
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
2080
reasonable for the lay person to understand.
2081
(3)(a) A decision by the board is final and not subject for judicial review if the decision
2082
is regarding:
2083
(i) a pardon, parole, commutation, or termination of an offender's sentence;
2084
(ii) the modification of an offender's payment schedule for restitution; or
2085
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
2086
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
2087
4, Open and Public Meetings Act, when the board is engaged in the board's
2088
deliberative process.
2089
(c) Pursuant to Subsection [63G-2-103(25)(b)(xi)] 63G-2-103(28)(b)(xi), records of the
2090
deliberative process are exempt from Title 63G, Chapter 2, Government Records
2091
Access and Management Act.
2092
(d) Unless it will interfere with a constitutional right, deliberative processes are not
2093
subject to disclosure, including discovery.
2094
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
2095
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
2096
power to grant respite or reprieves in all cases of convictions for offenses against the
2097
state, except treason or conviction on impeachment.
2098
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
2099
next session of the board.
2100
(c) At the next session of the board, the board:
2101
(i) shall continue or terminate the respite or reprieve; or
2102
(ii) may commute the punishment or pardon the offense as provided.
2103
(d) In the case of conviction for treason, the governor may suspend execution of the
- 62 - 01-24 11:17 S.B. 163
2104
sentence until the case is reported to the Legislature at the Legislature's next session.
2105
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
2106
execution.
2107
(5)(a) In determining when, where, and under what conditions an offender serving a
2108
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
2109
offender's criminal accounts receivable remitted, or have the offender's sentence
2110
commuted or terminated, the board shall:
2111
(i) consider whether the offender has made restitution ordered by the court under
2112
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
2113
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
2114
commutation or termination of the offender's sentence;
2115
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
2116
making determinations under this Subsection (5);
2117
(iii) consider information provided by the department regarding an offender's
2118
individual case action plan; and
2119
(iv) review an offender's status within 60 days after the day on which the board
2120
receives notice from the department that the offender has completed all of the
2121
offender's case action plan components that relate to activities that can be
2122
accomplished while the offender is imprisoned.
2123
(b) The board shall determine whether to remit an offender's criminal accounts
2124
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
2125
77-32b-106.
2126
(6) In determining whether parole may be terminated, the board shall consider:
2127
(a) the offense committed by the parolee; and
2128
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
2129
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
2130
parole in accordance with the adult sentencing and supervision length guidelines, as
2131
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
2132
requirements of the law.
2133
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
2134
determining whether parole should be granted or terminated for an offender.
2135
(9) The board may intervene as a limited-purpose party in a judicial or administrative
2136
proceeding, including a criminal action, to seek:
2137
(a) correction of an order that has or will impact the board's jurisdiction; or
- 63 - S.B. 163 01-24 11:17
2138
(b) clarification regarding an order that may impact the board's jurisdiction.
2139
(10) A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days
2140
after the day on which a court enters the order that impacts the board's jurisdiction.
2141
Section 21. Effective Date.
2142
This bill takes effect on May 7, 2025.
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