02-13 21:05 1st Sub. (Green) S.B. 163
Wayne A. Harper proposes the following substitute bill:
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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:
1st Sub. S.B. 163 1st Sub. (Green) S.B. 163 02-13 21:05
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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).
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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185 (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
419
county clerk determines that the nature of the address would directly reveal
420
sensitive information about the voter.
421
(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain, provide,
422
or use the information described in Subsection (4)(n) or (o), except to the extent that
423
the qualified person uses the information for a political purpose of a political party or
424
candidate for public office.
425
(5) When political parties not listed on the voter registration form qualify as registered
426
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures,
427
the lieutenant governor shall inform the county clerks of the name of the new political
428
party and direct the county clerks to ensure that the voter registration form is modified to
429
include that political party.
430
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
431
clerk's designee shall:
432
(a) review each voter registration form for completeness and accuracy; and
433
(b) if the county clerk believes, based upon a review of the form, that an individual may
434
be seeking to register or preregister to vote who is not legally entitled to register or
435
preregister to vote, refer the form to the county attorney for investigation and
436
possible prosecution.
437
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
438
person described in Subsection (4)(a)(i), the voter registration record, and information
- 13 - 1st Sub. (Green) S.B. 163 02-13 21:05
439
obtained from the voter registration record, of a protected individual.
440
(8)(a) The lieutenant governor shall design and distribute the withholding request form
441
described in Subsection (7) to each election officer and to each agency that provides
442
a voter registration form.
443
(b) An individual described in Subsection (1)(e)(i) is not required to provide
444
verification, other than the individual's attestation and signature on the withholding
445
request form, that the individual, or an individual who resides with the individual, is a
446
victim of domestic violence or dating violence or is likely to be a victim of domestic
447
violence or dating violence.
448
(c) The director of elections within the Office of the Lieutenant Governor shall make
449
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
450
establishing requirements for providing the verification described in Subsection
451
(1)(e)(ii).
452
(9) An election officer or an employee of an election officer may not encourage an
453
individual to submit, or discourage an individual from submitting, a withholding request
454
form.
455
(10)(a) The lieutenant governor shall make and execute a plan to provide notice to
456
registered voters who are protected individuals, that includes the following
457
information:
458
(i) that the voter's classification of the record as private remains in effect;
459
(ii) that certain non-identifying information from the voter's voter registration record
460
may, under certain circumstances, be released to political parties and candidates
461
for public office;
462
(iii) that the voter's name, driver license or identification card number, social security
463
number, email address, phone number, and the voter's day, month, and year of
464
birth will remain private and will not be released to political parties or candidates
465
for public office;
466
(iv) that a county clerk will only release the information to political parties and
467
candidates in a manner that does not associate the information with a particular
468
voter; and
469
(v) that a county clerk may, under certain circumstances, withhold other information
470
that the county clerk determines would reveal identifying information about the
471
voter.
472
(b) The lieutenant governor may include in the notice described in this Subsection (10) a
- 14 - 02-13 21:05 1st Sub. (Green) S.B. 163
473
statement that a voter may obtain additional information on the lieutenant governor's
474
website.
475
(c) The plan described in Subsection (10)(a) may include providing the notice described
476
in Subsection (10)(a) by:
477
(i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
478
(ii) publication on the lieutenant governor's website or a county's website;
479
(iii) posting the notice in public locations;
480
(iv) publication in a newspaper;
481
(v) sending notification to the voters by electronic means;
482
(vi) sending notice by other methods used by government entities to communicate
483
with citizens; or
484
(vii) providing notice by any other method.
485
(d) The lieutenant governor shall provide the notice included in a plan described in this
486
Subsection (10) before June 16, 2023.
487
Section 2. Section 20A-11-1205 is amended to read:
488
20A-11-1205 . Use of public email for a political purpose.
489
(1) Except as provided in Subsection (5), a person may not send an email using the email of
490
a public entity:
491
(a) for a political purpose;
492
(b) to advocate for or against a proposed initiative, initiative, proposed referendum,
493
referendum, a proposed bond, a bond, or any ballot proposition; or
494
(c) to solicit a campaign contribution.
495
(2)(a) The lieutenant governor shall, after giving the person and the complainant notice
496
and an opportunity to be heard, impose a civil fine against a person who violates
497
Subsection (1) as follows:
498
(i) up to $250 for a first violation; and
499
(ii) except as provided in Subsection (3), for each subsequent violation committed
500
after the lieutenant governor imposes a fine against the person for a first violation,
501
$1,000 multiplied by the number of violations committed by the person.
502
(b) A person may, within 30 days after the day on which the lieutenant governor
503
imposes a fine against the person under this Subsection (2), appeal the fine to a
504
district court.
505
(3) The lieutenant governor shall consider a violation of this section as a first violation if
506
the violation is committed more than seven years after the day on which the person last
- 15 - 1st Sub. (Green) S.B. 163 02-13 21:05
507
committed a violation of this section.
508
(4) For purposes of this section, one violation means one act of sending an email, regardless
509
of the number of recipients of the email.
510
(5) A person does not violate this section if:
511
(a) the lieutenant governor finds that the email described in Subsection (1) was
512
inadvertently sent by the person using the email of a public entity;
513
(b) the person is directly providing information solely to another person or a group of
514
people in response to a question asked by the other person or group of people;
515
(c) the information the person emails is an argument or rebuttal argument prepared
516
under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing
517
argument and rebuttal argument that:
518
(i) relates to the same proposed initiative, initiative, proposed referendum, or
519
referendum; and
520
(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
521
(d) the person is engaging in:
522
(i) an internal communication solely within the public entity;
523
(ii) a communication solely with another public entity;
524
(iii) a communication solely with legal counsel;
525
(iv) a communication solely with the sponsors of an initiative or referendum;
526
(v) a communication solely with a land developer for a project permitted by a local
527
land use law that is challenged by a proposed referendum or a referendum; or
528
(vi) a communication solely with a person involved in a business transaction directly
529
relating to a project described in Subsection (5)(d)(v).
530
(6) A violation of this section does not invalidate an otherwise valid election.
531
(7) An email sent in violation of Subsection (1), as determined by the records officer,
532
constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of
533
Title 63G, Chapter 2, Government Records Access and Management Act,
534
notwithstanding any applicability of Subsection [63G-2-103(25)(b)(i)]
535
63G-2-103(28)(b)(i).
536
Section 3. Section 63A-12-117 is enacted to read:
537
63A-12-117 . Summary of government records requirements -- Provision to
538
employee of a governmental entity.
539
(1) As used in this section:
540
(a) "Summary" means the one-page summary developed and updated by the division
- 16 - 02-13 21:05 1st Sub. (Green) S.B. 163
541
under Subsection (2).
542
(b) "Summary" includes, in relation to a governmental entity that adopts an ordinance or
543
policy under Section 63G-2-701, the supplement developed and updated by the
544
governmental entity in accordance with Subsection (3).
545
(2) The division shall:
546
(a) before September 1, 2025, develop a one-page summary of Title 63G, Chapter 2,
547
Government Records Access and Management Act, to instruct an employee of a
548
governmental entity on legal requirements relating to records, including information
549
on:
550
(i) a citizen's ability to access public records;
551
(ii) the classification and retention of records;
552
(iii) the confidentiality of records that are not public records;
553
(iv) criminal penalties relating to government records; and
554
(v) where the employee may obtain additional information on questions relating to
555
government records;
556
(b) update the summary before September 1 each year; and
557
(c) post a copy of the summary in a conspicuous place on the division's website.
558
(3) A governmental entity that adopts an ordinance or policy under Section 63G-2-701 shall:
559
(a) before November 1, 2025, develop a supplement to the summary described in
560
Subsection (2) that:
561
(i) describes provisions in the ordinance or policy that differ from, or add to, the
562
provisions of the summary described in Subsection (2); and
563
(ii) does not exceed one page;
564
(b) update the supplement before November 1 each year; and
565
(c) post a copy of the supplement, with the summary described in Subsection (2), in a
566
conspicuous place on the governmental entity's website.
567
(4) A governmental entity described in Subsection (3) shall:
568
(a) on an annual basis, within 30 days after the day on which the governmental entity
569
develops or updates the supplement described in Subsection (3), provide each
570
employee of the governmental entity with a copy of the summary; and
571
(b) within 30 days after the day on which the governmental entity hires an employee,
572
provide the employee with a copy of the summary.
573
(5) A governmental entity, other than a governmental entity described in Subsection (3),
574
shall:
- 17 - 1st Sub. (Green) S.B. 163 02-13 21:05
575
(a) on an annual basis, within 30 days after the day on which the division develops or
576
updates the summary, provide each employee of the governmental entity with a copy
577
of the summary; and
578
(b) within 30 days after the day on which the governmental entity hires an employee,
579
provide the employee with a copy of the summary.
580
Section 4. Section 63G-2-102 is amended to read:
581
63G-2-102 . Legislative intent.
582
(1) In enacting this act, the Legislature recognizes[ two constitutional rights]:
583
(a) the public's right of access to [information] records concerning the conduct of the
584
public's business; and
585
(b) the right of privacy in relation to personal data gathered by governmental entities.
586
(2) The Legislature also recognizes a public policy interest in allowing a government to
587
restrict access to certain records, as specified in this chapter, for the public good.
588
(3) It is the intent of the Legislature to:
589
(a) promote the public's right of easy and reasonable access to unrestricted public
590
records;
591
(b) specify those conditions under which the public interest in allowing restrictions on
592
access to records may outweigh the public's interest in access;
593
(c) prevent abuse of confidentiality by governmental entities by permitting confidential
594
treatment of records only as provided in this chapter;
595
(d) provide guidelines for both disclosure and restrictions on access to government
596
records, which are based on the equitable weighing of the pertinent interests and
597
which are consistent with nationwide standards of information practices;
598
(e) favor public access when, in the application of this act, countervailing interests are of
599
equal weight; and
600
(f) establish fair and reasonable records management practices.
601
Section 5. Section 63G-2-103 is amended to read:
602
63G-2-103 . Definitions.
603
As used in this chapter:
604
(1) "Audit" means:
605
(a) a systematic examination of financial, management, program, and related records for
606
the purpose of determining the fair presentation of financial statements, adequacy of
607
internal controls, or compliance with laws and regulations; or
608
(b) a systematic examination of program procedures and operations for the purpose of
- 18 - 02-13 21:05 1st Sub. (Green) S.B. 163
609
determining [their] the program's effectiveness, economy, efficiency, and compliance
610
with statutes and regulations.
611
(2) "Chief administrative officer" means the chief administrative officer of a governmental
612
entity who is responsible to fulfill the duties described in Section 63A-12-103.
613
(3) "Chronological logs" mean the regular and customary summary records of law
614
enforcement agencies and other public safety agencies that show:
615
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
616
and
617
(b) any arrests or jail bookings made by the agency.
618
[(3)] (4) "Classification[,]" ["classify," and their derivative forms mean determining whether]
619
means the designation of a record series, record, or information within a record [is ] as:
620
(a) public[,] ;
621
(b) private[,] ;
622
(c) controlled[,] ;
623
(d) protected[,] ; or[ ]
624
(e) exempt from disclosure under Subsection 63G-2-201(3)(b).
625
(5) "Classify" means the process of designating or determining the classification of a record
626
series, record, or information within a record.
627
[(4)] (6)(a) "Computer program" means:
628
(i) a series of instructions or statements that [permit] permits the functioning of a
629
computer system in a manner designed to provide storage, retrieval, and
630
manipulation of data from the computer system; and
631
(ii) any associated documentation and source material that explain how to operate the
632
computer program.
633
(b) "Computer program" does not mean:
634
(i) the original data, including numbers, text, voice, graphics, and images;
635
(ii) analysis, compilation, and other manipulated forms of the original data produced
636
by use of the program; or
637
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
638
algorithms contained in the program, that would be used if the manipulated forms
639
of the original data were to be produced manually.
640
[(5)] (7)(a) "Contractor" means:
641
(i) [any] a person who contracts with a governmental entity to provide goods or
642
services directly to a governmental entity; or
- 19 - 1st Sub. (Green) S.B. 163 02-13 21:05
643
(ii) [any] a private, nonprofit organization that receives funds from a governmental
644
entity.
645
(b) "Contractor" does not [mean] include a private provider.
646
[(6)] (8) "Controlled record" means a record containing data [on individuals] on an individual
647
that is controlled as [provided by] described in Section 63G-2-304.
648
[(7)] (9) ["Designation," "designate," and their derivative forms mean indicating]
649
"Designate," in relation to a record series, means, based on a governmental entity's
650
familiarity with a record series or based on a governmental entity's review of a
651
reasonable sample of a record series, specifying the primary classification that a
652
majority of records in a record series would be given if classified and the classification
653
that other records typically present in the record series would be given if classified.
654
[(8)] (10) "Elected official" means [each person] an individual elected to a state office,
655
county office, municipal office, school board or school district office, special district
656
office, or special service district office, but does not include judges.
657
[(9)] (11) "Explosive" means a chemical compound, device, or mixture:
658
(a) commonly used or intended for the purpose of producing an explosion; and
659
(b) that contains oxidizing or combustive units or other ingredients in proportions,
660
quantities, or packing so that:
661
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
662
compound or mixture may cause a sudden generation of highly heated gases; and
663
(ii) the resultant gaseous pressures are capable of:
664
(A) producing destructive effects on contiguous objects; or
665
(B) causing death or serious bodily injury.
666
[(10)] (12) "Government audit agency" means any governmental entity that conducts an
667
audit.
668
[(11)] (13)(a) "Governmental entity" means:
669
(i) executive department agencies of the state, the offices of the governor, lieutenant
670
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
671
and Parole, the Board of Examiners, the National Guard, the Career Service
672
Review Office, the State Board of Education, the Utah Board of Higher
673
Education, and the State Archives;
674
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
675
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
676
legislative committees, except any political party, group, caucus, or rules or sifting
- 20 - 02-13 21:05 1st Sub. (Green) S.B. 163
677
committee of the Legislature;
678
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
679
administrative units in the judicial branch;
680
(iv) any state-funded institution of higher education or public education; or
681
(v) [any] a political subdivision of the state,[ but, if a political subdivision has
682
adopted an ordinance or a policy relating to information practices pursuant to
683
Section 63G-2-701, this chapter shall apply to the political subdivision to the
684
extent specified in Section 63G-2-701 or as specified in any other section of this
685
chapter that specifically refers to political subdivisions.] except to the extent
686
expressly provided otherwise in this chapter, including to the extent otherwise
687
provided in Section 63G-2-701.
688
(b) "Governmental entity" [also means] includes:
689
(i) every office, agency, board, bureau, committee, department, advisory board, or
690
commission of an entity listed in Subsection [(11)(a)] (13)(a) that is funded or
691
established by the government to carry out the public's business;
692
(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
693
undertaking, except for the Water District Water Development Council created
694
pursuant to Section 11-13-228;
695
(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
696
(iv) an association as defined in Section 53G-7-1101;
697
(v) the Utah Independent Redistricting Commission; and
698
(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
699
more law enforcement officers, as defined in Section 53-13-103.
700
(c) "Governmental entity" does not include the Utah Educational Savings Plan created in
701
Section 53B-8a-103.
702
[(12)] (14) "Gross compensation" means every form of remuneration payable for a given
703
period to an individual for services provided including salaries, commissions, vacation
704
pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind,
705
and any similar benefit received from the individual's employer.
706
[(13)] (15) "Individual" means a human being.
707
[(14)] (16)(a) "Initial contact report" means an initial written or recorded report, however
708
titled, prepared by [peace officers] a peace officer who is engaged in public patrol or
709
response duties [describing] that describes official actions initially taken in response
710
to [either ]a public complaint about or the discovery of an apparent violation of law,
- 21 - 1st Sub. (Green) S.B. 163 02-13 21:05
711
which report may describe:
712
(i) the date, time, location, and nature of the complaint, the incident, or offense;
713
(ii) [names of victims] the victim's name;
714
(iii) the nature or general scope of the agency's initial actions taken in response to the
715
incident;
716
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
717
(v) the name, address, and other identifying information about [any person] an
718
individual who is arrested or charged in connection with the incident; or
719
(vi) the identity of the public safety personnel, except undercover personnel, or
720
prosecuting attorney involved in responding to the initial incident.
721
(b) "Initial contact [reports do] report" does not include:
722
(i) a follow-up or investigative [reports] report prepared after the initial contact report[.
723
However, if the information specified in Subsection (14)(a) appears in follow-up
724
or investigative reports, it may only be treated confidentially if it is private,
725
controlled, protected, or exempt from disclosure under Subsection 63G-2-201
726
(3)(b).] ; or
727
[(c)] (ii) [Initial contact reports do not include] an accident [reports] report, as that term
728
is described in Title 41, Chapter 6a, Part 4, Accident Responsibilities.
729
[(15)] (17) "Legislative body" means the Legislature.
730
[(16)] (18)(a) "Media representative" means an individual who requests a record to
731
obtain information for a story or report for a news publication or a news broadcast to
732
the general public.
733
(b) "Media representative" does not include an individual who requests a record to
734
obtain information for a blog, podcast, social media account, or other mass
735
communication methods generally available for a member of the public to
736
disseminate opinions or information.
737
(19) "Notice of compliance" means a statement confirming that a governmental entity has
738
complied with an order of the State Records Committee.
739
[(17) "Person" means:]
740
[(a) an individual;]
741
[(b) a nonprofit or profit corporation;]
742
[(c) a partnership;]
743
[(d) a sole proprietorship;]
744
[(e) other type of business organization; or]
- 22 - 02-13 21:05 1st Sub. (Green) S.B. 163
745
[(f) any combination acting in concert with one another.]
746
[(18)] (20) "Personal identifying information" means the same as that term is defined in
747
Section 63A-12-100.5.
748
[(19)] (21) "Privacy annotation" means the same as that term is defined in Section
749
63A-12-100.5.
750
[(20)] (22) "Private provider" means any person who contracts with a governmental entity to
751
provide services directly to the public.
752
[(21)] (23) "Private record" means a record containing data on [individuals] an individual
753
that is private as provided by Section 63G-2-302.
754
[(22)] (24) "Protected record" means a record that is classified protected as provided by
755
Section 63G-2-305.
756
[(23)] (25) "Public record" means a record that is not private, controlled, or protected and
757
that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
758
[(24)] (26) "Reasonable search" means a search that is:
759
(a) reasonable in scope and intensity; and
760
(b) not unreasonably burdensome for the government entity.
761
(27) "Reasonable specificity" means a request for a record or multiple records that:
762
(a) describes the requested records' scope, nature, content, or subject; and
763
(b) for records that will be searched electronically, specifies the names, words, or
764
symbols to be used as search terms.
765
[(25)] (28)(a) "Record" means [a book, letter, document, paper, map, plan, photograph,
766
film, card, tape, recording, electronic data, or other documentary material regardless
767
of physical form or characteristics] recorded information, regardless of medium,
768
characteristics, or location:
769
(i) that is prepared, owned, received, or retained by a governmental entity or political
770
subdivision; and
771
(ii) where all of the information in the original is reproducible by photocopy or other
772
mechanical or electronic means.
773
(b) "Record" does not include:
774
(i) a personal note or personal communication prepared or received by an employee
775
or officer of a governmental entity:
776
(A) in a capacity other than the employee's or officer's governmental capacity; or
777
(B) that is unrelated to the conduct of the public's business;
778
(ii) a temporary draft or similar material prepared for the originator's personal use or
- 23 - 1st Sub. (Green) S.B. 163 02-13 21:05
779
prepared by the originator for the personal use of an individual for whom the
780
originator is working;
781
(iii) material that is legally owned by an individual in the individual's private capacity;
782
(iv) material to which access is limited by the laws of copyright or patent unless the
783
copyright or patent is owned by a governmental entity or political subdivision;
784
(v) proprietary software;
785
(vi) junk mail or a commercial publication received by a governmental entity or an
786
official or employee of a governmental entity;
787
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
788
of a library open to the public;
789
(viii) material that is cataloged, indexed, or inventoried and contained in the
790
collections of a library open to the public, regardless of physical form or
791
characteristics of the material;
792
(ix) a daily calendar[ ];
793
(x) a note prepared by the originator for the originator's own use or for the sole use of
794
an individual for whom the originator is working;
795
(xi) a computer program that is developed or purchased by or for [any] a
796
governmental entity for [its] the governmental entity's own use;
797
(xii) a note or internal memorandum prepared as part of the deliberative process by:
798
(A) a member of the judiciary;
799
(B) an administrative law judge;
800
(C) a member of the Board of Pardons and Parole; or
801
(D) a member of any other body, other than an association or appeals panel as
802
defined in Section 53G-7-1101, charged by law with performing a
803
quasi-judicial function;
804
(xiii) a telephone number or similar code used to access a mobile communication
805
device that is used by an employee or officer of a governmental entity, provided
806
that the employee or officer of the governmental entity has designated at least one
807
business telephone number that is a public record as provided in Section
808
63G-2-301;
809
(xiv) information provided by the Public Employees' Benefit and Insurance Program,
810
created in Section 49-20-103, to a county to enable the county to calculate the
811
amount to be paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
812
(xv) information that an owner of unimproved property provides to a local entity as
- 24 - 02-13 21:05 1st Sub. (Green) S.B. 163
813
provided in Section 11-42-205;
814
(xvi) a video or audio recording of an interview, or a transcript of the video or audio
815
recording, that is conducted at a Children's Justice Center established under
816
Section 67-5b-102;
817
(xvii) child sexual abuse material, as defined by Section 76-5b-103;
818
(xviii) before final disposition of an ethics complaint occurs, a video or audio
819
recording of the closed portion of a meeting or hearing of:
820
(A) a Senate or House Ethics Committee;
821
(B) the Independent Legislative Ethics Commission;
822
(C) the Independent Executive Branch Ethics Commission, created in Section
823
63A-14-202; or
824
(D) the Political Subdivisions Ethics Review Commission established in Section
825
63A-15-201;
826
(xix) confidential communication described in Section 58-60-102, 58-61-102, or
827
58-61-702;
828
(xx) any item described in Subsection (25)(a) that is:
829
(A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
830
(B) shared between any of the following entities:
831
(I) the Division of Risk Management;
832
(II) the Office of the Attorney General;
833
(III) the governor's office; or
834
(IV) the Legislature; or
835
(xxi) the email address that a candidate for elective office provides to a filing officer
836
under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv).
837
[(26)] (29) "Record request" means a request for a record under Section 63G-2-204.
838
(30) "Record series" means a group of records that may be treated as a unit for purposes of
839
designation, description, management, or disposition.
840
[(27)] (31) "Records officer" means [the] an individual appointed by [the] a chief
841
administrative officer of each governmental entity[,] in accordance with Section
842
63A-12-103, or [the] by a political subdivision, to work with state archives in the care,
843
maintenance, scheduling, designation, classification, disposal, and preservation of
844
records.
845
[(28)] (32) "Schedule," ["scheduling," and their derivative forms mean] when used as a verb,
846
means:
- 25 - 1st Sub. (Green) S.B. 163 02-13 21:05
847
(a) the process of specifying the length of time each record series should be retained by a
848
governmental entity for administrative, legal, fiscal, or historical purposes; and
849
(b) when each record series should be transferred to the state archives or destroyed.
850
[(29)] (33) "Sponsored research" means research, training, and other sponsored activities as
851
defined by the federal Executive Office of the President, Office of Management and
852
Budget:
853
(a) conducted:
854
(i) by an institution within the state system of higher education defined in Section
855
53B-1-102; and
856
(ii) through an office responsible for sponsored projects or programs; and
857
(b) funded or otherwise supported by an external:
858
(i) person that is not created or controlled by the institution within the state system of
859
higher education; or
860
(ii) federal, state, or local governmental entity.
861
[(30)] (34) "State archives" means the Division of Archives and Records Service created in
862
Section 63A-12-101.
863
[(31)] (35) "State archivist" means the director of the state archives.
864
[(32)] (36) "State Records Committee" means the State Records Committee created in
865
Section 63G-2-501.
866
[(33)] (37) "Summary data" means statistical records and compilations that contain data
867
derived from private, controlled, or protected information but that do not disclose
868
private, controlled, or protected information.
869
Section 6. Section 63G-2-107 is amended to read:
870
63G-2-107 . Disclosure of records subject to federal law or other provisions of
871
state law.
872
(1)(a) The disclosure of a record to which access is governed or limited pursuant to court
873
rule, another state statute, federal statute, or federal regulation, including a record for
874
which access is governed or limited as a condition of participation in a state or
875
federal program or for receiving state or federal funds, is governed by the specific
876
provisions of that statute, rule, or regulation.
877
(b) Except as provided in Subsections (2) and (3), this chapter applies to records
878
described in Subsection (1)(a) to the extent that this chapter is not inconsistent with
879
the statute, rule, or regulation.
880
(2) Except as provided in Subsection (4), this chapter does not apply to a record containing
- 26 - 02-13 21:05 1st Sub. (Green) S.B. 163
881
protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of
882
Individually Identifiable Health Information, or to any portion of the record, if the
883
record is:
884
(a) controlled or maintained by a governmental entity; and
885
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
886
Identifiable Health Information.
887
[(3) The disclosure of an education record as defined in the Family Educational Rights and
888
Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity
889
is governed by the Family Educational Rights and Privacy Act, 34 C.F.R.
890
Part 99.]
891
(3) Except as provided in Subsection (4), this chapter does not apply to education records,
892
as that term is defined in 20 U.S.C Sec. 1232g(a)(4) of the Family Educational Rights
893
and Privacy Act, or to any portion of an educational record, regardless of whether the
894
education records were requested before May 7, 2025, or on or after May 7, 2025.
895
(4) This section does not exempt any record or record series from the provisions of
896
Subsection 63G-2-601(1).
897
Section 7. Section 63G-2-201 is amended to read:
898
63G-2-201 . Provisions relating to records -- Public records -- Private, controlled,
899
protected, and other restricted records -- Disclosure and nondisclosure of records --
900
Certified copy of record -- Limits on obligation to respond to record request.
901
(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public
902
record free of charge, and the right to take a copy of a public record during normal
903
working hours, subject to Sections 63G-2-203 and 63G-2-204.
904
(b) A right under Subsection (1)(a) does not apply with respect to a record:
905
(i) a copy of which the governmental entity has already provided to the person;
906
(ii) that is the subject of a records request that the governmental entity is not required
907
to fill under Subsection (7)(a)(v); or
908
(iii)(A) that is accessible only by a computer or other electronic device owned or
909
controlled by the governmental entity;
910
(B) that is part of an electronic file that also contains a record that is private,
911
controlled, or protected; and
912
(C) that the governmental entity cannot readily segregate from the part of the
913
electronic file that contains a private, controlled, or protected record.
914
(2) A record is public unless otherwise expressly provided by statute.
- 27 - 1st Sub. (Green) S.B. 163 02-13 21:05
915
(3) The following records are not public:
916
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
917
63G-2-304, and 63G-2-305; and
918
(b) a record to which access is restricted pursuant to court rule, another state statute,
919
federal statute, or federal regulation, including records for which access is governed
920
or restricted as a condition of participation in a state or federal program or for
921
receiving state or federal funds.
922
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305
923
may be classified private, controlled, or protected.
924
(5)(a) A governmental entity may not disclose a record that is private, controlled, or
925
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c),
926
Section 63G-2-202, 63G-2-206, or 63G-2-303.
927
(b) A governmental entity may disclose a record that is private under Subsection
928
63G-2-302(2) or protected under Section 63G-2-305 to [persons] a person other than [
929
those] a person specified in Section 63G-2-202 or 63G-2-206 if the [head of a
930
governmental entity, or a designee,] chief administrative officer or records officer
931
determines that:
932
(i) there is no interest in restricting access to the record; or
933
(ii) the interests favoring access are greater than or equal to the interest favoring
934
restriction of access.
935
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
936
disclose a record that is protected under Subsection 63G-2-305(51) if:
937
(i) the [head of the governmental entity, or a designee,] chief administrative officer or
938
records officer determines that the disclosure:
939
(A) is mutually beneficial to:
940
(I) the subject of the record;
941
(II) the governmental entity; and
942
(III) the public; and
943
(B) serves a public purpose related to:
944
(I) public safety; or
945
(II) consumer protection; and
946
(ii) the person who receives the record from the governmental entity agrees not to use
947
or allow the use of the record for advertising or solicitation purposes.
948
(6) A governmental entity shall provide a person with a certified copy of a record if:
- 28 - 02-13 21:05 1st Sub. (Green) S.B. 163
949
(a) the person requesting the record has a right to inspect it;
950
(b) the person identifies the record with reasonable specificity; and
951
(c) the person pays the lawful fees.
952
(7)(a) In response to a request, a governmental entity is not required to:
953
(i) create a record;
954
(ii) compile, format, manipulate, package, summarize, or tailor information;
955
(iii) provide a record in a particular format, medium, or program not currently
956
maintained by the governmental entity;
957
(iv) fulfill a person's records request if the request unreasonably duplicates prior
958
records requests from that person;
959
(v) fill a person's records request if:
960
(A) the record requested is:
961
(I) publicly accessible online; or
962
(II) included in a public publication or product produced by the governmental
963
entity receiving the request; and
964
(B) the governmental entity:
965
(I) specifies to the person requesting the record where the record is accessible
966
online; or
967
(II) provides the person requesting the record with the public publication or
968
product and specifies where the record can be found in the public
969
publication or product; or
970
(vi) fulfill a person's records request if:
971
(A) the person has been determined under Section 63G-2-209 to be a vexatious
972
requester;
973
(B) the State Records Committee order determining the person to be a vexatious
974
requester provides that the governmental entity is not required to fulfill a
975
request from the person for a period of time; and
976
(C) the period of time described in Subsection (7)(a)(vi)(B) has not expired.
977
(b) A governmental entity shall conduct a reasonable search for a requested record.
978
(8)(a) Although not required to do so, a governmental entity may, upon request from the
979
person who submitted the records request, compile, format, manipulate, package,
980
summarize, or tailor information or provide a record in a format, medium, or program
981
not currently maintained by the governmental entity.
982
(b) In determining whether to fulfill a request described in Subsection (8)(a), a
- 29 - 1st Sub. (Green) S.B. 163 02-13 21:05
983
governmental entity may consider whether the governmental entity is able to fulfill
984
the request without unreasonably interfering with the governmental entity's duties
985
and responsibilities.
986
(c) A governmental entity may require a person who makes a request under Subsection
987
(8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for
988
providing the information or record as requested.
989
(9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection
990
(9)(b), a governmental entity is not required to respond to, or provide a record in
991
response to, a record request if the request is submitted by or in behalf of an
992
individual who is confined in a jail or other correctional facility following the
993
individual's conviction.
994
(b) Subsection (9)(a) does not apply to:
995
(i) the first five record requests submitted to the governmental entity by or in behalf
996
of an individual described in Subsection (9)(a) during any calendar year
997
requesting only a record that contains a specific reference to the individual; or
998
(ii) a record request that is submitted by an attorney of an individual described in
999
Subsection (9)(a).
1000
(10)(a) A governmental entity may allow a person requesting more than 50 pages of
1001
records to copy the records if:
1002
(i) the records are contained in files that do not contain records that are exempt from
1003
disclosure, or the records may be segregated to remove private, protected, or
1004
controlled information from disclosure; and
1005
(ii) the governmental entity provides reasonable safeguards to protect the public from
1006
the potential for loss of a public record.
1007
(b) If the requirements of Subsection (10)(a) are met, the governmental entity may:
1008
(i) provide the requester with the facilities for copying the requested records and
1009
require that the requester make the copies; or
1010
(ii) allow the requester to provide the requester's own copying facilities and personnel
1011
to make the copies at the governmental entity's offices and waive the fees for
1012
copying the records.
1013
(11)(a) A governmental entity that owns an intellectual property right and that offers the
1014
intellectual property right for sale or license may control by ordinance or policy the
1015
duplication and distribution of the material based on terms the governmental entity
1016
considers to be in the public interest.
- 30 - 02-13 21:05 1st Sub. (Green) S.B. 163
1017
(b) Nothing in this chapter [shall be construed to limit or impair] limits or impairs the
1018
rights or protections granted to the governmental entity under federal copyright or
1019
patent law as a result of [its ownership of ]the intellectual property right ownership.
1020
(12) A governmental entity may not use the physical form, electronic or otherwise, in
1021
which a record is stored to deny[,] or unreasonably hinder the rights of a person to
1022
inspect and receive a copy of a record under this chapter.
1023
(13) Subject to the requirements of Subsection (7), a governmental entity shall provide
1024
access to an electronic copy of a record in lieu of providing access to [its] the record's
1025
paper equivalent if:
1026
(a) the person making the request requests or states a preference for an electronic copy;
1027
(b) the governmental entity currently maintains the record in an electronic format that is
1028
reproducible and may be provided without reformatting or conversion; and
1029
(c) the electronic copy of the record:
1030
(i) does not disclose other records that are exempt from disclosure; or
1031
(ii) may be segregated to protect private, protected, or controlled information from
1032
disclosure without the undue expenditure of public resources or funds.
1033
(14) In determining whether a record is properly classified as private under Subsection
1034
63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
1035
board, or court shall consider and weigh:
1036
(a) any personal privacy [interests] interest, including [those] a personal privacy interest
1037
in images, that would be affected by disclosure of the records[ in question]; and
1038
(b) any public [interests] interest served by disclosure.
1039
Section 8. Section 63G-2-203 is amended to read:
1040
63G-2-203 . Fees.
1041
(1)(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
1042
cover the governmental entity's actual cost of providing a record.
1043
(b) A fee [under] described in Subsection (1)(a) shall be approved by the governmental
1044
entity's executive officer.
1045
(2)(a) [When a governmental entity compiles a record in a form other than that normally
1046
maintained by the governmental entity, the] The actual costs under this section may
1047
include the following:
1048
(i) the cost of staff time for compiling, formatting, manipulating, packaging,
1049
summarizing, or tailoring the record either into an organization or media to meet
1050
the person's request;
- 31 - 1st Sub. (Green) S.B. 163 02-13 21:05
1051
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for
1052
complying with a request; and
1053
(iii) [in the case of fees ]for a record that is the result of computer output other than
1054
word processing, in addition to costs described in Subsections (2)(a)(i) and (ii),
1055
the actual incremental cost of providing the electronic services and products
1056
together with a reasonable portion of the costs associated with formatting or
1057
interfacing the information for particular users[, and the administrative costs as set
1058
forth in Subsections (2)(a)(i) and (ii)].
1059
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
1060
paid employee who, in the discretion of the custodian of records, has the necessary
1061
skill and training to perform the request.
1062
(3)(a) Fees shall be established as provided in this Subsection (3).
1063
(b) A governmental entity with fees established by the Legislature:
1064
(i) shall establish the fees defined in Subsection (2), or other actual costs associated
1065
with this section through the budget process; and
1066
(ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
1067
establishes fees through the budget process.
1068
(c) Political subdivisions shall establish fees by ordinance or written formal policy
1069
adopted by the governing body.
1070
(d) The judiciary shall establish fees by rules of the judicial council.
1071
(4) A governmental entity may fulfill a record request without charge, and is encouraged to[
1072
do so if it] , if the governmental entity determines that:
1073
(a) releasing the record primarily benefits the public rather than a person;
1074
(b) the individual requesting the record is the subject of the record, or an individual
1075
specified in Subsection 63G-2-202(1) or (2); or
1076
(c) the requester's legal rights are directly implicated by the information in the record,
1077
and the requester is impecunious.
1078
[(5)(a) As used in this Subsection (5), "media representative":]
1079
[(i) means a person who requests a record to obtain information for a story or report
1080
for publication or broadcast to the general public; and]
1081
[(ii) does not include a person who requests a record to obtain information for a blog,
1082
podcast, social media account, or other means of mass communication generally
1083
available to a member of the public.]
1084
[(b)] (5)(a) A governmental entity may not charge a fee for:
- 32 - 02-13 21:05 1st Sub. (Green) S.B. 163
1085
(i) reviewing a record to determine whether it is subject to disclosure, except as
1086
permitted by Subsection (2)(a)(ii);
1087
(ii) inspecting a record; or
1088
(iii) the first quarter hour of staff time spent in responding to a request under Section
1089
63G-2-204.
1090
[(c)] (b) Notwithstanding Subsection [(5)(b)(iii)] (5)(a)(iii), a governmental entity is not
1091
prevented from charging a fee for the first quarter hour of staff time spent in
1092
responding to a request under Section 63G-2-204 if the person who submits the
1093
request:
1094
(i) is not a Utah media representative; and
1095
(ii) previously submitted a separate request within the 10-day period immediately
1096
before the date of the request to which the governmental entity is responding.
1097
(6)(a) A person who believes that there has been an unreasonable denial of a fee waiver
1098
under Subsection (4) may appeal the denial in the same manner as [a person appeals
1099
when inspection of a public record is denied] a denial under Section 63G-2-205.
1100
(b) The adjudicative body hearing the appeal:
1101
(i) shall review the fee waiver de novo[, but] ;
1102
(ii) notwithstanding Subsection (6)(b)(i), shall review and consider the governmental
1103
entity's denial of the fee waiver and any determination under Subsection (4); and
1104
[(ii)] (iii) has the same authority when a fee waiver or reduction is denied as [it] the
1105
adjudicative body has when the inspection of a public record is denied.
1106
(c) An adjudicative body hearing an appeal under this Subsection (6) is not required to
1107
schedule a hearing if the adjudicative body previously upheld a fee waiver denial for
1108
a fee charged under this section:
1109
(i) for the same records; or
1110
(ii) under the same facts or circumstances applicable to the matter appealed under this
1111
Subsection (6).
1112
(7)(a) If a governmental entity denies a fee waiver request under this section, the
1113
governmental entity shall inform the requester of the estimated cost of fulfilling the
1114
record request.
1115
(b) The governmental entity shall provide the requester with an opportunity, no later
1116
than 10 business days after the day on which the governmental entity provides notice
1117
of the estimated cost, to:
1118
(i) agree to pay the estimated fees; or
- 33 - 1st Sub. (Green) S.B. 163 02-13 21:05
1119
(ii) cancel the record request.
1120
(c) If the requester fails to respond within the time described in Subsection (7)(b), the
1121
governmental entity may not consider the request.
1122
(d) Nothing in this Subsection (7) prevents a requester from submitting a new record
1123
request.
1124
[(7)] (8)(a) All fees received under this section by a governmental entity subject to
1125
Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
1126
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
1127
governmental entity in providing the requested record or record series.
1128
[(8)] (9)(a) [A] Subject to Subsections (9)(c) and (d), a governmental entity may require
1129
payment of past fees and future estimated fees before beginning to process a request
1130
if:
1131
(i) fees are expected to exceed $50; or
1132
(ii) the requester has not paid fees from a previous [requests] request.
1133
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
1134
(c) A governmental entity that receives a request from a requester that has not paid fees
1135
owed by the requester for a previous request may refuse to respond to the request
1136
until the requester pays the amount owed for the previous request, if, within the time
1137
period described in Subsection 63G-2-204(4), the governmental entity notifies the
1138
requester, in writing:
1139
(i) of the amount owed for the previous request;
1140
(ii) of the request to which the amount owed relates; and
1141
(iii) that the governmental entity will not respond to the request until the requester
1142
pays the amount owed for the previous request.
1143
(d) The notification described in Subsection (9)(c) is not a denial under Section
1144
63G-2-205.
1145
[(9)] (10) This section does not alter, repeal, or reduce fees established by other statutes or
1146
legislative acts.
1147
[(10)] (11)(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall
1148
be set as provided in this Subsection [(10)] (11).
1149
(b) The lieutenant governor shall:
1150
(i) after consultation with county clerks, establish uniform fees for voter registration
1151
and voter history records that meet the requirements of this section; and
1152
(ii) obtain legislative approval of those fees by following the procedures and
- 34 - 02-13 21:05 1st Sub. (Green) S.B. 163
1153
requirements of Section 63J-1-504.
1154
Section 9. Section 63G-2-204 is amended to read:
1155
63G-2-204 . Record request -- Response -- Time for responding.
1156
(1)(a) A person [making a request for a record] who makes a record request shall submit
1157
to the governmental entity that retains the record a written request containing:
1158
(i) the person's:
1159
(A) name;
1160
(B) mailing address;
1161
(C) email address, if the person has an email address and is willing to accept
1162
communications by email relating to the person's [records request] record
1163
request; and
1164
(D) daytime telephone number; and
1165
(ii) a description of the record requested that identifies the record with reasonable
1166
specificity.
1167
(b)(i) A single record request may not be submitted to multiple governmental entities.
1168
(ii) Subsection (1)(b)(i) [may not be construed to] does not prevent a person from
1169
submitting a separate record request to [each of ]multiple governmental entities,
1170
even if each [of the separate requests] separate request seeks access to the same
1171
record.
1172
(c) When making a record request, the requester may seek an expedited response to the
1173
request if the requester provides an explanation of how the expedited response
1174
benefits the public rather than the requester.
1175
(2)(a) In response to a [request for a record] record request, a governmental entity may
1176
not provide a record that [it has received] the governmental entity receives under
1177
Section 63G-2-206 as a shared record.
1178
(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a),
1179
the governmental entity shall:
1180
(i) deny the [records] record request; and
1181
(ii) [inform the person making the request of the identity] provide the requester with
1182
the name of the governmental entity from which the shared record was received.
1183
(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah
1184
Administrative Rulemaking Act, specifying where and to whom [requests for access
1185
shall be] a record request is directed.
1186
[(4) After receiving a request for a record, a governmental entity shall:]
- 35 - 1st Sub. (Green) S.B. 163 02-13 21:05
1187
[(a) review each request that seeks an expedited response and notify, within five
1188
business days after receiving the request, each requester that has not demonstrated
1189
that their record request benefits the public rather than the person that their response
1190
will not be expedited; and]
1191
[(b) as soon as reasonably possible, but no later than 10 business days after receiving a
1192
written request, or five business days after receiving a written request if the requester
1193
demonstrates that expedited response to the record request benefits the public rather
1194
than the person:]
1195
[(i) approve the request and provide a copy of the record;]
1196
[(ii) deny the request in accordance with the procedures and requirements of Section
1197
63G-2-205;]
1198
[(iii) notify the requester that it does not maintain the record requested and provide, if
1199
known, the name and address of the governmental entity that does maintain the
1200
record; or]
1201
[(iv) notify the requester that because of one of the extraordinary circumstances listed
1202
in Subsection (6), it cannot immediately approve or deny the request, and include
1203
with the notice:]
1204
[(A) a description of the circumstances that constitute the extraordinary
1205
circumstances; and]
1206
[(B) the date when the records will be available, consistent with the requirements
1207
of Subsection (7).]
1208
[(5)] (4) After a governmental entity receives a written record request, if the requester seeks
1209
an expedited response in accordance with Subsection (1)(c), the governmental entity
1210
shall:
1211
(a) review the request to determine if an expedited response:
1212
(i) is warranted, because the expedited response benefits the public rather than the
1213
requester as described in Subsection (1)(c); and
1214
(ii) is reasonably possible under the circumstances;
1215
(b) no later than five business days after the day on which the governmental entity
1216
receives the request:
1217
(i) if the governmental entity determines that an expedited response is warranted and
1218
reasonably possible under the circumstances, respond to the record request in
1219
accordance with the requirements of this chapter; or
1220
(ii) if the governmental entity determines that an expedited response is not warranted
- 36 - 02-13 21:05 1st Sub. (Green) S.B. 163
1221
or is not reasonably possible under the circumstances:
1222
(A) deny the request for an expedited response;
1223
(B) notify the requester of the determination and the grounds for the
1224
determination; and
1225
(C) inform the requester that the governmental entity will respond to the record
1226
request as a non-expedited request, in accordance with the requirements of law;
1227
and
1228
(c) if the governmental entity denies the request for an expedited response under
1229
Subsection (4)(b)(ii), respond to the record request under Subsection (5).
1230
(5) After a governmental entity receives a record request, if the requester does not seek an
1231
expedited response in accordance with Subsection (1)(c), or if the governmental entity
1232
denies a request for an expedited response under Subsection (4)(b)(ii), the governmental
1233
entity shall, no later than 15 business days after the day on which the governmental
1234
entity receives the request:
1235
(a) approve the request and provide the requester with a copy of the record;
1236
(b) approve the request, subject to the payment of a fee in accordance with Section
1237
63G-2-203;
1238
(c) deny the request in accordance with Section 63G-2-205;
1239
(d) notify the requester that the governmental entity does not retain the record and
1240
provide the requester with the name and address of the governmental entity that
1241
maintains the record, if known;
1242
(e) notify the requester that the governmental entity:
1243
(i) conducted a reasonable search for the record; and
1244
(ii) was unable to locate a record that is responsive to the request; or
1245
(f) notify the requester that because of an exceptional circumstance, as described in
1246
Subsection (7), the governmental entity is unable to immediately approve or deny the
1247
record request, and include with the notice:
1248
(i) a description of the circumstance that constitutes the exceptional circumstance; and
1249
(ii) the anticipated date when the record request will be fulfilled.
1250
(6) [Any person who requests a record] A media representative who makes a record request
1251
to obtain information for a story or report for publication or broadcast to the general
1252
public is presumed to be acting to benefit the public rather than [a person] the media
1253
representative.
1254
[(6)] (7) The following circumstances constitute ["extraordinary circumstances"] exceptional
- 37 - 1st Sub. (Green) S.B. 163 02-13 21:05
1255
circumstances that allow a governmental entity to delay approval or denial by an
1256
additional period of time as [specified] described in Subsection [(7)] (8) if the
1257
governmental entity determines that, due to the [extraordinary circumstances it]
1258
exceptional circumstances, the governmental entity cannot respond within the time [
1259
limits provided in Subsection (4)] described in Subsection (5):
1260
(a) another governmental entity is using the record, in which case the originating
1261
governmental entity shall promptly request that the governmental entity currently in
1262
possession return the record;
1263
(b) another governmental entity is using the record as part of an audit, and returning the
1264
record before the completion of the audit would impair the conduct of the audit;
1265
(c)(i) the request is for a voluminous quantity of records or a record series containing
1266
a substantial number of records; or
1267
(ii) the requester seeks a substantial number of records or records series in requests
1268
filed within five working days of each other;
1269
(d) the governmental entity is currently processing a large number of records requests;
1270
(e) the request requires the governmental entity to review a large number of records to
1271
locate the records requested;
1272
(f) the decision to release a record involves legal issues that require the governmental
1273
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations,
1274
or case law;
1275
(g) segregating information that the requester is entitled to inspect from information that
1276
the requester is not entitled to inspect requires extensive time or editing; or
1277
(h) segregating information that the requester is entitled to inspect from information that
1278
the requester is not entitled to inspect requires computer programming.
1279
[(7)] (8) [If one of the extraordinary circumstances listed] If an exceptional circumstance
1280
described in Subsection [(6)] (7) precludes approval or denial within the time [specified
1281
in Subsection (4)] described in Subsection (5), the following time limits apply to the [
1282
extraordinary circumstances] exceptional circumstance:
1283
(a) for claims under Subsection [(6)(a)] (7)(a), the governmental entity currently in
1284
possession of the record shall return the record to the originating entity within five
1285
business days [of] after the day of the request for the return, unless returning the
1286
record would impair the [holder's] governmental entity's work;
1287
(b) for claims under Subsection [(6)(b)] (7)(b), the originating governmental entity shall
1288
notify the requester when the record is available for inspection and copying;
- 38 - 02-13 21:05 1st Sub. (Green) S.B. 163
1289
(c) for claims under [Subsections (6)(c), (d), and (e)] Subsection (7)(c), (d), or (e), the
1290
governmental entity shall:
1291
(i) disclose the records [that it has located which] the governmental entity locates that
1292
the requester is entitled to inspect;
1293
(ii) provide the requester with [an estimate of the amount of time it will take to finish
1294
the work required] a time estimate that the governmental entity needs to respond to
1295
the request;
1296
(iii) complete the work and disclose those records that the requester is entitled to
1297
inspect as soon as reasonably possible; and
1298
(iv) for [any person] a person that does not establish a right to an expedited response
1299
as [authorized by] described in Subsection (4), a governmental entity may[ choose
1300
to]:
1301
(A) require the person to [provide for copying of the records as provided] copy the
1302
records as described in Subsection 63G-2-201(10); or
1303
(B) [treat a request for multiple records as separate record requests, and respond
1304
sequentially to each request;] treat a request for multiple records as multiple
1305
requests and respond to each request separately;
1306
(d) for claims under Subsection [(6)(f)] (7)(f), the governmental entity shall either
1307
approve or deny the request within five business days after the [response time
1308
specified for the original request has expired] day of the deadline described in
1309
Subsection (5);
1310
(e) for claims under Subsection [(6)(g)] (7)(g), the governmental entity shall, to the
1311
extent reasonably possible, fulfill the request [within 15] no later than 20 business
1312
days [from the date of the original request] after the day on which the governmental
1313
entity receives the request; or
1314
(f) for claims under Subsection [(6)(h)] (7)(h), the governmental entity shall complete [its]
1315
the necessary computer programming and disclose the requested records as soon as
1316
reasonably possible and no later than 12 months from the day the governmental entity
1317
receives the request.
1318
[(8)] (9)(a) [If a request for access is submitted to] If an office of a governmental entity,
1319
other than that specified by rule in accordance with Subsection (3), receives a record
1320
request, the office shall promptly forward the request to the appropriate office.
1321
(b) If the request is forwarded promptly, the time limit for response begins when the
1322
request is received by the office specified by rule.
- 39 - 1st Sub. (Green) S.B. 163 02-13 21:05
1323
[(9)] (10) [If the governmental entity fails to provide the requested records or issue a denial
1324
within the specified time period, that failure is considered the equivalent of a
1325
determination denying access to the record.] If a governmental entity fails to respond to a
1326
record request within the time allowed under this section, the failure to respond is
1327
considered an access denial, as defined in Section 63G-2-400.5.
1328
Section 10. Section 63G-2-301 is amended to read:
1329
63G-2-301 . Public records.
1330
(1) As used in this section:
1331
(a) "Business address" means a single address of a governmental agency designated for
1332
the public to contact an employee or officer of the governmental agency.
1333
(b) "Business email address" means a single email address of a governmental agency
1334
designated for the public to contact an employee or officer of the governmental
1335
agency.
1336
(c) "Business telephone number" means a single telephone number of a governmental
1337
agency designated for the public to contact an employee or officer of the
1338
governmental agency.
1339
(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
1340
(2) The following records are public except to the extent they contain information expressly
1341
permitted to be treated confidentially under the provisions of Subsections
1342
63G-2-201(3)(b) and (6)(a):
1343
(a) laws;
1344
(b) the name, gender, gross compensation, job title, job description, business address,
1345
business email address, business telephone number, number of hours worked per pay
1346
period, dates of employment, and relevant education, previous employment, and
1347
similar job qualifications of a current or former employee or officer of the
1348
governmental entity, excluding:
1349
(i) undercover law enforcement personnel; and
1350
(ii) investigative personnel if disclosure could reasonably be expected to impair the
1351
effectiveness of investigations or endanger any individual's safety;
1352
(c) final opinions, including concurring and dissenting opinions, and orders that are
1353
made by a governmental entity in an administrative, adjudicative, or judicial
1354
proceeding except that if the proceedings were properly closed to the public, the
1355
opinion and order may be withheld to the extent that they contain information that is
1356
private, controlled, or protected;
- 40 - 02-13 21:05 1st Sub. (Green) S.B. 163
1357
(d) final interpretations of statutes or rules by a governmental entity unless classified as
1358
protected as provided in Subsection 63G-2-305(17) or (18);
1359
(e) information contained in or compiled from a transcript, minutes, or report of the open
1360
portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
1361
Open and Public Meetings Act, including the records of all votes of each member of
1362
the governmental entity;
1363
(f) judicial records unless a court orders the records to be restricted under the rules of
1364
civil or criminal procedure or unless the records are private under this chapter;
1365
(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
1366
records filed with or maintained by county recorders, clerks, treasurers, surveyors,
1367
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
1368
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
1369
Division of Water Rights, or other governmental entities that give public notice of:
1370
(i) titles or encumbrances to real property;
1371
(ii) restrictions on the use of real property;
1372
(iii) the capacity of persons to take or convey title to real property; or
1373
(iv) tax status for real and personal property;
1374
(h) records of the Department of Commerce that evidence incorporations, mergers, name
1375
changes, and uniform commercial code filings;
1376
(i) data on individuals that would otherwise be private under this chapter if the
1377
individual who is the subject of the record has given the governmental entity written
1378
permission to make the records available to the public;
1379
(j) documentation of the compensation that a governmental entity pays to a contractor or
1380
private provider;
1381
(k) summary data;
1382
(l) voter registration records, including an individual's voting history, except for a voter
1383
registration record or those parts of a voter registration record that are classified as
1384
private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
1385
20A-2-104(7);
1386
(m) for an elected official, as defined in Section 11-47-102, a telephone number, if
1387
available, and email address, if available, where that elected official may be reached
1388
as required in Title 11, Chapter 47, Access to Elected Officials;
1389
(n) for a school community council member, a telephone number, if available, and email
1390
address, if available, where that elected official may be reached directly as required
- 41 - 1st Sub. (Green) S.B. 163 02-13 21:05
1391
in Section 53G-7-1203;
1392
(o) annual audited financial statements of the Utah Educational Savings Plan described
1393
in Section 53B-8a-111; and
1394
(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
1395
defined in Section 20A-7-101, after the packet is submitted to a county clerk.
1396
(3) The following records are normally public, but to the extent that a record is expressly
1397
exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
1398
Section 63G-2-302, 63G-2-304, or 63G-2-305:
1399
(a) administrative staff manuals, instructions to staff, and statements of policy;
1400
(b) records documenting a contractor's or private provider's compliance with the terms
1401
of a contract with a governmental entity;
1402
(c) records documenting the services provided by a contractor or a private provider to
1403
the extent the records would be public if prepared by the governmental entity;
1404
(d) contracts entered into by a governmental entity;
1405
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
1406
by a governmental entity;
1407
(f) records relating to government assistance or incentives publicly disclosed, contracted
1408
for, or given by a governmental entity, encouraging a person to expand or relocate a
1409
business in Utah, except as provided in Subsection 63G-2-305(35);
1410
(g) subject to Subsection (5), chronological logs and initial contact reports;
1411
(h) correspondence by and with a governmental entity in which the governmental entity
1412
determines or states an opinion upon the rights of the state, a political subdivision,
1413
the public, or any person;
1414
(i) empirical data contained in drafts if:
1415
(i) the empirical data is not reasonably available to the requester elsewhere in similar
1416
form; and
1417
(ii) the governmental entity is given a reasonable opportunity to correct any errors or
1418
make nonsubstantive changes before release;
1419
(j) drafts that are circulated to anyone other than:
1420
(i) a governmental entity;
1421
(ii) a political subdivision;
1422
(iii) a federal agency if the governmental entity and the federal agency are jointly
1423
responsible for implementation of a program or project that has been legislatively
1424
approved;
- 42 - 02-13 21:05 1st Sub. (Green) S.B. 163
1425
(iv) a government-managed corporation; or
1426
(v) a contractor or private provider;
1427
(k) drafts that have never been finalized but were relied upon by the governmental entity
1428
in carrying out action or policy;
1429
(l) original data in a computer program if the governmental entity chooses not to
1430
disclose the program;
1431
(m) arrest warrants after issuance, except that, for good cause, a court may order
1432
restricted access to arrest warrants prior to service;
1433
(n) search warrants after execution and filing of the return, except that a court, for good
1434
cause, may order restricted access to search warrants prior to trial;
1435
(o) records that would disclose information relating to formal charges or disciplinary
1436
actions against a past or present governmental entity employee if:
1437
(i) the disciplinary action has been completed and all time periods for administrative
1438
appeal have expired; and
1439
(ii) the charges on which the disciplinary action was based were sustained;
1440
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
1441
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
1442
evidence mineral production on government lands;
1443
(q) final audit reports;
1444
(r) occupational and professional licenses;
1445
(s) business licenses;
1446
(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
1447
records used to initiate proceedings for discipline or sanctions against persons
1448
regulated by a governmental entity, but not including records that initiate employee
1449
discipline; and
1450
(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
1451
the operation of a correctional facility or the care and control of inmates
1452
committed to the custody of a correctional facility; and
1453
(ii) records that disclose the results of an audit or other inspection assessing a
1454
correctional facility's compliance with a standard, regulation, policy, guideline, or
1455
rule described in Subsection (3)(u)(i).
1456
(4) The list of public records in this section is not exhaustive and should not be used to limit
1457
access to records.
1458
(5)(a) Subject to Subsection (5)(b), if information of the type described in Subsections
- 43 - 1st Sub. (Green) S.B. 163 02-13 21:05
1459
63G-2-103(16)(a)(i) through (vi) appears in a follow-up or investigative report
1460
described in Subsection 63G-2-103(16)(b), the information contained in the
1461
follow-up or investigative report is public, unless the information is private,
1462
controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
1463
(b) If a follow-up or investigative report described in Subsection 63G-2-103(16)(b) is
1464
expressly exempt from disclosure, the exemption and restriction of access described
1465
in Subsection (3) does not change based on the follow-up or investigative report
1466
containing any information included in an initial contact report that is a public record.
1467
Section 11. Section 63G-2-400.5 is amended to read:
1468
63G-2-400.5 . Definitions.
1469
As used in this part:
1470
(1) "Access denial" means a governmental entity's denial, under Subsection [63G-2-204(9)]
1471
63G-2-204(10) or Section 63G-2-205, in whole or in part, of a record request.
1472
[(2) "Appellate affirmation" means a decision of a chief administrative officer, local
1473
appeals board, or State Records Committee affirming an access denial.]
1474
[(3)] (2) "Interested party" means a person, other than a requester, who is aggrieved by an
1475
access denial or [an appellate] a respondent affirmation, regardless of whether [or not ]
1476
the person participated in proceedings leading to the access denial or [appellate]
1477
respondent affirmation.
1478
[(4)] (3) "Local appeals board" means an appeals board established by a political
1479
subdivision under Subsection 63G-2-701(5)(c).
1480
[(5)] (4) "Record request" means a [request for a ]record request under Section 63G-2-204.
1481
[(6)] (5) "Records committee [appellant] petitioner" means:
1482
(a) a political subdivision that seeks to appeal [a decision of ]a local appeals board
1483
decision to the State Records Committee; or
1484
(b) a requester or interested party who seeks to appeal [to the State Records Committee a
1485
decision affirming an access denial] an access denial to the State Records Committee.
1486
[(7)] (6) "Requester" means a person who submits a record request to a governmental entity.
1487
(7) "Respondent affirmation" means a decision of a chief administrative officer, local
1488
appeals board, or State Records Committee affirming an access denial.
1489
Section 12. Section 63G-2-401 is amended to read:
1490
63G-2-401 . Appeal to chief administrative officer -- Notice of the decision of the
1491
appeal.
1492
(1)(a) A requester or interested party may appeal an access denial or the denial of a fee
- 44 - 02-13 21:05 1st Sub. (Green) S.B. 163
1493
waiver under Subsection 63G-2-203(4) to the chief administrative officer of the
1494
governmental entity by filing a notice of appeal with the chief administrative officer
1495
within 30 days after:
1496
(i) for an access denial:
1497
(A) the governmental entity sends a notice of denial under Section 63G-2-205, if
1498
the governmental entity denies a record request under Subsection 63G-2-205
1499
(1); or
1500
(B) the record request is considered denied under Subsection [63G-2-204(9)]
1501
63G-2-204(10), if that subsection applies; or
1502
(ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
1503
that the fee waiver is denied.
1504
(b) If a governmental entity claims [extraordinary] exceptional circumstances and
1505
specifies the date when the records will be available under Subsection 63G-2-204(4),
1506
and, if the requester believes the [extraordinary] exceptional circumstances do not
1507
exist or that the date specified is unreasonable, the requester may appeal the
1508
governmental entity's claim of [extraordinary] exceptional circumstances or date for
1509
compliance to the chief administrative officer by filing a notice of appeal with the
1510
chief administrative officer within 30 days after notification of a claim of [
1511
extraordinary] exceptional circumstances by the governmental entity, despite the lack
1512
of a "determination" or its equivalent under Subsection [63G-2-204(9)] 63G-2-204(10).
1513
(2) A notice of appeal shall contain:
1514
(a) the name, mailing address, and daytime telephone number of the requester or
1515
interested party; and
1516
(b) the relief sought.
1517
(3) The requester or interested party may file a short statement of facts, reasons, and legal
1518
authority in support of the appeal.
1519
(4)(a) If the appeal involves a record that is the subject of a business confidentiality
1520
claim under Section 63G-2-309, the chief administrative officer shall:
1521
(i) send notice of the appeal to the business confidentiality claimant within three
1522
business days after receiving notice, except that if notice under this section must
1523
be given to more than 35 persons, it shall be given as soon as reasonably possible;
1524
and
1525
(ii) send notice of the business confidentiality claim and the schedule for the chief
1526
administrative officer's determination to the requester or interested party within
- 45 - 1st Sub. (Green) S.B. 163 02-13 21:05
1527
three business days after receiving notice of the appeal.
1528
(b) The business confidentiality claimant shall have seven business days after notice is
1529
sent by the administrative officer to submit further support for the claim of business
1530
confidentiality.
1531
(5)(a) The chief administrative officer shall make a decision on the appeal within:
1532
(i)(A) 10 business days after the chief administrative officer's receipt of the notice
1533
of appeal; or
1534
(B) five business days after the chief administrative officer's receipt of the notice
1535
of appeal, if the requester or interested party demonstrates that an expedited
1536
decision benefits the public rather than the requester or interested party; or
1537
(ii) 12 business days after the governmental entity sends the notice of appeal to a
1538
person who submitted a claim of business confidentiality.
1539
(b)(i) If the chief administrative officer fails to make a decision on an appeal of an
1540
access denial within the time specified in Subsection (5)(a), the failure is the
1541
equivalent of a decision affirming the access denial.
1542
(ii) If the chief administrative officer fails to make a decision on an appeal under
1543
Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the
1544
equivalent of a decision affirming the claim of [extraordinary] exceptional
1545
circumstances or the reasonableness of the date specified when the records will be
1546
available.
1547
(c) [The provisions of this section notwithstanding] Notwithstanding any other provision
1548
of this section, the parties participating in the proceeding may, by agreement, extend
1549
the time periods specified in this section.
1550
(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
1551
consideration and weighing of the various interests and public policies [pertinent] related
1552
to the classification and disclosure or nondisclosure of a record, order the disclosure of
1553
information properly classified as private under Subsection 63G-2-302(2) or protected
1554
under Section 63G-2-305 if the interests favoring access are greater than or equal to the
1555
interests favoring restriction of access.
1556
(7)(a) The governmental entity shall [send] provide written notice of the chief
1557
administrative officer's decision to all participants.
1558
(b) If the chief administrative officer's decision is to affirm the access denial in whole or
1559
in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall
1560
include:
- 46 - 02-13 21:05 1st Sub. (Green) S.B. 163
1561
(i) a statement that the requester has a right under Section 63A-12-111 to request the
1562
government records ombudsman to mediate the dispute between the requester and
1563
the governmental entity concerning the access denial or the fee waiver denial;
1564
(ii) a statement that the requester or interested party has the right to appeal the
1565
decision, as provided in Section 63G-2-402, to:
1566
(A) the State Records Committee or district court; or
1567
(B) the local appeals board, if the governmental entity is a political subdivision
1568
and the governmental entity has established a local appeals board;
1569
(iii) the time limits for filing an appeal described in Subsection (7)(b)(ii), including
1570
an explanation of a suspension of the time limits, as provided in Subsections
1571
63G-2-403(1)(c) and 63G-2-404(1)(b), for a requester if the requester seeks
1572
mediation under Section 63A-12-111; and
1573
(iv) the name and business address of:
1574
(A) the executive secretary of the State Records Committee;
1575
(B) the individual designated as the contact individual for the appeals board, if the
1576
governmental entity is a political subdivision that has established an appeals
1577
board under Subsection 63G-2-701(5)(c); and
1578
(C) the government records ombudsman.
1579
[(8) A person aggrieved by a governmental entity's classification or designation
1580
determination under this chapter, but who is not requesting access to the records, may
1581
appeal that determination using the procedures provided in this section. If a
1582
nonrequester is the only appellant, the procedures provided in this section shall apply,
1583
except that the decision on the appeal shall be made within 30 days after receiving the
1584
notice of appeal.]
1585
[(9)] (8)(a) Except as provided in Subsection (8)(b), an interested party who is aggrieved
1586
by a governmental entity's record classification or designation under this chapter may
1587
appeal the governmental entity's determination as provided in this section.
1588
(b) If a governmental entity receives a notice of appeal as described in Subsection (8)(a),
1589
and the interested party is the only petitioner, the chief administrative officer shall
1590
respond no later than 30 days after the day on which the chief administrative officer
1591
receives notice of the appeal.
1592
(9) The duties of the chief administrative officer under this section may be delegated.
1593
Section 13. Section 63G-2-403 is amended to read:
1594
63G-2-403 . Appeals to the State Records Committee.
- 47 - 1st Sub. (Green) S.B. 163 02-13 21:05
1595
(1)(a) A records committee [appellant] petitioner appeals to the State Records Committee
1596
by filing a notice of appeal with the executive secretary of the State Records
1597
Committee no later than 30 days after the date of issuance of the decision being
1598
appealed.
1599
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
1600
executive secretary of the State Records Committee no later than 45 days after the
1601
day on which the record request is made if:
1602
(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
1603
(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
1604
(c) The time for a requester to file a notice of appeal under Subsection (1)(a) or (b) is
1605
suspended for the period of time that:
1606
(i) begins the date the requester submits a request under Section 63A-12-111 for the
1607
government records ombudsman to mediate the dispute between the requester and
1608
the governmental entity; and
1609
(ii) ends the earlier of the following dates:
1610
(A) the date that the government records ombudsman certifies in writing that the
1611
mediation is concluded; or
1612
(B) the date that the government records ombudsman certifies in writing that the
1613
mediation did not occur or was not concluded because of a lack of the required
1614
consent.
1615
(2) The notice of appeal shall:
1616
(a) contain the name, mailing address, and daytime telephone number of the records
1617
committee [appellant] petitioner;
1618
(b) be accompanied by a copy of the decision being appealed; and
1619
(c) state the relief sought.
1620
(3) The records committee [appellant] petitioner:
1621
(a) shall, on the day on which the notice of appeal is filed with the State Records
1622
Committee, serve a copy of the notice of appeal on:
1623
(i) the governmental entity whose access denial or fee waiver denial is the subject of
1624
the appeal, if the records committee appellant is a requester or interested party; or
1625
(ii) the requester or interested party who is a party to the local appeals board
1626
proceeding that resulted in the decision that the political subdivision is appealing
1627
to the committee, if the records committee appellant is a political subdivision; and
1628
(b) may file a short statement of facts, reasons, and legal authority in support of the
- 48 - 02-13 21:05 1st Sub. (Green) S.B. 163
1629
appeal.
1630
(4)(a) Except as provided in Subsections (4)(b) and (c), no later than seven business
1631
days after [receiving a notice of appeal, the executive secretary of the State Records
1632
Committee] the day on which the executive secretary of the State Records Committee
1633
receives a notice of appeal, the executive secretary shall:
1634
(i) schedule a hearing for the State Records Committee to discuss the appeal at the
1635
next regularly scheduled committee meeting falling at least 16 days after the date
1636
the notice of appeal is filed but no [longer than 64] later than 90 calendar days
1637
after the [date] day on which the notice of appeal was filed, except that the
1638
committee may schedule an expedited hearing upon application of the records
1639
committee [appellant] petitioner and for good cause shown;
1640
(ii) send a copy of the notice of hearing to the records committee [appellant] petitioner;
1641
and
1642
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
1643
to:
1644
(A) each member of the State Records Committee;
1645
(B) the records officer and the chief administrative officer of the governmental
1646
entity whose access denial is the subject of the appeal, if the records committee [
1647
appellant] petitioner is a requester or interested party; and
1648
[(C) any person who made a business confidentiality claim under Section
1649
63G-2-309 for a record that is the subject of the appeal; and]
1650
[(D)] (C) [all persons] any person who participated in the proceedings before the
1651
governmental entity's chief administrative officer, if the appeal is of the chief
1652
administrative officer's decision affirming an access denial.
1653
(b)[(i)] The executive secretary, with approval of the State Records Committee chair,
1654
may decline to schedule a hearing if the record series that is the subject of the
1655
appeal [has been found by the committee in a previous hearing involving the same
1656
governmental entity to be appropriately classified as private, controlled, or
1657
protected] is substantially similar to an appeal previously decided by the State
1658
Records Committee.
1659
(c) If, in accordance with Subsection (4)(b), the executive secretary declines to schedule
1660
a hearing, the State Records Committee members may vote at the next regular
1661
meeting to:
1662
(i) render a decision and enter an order consistent with the previous decision; and
- 49 - 1st Sub. (Green) S.B. 163 02-13 21:05
1663
(ii) provide the parties with notice of:
1664
(A) the decision and order; and
1665
(B) the right to appeal the decision and order, as described in Subsection (15).
1666
[(ii)] (iii)(A) If the executive secretary [of the State Records Committee ]declines
1667
to schedule a hearing, the executive secretary shall send a notice to the records
1668
committee [appellant] petitioner indicating that the request for hearing has been
1669
denied and the reason for the denial.
1670
(B) The State Records Committee shall make rules to implement the procedures
1671
described in this section [as provided by] in accordance with Title 63G, Chapter
1672
3, Utah Administrative Rulemaking Act.
1673
[(c)] (d) The executive secretary [of the State Records Committee ]may schedule a
1674
hearing on an appeal to the State Records Committee at a regularly scheduled State
1675
Records Committee meeting that is later than the period described in Subsection
1676
(4)(a)(i) if [that] the committee meeting is the first regularly scheduled State Records
1677
Committee meeting at which there are fewer than 10 appeals scheduled to be heard.
1678
(5)(a) No later than five business days before the day of the hearing, [a governmental
1679
entity shall submit to the executive secretary of the State Records Committee] each
1680
party shall provide the executive secretary with a written statement of facts, reasons,
1681
and legal authority in support of the [governmental entity's] party's position.
1682
(b)(i) The governmental entity shall send a copy of the written statement [by first
1683
class mail, postage prepaid, ]to the requester or interested party involved in the
1684
appeal by email.
1685
(ii) The executive secretary shall forward a copy of the written statement to each
1686
member of the State Records Committee.
1687
(6)(a) No later than [10] 15 business days [after the day on which the executive secretary
1688
sends the notice of appeal] before the day of the hearing, a person whose legal
1689
interests may be substantially affected by the proceeding may file a request for
1690
intervention with the State Records Committee.
1691
(b) Any written statement of facts, reasons, and legal authority in support of the
1692
intervener's position shall be filed with the request for intervention.
1693
(c) The person seeking intervention shall provide copies of the statement described in
1694
Subsection (6)(b) to all parties to the proceedings before the State Records
1695
Committee.
1696
(7) The State Records Committee shall hold a hearing within the period of time described in
- 50 - 02-13 21:05 1st Sub. (Green) S.B. 163
1697
Subsection (4).
1698
(8)(a) At the hearing, the State Records Committee shall allow the parties to testify,
1699
present evidence, and comment on the issues.
1700
(b) The committee may allow other interested persons to comment on the issues.
1701
(9)(a)(i) The State Records Committee:
1702
(A) may review the disputed records; and
1703
(B) shall review the disputed records, if the committee is weighing the various
1704
interests under Subsection (11).
1705
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
1706
(b) Members of the State Records Committee may not disclose any information or
1707
record reviewed by the committee in camera unless the disclosure is otherwise
1708
authorized [by] under this chapter.
1709
(10)(a) [Discovery is prohibited, but the] The State Records Committee may issue
1710
subpoenas or other orders to compel production of necessary evidence.
1711
(b) When the subject of a State Records Committee subpoena disobeys or fails to
1712
comply with the subpoena, the committee may file a motion for an order to compel [
1713
obedience to the subpoena ]with the district court.
1714
(c)(i) The State Records Committee's review shall be de novo, if the appeal is an
1715
appeal from a decision of a chief administrative officer:
1716
(A) issued under Section 63G-2-401; or
1717
(B) issued by a chief administrative officer of a political subdivision that has not
1718
established a local appeals board.
1719
(ii) For an appeal from a decision of a local appeals board, the State Records
1720
Committee shall review and consider the decision of the local appeals board.
1721
(11)(a) No later than seven business days after the day of the hearing, the State Records
1722
Committee shall issue a signed order:
1723
(i) granting the relief sought, in whole or in part; or
1724
(ii) upholding the governmental entity's access denial, in whole or in part.
1725
(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
1726
consideration and weighing of the various interests and public policies [pertinent]
1727
relating to the classification and disclosure or nondisclosure of a record, order the
1728
disclosure of information properly classified as private, controlled, or protected if the
1729
public interest favoring access is greater than or equal to the interest favoring
1730
restriction of access.
- 51 - 1st Sub. (Green) S.B. 163 02-13 21:05
1731
(c) In making a determination under Subsection (11)(b), the State Records Committee
1732
shall consider and, where appropriate, limit the requester's or interested party's use
1733
and further disclosure of the record in order to protect:
1734
(i) privacy interests in the case of a private or controlled record;
1735
(ii) business confidentiality interests in the case of a record protected under
1736
Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
1737
(iii) privacy interests or the public interest in the case of other protected records.
1738
(12) The order of the State Records Committee shall include:
1739
(a) a statement of reasons for the decision, including citations to this chapter, court rule
1740
or order, another state statute, federal statute, or federal regulation that governs
1741
disclosure of the record, if the citations do not disclose private, controlled, or
1742
protected information;
1743
(b) a description of the record or portions of the record to which access was ordered or
1744
denied, if the description does not disclose private, controlled, or protected
1745
information or information exempt from disclosure under Subsection 63G-2-201
1746
(3)(b);
1747
(c) a statement that any party to the proceeding before the State Records Committee may
1748
appeal the committee's decision to district court; and
1749
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
1750
notice that in order to protect [its] a party's rights on appeal, the party may wish to
1751
seek advice from an attorney.
1752
(13) If the State Records Committee fails to issue a decision within 73 calendar days of the
1753
filing of the notice of appeal, that failure is the equivalent of an order denying the
1754
appeal. A records committee appellant shall notify the State Records Committee in
1755
writing if the records committee appellant considers the appeal denied.
1756
(14) A party to a proceeding before the State Records Committee may seek judicial review
1757
in district court of a State Records Committee order by filing a petition for review [of
1758
the order ]as provided in Section 63G-2-404.
1759
(15)(a) Unless [a notice of intent to] an appeal is filed under Subsection [(15)(b)] (14),
1760
each party to the proceeding shall comply with the order of the State Records
1761
Committee.
1762
[(b) If a party disagrees with the order of the State Records Committee, that party may
1763
file a notice of intent to appeal the order.]
1764
[(c)] (b) If the State Records Committee orders the governmental entity to produce a
- 52 - 02-13 21:05 1st Sub. (Green) S.B. 163
1765
record and no appeal is timely filed, or if, as a result of the appeal, the governmental
1766
entity is required to produce a record, the governmental entity shall:
1767
(i) produce the record; and
1768
(ii) file a notice of compliance with the committee.
1769
[(d)] (c)(i) If the governmental entity that is ordered to produce a record fails to file a
1770
notice of compliance or [a notice of intent to] to timely file an appeal, the State
1771
Records Committee may[ do either or both of the following]:
1772
(A) impose a civil penalty of up to $500 for each day of continuing
1773
noncompliance; or
1774
(B) send written notice of the governmental entity's noncompliance to the
1775
governor.
1776
(ii) In imposing a civil penalty under Subsection (15)(c)(i)(A), the State Records
1777
Committee shall consider the gravity and circumstances of the violation, including
1778
whether the failure to comply was due to neglect or was willful or intentional.
1779
(16)(a) The executive secretary may decline to schedule a hearing regarding a disputed
1780
fee, fee amount, or fee waiver if the executive secretary and the committee chair
1781
agree that the petition for hearing is without merit.
1782
(b) At the chair's direction, the executive secretary may request that the governmental
1783
entity provide information regarding how the fee was calculated.
1784
(17)(a) If the executive secretary declines to schedule a hearing under Subsection (16)(a),
1785
the executive secretary shall send a notice to the parties indicating:
1786
(i) that the request for a hearing has been denied; and
1787
(ii) whether the petition is granted or denied.
1788
(b) The committee shall:
1789
(i) vote at the next regular meeting to accept or reject the recommendation to respond
1790
to the petition without a hearing; and
1791
(ii) issue an order that includes the reasons for the committee's decision to accept or
1792
reject the recommendation.
1793
Section 14. Section 63G-2-501 is amended to read:
1794
63G-2-501 . State Records Committee created -- Membership -- Terms --
1795
Vacancies -- Expenses.
1796
(1) [There is created the State Records Committee within the Department of Government
1797
Operations consisting of the following seven individuals] The State Records Committee
1798
is created within the Department of Government Operations and consists of the
- 53 - 1st Sub. (Green) S.B. 163 02-13 21:05
1799
following seven individuals:
1800
(a) an individual [in the private sector ]whose profession requires the individual to [
1801
create or ]manage records[ that, if created by a governmental entity, would be private
1802
or controlled];
1803
(b) an individual with experience with [electronic records and databases, as
1804
recommended by a statewide technology advocacy organization that represents the
1805
public, private, and nonprofit sectors] databases or data management;
1806
(c) the director of the Division of Archives and Records Services or the director's
1807
designee;
1808
(d) [two citizen members] one citizen member;
1809
(e) one [person] individual representing political subdivisions, as recommended by the
1810
Utah League of Cities and Towns; [and]
1811
(f) one individual representing the news media[.] ; and
1812
(g) one individual with professional experience in law enforcement.
1813
(2) The governor shall appoint or reappoint the members described in [Subsections (1)(a),
1814
(b), (d), (e), and (f)] Subsection (1) with the advice and consent of the Senate in
1815
accordance with Chapter 24, Part 2, Vacancies.
1816
(3)(a) Except as provided in Subsection (3)(b), the governor shall appoint each member
1817
to a four-year term.
1818
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or
1819
reappointment, adjust the length of terms to ensure that the terms of committee
1820
members are staggered so that approximately half of the committee is appointed
1821
every two years.
1822
(c) Each appointed member is eligible for reappointment for one additional term.
1823
(4) When a vacancy occurs in the membership for any reason, the governor shall, with the
1824
advice and consent of the Senate in accordance with Chapter 24, Part 2, Vacancies,
1825
appoint a replacement for the unexpired term.
1826
(5) A member of the State Records Committee may not receive compensation or benefits
1827
for the member's service on the committee, but may receive per diem and travel
1828
expenses in accordance with:
1829
(a) Section 63A-3-106;
1830
(b) Section 63A-3-107; and
1831
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1832
(6) A member described in [Subsection (1)(a), (b), (d), (e), or (f)] Subsection (1) shall
- 54 - 02-13 21:05 1st Sub. (Green) S.B. 163
1833
comply with the conflict of interest provisions described in Chapter 24, Part 3, Conflicts
1834
of Interest.
1835
Section 15. Section 63G-2-502 is amended to read:
1836
63G-2-502 . State Records Committee -- Duties.
1837
(1) The State Records Committee shall:
1838
(a) hear appeals from determinations of access under Section 63G-2-403;
1839
(b) hear appeals regarding disputed fees under Section 63G-2-203;
1840
[(b)] (c) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d);
1841
and
1842
[(c)] (d) appoint a chair from among the committee's members.
1843
(2) The State Records Committee may:
1844
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1845
Rulemaking Act, to govern the committee's proceedings; and
1846
(b) by order, after notice and hearing, reassign classification and designation for any
1847
record series by a governmental entity if the governmental entity's classification or
1848
designation is inconsistent with this chapter.
1849
(3)(a) The State Records Committee shall annually appoint an executive secretary to
1850
provide administrative support to the committee.
1851
(b) The executive secretary is not a voting member of the committee.
1852
(4) [Five] Four members of the State Records Committee are a quorum for the transaction of
1853
business.
1854
(5) The state archives shall provide staff and support services for the State Records
1855
Committee.
1856
(6)(a) If the State Records Committee reassigns the classification or designation of a
1857
record or record series under Subsection (2)(b), any affected governmental entity or
1858
any other interested [person] party may appeal the reclassification or redesignation to
1859
the district court.
1860
(b) The district court shall hear the matter de novo.
1861
(7) The Office of the Attorney General shall provide counsel to the State Records
1862
Committee.
1863
Section 16. Section 63G-2-604 is amended to read:
1864
63G-2-604 . Retention and disposition of records.
1865
(1)(a) Except for a governmental entity that is permitted to maintain the governmental
1866
entity's own retention schedules under Part 7, Applicability to Political Subdivisions,
- 55 - 1st Sub. (Green) S.B. 163 02-13 21:05
1867
the Judiciary, the Legislature, and the Governor and Lieutenant Governor, each
1868
governmental entity shall file with the Records Management Committee created in
1869
Section 63A-12-112 a proposed schedule for the retention and disposition of each
1870
type of material that is defined as a record under this chapter.
1871
(b) After a retention schedule is reviewed and approved by the Records Management
1872
Committee under Subsection 63A-12-113(1)(b), the governmental entity shall
1873
maintain and destroy records in accordance with the retention schedule.
1874
(c) If a governmental entity subject to the provisions of this [section] Subsection (1) has
1875
not received an approved retention schedule from the Records Management
1876
Committee for a specific type of material that is defined as a record under this
1877
chapter, the general retention schedule maintained by the state archivist shall govern
1878
the retention and destruction of that type of material.
1879
(2) A retention schedule that is filed with or approved by the Records Management
1880
Committee under the requirements of this section is a public record.
1881
(3) A governmental entity shall, on an annual basis, before August 1:
1882
(a) review the governmental entity's records retention requirements;
1883
(b) update the governmental entity's records retention requirements, if needed;
1884
(c) determine whether the governmental entity is complying with the records retention
1885
requirements; and
1886
(d) take necessary action to ensure compliance with the records retention requirements.
1887
Section 17. Section 63G-2-605 is enacted to read:
1888
63G-2-605 . Employee education on government records requirements.
1889
A governmental entity shall comply with the applicable employee education
1890
requirements described in Section 63A-12-117.
1891
Section 18. Section 63G-2-701 is amended to read:
1892
63G-2-701 . Political subdivisions may adopt ordinances in compliance with
1893
chapter -- Appeal process.
1894
(1) As used in this section:
1895
(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
1896
(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
1897
(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
1898
(2)(a) Each political subdivision may adopt an ordinance or a policy [applicable
1899
throughout its jurisdiction] within the political subdivision's jurisdiction relating to
1900
information practices including classification, designation, access, denials,
- 56 - 02-13 21:05 1st Sub. (Green) S.B. 163
1901
segregation, appeals, management, retention, and amendment of records.
1902
(b) The ordinance or policy shall:
1903
(i) comply with the criteria [set forth] described in this section[.] ;
1904
(ii) provide guidance to staff and elected officials regarding the use of a personal
1905
device or account when conducting government business;
1906
(iii) assign records management staff specific responsibilities related to records
1907
management; and
1908
(iv) be approved by the political subdivision's governing body.
1909
(c) A political subdivision shall:
1910
(i) regularly train staff and elected officials on the records retention ordinance or
1911
policy; and
1912
(ii) implement a process to monitor and encourage compliance with the ordinance or
1913
policy by staff and elected officials.
1914
[(c)] (d) [If any] A political subdivision that does not adopt and maintain an ordinance or
1915
policy[, then that political subdivision] is subject to this chapter.
1916
[(d)] (e) Notwithstanding the adoption of an ordinance or policy, each political
1917
subdivision is subject to Part 1, General Provisions, Part 3, Classification, and
1918
Sections 63A-12-105, 63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206,
1919
63G-2-601, and 63G-2-602.
1920
[(e)] (f) [Every] A political subdivision shall file the political subdivision's ordinance,
1921
policy, [or] and each amendment to the ordinance or policy [shall be filed ]with [the ]
1922
state archives no later than 30 days after [its] the effective date of the ordinance,
1923
policy, or amendment.
1924
[(f)] (g) The political subdivision shall [also report to the state archives] provide to state
1925
archives all retention schedules[,] and all designations and classifications applied to a
1926
record series [maintained by] that the political subdivision maintains.
1927
[(g)] (h)(i) [The report required by Subsection (2)(f) is notification to state archives of
1928
the political subdivision's retention schedules, designations, and classifications.
1929
The report] The information provided under Subsection (2)(g) is not subject to
1930
approval by state archives.
1931
(ii) If state archives determines that a different retention schedule is needed for state
1932
purposes, state archives shall notify the political subdivision of the state's retention
1933
schedule for the records and shall maintain the records if requested to do so under
1934
Subsection 63A-12-105(2).
- 57 - 1st Sub. (Green) S.B. 163 02-13 21:05
1935
(3) Each political subdivision's ordinance or policy relating to information practices shall:
1936
(a) provide standards for [the] record classification and designation [of the records of the
1937
political subdivision ]as public, private, controlled, or protected in accordance with
1938
Part 3, Classification;
1939
(b) require [the] record classification [of the records of the political subdivision ]in
1940
accordance with [those] the standards described in Subsection (3)(a);
1941
(c) provide guidelines for [establishment of] establishing fees in accordance with Section
1942
63G-2-203; and
1943
(d) provide management and retention standards [for the management and retention of
1944
the records of the political subdivision ]comparable to Section 63A-12-103.
1945
(4)(a) Each ordinance or policy shall establish:
1946
(i) access criteria, procedures, and response times for requests to inspect, obtain, or
1947
amend records[ of the political subdivision,] ; and
1948
(ii) time limits for appeals consistent with this chapter.
1949
(b) [In establishing response times for access requests and time limits for appeals, the
1950
political subdivision may establish reasonable time frames different than those set out
1951
in Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the
1952
political subdivision are insufficient to meet the requirements of those sections] In
1953
establishing response times for access requests and time limits for appeals, if a
1954
political subdivision determines that the political subdivision's resources are
1955
insufficient to meet the requirements under this chapter, the political subdivision may
1956
set reasonable time frames different than the time frames described in Section
1957
63G-2-204 and Part 4, Appeals.
1958
(5)(a) A political subdivision shall establish an appeals process for [persons] a person
1959
aggrieved by a classification, designation, or access [decisions] decision.
1960
(b) A political subdivision's appeals process shall include a process for a requester or
1961
interested party to appeal an access denial, [to a person designated by the political
1962
subdivision as] as described in Section 63G-2-401, to the individual designated as the
1963
chief administrative officer[ for purposes of an appeal under Section 63G-2-401].
1964
(c)(i) A political subdivision may establish an appeals board to decide an appeal of a
1965
decision of the chief administrative officer affirming an access denial.
1966
(ii) An appeals board established by a political subdivision shall be composed of
1967
three members:
1968
(A) one of whom shall be an employee of the political subdivision; and
- 58 - 02-13 21:05 1st Sub. (Green) S.B. 163
1969
(B) two of whom shall be members of the public who are not employed by or
1970
officials of a governmental entity, at least one of whom shall have professional
1971
experience with requesting or managing records.
1972
(iii) If a political subdivision establishes an appeals board, any appeal of a decision of
1973
a chief administrative officer shall be made to the appeals board.
1974
(iv) If a political subdivision does not establish an appeals board, the political
1975
subdivision's appeals process shall provide for an appeal of a chief administrative
1976
officer's decision to the State Records Committee, as provided in Section
1977
63G-2-403.
1978
(d) A political subdivision that establishes an appeals board shall notify the executive
1979
secretary no later than 30 days after the day on which the political subdivision
1980
establishes the appeals board.
1981
(6)(a) A political subdivision or requester may appeal an appeals board decision:
1982
(i) to the State Records Committee, as provided in Section 63G-2-403; or
1983
(ii) by filing a petition for judicial review with the district court.
1984
(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
1985
conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
1986
63G-2-404.
1987
(c) A person who appeals an appeals board decision to the State Records Committee
1988
does not lose or waive the right to seek judicial review of the State Records
1989
Committee decision[ of the State Records Committee].
1990
(7) [Any] A political subdivision that adopts an ordinance or policy under Subsection [(1)]
1991
(2) shall forward[ to state archives] a copy and summary description of the ordinance or
1992
policy to state archives.
1993
Section 19. Section 63G-2-801 is amended to read:
1994
63G-2-801 . Criminal penalties.
1995
(1)(a) A public employee or other [person] individual who has lawful access to any
1996
private, controlled, or protected record under this chapter, and who intentionally
1997
discloses, provides a copy of, or improperly uses a private, controlled, or protected
1998
record knowing that the disclosure or use is prohibited under this chapter, [is, ]except
1999
as provided in Subsection 53-5-708(1)(c), is guilty of a class B misdemeanor.
2000
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
2001
private, controlled, or protected information in the reasonable belief that the use or
2002
disclosure of the information was necessary to expose a violation of law involving
- 59 - 1st Sub. (Green) S.B. 163 02-13 21:05
2003
government corruption, abuse of office, or misappropriation of public funds or
2004
property.
2005
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have
2006
lawfully been released to the recipient if it had been properly classified.
2007
(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
2008
other person disclosed, provided, or used the record based on a good faith belief that
2009
the disclosure, provision, or use was in accordance with the law.
2010
(2)(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
2011
copy of any private, controlled, or protected record to which the person is not legally
2012
entitled is guilty of a class B misdemeanor.
2013
(b) No person shall be guilty under Subsection (2)(a) who receives the record,
2014
information, or copy after the fact and without prior knowledge of or participation in
2015
the false pretenses, bribery, or theft.
2016
(3)(a) A public employee who intentionally refuses to release a record, the disclosure of
2017
which the employee knows is required by law, is guilty of a class B misdemeanor.
2018
(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
2019
failure to release the record was based on a good faith belief that the public employee
2020
was acting in accordance with the requirements of law.
2021
(c) A public employee who intentionally refuses to release a record, the disclosure of
2022
which the employee knows is required by a final unappealed order from a [
2023
government] governmental entity, the State Records Committee, or a court is guilty of
2024
a class B misdemeanor.
2025
(4)(a) As used in this Subsection (4), "pending records request" means that:
2026
(i) a person has made a record request; and
2027
(ii) the governmental entity:
2028
(A) has not denied the record request, but has not yet provided all records
2029
requested;
2030
(B) has denied the record request, in whole or in part, and the deadline for
2031
appealing the denial has not passed;
2032
(C) has denied the record request, in whole or in part, an appeal is filed in relation
2033
to the record request, and the appeal has not become final; or
2034
(D) is subject to an order to provide a record and has not yet fully complied with
2035
the order.
2036
(b) It is unlawful for an individual to destroy or delete a record that the individual
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2037
knows, or has reason to know, may be responsive to a pending records request, with
2038
the intent of avoiding disclosure of the record or information in the record.
2039
(c) Violation of Subsection (4)(b) is a class B misdemeanor.
2040
Section 20. Section 77-27-5 is amended to read:
2041
77-27-5 . Board of Pardons and Parole authority.
2042
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
2043
treason or impeachment, the board shall determine by majority decision when and
2044
under what conditions an offender's conviction may be pardoned or commuted.
2045
(b) The board shall determine by majority decision when and under what conditions an
2046
offender committed to serve a sentence at a penal or correctional facility, which is
2047
under the jurisdiction of the department, may:
2048
(i) be released upon parole;
2049
(ii) have a fine or forfeiture remitted;
2050
(iii) have the offender's criminal accounts receivable remitted in accordance with
2051
Section 77-32b-105 or 77-32b-106;
2052
(iv) have the offender's payment schedule modified in accordance with Section
2053
77-32b-103; or
2054
(v) have the offender's sentence terminated.
2055
(c) The board shall prioritize public safety when making a determination under
2056
Subsection (1)(a) or (1)(b).
2057
(d)(i) The board may sit together or in panels to conduct hearings.
2058
(ii) The chair shall appoint members to the panels in any combination and in
2059
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
2060
Utah Administrative Rulemaking Act.
2061
(iii) The chair may participate on any panel and when doing so is chair of the panel.
2062
(iv) The chair of the board may designate the chair for any other panel.
2063
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
2064
an open session, the board may not:
2065
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
2066
receivable;
2067
(B) release the offender on parole; or
2068
(C) commute, pardon, or terminate an offender's sentence.
2069
(ii) An action taken under this Subsection (1) other than by a majority of the board
2070
shall be affirmed by a majority of the board.
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2071
(f) A commutation or pardon may be granted only after a full hearing before the board.
2072
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
2073
shall be given to the offender.
2074
(b) The county or district attorney's office responsible for prosecution of the case, the
2075
sentencing court, and law enforcement officials responsible for the defendant's arrest
2076
and conviction shall be notified of any board hearings through the board's website.
2077
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
2078
notified of original hearings and any hearing after that if notification is requested and
2079
current contact information has been provided to the board.
2080
(d)(i) Notice to the victim or the victim's representative shall include information
2081
provided in Section 77-27-9.5, and any related rules made by the board under that
2082
section.
2083
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
2084
reasonable for the lay person to understand.
2085
(3)(a) A decision by the board is final and not subject for judicial review if the decision
2086
is regarding:
2087
(i) a pardon, parole, commutation, or termination of an offender's sentence;
2088
(ii) the modification of an offender's payment schedule for restitution; or
2089
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
2090
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
2091
4, Open and Public Meetings Act, when the board is engaged in the board's
2092
deliberative process.
2093
(c) Pursuant to Subsection [63G-2-103(25)(b)(xi)] 63G-2-103(28)(b)(xi), records of the
2094
deliberative process are exempt from Title 63G, Chapter 2, Government Records
2095
Access and Management Act.
2096
(d) Unless it will interfere with a constitutional right, deliberative processes are not
2097
subject to disclosure, including discovery.
2098
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
2099
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
2100
power to grant respite or reprieves in all cases of convictions for offenses against the
2101
state, except treason or conviction on impeachment.
2102
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
2103
next session of the board.
2104
(c) At the next session of the board, the board:
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2105
(i) shall continue or terminate the respite or reprieve; or
2106
(ii) may commute the punishment or pardon the offense as provided.
2107
(d) In the case of conviction for treason, the governor may suspend execution of the
2108
sentence until the case is reported to the Legislature at the Legislature's next session.
2109
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
2110
execution.
2111
(5)(a) In determining when, where, and under what conditions an offender serving a
2112
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
2113
offender's criminal accounts receivable remitted, or have the offender's sentence
2114
commuted or terminated, the board shall:
2115
(i) consider whether the offender has made restitution ordered by the court under
2116
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
2117
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
2118
commutation or termination of the offender's sentence;
2119
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
2120
making determinations under this Subsection (5);
2121
(iii) consider information provided by the department regarding an offender's
2122
individual case action plan; and
2123
(iv) review an offender's status within 60 days after the day on which the board
2124
receives notice from the department that the offender has completed all of the
2125
offender's case action plan components that relate to activities that can be
2126
accomplished while the offender is imprisoned.
2127
(b) The board shall determine whether to remit an offender's criminal accounts
2128
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
2129
77-32b-106.
2130
(6) In determining whether parole may be terminated, the board shall consider:
2131
(a) the offense committed by the parolee; and
2132
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
2133
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
2134
parole in accordance with the adult sentencing and supervision length guidelines, as
2135
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
2136
requirements of the law.
2137
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
2138
determining whether parole should be granted or terminated for an offender.
- 63 - 1st Sub. (Green) S.B. 163 02-13 21:05
2139
(9) The board may intervene as a limited-purpose party in a judicial or administrative
2140
proceeding, including a criminal action, to seek:
2141
(a) correction of an order that has or will impact the board's jurisdiction; or
2142
(b) clarification regarding an order that may impact the board's jurisdiction.
2143
(10) A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days
2144
after the day on which a court enters the order that impacts the board's jurisdiction.
2145
Section 21. Effective Date.
2146
This bill takes effect on May 7, 2025.
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