03-07 16:01 4th Sub. (Pumpkin) S.B. 163
Matt MacPherson 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: Matt MacPherson
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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 certain protected records;
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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;
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▸ makes technical and conforming changes; and
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▸ includes a coordination clause to resolve conflicts between this bill and S.B. 277,
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Government Records Management Amendments, to make technical changes that allow
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the changes in both bills to take effect.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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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-2-305, as last amended by Laws of Utah 2024, Chapters 18, 101, 135, 267, 344, and
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522
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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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Utah Code Sections affected by Coordination Clause:
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63G-2-403, as last amended by Laws of Utah 2024, Chapter 407
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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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193 (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:
415
(A) 25 or younger;
416
(B) 26 through 35;
417
(C) 36 through 45;
418
(D) 46 through 55;
419
(E) 56 through 65;
420
(F) 66 through 75; or
421
(G) 76 or older.
422
(p) The lieutenant governor or a county clerk may not disclose:
423
(i) information described in Subsection (4)(o) that, due to a small number of voters
424
affiliated with a particular political party, or due to another reason, would likely
425
reveal the identity of a voter if disclosed; or
426
(ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
427
county clerk determines that the nature of the address would directly reveal
428
sensitive information about the voter.
429
(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain, provide,
430
or use the information described in Subsection (4)(n) or (o), except to the extent that
431
the qualified person uses the information for a political purpose of a political party or
432
candidate for public office.
433
(5) When political parties not listed on the voter registration form qualify as registered
434
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures,
435
the lieutenant governor shall inform the county clerks of the name of the new political
436
party and direct the county clerks to ensure that the voter registration form is modified to
437
include that political party.
438
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
- 13 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
439
clerk's designee shall:
440
(a) review each voter registration form for completeness and accuracy; and
441
(b) if the county clerk believes, based upon a review of the form, that an individual may
442
be seeking to register or preregister to vote who is not legally entitled to register or
443
preregister to vote, refer the form to the county attorney for investigation and
444
possible prosecution.
445
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
446
person described in Subsection (4)(a)(i), the voter registration record, and information
447
obtained from the voter registration record, of a protected individual.
448
(8)(a) The lieutenant governor shall design and distribute the withholding request form
449
described in Subsection (7) to each election officer and to each agency that provides
450
a voter registration form.
451
(b) An individual described in Subsection (1)(e)(i) is not required to provide
452
verification, other than the individual's attestation and signature on the withholding
453
request form, that the individual, or an individual who resides with the individual, is a
454
victim of domestic violence or dating violence or is likely to be a victim of domestic
455
violence or dating violence.
456
(c) The director of elections within the Office of the Lieutenant Governor shall make
457
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
458
establishing requirements for providing the verification described in Subsection
459
(1)(e)(ii).
460
(9) An election officer or an employee of an election officer may not encourage an
461
individual to submit, or discourage an individual from submitting, a withholding request
462
form.
463
(10)(a) The lieutenant governor shall make and execute a plan to provide notice to
464
registered voters who are protected individuals, that includes the following
465
information:
466
(i) that the voter's classification of the record as private remains in effect;
467
(ii) that certain non-identifying information from the voter's voter registration record
468
may, under certain circumstances, be released to political parties and candidates
469
for public office;
470
(iii) that the voter's name, driver license or identification card number, social security
471
number, email address, phone number, and the voter's day, month, and year of
472
birth will remain private and will not be released to political parties or candidates
- 14 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
473
for public office;
474
(iv) that a county clerk will only release the information to political parties and
475
candidates in a manner that does not associate the information with a particular
476
voter; and
477
(v) that a county clerk may, under certain circumstances, withhold other information
478
that the county clerk determines would reveal identifying information about the
479
voter.
480
(b) The lieutenant governor may include in the notice described in this Subsection (10) a
481
statement that a voter may obtain additional information on the lieutenant governor's
482
website.
483
(c) The plan described in Subsection (10)(a) may include providing the notice described
484
in Subsection (10)(a) by:
485
(i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
486
(ii) publication on the lieutenant governor's website or a county's website;
487
(iii) posting the notice in public locations;
488
(iv) publication in a newspaper;
489
(v) sending notification to the voters by electronic means;
490
(vi) sending notice by other methods used by government entities to communicate
491
with citizens; or
492
(vii) providing notice by any other method.
493
(d) The lieutenant governor shall provide the notice included in a plan described in this
494
Subsection (10) before June 16, 2023.
495
Section 2. Section 20A-11-1205 is amended to read:
496
20A-11-1205 . Use of public email for a political purpose.
497
(1) Except as provided in Subsection (5), a person may not send an email using the email of
498
a public entity:
499
(a) for a political purpose;
500
(b) to advocate for or against a proposed initiative, initiative, proposed referendum,
501
referendum, a proposed bond, a bond, or any ballot proposition; or
502
(c) to solicit a campaign contribution.
503
(2)(a) The lieutenant governor shall, after giving the person and the complainant notice
504
and an opportunity to be heard, impose a civil fine against a person who violates
505
Subsection (1) as follows:
506
(i) up to $250 for a first violation; and
- 15 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
507
(ii) except as provided in Subsection (3), for each subsequent violation committed
508
after the lieutenant governor imposes a fine against the person for a first violation,
509
$1,000 multiplied by the number of violations committed by the person.
510
(b) A person may, within 30 days after the day on which the lieutenant governor
511
imposes a fine against the person under this Subsection (2), appeal the fine to a
512
district court.
513
(3) The lieutenant governor shall consider a violation of this section as a first violation if
514
the violation is committed more than seven years after the day on which the person last
515
committed a violation of this section.
516
(4) For purposes of this section, one violation means one act of sending an email, regardless
517
of the number of recipients of the email.
518
(5) A person does not violate this section if:
519
(a) the lieutenant governor finds that the email described in Subsection (1) was
520
inadvertently sent by the person using the email of a public entity;
521
(b) the person is directly providing information solely to another person or a group of
522
people in response to a question asked by the other person or group of people;
523
(c) the information the person emails is an argument or rebuttal argument prepared
524
under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing
525
argument and rebuttal argument that:
526
(i) relates to the same proposed initiative, initiative, proposed referendum, or
527
referendum; and
528
(ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
529
(d) the person is engaging in:
530
(i) an internal communication solely within the public entity;
531
(ii) a communication solely with another public entity;
532
(iii) a communication solely with legal counsel;
533
(iv) a communication solely with the sponsors of an initiative or referendum;
534
(v) a communication solely with a land developer for a project permitted by a local
535
land use law that is challenged by a proposed referendum or a referendum; or
536
(vi) a communication solely with a person involved in a business transaction directly
537
relating to a project described in Subsection (5)(d)(v).
538
(6) A violation of this section does not invalidate an otherwise valid election.
539
(7) An email sent in violation of Subsection (1), as determined by the records officer,
540
constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of
- 16 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
541
Title 63G, Chapter 2, Government Records Access and Management Act,
542
notwithstanding any applicability of Subsection [63G-2-103(25)(b)(i)]
543
63G-2-103(28)(b)(i).
544
Section 3. Section 63A-12-117 is enacted to read:
545
63A-12-117 . Summary of government records requirements -- Provision to
546
employee of a governmental entity.
547
(1) As used in this section:
548
(a) "Summary" means the one-page summary developed and updated by the division
549
under Subsection (2).
550
(b) "Summary" includes, in relation to a governmental entity that adopts an ordinance or
551
policy under Section 63G-2-701, the supplement developed and updated by the
552
governmental entity in accordance with Subsection (3).
553
(2) The division shall:
554
(a) before September 1, 2025, develop a one-page summary of Title 63G, Chapter 2,
555
Government Records Access and Management Act, to instruct an employee of a
556
governmental entity on legal requirements relating to records, including information
557
on:
558
(i) a citizen's ability to access public records;
559
(ii) the classification and retention of records;
560
(iii) the confidentiality of records that are not public records;
561
(iv) criminal penalties relating to government records; and
562
(v) where the employee may obtain additional information on questions relating to
563
government records;
564
(b) update the summary before September 1 each year; and
565
(c) post a copy of the summary in a conspicuous place on the division's website.
566
(3) A governmental entity that adopts an ordinance or policy under Section 63G-2-701 shall:
567
(a) before November 1, 2025, develop a supplement to the summary described in
568
Subsection (2) that:
569
(i) describes provisions in the ordinance or policy that differ from, or add to, the
570
provisions of the summary described in Subsection (2); and
571
(ii) does not exceed one page;
572
(b) update the supplement before November 1 each year; and
573
(c) post a copy of the supplement, with the summary described in Subsection (2), in a
574
conspicuous place on the governmental entity's website.
- 17 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
575
(4) A governmental entity described in Subsection (3) shall:
576
(a) on an annual basis, within 30 days after the day on which the governmental entity
577
develops or updates the supplement described in Subsection (3), provide each
578
employee of the governmental entity with a copy of the summary; and
579
(b) within 30 days after the day on which the governmental entity hires an employee,
580
provide the employee with a copy of the summary.
581
(5) A governmental entity, other than a governmental entity described in Subsection (3),
582
shall:
583
(a) on an annual basis, within 30 days after the day on which the division develops or
584
updates the summary, provide each employee of the governmental entity with a copy
585
of the summary; and
586
(b) within 30 days after the day on which the governmental entity hires an employee,
587
provide the employee with a copy of the summary.
588
Section 4. Section 63G-2-102 is amended to read:
589
63G-2-102 . Legislative intent.
590
(1) In enacting this act, the Legislature recognizes[ two constitutional rights]:
591
(a) the public's right of access to [information] records concerning the conduct of the
592
public's business; and
593
(b) the right of privacy in relation to personal data gathered by governmental entities.
594
(2) The Legislature also recognizes a public policy interest in allowing a government to
595
restrict access to certain records, as specified in this chapter, for the public good.
596
(3) It is the intent of the Legislature to:
597
(a) promote the public's right of easy and reasonable access to unrestricted public
598
records;
599
(b) specify those conditions under which the public interest in allowing restrictions on
600
access to records may outweigh the public's interest in access;
601
(c) prevent abuse of confidentiality by governmental entities by permitting confidential
602
treatment of records only as provided in this chapter;
603
(d) provide guidelines for both disclosure and restrictions on access to government
604
records, which are based on the equitable weighing of the pertinent interests and
605
which are consistent with nationwide standards of information practices;
606
(e) favor public access when, in the application of this act, countervailing interests are of
607
equal weight; and
608
(f) establish fair and reasonable records management practices.
- 18 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
609
Section 5. Section 63G-2-103 is amended to read:
610
63G-2-103 . Definitions.
611
As used in this chapter:
612
(1) "Audit" means:
613
(a) a systematic examination of financial, management, program, and related records for
614
the purpose of determining the fair presentation of financial statements, adequacy of
615
internal controls, or compliance with laws and regulations; or
616
(b) a systematic examination of program procedures and operations for the purpose of
617
determining [their] the program's effectiveness, economy, efficiency, and compliance
618
with statutes and regulations.
619
(2) "Chief administrative officer" means the chief administrative officer of a governmental
620
entity who is responsible to fulfill the duties described in Section 63A-12-103.
621
(3) "Chronological logs" mean the regular and customary summary records of law
622
enforcement agencies and other public safety agencies that show:
623
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
624
and
625
(b) any arrests or jail bookings made by the agency.
626
[(3)] (4) "Classification[,]" ["classify," and their derivative forms mean determining whether]
627
means the designation of a record series, record, or information within a record [is ] as:
628
(a) public[,] ;
629
(b) private[,] ;
630
(c) controlled[,] ;
631
(d) protected[,] ; or[ ]
632
(e) exempt from disclosure under Subsection 63G-2-201(3)(b).
633
(5) "Classify" means the process of designating or determining the classification of a record
634
series, record, or information within a record.
635
[(4)] (6)(a) "Computer program" means:
636
(i) a series of instructions or statements that [permit] permits the functioning of a
637
computer system in a manner designed to provide storage, retrieval, and
638
manipulation of data from the computer system; and
639
(ii) any associated documentation and source material that explain how to operate the
640
computer program.
641
(b) "Computer program" does not mean:
642
(i) the original data, including numbers, text, voice, graphics, and images;
- 19 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
643
(ii) analysis, compilation, and other manipulated forms of the original data produced
644
by use of the program; or
645
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
646
algorithms contained in the program, that would be used if the manipulated forms
647
of the original data were to be produced manually.
648
[(5)] (7)(a) "Contractor" means:
649
(i) [any] a person who contracts with a governmental entity to provide goods or
650
services directly to a governmental entity; or
651
(ii) [any] a private, nonprofit organization that receives funds from a governmental
652
entity.
653
(b) "Contractor" does not [mean] include a private provider.
654
[(6)] (8) "Controlled record" means a record containing data [on individuals] on an individual
655
that is controlled as [provided by] described in Section 63G-2-304.
656
[(7)] (9) ["Designation," "designate," and their derivative forms mean indicating]
657
"Designate," in relation to a record series, means, based on a governmental entity's
658
familiarity with a record series or based on a governmental entity's review of a
659
reasonable sample of a record series, specifying the primary classification that a
660
majority of records in a record series would be given if classified and the classification
661
that other records typically present in the record series would be given if classified.
662
[(8)] (10) "Elected official" means [each person] an individual elected to a state office,
663
county office, municipal office, school board or school district office, special district
664
office, or special service district office, but does not include judges.
665
[(9)] (11) "Explosive" means a chemical compound, device, or mixture:
666
(a) commonly used or intended for the purpose of producing an explosion; and
667
(b) that contains oxidizing or combustive units or other ingredients in proportions,
668
quantities, or packing so that:
669
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
670
compound or mixture may cause a sudden generation of highly heated gases; and
671
(ii) the resultant gaseous pressures are capable of:
672
(A) producing destructive effects on contiguous objects; or
673
(B) causing death or serious bodily injury.
674
[(10)] (12) "Government audit agency" means any governmental entity that conducts an
675
audit.
676
[(11)] (13)(a) "Governmental entity" means:
- 20 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
677
(i) executive department agencies of the state, the offices of the governor, lieutenant
678
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
679
and Parole, the Board of Examiners, the National Guard, the Career Service
680
Review Office, the State Board of Education, the Utah Board of Higher
681
Education, and the State Archives;
682
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
683
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
684
legislative committees, except any political party, group, caucus, or rules or sifting
685
committee of the Legislature;
686
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
687
administrative units in the judicial branch;
688
(iv) any state-funded institution of higher education or public education; or
689
(v) [any] a political subdivision of the state, [but, if a political subdivision has adopted
690
an ordinance or a policy relating to information practices pursuant to Section
691
63G-2-701, this chapter shall apply to the political subdivision to the extent
692
specified in Section 63G-2-701 or as specified in any other section of this chapter
693
that specifically refers to political subdivisions.] except to the extent expressly
694
provided otherwise in this chapter, including to the extent otherwise provided in
695
Section 63G-2-701.
696
(b) "Governmental entity" [also means] includes:
697
(i) every office, agency, board, bureau, committee, department, advisory board, or
698
commission of an entity listed in Subsection [(11)(a)] (13)(a) that is funded or
699
established by the government to carry out the public's business;
700
(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
701
undertaking, except for the Water District Water Development Council created
702
pursuant to Section 11-13-228;
703
(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
704
(iv) an association as defined in Section 53G-7-1101;
705
(v) the Utah Independent Redistricting Commission; and
706
(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
707
more law enforcement officers, as defined in Section 53-13-103.
708
(c) "Governmental entity" does not include the Utah Educational Savings Plan created in
709
Section 53B-8a-103.
710
[(12)] (14) "Gross compensation" means every form of remuneration payable for a given
- 21 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
711
period to an individual for services provided including salaries, commissions, vacation
712
pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind,
713
and any similar benefit received from the individual's employer.
714
[(13)] (15) "Individual" means a human being.
715
[(14)] (16)(a) "Initial contact report" means an initial written or recorded report, however
716
titled, prepared by [peace officers] a peace officer who is engaged in public patrol or
717
response duties [describing] that describes official actions initially taken in response
718
to [either ]a public complaint about or the discovery of an apparent violation of law,
719
which report may describe:
720
(i) the date, time, location, and nature of the complaint, the incident, or offense;
721
(ii) [names of victims] the victim's name;
722
(iii) the nature or general scope of the agency's initial actions taken in response to the
723
incident;
724
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
725
(v) the name, address, and other identifying information about [any person] an
726
individual who is arrested or charged in connection with the incident; or
727
(vi) the identity of the public safety personnel, except undercover personnel, or
728
prosecuting attorney involved in responding to the initial incident.
729
(b) "Initial contact [reports do] report" does not include:
730
(i) a follow-up or investigative [reports] report prepared after the initial contact report[.
731
However, if the information specified in Subsection (14)(a) appears in follow-up
732
or investigative reports, it may only be treated confidentially if it is private,
733
controlled, protected, or exempt from disclosure under Subsection 63G-2-201
734
(3)(b).] ; or
735
[(c)] (ii) [Initial contact reports do not include] an accident [reports] report, as that term
736
is described in Title 41, Chapter 6a, Part 4, Accident Responsibilities.
737
[(15)] (17) "Legislative body" means the Legislature.
738
[(16)] (18)(a) "Media representative" means an individual who requests a record to
739
obtain information for a story or report for a news publication or a news broadcast to
740
the general public.
741
(b) "Media representative" does not include an individual who requests a record to
742
obtain information for a blog, podcast, social media account, or other mass
743
communication methods generally available for a member of the public to
744
disseminate opinions or information.
- 22 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
745
(19) "Notice of compliance" means a statement confirming that a governmental entity has
746
complied with an order of the State Records Committee.
747
[(17) "Person" means:]
748
[(a) an individual;]
749
[(b) a nonprofit or profit corporation;]
750
[(c) a partnership;]
751
[(d) a sole proprietorship;]
752
[(e) other type of business organization; or]
753
[(f) any combination acting in concert with one another.]
754
[(18)] (20) "Personal identifying information" means the same as that term is defined in
755
Section 63A-12-100.5.
756
[(19)] (21) "Privacy annotation" means the same as that term is defined in Section
757
63A-12-100.5.
758
[(20)] (22) "Private provider" means any person who contracts with a governmental entity to
759
provide services directly to the public.
760
[(21)] (23) "Private record" means a record containing data on [individuals] an individual
761
that is private as provided by Section 63G-2-302.
762
[(22)] (24) "Protected record" means a record that is classified protected as provided by
763
Section 63G-2-305.
764
[(23)] (25) "Public record" means a record that is not private, controlled, or protected and
765
that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
766
[(24)] (26) "Reasonable search" means a search that is:
767
(a) reasonable in scope and intensity; and
768
(b) not unreasonably burdensome for the government entity.
769
(27) "Reasonable specificity" means that:
770
(a) a request for a record or multiple records:
771
(i) describes the requested records' scope, nature, content, and subject; and
772
(ii) for records that will be searched electronically, specifies the names, words, or
773
symbols to be used as search terms; and
774
(b) the request has sufficient specificity to identify the records sought.
775
[(25)] (28)(a) "Record" means [a book, letter, document, paper, map, plan, photograph,
776
film, card, tape, recording, electronic data, or other documentary material regardless
777
of physical form or characteristics] recorded information, regardless of medium,
778
characteristics, or location:
- 23 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
779
(i) that is prepared, owned, received, or retained by a governmental entity or political
780
subdivision; and
781
(ii) where all of the information in the original is reproducible by photocopy or other
782
mechanical or electronic means.
783
(b) "Record" does not include:
784
(i) a personal note or personal communication prepared or received by an employee
785
or officer of a governmental entity:
786
(A) in a capacity other than the employee's or officer's governmental capacity; or
787
(B) that is unrelated to the conduct of the public's business;
788
(ii) a temporary draft or similar material prepared for the originator's personal use or
789
prepared by the originator for the personal use of an individual for whom the
790
originator is working;
791
(iii) material that is legally owned by an individual in the individual's private capacity;
792
(iv) material to which access is limited by the laws of copyright or patent unless the
793
copyright or patent is owned by a governmental entity or political subdivision;
794
(v) proprietary software;
795
(vi) junk mail or a commercial publication received by a governmental entity or an
796
official or employee of a governmental entity;
797
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
798
of a library open to the public;
799
(viii) material that is cataloged, indexed, or inventoried and contained in the
800
collections of a library open to the public, regardless of physical form or
801
characteristics of the material;
802
(ix) a daily calendar[ ];
803
(x) a note prepared by the originator for the originator's own use or for the sole use of
804
an individual for whom the originator is working;
805
(xi) a computer program that is developed or purchased by or for [any] a
806
governmental entity for [its] the governmental entity's own use;
807
(xii) a note or internal memorandum prepared as part of the deliberative process by:
808
(A) a member of the judiciary;
809
(B) an administrative law judge;
810
(C) a member of the Board of Pardons and Parole; or
811
(D) a member of any other body, other than an association or appeals panel as
812
defined in Section 53G-7-1101, charged by law with performing a
- 24 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
813
quasi-judicial function;
814
(xiii) a telephone number or similar code used to access a mobile communication
815
device that is used by an employee or officer of a governmental entity, provided
816
that the employee or officer of the governmental entity has designated at least one
817
business telephone number that is a public record as provided in Section
818
63G-2-301;
819
(xiv) information provided by the Public Employees' Benefit and Insurance Program,
820
created in Section 49-20-103, to a county to enable the county to calculate the
821
amount to be paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
822
(xv) information that an owner of unimproved property provides to a local entity as
823
provided in Section 11-42-205;
824
(xvi) a video or audio recording of an interview, or a transcript of the video or audio
825
recording, that is conducted at a Children's Justice Center established under
826
Section 67-5b-102;
827
(xvii) child sexual abuse material, as defined by Section 76-5b-103;
828
(xviii) before final disposition of an ethics complaint occurs, a video or audio
829
recording of the closed portion of a meeting or hearing of:
830
(A) a Senate or House Ethics Committee;
831
(B) the Independent Legislative Ethics Commission;
832
(C) the Independent Executive Branch Ethics Commission, created in Section
833
63A-14-202; or
834
(D) the Political Subdivisions Ethics Review Commission established in Section
835
63A-15-201;
836
(xix) confidential communication described in Section 58-60-102, 58-61-102, or
837
58-61-702;
838
(xx) any item described in Subsection (25)(a) that is:
839
(A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
840
(B) shared between any of the following entities:
841
(I) the Division of Risk Management;
842
(II) the Office of the Attorney General;
843
(III) the governor's office; or
844
(IV) the Legislature; or
845
(xxi) the email address that a candidate for elective office provides to a filing officer
846
under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv).
- 25 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
847
[(26)] (29) "Record request" means a request for a record under Section 63G-2-204.
848
(30) "Record series" means a group of records that may be treated as a unit for purposes of
849
designation, description, management, or disposition.
850
[(27)] (31) "Records officer" means [the] an individual appointed by [the] a chief
851
administrative officer of each governmental entity[, or the] in accordance with Section
852
63A-12-103, or by a political subdivision, to work with state archives in the care,
853
maintenance, scheduling, designation, classification, disposal, and preservation of
854
records.
855
[(28)] (32) "Schedule," ["scheduling," and their derivative forms mean] when used as a verb,
856
means:
857
(a) the process of specifying the length of time each record series should be retained by a
858
governmental entity for administrative, legal, fiscal, or historical purposes; and
859
(b) when each record series should be transferred to the state archives or destroyed.
860
[(29)] (33) "Sponsored research" means research, training, and other sponsored activities as
861
defined by the federal Executive Office of the President, Office of Management and
862
Budget:
863
(a) conducted:
864
(i) by an institution within the state system of higher education defined in Section
865
53B-1-102; and
866
(ii) through an office responsible for sponsored projects or programs; and
867
(b) funded or otherwise supported by an external:
868
(i) person that is not created or controlled by the institution within the state system of
869
higher education; or
870
(ii) federal, state, or local governmental entity.
871
[(30)] (34) "State archives" means the Division of Archives and Records Service created in
872
Section 63A-12-101.
873
[(31)] (35) "State archivist" means the director of the state archives.
874
[(32)] (36) "State Records Committee" means the State Records Committee created in
875
Section 63G-2-501.
876
[(33)] (37) "Summary data" means statistical records and compilations that contain data
877
derived from private, controlled, or protected information but that do not disclose
878
private, controlled, or protected information.
879
Section 6. Section 63G-2-107 is amended to read:
880
63G-2-107 . Disclosure of records subject to federal law or other provisions of
- 26 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
881
state law.
882
(1)(a) The disclosure of a record to which access is governed or limited pursuant to court
883
rule, another state statute, federal statute, or federal regulation, including a record for
884
which access is governed or limited as a condition of participation in a state or
885
federal program or for receiving state or federal funds, is governed by the specific
886
provisions of that statute, rule, or regulation.
887
(b) Except as provided in Subsections (2) and (3), this chapter applies to records
888
described in Subsection (1)(a) to the extent that this chapter is not inconsistent with
889
the statute, rule, or regulation.
890
(2) Except as provided in Subsection (4), this chapter does not apply to a record containing
891
protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of
892
Individually Identifiable Health Information, or to any portion of the record, if the
893
record is:
894
(a) controlled or maintained by a governmental entity; and
895
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
896
Identifiable Health Information.
897
[(3) The disclosure of an education record as defined in the Family Educational Rights and
898
Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity
899
is governed by the Family Educational Rights and Privacy Act, 34 C.F.R.
900
Part 99.]
901
(3)(a) As used in this Subsection (3), "education records" means the same as that term is
902
defined in the Family Educational Rights and Privacy Act, 20 U.S.C Sec. 1232g.
903
(b) Except as provided in Subsection (4), this chapter does not apply to education
904
records or to any portion of an education record, regardless of whether the education
905
records were requested before May 7, 2025, or on or after May 7, 2025.
906
(c) A governmental entity that is subject to the Family Educational Rights and Privacy
907
Act, 20 U.S.C Sec. 1232g, shall respond to a request for access to education records
908
in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C Sec.
909
1232g.
910
(4) This section does not exempt any record or record series from the provisions of
911
Subsection 63G-2-601(1).
912
Section 7. Section 63G-2-201 is amended to read:
913
63G-2-201 . Provisions relating to records -- Public records -- Private, controlled,
914
protected, and other restricted records -- Disclosure and nondisclosure of records --
- 27 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
915
Certified copy of record -- Limits on obligation to respond to record request.
916
(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public
917
record free of charge, and the right to take a copy of a public record during normal
918
working hours, subject to Sections 63G-2-203 and 63G-2-204.
919
(b) A right under Subsection (1)(a) does not apply with respect to a record:
920
(i) a copy of which the governmental entity has already provided to the person;
921
(ii) that is the subject of a records request that the governmental entity is not required
922
to fill under Subsection (7)(a)(v); or
923
(iii)(A) that is accessible only by a computer or other electronic device owned or
924
controlled by the governmental entity;
925
(B) that is part of an electronic file that also contains a record that is private,
926
controlled, or protected; and
927
(C) that the governmental entity cannot readily segregate from the part of the
928
electronic file that contains a private, controlled, or protected record.
929
(2) A record is public unless otherwise expressly provided by statute.
930
(3) The following records are not public:
931
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
932
63G-2-304, and 63G-2-305; and
933
(b) a record to which access is restricted pursuant to court rule, another state statute,
934
federal statute, or federal regulation, including records for which access is governed
935
or restricted as a condition of participation in a state or federal program or for
936
receiving state or federal funds.
937
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305
938
may be classified private, controlled, or protected.
939
(5)(a) A governmental entity may not disclose a record that is private, controlled, or
940
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c),
941
Section 63G-2-202, 63G-2-206, or 63G-2-303.
942
(b) A governmental entity may disclose a record that is private under Subsection
943
63G-2-302(2) or protected under Section 63G-2-305 to [persons] a person other than [
944
those] a person specified in Section 63G-2-202 or 63G-2-206 if the [head of a
945
governmental entity, or a designee,] chief administrative officer or records officer
946
determines that:
947
(i) there is no interest in restricting access to the record; or
948
(ii) the interests favoring access are greater than or equal to the interest favoring
- 28 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
949
restriction of access.
950
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
951
disclose a record that is protected under Subsection 63G-2-305(51) if:
952
(i) the [head of the governmental entity, or a designee,] chief administrative officer or
953
records officer determines that the disclosure:
954
(A) is mutually beneficial to:
955
(I) the subject of the record;
956
(II) the governmental entity; and
957
(III) the public; and
958
(B) serves a public purpose related to:
959
(I) public safety; or
960
(II) consumer protection; and
961
(ii) the person who receives the record from the governmental entity agrees not to use
962
or allow the use of the record for advertising or solicitation purposes.
963
(6) A governmental entity shall provide a person with a certified copy of a record if:
964
(a) the person requesting the record has a right to inspect it;
965
(b) the person identifies the record with reasonable specificity; and
966
(c) the person pays the lawful fees.
967
(7)(a) In response to a request, a governmental entity is not required to:
968
(i) create a record;
969
(ii) compile, format, manipulate, package, summarize, or tailor information;
970
(iii) provide a record in a particular format, medium, or program not currently
971
maintained by the governmental entity;
972
(iv) fulfill a person's records request if the request unreasonably duplicates prior
973
records requests from that person;
974
(v) fill a person's records request if:
975
(A) the record requested is:
976
(I) publicly accessible online; or
977
(II) included in a public publication or product produced by the governmental
978
entity receiving the request; and
979
(B) the governmental entity:
980
(I) specifies to the person requesting the record where the record is accessible
981
online; or
982
(II) provides the person requesting the record with the public publication or
- 29 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
983
product and specifies where the record can be found in the public
984
publication or product; or
985
(vi) fulfill a person's records request if:
986
(A) the person has been determined under Section 63G-2-209 to be a vexatious
987
requester;
988
(B) the State Records Committee order determining the person to be a vexatious
989
requester provides that the governmental entity is not required to fulfill a
990
request from the person for a period of time; and
991
(C) the period of time described in Subsection (7)(a)(vi)(B) has not expired.
992
(b) A governmental entity shall conduct a reasonable search for a requested record.
993
(8)(a) Although not required to do so, a governmental entity may, upon request from the
994
person who submitted the records request, compile, format, manipulate, package,
995
summarize, or tailor information or provide a record in a format, medium, or program
996
not currently maintained by the governmental entity.
997
(b) In determining whether to fulfill a request described in Subsection (8)(a), a
998
governmental entity may consider whether the governmental entity is able to fulfill
999
the request without unreasonably interfering with the governmental entity's duties
1000
and responsibilities.
1001
(c) A governmental entity may require a person who makes a request under Subsection
1002
(8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for
1003
providing the information or record as requested.
1004
(9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection
1005
(9)(b), a governmental entity is not required to respond to, or provide a record in
1006
response to, a record request if the request is submitted by or in behalf of an
1007
individual who is confined in a jail or other correctional facility following the
1008
individual's conviction.
1009
(b) Subsection (9)(a) does not apply to:
1010
(i) the first five record requests submitted to the governmental entity by or in behalf
1011
of an individual described in Subsection (9)(a) during any calendar year
1012
requesting only a record that contains a specific reference to the individual; or
1013
(ii) a record request that is submitted by an attorney of an individual described in
1014
Subsection (9)(a).
1015
(10)(a) A governmental entity may allow a person requesting more than 50 pages of
1016
records to copy the records if:
- 30 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1017
(i) the records are contained in files that do not contain records that are exempt from
1018
disclosure, or the records may be segregated to remove private, protected, or
1019
controlled information from disclosure; and
1020
(ii) the governmental entity provides reasonable safeguards to protect the public from
1021
the potential for loss of a public record.
1022
(b) If the requirements of Subsection (10)(a) are met, the governmental entity may:
1023
(i) provide the requester with the facilities for copying the requested records and
1024
require that the requester make the copies; or
1025
(ii) allow the requester to provide the requester's own copying facilities and personnel
1026
to make the copies at the governmental entity's offices and waive the fees for
1027
copying the records.
1028
(11)(a) A governmental entity that owns an intellectual property right and that offers the
1029
intellectual property right for sale or license may control by ordinance or policy the
1030
duplication and distribution of the material based on terms the governmental entity
1031
considers to be in the public interest.
1032
(b) Nothing in this chapter [shall be construed to limit or impair] limits or impairs the
1033
rights or protections granted to the governmental entity under federal copyright or
1034
patent law as a result of [its ownership of ]the intellectual property right ownership.
1035
(12) A governmental entity may not use the physical form, electronic or otherwise, in
1036
which a record is stored to deny[,] or unreasonably hinder the rights of a person to
1037
inspect and receive a copy of a record under this chapter.
1038
(13) Subject to the requirements of Subsection (7), a governmental entity shall provide
1039
access to an electronic copy of a record in lieu of providing access to [its] the record's
1040
paper equivalent if:
1041
(a) the person making the request requests or states a preference for an electronic copy;
1042
(b) the governmental entity currently maintains the record in an electronic format that is
1043
reproducible and may be provided without reformatting or conversion; and
1044
(c) the electronic copy of the record:
1045
(i) does not disclose other records that are exempt from disclosure; or
1046
(ii) may be segregated to protect private, protected, or controlled information from
1047
disclosure without the undue expenditure of public resources or funds.
1048
(14) In determining whether a record is properly classified as private under Subsection
1049
63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
1050
board, or court shall consider and weigh:
- 31 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1051
(a) any personal privacy [interests] interest, including [those] a personal privacy interest
1052
in images, that would be affected by disclosure of the records[ in question]; and
1053
(b) any public [interests] interest served by disclosure.
1054
Section 8. Section 63G-2-203 is amended to read:
1055
63G-2-203 . Fees.
1056
(1)(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to
1057
cover the governmental entity's actual cost of providing a record.
1058
(b) A fee [under] described in Subsection (1)(a) shall be approved by the governmental
1059
entity's executive officer.
1060
(2)(a) [When a governmental entity compiles a record in a form other than that normally
1061
maintained by the governmental entity, the] The actual costs under this section may
1062
include the following:
1063
(i) the cost of staff time for compiling, formatting, manipulating, packaging,
1064
summarizing, or tailoring the record either into an organization or media to meet
1065
the person's request;
1066
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for
1067
complying with a request; and
1068
(iii) [in the case of fees ]for a record that is the result of computer output other than
1069
word processing, in addition to costs described in Subsections (2)(a)(i) and (ii),
1070
the actual incremental cost of providing the electronic services and products
1071
together with a reasonable portion of the costs associated with formatting or
1072
interfacing the information for particular users[, and the administrative costs as set
1073
forth in Subsections (2)(a)(i) and (ii)].
1074
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
1075
paid employee who, in the discretion of the custodian of records, has the necessary
1076
skill and training to perform the request.
1077
(3)(a) Fees shall be established as provided in this Subsection (3).
1078
(b) A governmental entity with fees established by the Legislature:
1079
(i) shall establish the fees defined in Subsection (2), or other actual costs associated
1080
with this section through the budget process; and
1081
(ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
1082
establishes fees through the budget process.
1083
(c) Political subdivisions shall establish fees by ordinance or written formal policy
1084
adopted by the governing body.
- 32 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1085
(d) The judiciary shall establish fees by rules of the judicial council.
1086
(4) A governmental entity may fulfill a record request without charge, and is encouraged to[
1087
do so if it] , if the governmental entity determines that:
1088
(a) releasing the record primarily benefits the public rather than a person;
1089
(b) the individual requesting the record is the subject of the record, or an individual
1090
specified in Subsection 63G-2-202(1) or (2); or
1091
(c) the requester's legal rights are directly implicated by the information in the record,
1092
and the requester is impecunious.
1093
[(5)(a) As used in this Subsection (5), "media representative":]
1094
[(i) means a person who requests a record to obtain information for a story or report
1095
for publication or broadcast to the general public; and]
1096
[(ii) does not include a person who requests a record to obtain information for a blog,
1097
podcast, social media account, or other means of mass communication generally
1098
available to a member of the public.]
1099
[(b)] (5)(a) A governmental entity may not charge a fee for:
1100
(i) reviewing a record to determine whether it is subject to disclosure, except as
1101
permitted by Subsection (2)(a)(ii);
1102
(ii) inspecting a record; or
1103
(iii) the first quarter hour of staff time spent in responding to a request under Section
1104
63G-2-204.
1105
[(c)] (b) Notwithstanding Subsection [(5)(b)(iii)] (5)(a)(iii), a governmental entity is not
1106
prevented from charging a fee for the first quarter hour of staff time spent in
1107
responding to a request under Section 63G-2-204 if the person who submits the
1108
request:
1109
(i) is not a Utah media representative; and
1110
(ii) previously submitted a separate request within the 10-day period immediately
1111
before the date of the request to which the governmental entity is responding.
1112
(6)(a) A person who believes that there has been an unreasonable denial of a fee waiver
1113
under Subsection (4) may appeal the denial in the same manner as [a person appeals
1114
when inspection of a public record is denied] a denial under Section 63G-2-205.
1115
(b) The adjudicative body hearing the appeal:
1116
(i) shall review the fee waiver de novo[, but] ;
1117
(ii) notwithstanding Subsection (6)(b)(i), shall review and consider the governmental
1118
entity's denial of the fee waiver and any determination under Subsection (4); and
- 33 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1119
[(ii)] (iii) has the same authority when a fee waiver or reduction is denied as [it] the
1120
adjudicative body has when the inspection of a public record is denied.
1121
(c) An adjudicative body hearing an appeal under this Subsection (6) is not required to
1122
schedule a hearing if the adjudicative body previously upheld a fee waiver denial for
1123
a fee charged under this section:
1124
(i) for the same records; or
1125
(ii) under the same facts or circumstances applicable to the matter appealed under this
1126
Subsection (6).
1127
(7)(a) If a governmental entity denies a fee waiver request under this section, the
1128
governmental entity shall inform the requester of the estimated cost of fulfilling the
1129
record request.
1130
(b) The governmental entity shall provide the requester with an opportunity, no later
1131
than 10 business days after the day on which the governmental entity provides notice
1132
of the estimated cost, to:
1133
(i) agree to pay the estimated fees; or
1134
(ii) cancel the record request.
1135
(c) If the requester fails to respond within the time described in Subsection (7)(b), the
1136
governmental entity may not consider the request.
1137
(d) Nothing in this Subsection (7) prevents a requester from submitting a new record
1138
request.
1139
[(7)] (8)(a) All fees received under this section by a governmental entity subject to
1140
Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
1141
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
1142
governmental entity in providing the requested record or record series.
1143
[(8)] (9)(a) [A] Subject to Subsections (9)(c) and (d), a governmental entity may require
1144
payment of past fees and future estimated fees before beginning to process a request
1145
if:
1146
(i) fees are expected to exceed $50; or
1147
(ii) the requester has not paid fees from a previous [requests] request.
1148
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
1149
(c) A governmental entity that receives a request from a requester that has not paid fees
1150
owed by the requester for a previous request may refuse to respond to the request
1151
until the requester pays the amount owed for the previous request, if, within the time
1152
period described in Subsection 63G-2-204(4), the governmental entity notifies the
- 34 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1153
requester, in writing:
1154
(i) of the amount owed for the previous request;
1155
(ii) of the request to which the amount owed relates; and
1156
(iii) that the governmental entity will not respond to the request until the requester
1157
pays the amount owed for the previous request.
1158
(d) The notification described in Subsection (9)(c) is not a denial under Section
1159
63G-2-205.
1160
[(9)] (10) This section does not alter, repeal, or reduce fees established by other statutes or
1161
legislative acts.
1162
[(10)] (11)(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall
1163
be set as provided in this Subsection [(10)] (11).
1164
(b) The lieutenant governor shall:
1165
(i) after consultation with county clerks, establish uniform fees for voter registration
1166
and voter history records that meet the requirements of this section; and
1167
(ii) obtain legislative approval of those fees by following the procedures and
1168
requirements of Section 63J-1-504.
1169
Section 9. Section 63G-2-204 is amended to read:
1170
63G-2-204 . Record request -- Response -- Time for responding.
1171
(1)(a) A person [making a request for a record] who makes a record request shall submit
1172
to the governmental entity that retains the record a written request containing:
1173
(i) the person's:
1174
(A) name;
1175
(B) mailing address;
1176
(C) email address, if the person has an email address and is willing to accept
1177
communications by email relating to the person's [records request] record
1178
request; and
1179
(D) daytime telephone number; and
1180
(ii) a description of the record requested that identifies the record with reasonable
1181
specificity.
1182
(b)(i) A single record request may not be submitted to multiple governmental entities.
1183
(ii) Subsection (1)(b)(i) [may not be construed to] does not prevent a person from
1184
submitting a separate record request to [each of ]multiple governmental entities,
1185
even if each [of the separate requests] separate request seeks access to the same
1186
record.
- 35 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1187
(c) When making a record request, the requester may seek an expedited response to the
1188
request if the requester provides an explanation of how the expedited response
1189
benefits the public rather than the requester.
1190
(d) Subject to Subsection (1)(f), a governmental entity may reject a record request that
1191
does not comply with the requirements described in Subsection (1)(a).
1192
(e) The rejection of a record request under Subsection (1)(d) does not constitute an
1193
access denial as defined in Section 63G-2-400.5.
1194
(f) If a governmental entity rejects a record request under Subsection (1)(d) because the
1195
description of the record requested fails to identify the record with reasonable
1196
specificity, the governmental entity shall make a good faith effort to assist the
1197
requester in providing reasonable specificity.
1198
(2)(a) In response to a [request for a record] record request, a governmental entity may
1199
not provide a record that [it has received] the governmental entity receives under
1200
Section 63G-2-206 as a shared record.
1201
(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a),
1202
the governmental entity shall:
1203
(i) deny the [records] record request; and
1204
(ii) [inform the person making the request of the identity] provide the requester with
1205
the name of the governmental entity from which the shared record was received.
1206
(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah
1207
Administrative Rulemaking Act, specifying where and to whom [requests for access
1208
shall be] a record request is directed.
1209
[(4) After receiving a request for a record, a governmental entity shall:]
1210
[(a) review each request that seeks an expedited response and notify, within five
1211
business days after receiving the request, each requester that has not demonstrated
1212
that their record request benefits the public rather than the person that their response
1213
will not be expedited; and]
1214
[(b) as soon as reasonably possible, but no later than 10 business days after receiving a
1215
written request, or five business days after receiving a written request if the requester
1216
demonstrates that expedited response to the record request benefits the public rather
1217
than the person:]
1218
[(i) approve the request and provide a copy of the record;]
1219
[(ii) deny the request in accordance with the procedures and requirements of Section
1220
63G-2-205;]
- 36 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1221
[(iii) notify the requester that it does not maintain the record requested and provide, if
1222
known, the name and address of the governmental entity that does maintain the
1223
record; or]
1224
[(iv) notify the requester that because of one of the extraordinary circumstances listed
1225
in Subsection (6), it cannot immediately approve or deny the request, and include
1226
with the notice:]
1227
[(A) a description of the circumstances that constitute the extraordinary
1228
circumstances; and]
1229
[(B) the date when the records will be available, consistent with the requirements
1230
of Subsection (7).]
1231
[(5)] (4) After a governmental entity receives a written record request, if the requester seeks
1232
an expedited response in accordance with Subsection (1)(c), the governmental entity
1233
shall:
1234
(a) review the request to determine if an expedited response:
1235
(i) is warranted, because the expedited response benefits the public rather than the
1236
requester as described in Subsection (1)(c); and
1237
(ii) is reasonably possible under the circumstances;
1238
(b) no later than five business days after the day on which the governmental entity
1239
receives the request:
1240
(i) if the governmental entity determines that an expedited response is warranted and
1241
reasonably possible under the circumstances, respond to the record request in
1242
accordance with the requirements of this chapter; or
1243
(ii) if the governmental entity determines that an expedited response is not warranted
1244
or is not reasonably possible under the circumstances:
1245
(A) deny the request for an expedited response;
1246
(B) notify the requester of the determination and the grounds for the
1247
determination; and
1248
(C) inform the requester that the governmental entity will respond to the record
1249
request as a non-expedited request, in accordance with the requirements of law;
1250
and
1251
(c) if the governmental entity denies the request for an expedited response under
1252
Subsection (4)(b)(ii), respond to the record request under Subsection (5).
1253
(5) After a governmental entity receives a record request, if the requester does not seek an
1254
expedited response in accordance with Subsection (1)(c), or if the governmental entity
- 37 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1255
denies a request for an expedited response under Subsection (4)(b)(ii), the governmental
1256
entity shall, no later than 15 business days after the day on which the governmental
1257
entity receives the request:
1258
(a) approve the request and provide the requester with a copy of the record;
1259
(b) approve the request, subject to the payment of a fee in accordance with Section
1260
63G-2-203;
1261
(c) deny the request in accordance with Section 63G-2-205;
1262
(d) notify the requester that the governmental entity does not retain the record and
1263
provide the requester with the name and address of the governmental entity that
1264
maintains the record, if known;
1265
(e) notify the requester that the governmental entity:
1266
(i) conducted a reasonable search for the record; and
1267
(ii) was unable to locate a record that is responsive to the request; or
1268
(f) notify the requester that because of an exceptional circumstance, as described in
1269
Subsection (7), the governmental entity is unable to immediately approve or deny the
1270
record request, and include with the notice:
1271
(i) a description of the circumstance that constitutes the exceptional circumstance; and
1272
(ii) the anticipated date when the record request will be fulfilled.
1273
(6) [Any person who requests a record] A media representative who makes a record request
1274
to obtain information for a story or report for publication or broadcast to the general
1275
public is presumed to be acting to benefit the public rather than [a person] the media
1276
representative.
1277
[(6)] (7) The following circumstances constitute ["extraordinary circumstances"] exceptional
1278
circumstances that allow a governmental entity to delay approval or denial by an
1279
additional period of time as [specified] described in Subsection [(7)] (8) if the
1280
governmental entity determines that, due to the [extraordinary circumstances it]
1281
exceptional circumstances, the governmental entity cannot respond within the time [
1282
limits provided in Subsection (4)] described in Subsection (5):
1283
(a) another governmental entity is using the record, in which case the originating
1284
governmental entity shall promptly request that the governmental entity currently in
1285
possession return the record;
1286
(b) another governmental entity is using the record as part of an audit, and returning the
1287
record before the completion of the audit would impair the conduct of the audit;
1288
(c)(i) the request is for a voluminous quantity of records or a record series containing
- 38 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1289
a substantial number of records; or
1290
(ii) the requester seeks a substantial number of records or records series in requests
1291
filed within five working days of each other;
1292
(d) the governmental entity is currently processing a large number of records requests;
1293
(e) the request requires the governmental entity to review a large number of records to
1294
locate the records requested;
1295
(f) the decision to release a record involves legal issues that require the governmental
1296
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations,
1297
or case law;
1298
(g) segregating information that the requester is entitled to inspect from information that
1299
the requester is not entitled to inspect requires extensive time or editing; or
1300
(h) segregating information that the requester is entitled to inspect from information that
1301
the requester is not entitled to inspect requires computer programming.
1302
[(7)] (8) [If one of the extraordinary circumstances listed] If an exceptional circumstance
1303
described in Subsection [(6)] (7) precludes approval or denial within the time [specified
1304
in Subsection (4)] described in Subsection (5), the following time limits apply to the [
1305
extraordinary circumstances] exceptional circumstance:
1306
(a) for claims under Subsection [(6)(a)] (7)(a), the governmental entity currently in
1307
possession of the record shall return the record to the originating entity within five
1308
business days [of] after the day of the request for the return, unless returning the
1309
record would impair the [holder's] governmental entity's work;
1310
(b) for claims under Subsection [(6)(b)] (7)(b), the originating governmental entity shall
1311
notify the requester when the record is available for inspection and copying;
1312
(c) for claims under [Subsections (6)(c), (d), and (e)] Subsection (7)(c), (d), or (e), the
1313
governmental entity shall:
1314
(i) disclose the records [that it has located which] the governmental entity locates that
1315
the requester is entitled to inspect;
1316
(ii) provide the requester with [an estimate of the amount of time it will take to finish
1317
the work required] a time estimate that the governmental entity needs to respond to
1318
the request;
1319
(iii) complete the work and disclose those records that the requester is entitled to
1320
inspect as soon as reasonably possible; and
1321
(iv) for [any person] a person that does not establish a right to an expedited response
1322
as [authorized by] described in Subsection (4), a governmental entity may[ choose
- 39 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1323
to]:
1324
(A) require the person to [provide for copying of the records as provided] copy the
1325
records as described in Subsection 63G-2-201(10); or
1326
(B) [treat a request for multiple records as separate record requests, and respond
1327
sequentially to each request;] treat a request for multiple records as multiple
1328
requests and respond to each request sequentially and separately;
1329
(d) for claims under Subsection [(6)(f)] (7)(f), the governmental entity shall either
1330
approve or deny the request within five business days after the [response time
1331
specified for the original request has expired] day of the deadline described in
1332
Subsection (5);
1333
(e) for claims under Subsection [(6)(g)] (7)(g), the governmental entity shall, to the
1334
extent reasonably possible, fulfill the request [within 15] no later than 20 business
1335
days [from the date of the original request] after the day on which the governmental
1336
entity receives the request; or
1337
(f) for claims under Subsection [(6)(h)] (7)(h), the governmental entity shall complete [its]
1338
the necessary computer programming and disclose the requested records as soon as
1339
reasonably possible and no later than 12 months from the day the governmental entity
1340
receives the request.
1341
[(8)] (9)(a) [If a request for access is submitted to] If an office of a governmental entity,
1342
other than that specified by rule in accordance with Subsection (3), receives a record
1343
request, the office shall promptly forward the request to the appropriate office.
1344
(b) If the request is forwarded promptly, the time limit for response begins when the
1345
request is received by the office specified by rule.
1346
[(9)] (10) [If the governmental entity fails to provide the requested records or issue a denial
1347
within the specified time period, that failure is considered the equivalent of a
1348
determination denying access to the record.] If a governmental entity fails to respond to a
1349
record request within the time allowed under this section, the failure to respond is
1350
considered an access denial, as defined in Section 63G-2-400.5.
1351
Section 10. Section 63G-2-301 is amended to read:
1352
63G-2-301 . Public records.
1353
(1) As used in this section:
1354
(a) "Business address" means a single address of a governmental agency designated for
1355
the public to contact an employee or officer of the governmental agency.
1356
(b) "Business email address" means a single email address of a governmental agency
- 40 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1357
designated for the public to contact an employee or officer of the governmental
1358
agency.
1359
(c) "Business telephone number" means a single telephone number of a governmental
1360
agency designated for the public to contact an employee or officer of the
1361
governmental agency.
1362
(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
1363
(2) The following records are public except to the extent they contain information expressly
1364
permitted to be treated confidentially under the provisions of Subsections
1365
63G-2-201(3)(b) and (6)(a):
1366
(a) laws;
1367
(b) the name, gender, gross compensation, job title, job description, business address,
1368
business email address, business telephone number, number of hours worked per pay
1369
period, dates of employment, and relevant education, previous employment, and
1370
similar job qualifications of a current or former employee or officer of the
1371
governmental entity, excluding:
1372
(i) undercover law enforcement personnel; and
1373
(ii) investigative personnel if disclosure could reasonably be expected to impair the
1374
effectiveness of investigations or endanger any individual's safety;
1375
(c) final opinions, including concurring and dissenting opinions, and orders that are
1376
made by a governmental entity in an administrative, adjudicative, or judicial
1377
proceeding except that if the proceedings were properly closed to the public, the
1378
opinion and order may be withheld to the extent that they contain information that is
1379
private, controlled, or protected;
1380
(d) final interpretations of statutes or rules by a governmental entity unless classified as
1381
protected as provided in Subsection 63G-2-305(17) or (18);
1382
(e) information contained in or compiled from a transcript, minutes, or report of the open
1383
portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
1384
Open and Public Meetings Act, including the records of all votes of each member of
1385
the governmental entity;
1386
(f) judicial records unless a court orders the records to be restricted under the rules of
1387
civil or criminal procedure or unless the records are private under this chapter;
1388
(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
1389
records filed with or maintained by county recorders, clerks, treasurers, surveyors,
1390
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
- 41 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1391
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
1392
Division of Water Rights, or other governmental entities that give public notice of:
1393
(i) titles or encumbrances to real property;
1394
(ii) restrictions on the use of real property;
1395
(iii) the capacity of persons to take or convey title to real property; or
1396
(iv) tax status for real and personal property;
1397
(h) records of the Department of Commerce that evidence incorporations, mergers, name
1398
changes, and uniform commercial code filings;
1399
(i) data on individuals that would otherwise be private under this chapter if the
1400
individual who is the subject of the record has given the governmental entity written
1401
permission to make the records available to the public;
1402
(j) documentation of the compensation that a governmental entity pays to a contractor or
1403
private provider;
1404
(k) summary data;
1405
(l) voter registration records, including an individual's voting history, except for a voter
1406
registration record or those parts of a voter registration record that are classified as
1407
private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection
1408
20A-2-104(7);
1409
(m) for an elected official, as defined in Section 11-47-102, a telephone number, if
1410
available, and email address, if available, where that elected official may be reached
1411
as required in Title 11, Chapter 47, Access to Elected Officials;
1412
(n) for a school community council member, a telephone number, if available, and email
1413
address, if available, where that elected official may be reached directly as required
1414
in Section 53G-7-1203;
1415
(o) annual audited financial statements of the Utah Educational Savings Plan described
1416
in Section 53B-8a-111; and
1417
(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
1418
defined in Section 20A-7-101, after the packet is submitted to a county clerk.
1419
(3) The following records are normally public, but to the extent that a record is expressly
1420
exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
1421
Section 63G-2-302, 63G-2-304, or 63G-2-305:
1422
(a) administrative staff manuals, instructions to staff, and statements of policy;
1423
(b) records documenting a contractor's or private provider's compliance with the terms
1424
of a contract with a governmental entity;
- 42 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1425
(c) records documenting the services provided by a contractor or a private provider to
1426
the extent the records would be public if prepared by the governmental entity;
1427
(d) contracts entered into by a governmental entity;
1428
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
1429
by a governmental entity;
1430
(f) records relating to government assistance or incentives publicly disclosed, contracted
1431
for, or given by a governmental entity, encouraging a person to expand or relocate a
1432
business in Utah, except as provided in Subsection 63G-2-305(35);
1433
(g) subject to Subsection (5), chronological logs and initial contact reports;
1434
(h) correspondence by and with a governmental entity in which the governmental entity
1435
determines or states an opinion upon the rights of the state, a political subdivision,
1436
the public, or any person;
1437
(i) empirical data contained in drafts if:
1438
(i) the empirical data is not reasonably available to the requester elsewhere in similar
1439
form; and
1440
(ii) the governmental entity is given a reasonable opportunity to correct any errors or
1441
make nonsubstantive changes before release;
1442
(j) drafts that are circulated to anyone other than:
1443
(i) a governmental entity;
1444
(ii) a political subdivision;
1445
(iii) a federal agency if the governmental entity and the federal agency are jointly
1446
responsible for implementation of a program or project that has been legislatively
1447
approved;
1448
(iv) a government-managed corporation; or
1449
(v) a contractor or private provider;
1450
(k) drafts that have never been finalized but were relied upon by the governmental entity
1451
in carrying out action or policy;
1452
(l) original data in a computer program if the governmental entity chooses not to
1453
disclose the program;
1454
(m) arrest warrants after issuance, except that, for good cause, a court may order
1455
restricted access to arrest warrants prior to service;
1456
(n) search warrants after execution and filing of the return, except that a court, for good
1457
cause, may order restricted access to search warrants prior to trial;
1458
(o) records that would disclose information relating to formal charges or disciplinary
- 43 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1459
actions against a past or present governmental entity employee if:
1460
(i) the disciplinary action has been completed and all time periods for administrative
1461
appeal have expired; and
1462
(ii) the charges on which the disciplinary action was based were sustained;
1463
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
1464
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
1465
evidence mineral production on government lands;
1466
(q) final audit reports;
1467
(r) occupational and professional licenses;
1468
(s) business licenses;
1469
(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
1470
records used to initiate proceedings for discipline or sanctions against persons
1471
regulated by a governmental entity, but not including records that initiate employee
1472
discipline; and
1473
(u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
1474
the operation of a correctional facility or the care and control of inmates
1475
committed to the custody of a correctional facility; and
1476
(ii) records that disclose the results of an audit or other inspection assessing a
1477
correctional facility's compliance with a standard, regulation, policy, guideline, or
1478
rule described in Subsection (3)(u)(i).
1479
(4) The list of public records in this section is not exhaustive and should not be used to limit
1480
access to records.
1481
(5)(a) Subject to Subsection (5)(b), if information of the type described in Subsections
1482
63G-2-103(16)(a)(i) through (vi) appears in a follow-up or investigative report
1483
described in Subsection 63G-2-103(16)(b), the information contained in the
1484
follow-up or investigative report is public, unless the information is private,
1485
controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
1486
(b) If a follow-up or investigative report described in Subsection 63G-2-103(16)(b) is
1487
expressly exempt from disclosure, the exemption and restriction of access described
1488
in Subsection (3) does not change based on the follow-up or investigative report
1489
containing any information included in an initial contact report that is a public record.
1490
Section 11. Section 63G-2-305 is amended to read:
1491
63G-2-305 . Protected records.
1492
The following records are protected if properly classified by a governmental entity:
- 44 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1493
(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
1494
provided the governmental entity with the information specified in Section 63G-2-309;
1495
(2) commercial information or nonindividual financial information obtained from a person
1496
if:
1497
(a) disclosure of the information could reasonably be expected to result in unfair
1498
competitive injury to the person submitting the information or would impair the
1499
ability of the governmental entity to obtain necessary information in the future;
1500
(b) the person submitting the information has a greater interest in prohibiting access than
1501
the public in obtaining access; and
1502
(c) the person submitting the information has provided the governmental entity with the
1503
information specified in Section 63G-2-309;
1504
(3) commercial or financial information acquired or prepared by a governmental entity to
1505
the extent that disclosure would lead to financial speculations in currencies, securities, or
1506
commodities that will interfere with a planned transaction by the governmental entity or
1507
cause substantial financial injury to the governmental entity or state economy;
1508
(4) records, the disclosure of which could cause commercial injury to, or confer a
1509
competitive advantage upon a potential or actual competitor of, a commercial project
1510
entity as defined in Subsection 11-13-103(4);
1511
(5) test questions and answers to be used in future license, certification, registration,
1512
employment, or academic examinations;
1513
(6) records, the disclosure of which would impair governmental procurement proceedings
1514
or give an unfair advantage to any person proposing to enter into a contract or agreement
1515
with a governmental entity, except, subject to Subsections (1) and (2), that this
1516
Subsection (6) does not restrict the right of a person to have access to, after the contract
1517
or grant has been awarded and signed by all parties:
1518
(a) a bid, proposal, application, or other information submitted to or by a governmental
1519
entity in response to:
1520
(i) an invitation for bids;
1521
(ii) a request for proposals;
1522
(iii) a request for quotes;
1523
(iv) a grant; or
1524
(v) other similar document; or
1525
(b) an unsolicited proposal, as defined in Section 63G-6a-712;
1526
(7) information submitted to or by a governmental entity in response to a request for
- 45 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1527
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
1528
restrict the right of a person to have access to the information, after:
1529
(a) a contract directly relating to the subject of the request for information has been
1530
awarded and signed by all parties; or
1531
(b)(i) a final determination is made not to enter into a contract that relates to the
1532
subject of the request for information; and
1533
(ii) at least two years have passed after the day on which the request for information
1534
is issued;
1535
(8) records that would identify real property or the appraisal or estimated value of real or
1536
personal property, including intellectual property, under consideration for public
1537
acquisition before any rights to the property are acquired unless:
1538
(a) public interest in obtaining access to the information is greater than or equal to the
1539
governmental entity's need to acquire the property on the best terms possible;
1540
(b) the information has already been disclosed to persons not employed by or under a
1541
duty of confidentiality to the entity;
1542
(c) in the case of records that would identify property, potential sellers of the described
1543
property have already learned of the governmental entity's plans to acquire the
1544
property;
1545
(d) in the case of records that would identify the appraisal or estimated value of
1546
property, the potential sellers have already learned of the governmental entity's
1547
estimated value of the property; or
1548
(e) the property under consideration for public acquisition is a single family residence
1549
and the governmental entity seeking to acquire the property has initiated negotiations
1550
to acquire the property as required under Section 78B-6-505;
1551
(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
1552
transaction of real or personal property including intellectual property, which, if
1553
disclosed prior to completion of the transaction, would reveal the appraisal or estimated
1554
value of the subject property, unless:
1555
(a) the public interest in access is greater than or equal to the interests in restricting
1556
access, including the governmental entity's interest in maximizing the financial
1557
benefit of the transaction; or
1558
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1559
the value of the subject property have already been disclosed to persons not
1560
employed by or under a duty of confidentiality to the entity;
- 46 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1561
(10) records created or maintained for civil, criminal, or administrative enforcement
1562
purposes or audit purposes, or for discipline, licensing, certification, or registration
1563
purposes, if release of the records:
1564
(a) reasonably could be expected to interfere with investigations undertaken for
1565
enforcement, discipline, licensing, certification, or registration purposes;
1566
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1567
proceedings;
1568
(c) would create a danger of depriving a person of a right to a fair trial or impartial
1569
hearing;
1570
(d) reasonably could be expected to disclose the identity of a source who is not generally
1571
known outside of government and, in the case of a record compiled in the course of
1572
an investigation, disclose information furnished by a source not generally known
1573
outside of government if disclosure would compromise the source; or
1574
(e) reasonably could be expected to disclose investigative or audit techniques,
1575
procedures, policies, or orders not generally known outside of government if
1576
disclosure would interfere with enforcement or audit efforts;
1577
(11) records the disclosure of which would jeopardize the life or safety of an individual;
1578
(12) records the disclosure of which would jeopardize the security of governmental
1579
property, governmental programs, or governmental recordkeeping systems from
1580
damage, theft, or other appropriation or use contrary to law or public policy;
1581
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
1582
facility, or records relating to incarceration, treatment, probation, or parole, that would
1583
interfere with the control and supervision of an offender's incarceration, treatment,
1584
probation, or parole;
1585
(14) records that, if disclosed, would reveal recommendations made to the Board of
1586
Pardons and Parole by an employee of or contractor for the Department of Corrections,
1587
the Board of Pardons and Parole, or the Department of Health and Human Services that
1588
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
1589
person within the board's jurisdiction;
1590
(15) records and audit workpapers that identify audit, collection, and operational procedures
1591
and methods used by the State Tax Commission, if disclosure would interfere with
1592
audits or collections;
1593
(16) records of a governmental audit agency relating to an ongoing or planned audit until
1594
the final audit is released;
- 47 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1595
(17) records that are subject to the attorney client privilege;
1596
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1597
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
1598
judicial, quasi-judicial, or administrative proceeding;
1599
(19)(a)(i) personal files of a state legislator, including personal correspondence to or
1600
from a member of the Legislature; and
1601
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1602
legislative action or policy may not be classified as protected under this section;
1603
and
1604
(b)(i) an internal communication that is part of the deliberative process in connection
1605
with the preparation of legislation between:
1606
(A) members of a legislative body;
1607
(B) a member of a legislative body and a member of the legislative body's staff; or
1608
(C) members of a legislative body's staff; and
1609
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1610
legislative action or policy may not be classified as protected under this section;
1611
(20)(a) records in the custody or control of the Office of Legislative Research and
1612
General Counsel, that, if disclosed, would reveal a particular legislator's
1613
contemplated legislation or contemplated course of action before the legislator has
1614
elected to support the legislation or course of action, or made the legislation or course
1615
of action public; and
1616
(b) notwithstanding Subsection (20)(a), the [form to request legislation] following
1617
information included in a request for legislation submitted to the Office of
1618
Legislative Research and General Counsel is [a public document] public, unless a
1619
legislator [asks that the records requesting the legislation] requests that the information
1620
be maintained as a protected [records until such time as] record, until the legislator
1621
elects to make the legislation or course of action public[;] :
1622
(i) the short title of the legislation; and
1623
(ii) the name of the legislator;
1624
(21) a research request from a legislator to a legislative staff member and research findings
1625
prepared in response to the request;
1626
(22) drafts, unless otherwise classified as public;
1627
(23) records concerning a governmental entity's strategy about:
1628
(a) collective bargaining; or
- 48 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1629
(b) imminent or pending litigation;
1630
(24) records of investigations of loss occurrences and analyses of loss occurrences that may
1631
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1632
Uninsured Employers' Fund, or similar divisions in other governmental entities;
1633
(25) records, other than personnel evaluations, that contain a personal recommendation
1634
concerning an individual if disclosure would constitute a clearly unwarranted invasion
1635
of personal privacy, or disclosure is not in the public interest;
1636
(26) records that reveal the location of historic, prehistoric, paleontological, or biological
1637
resources that if known would jeopardize the security of those resources or of valuable
1638
historic, scientific, educational, or cultural information;
1639
(27) records of independent state agencies if the disclosure of the records would conflict
1640
with the fiduciary obligations of the agency;
1641
(28) records of an institution within the state system of higher education defined in Section
1642
53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1643
retention decisions, and promotions, which could be properly discussed in a meeting
1644
closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided
1645
that records of the final decisions about tenure, appointments, retention, promotions, or
1646
those students admitted, may not be classified as protected under this section;
1647
(29) records of the governor's office, including budget recommendations, legislative
1648
proposals, and policy statements, that if disclosed would reveal the governor's
1649
contemplated policies or contemplated courses of action before the governor has
1650
implemented or rejected those policies or courses of action or made them public;
1651
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1652
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1653
recommendations in these areas;
1654
(31) records provided by the United States or by a government entity outside the state that
1655
are given to the governmental entity with a requirement that they be managed as
1656
protected records if the providing entity certifies that the record would not be subject to
1657
public disclosure if retained by it;
1658
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1659
public body except as provided in Section 52-4-206;
1660
(33) records that would reveal the contents of settlement negotiations but not including final
1661
settlements or empirical data to the extent that they are not otherwise exempt from
1662
disclosure;
- 49 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1663
(34) memoranda prepared by staff and used in the decision-making process by an
1664
administrative law judge, a member of the Board of Pardons and Parole, or a member of
1665
any other body charged by law with performing a quasi-judicial function;
1666
(35) records that would reveal negotiations regarding assistance or incentives offered by or
1667
requested from a governmental entity for the purpose of encouraging a person to expand
1668
or locate a business in Utah, but only if disclosure would result in actual economic harm
1669
to the person or place the governmental entity at a competitive disadvantage, but this
1670
section may not be used to restrict access to a record evidencing a final contract;
1671
(36) materials to which access must be limited for purposes of securing or maintaining the
1672
governmental entity's proprietary protection of intellectual property rights including
1673
patents, copyrights, and trade secrets;
1674
(37) the name of a donor or a prospective donor to a governmental entity, including an
1675
institution within the state system of higher education defined in Section 53B-1-102, and
1676
other information concerning the donation that could reasonably be expected to reveal
1677
the identity of the donor, provided that:
1678
(a) the donor requests anonymity in writing;
1679
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1680
classified protected by the governmental entity under this Subsection (37); and
1681
(c) except for an institution within the state system of higher education defined in
1682
Section 53B-1-102, the governmental unit to which the donation is made is primarily
1683
engaged in educational, charitable, or artistic endeavors, and has no regulatory or
1684
legislative authority over the donor, a member of the donor's immediate family, or
1685
any entity owned or controlled by the donor or the donor's immediate family;
1686
(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
1687
(39) a notification of workers' compensation insurance coverage described in Section
1688
34A-2-205;
1689
(40)(a) the following records of an institution within the state system of higher education
1690
defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1691
or received by or on behalf of faculty, staff, employees, or students of the institution:
1692
(i) unpublished lecture notes;
1693
(ii) unpublished notes, data, and information:
1694
(A) relating to research; and
1695
(B) of:
1696
(I) the institution within the state system of higher education defined in Section
- 50 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1697
53B-1-102; or
1698
(II) a sponsor of sponsored research;
1699
(iii) unpublished manuscripts;
1700
(iv) creative works in process;
1701
(v) scholarly correspondence; and
1702
(vi) confidential information contained in research proposals;
1703
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information
1704
required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1705
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1706
(41)(a) records in the custody or control of the Office of the Legislative Auditor General
1707
that would reveal the name of a[ particular] legislator who requests a legislative audit
1708
prior to the date that audit is completed and made public; and
1709
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1710
Office of the Legislative Auditor General is a public document unless the legislator
1711
asks that the records in the custody or control of the Office of the Legislative Auditor
1712
General that would reveal the name of a[ particular] legislator who requests a
1713
legislative audit be maintained as protected records until the audit is completed and
1714
made public;
1715
(42) records that provide detail as to the location of an explosive, including a map or other
1716
document that indicates the location of:
1717
(a) a production facility; or
1718
(b) a magazine;
1719
(43) information contained in the statewide database of the Division of Aging and Adult
1720
Services created by Section 26B-6-210;
1721
(44) information contained in the Licensing Information System described in Title 80,
1722
Chapter 2, Child Welfare Services;
1723
(45) information regarding National Guard operations or activities in support of the
1724
National Guard's federal mission;
1725
(46) records provided by any pawn or secondhand business to a law enforcement agency or
1726
to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
1727
Merchandise, and Catalytic Converter Transaction Information Act;
1728
(47) information regarding food security, risk, and vulnerability assessments performed by
1729
the Department of Agriculture and Food;
1730
(48) except to the extent that the record is exempt from this chapter pursuant to Section
- 51 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1731
63G-2-106, records related to an emergency plan or program, a copy of which is
1732
provided to or prepared or maintained by the Division of Emergency Management, and
1733
the disclosure of which would jeopardize:
1734
(a) the safety of the general public; or
1735
(b) the security of:
1736
(i) governmental property;
1737
(ii) governmental programs; or
1738
(iii) the property of a private person who provides the Division of Emergency
1739
Management information;
1740
(49) records of the Department of Agriculture and Food that provides for the identification,
1741
tracing, or control of livestock diseases, including any program established under Title
1742
4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1743
of Animal Disease;
1744
(50) as provided in Section 26B-2-709:
1745
(a) information or records held by the Department of Health and Human Services related
1746
to a complaint regarding a provider, program, or facility which the department is
1747
unable to substantiate; and
1748
(b) information or records related to a complaint received by the Department of Health
1749
and Human Services from an anonymous complainant regarding a provider, program,
1750
or facility;
1751
(51) unless otherwise classified as public under Section 63G-2-301 and except as provided
1752
under Section 41-1a-116, an individual's home address, home telephone number, or
1753
personal mobile phone number, if:
1754
(a) the individual is required to provide the information in order to comply with a law,
1755
ordinance, rule, or order of a government entity; and
1756
(b) the subject of the record has a reasonable expectation that this information will be
1757
kept confidential due to:
1758
(i) the nature of the law, ordinance, rule, or order; and
1759
(ii) the individual complying with the law, ordinance, rule, or order;
1760
(52) the portion of the following documents that contains a candidate's residential or
1761
mailing address, if the candidate provides to the filing officer another address or phone
1762
number where the candidate may be contacted:
1763
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1764
described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
- 52 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1765
20A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
1766
(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1767
(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
1768
(53) the name, home address, work addresses, and telephone numbers of an individual that
1769
is engaged in, or that provides goods or services for, medical or scientific research that is:
1770
(a) conducted within the state system of higher education, as defined in Section
1771
53B-1-102; and
1772
(b) conducted using animals;
1773
(54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1774
Evaluation Commission concerning an individual commissioner's vote, in relation to
1775
whether a judge meets or exceeds minimum performance standards under Subsection
1776
78A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
1777
(55) information collected and a report prepared by the Judicial Performance Evaluation
1778
Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
1779
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
1780
public, the information or report;
1781
(56) records provided or received by the Public Lands Policy Coordinating Office in
1782
furtherance of any contract or other agreement made in accordance with Section
1783
63L-11-202;
1784
(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
1785
(58) in accordance with Section 73-10-33:
1786
(a) a management plan for a water conveyance facility in the possession of the Division
1787
of Water Resources or the Board of Water Resources; or
1788
(b) an outline of an emergency response plan in possession of the state or a county or
1789
municipality;
1790
(59) the following records in the custody or control of the Office of Inspector General of
1791
Medicaid Services, created in Section 63A-13-201:
1792
(a) records that would disclose information relating to allegations of personal
1793
misconduct, gross mismanagement, or illegal activity of a person if the information
1794
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
1795
Services through other documents or evidence, and the records relating to the
1796
allegation are not relied upon by the Office of Inspector General of Medicaid
1797
Services in preparing a final investigation report or final audit report;
1798
(b) records and audit workpapers to the extent they would disclose the identity of a
- 53 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1799
person who, during the course of an investigation or audit, communicated the
1800
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
1801
violation of a law, rule, or regulation adopted under the laws of this state, a political
1802
subdivision of the state, or any recognized entity of the United States, if the
1803
information was disclosed on the condition that the identity of the person be
1804
protected;
1805
(c) before the time that an investigation or audit is completed and the final investigation
1806
or final audit report is released, records or drafts circulated to a person who is not an
1807
employee or head of a governmental entity for the person's response or information;
1808
(d) records that would disclose an outline or part of any investigation, audit survey plan,
1809
or audit program; or
1810
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
1811
investigation or audit;
1812
(60) records that reveal methods used by the Office of Inspector General of Medicaid
1813
Services, the fraud unit, or the Department of Health and Human Services, to discover
1814
Medicaid fraud, waste, or abuse;
1815
(61) information provided to the Department of Health and Human Services or the Division
1816
of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
1817
58-68-304(3) and (4);
1818
(62) a record described in Section 63G-12-210;
1819
(63) captured plate data that is obtained through an automatic license plate reader system
1820
used by a governmental entity as authorized in Section 41-6a-2003;
1821
(64) an audio or video recording created by a body-worn camera, as that term is defined in
1822
Section 77-7a-103, that records sound or images inside a hospital or health care facility
1823
as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
1824
as that term is defined in Section 78B-3-403, or inside a human service program as that
1825
term is defined in Section 26B-2-101, except for recordings that:
1826
(a) depict the commission of an alleged crime;
1827
(b) record any encounter between a law enforcement officer and a person that results in
1828
death or bodily injury, or includes an instance when an officer fires a weapon;
1829
(c) record any encounter that is the subject of a complaint or a legal proceeding against a
1830
law enforcement officer or law enforcement agency;
1831
(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
1832
or
- 54 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1833
(e) have been requested for reclassification as a public record by a subject or authorized
1834
agent of a subject featured in the recording;
1835
(65) a record pertaining to the search process for a president of an institution of higher
1836
education described in Section 53B-2-102, except for application materials for a publicly
1837
announced finalist;
1838
(66) an audio recording that is:
1839
(a) produced by an audio recording device that is used in conjunction with a device or
1840
piece of equipment designed or intended for resuscitating an individual or for treating
1841
an individual with a life-threatening condition;
1842
(b) produced during an emergency event when an individual employed to provide law
1843
enforcement, fire protection, paramedic, emergency medical, or other first responder
1844
service:
1845
(i) is responding to an individual needing resuscitation or with a life-threatening
1846
condition; and
1847
(ii) uses a device or piece of equipment designed or intended for resuscitating an
1848
individual or for treating an individual with a life-threatening condition; and
1849
(c) intended and used for purposes of training emergency responders how to improve
1850
their response to an emergency situation;
1851
(67) records submitted by or prepared in relation to an applicant seeking a recommendation
1852
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
1853
Audit Subcommittee, established under Section 36-12-8, for an employment position
1854
with the Legislature;
1855
(68) work papers as defined in Section 31A-2-204;
1856
(69) a record made available to Adult Protective Services or a law enforcement agency
1857
under Section 61-1-206;
1858
(70) a record submitted to the Insurance Department in accordance with Section
1859
31A-37-201;
1860
(71) a record described in Section 31A-37-503;
1861
(72) any record created by the Division of Professional Licensing as a result of Subsection
1862
58-37f-304(5) or 58-37f-702(2)(a)(ii);
1863
(73) a record described in Section 72-16-306 that relates to the reporting of an injury
1864
involving an amusement ride;
1865
(74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
1866
political petition, or on a request to withdraw a signature from a political petition,
- 55 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1867
including a petition or request described in the following titles:
1868
(a) Title 10, Utah Municipal Code;
1869
(b) Title 17, Counties;
1870
(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
1871
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1872
(e) Title 20A, Election Code;
1873
(75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
1874
voter registration record;
1875
(76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
1876
described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
1877
political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1878
(77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
1879
Victims Guidelines for Prosecutors Act;
1880
(78) a record submitted to the Insurance Department under Section 31A-48-103;
1881
(79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1882
prohibited under Section 63G-26-103;
1883
(80) an image taken of an individual during the process of booking the individual into jail,
1884
unless:
1885
(a) the individual is convicted of a criminal offense based upon the conduct for which
1886
the individual was incarcerated at the time the image was taken;
1887
(b) a law enforcement agency releases or disseminates the image:
1888
(i) after determining that the individual is a fugitive or an imminent threat to an
1889
individual or to public safety and releasing or disseminating the image will assist
1890
in apprehending the individual or reducing or eliminating the threat; or
1891
(ii) to a potential witness or other individual with direct knowledge of events relevant
1892
to a criminal investigation or criminal proceeding for the purpose of identifying or
1893
locating an individual in connection with the criminal investigation or criminal
1894
proceeding;
1895
(c) a judge orders the release or dissemination of the image based on a finding that the
1896
release or dissemination is in furtherance of a legitimate law enforcement interest; or
1897
(d) the image is displayed to a person who is permitted to view the image under Section
1898
17-22-30[.] ;
1899
(81) a record:
1900
(a) concerning an interstate claim to the use of waters in the Colorado River system;
- 56 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1901
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1902
representative from another state or the federal government as provided in Section
1903
63M-14-205; and
1904
(c) the disclosure of which would:
1905
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1906
Colorado River system;
1907
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1908
negotiate the best terms and conditions regarding the use of water in the Colorado
1909
River system; or
1910
(iii) give an advantage to another state or to the federal government in negotiations
1911
regarding the use of water in the Colorado River system;
1912
(82) any part of an application described in Section 63N-16-201 that the Governor's Office
1913
of Economic Opportunity determines is nonpublic, confidential information that if
1914
disclosed would result in actual economic harm to the applicant, but this Subsection (82)
1915
may not be used to restrict access to a record evidencing a final contract or approval
1916
decision;
1917
(83) the following records of a drinking water or wastewater facility:
1918
(a) an engineering or architectural drawing of the drinking water or wastewater facility;
1919
and
1920
(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
1921
drinking water or wastewater facility uses to secure, or prohibit access to, the records
1922
described in Subsection (83)(a);
1923
(84) a statement that an employee of a governmental entity provides to the governmental
1924
entity as part of the governmental entity's personnel or administrative investigation into
1925
potential misconduct involving the employee if the governmental entity:
1926
(a) requires the statement under threat of employment disciplinary action, including
1927
possible termination of employment, for the employee's refusal to provide the
1928
statement; and
1929
(b) provides the employee assurance that the statement cannot be used against the
1930
employee in any criminal proceeding;
1931
(85) any part of an application for a Utah Fits All Scholarship account described in Section
1932
53F-6-402 or other information identifying a scholarship student as defined in Section
1933
53F-6-401;
1934
(86) a record:
- 57 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
1935
(a) concerning a claim to the use of waters in the Great Salt Lake;
1936
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1937
person concerning the claim, including a representative from another state or the
1938
federal government; and
1939
(c) the disclosure of which would:
1940
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
1941
Great Salt Lake;
1942
(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
1943
and conditions regarding the use of water in the Great Salt Lake; or
1944
(iii) give an advantage to another person including another state or to the federal
1945
government in negotiations regarding the use of water in the Great Salt Lake;[ and]
1946
(87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
1947
reclassified as public as described in Subsection 13-2-11(4)[.] ; and
1948
(88) a record of the Utah water agent, appointed under Section 73-10g-702:
1949
(a) concerning a claim to the use of waters;
1950
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1951
representative from another state, a tribe, the federal government, or other
1952
government entity as provided in Title 73, Chapter 10g, Part 6, Utah Water Agent;
1953
and
1954
(c) the disclosure of which would:
1955
(i) reveal a legal strategy relating to the state's claim to the use of the water;
1956
(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
1957
regarding the use of water; or
1958
(iii) give an advantage to another state, a tribe, the federal government, or other
1959
government entity in negotiations regarding the use of water.
1960
Section 12. Section 63G-2-400.5 is amended to read:
1961
63G-2-400.5 . Definitions.
1962
As used in this part:
1963
(1) "Access denial" means a governmental entity's denial, under Subsection [63G-2-204(9)]
1964
63G-2-204(10) or Section 63G-2-205, in whole or in part, of a record request.
1965
[(2) "Appellate affirmation" means a decision of a chief administrative officer, local
1966
appeals board, or State Records Committee affirming an access denial.]
1967
[(3)] (2) "Interested party" means a person, other than a requester, who is aggrieved by an
1968
access denial or [an appellate] a respondent affirmation, regardless of whether [or not ]
- 58 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
1969
the person participated in proceedings leading to the access denial or [appellate]
1970
respondent affirmation.
1971
[(4)] (3) "Local appeals board" means an appeals board established by a political
1972
subdivision under Subsection 63G-2-701(5)(c).
1973
[(5)] (4) "Record request" means a [request for a ]record request under Section 63G-2-204.
1974
[(6)] (5) "Records committee [appellant] petitioner" means:
1975
(a) a political subdivision that seeks to appeal [a decision of ]a local appeals board
1976
decision to the State Records Committee; or
1977
(b) a requester or interested party who seeks to appeal [to the State Records Committee a
1978
decision affirming an access denial] an access denial to the State Records Committee.
1979
[(7)] (6) "Requester" means a person who submits a record request to a governmental entity.
1980
(7) "Respondent affirmation" means a decision of a chief administrative officer, local
1981
appeals board, or State Records Committee affirming an access denial.
1982
Section 13. Section 63G-2-401 is amended to read:
1983
63G-2-401 . Appeal to chief administrative officer -- Notice of the decision of the
1984
appeal.
1985
(1)(a) A requester or interested party may appeal an access denial or the denial of a fee
1986
waiver under Subsection 63G-2-203(4) to the chief administrative officer of the
1987
governmental entity by filing a notice of appeal with the chief administrative officer
1988
within 30 days after:
1989
(i) for an access denial:
1990
(A) the governmental entity sends a notice of denial under Section 63G-2-205, if
1991
the governmental entity denies a record request under Subsection 63G-2-205
1992
(1); or
1993
(B) the record request is considered denied under Subsection [63G-2-204(9)]
1994
63G-2-204(10), if that subsection applies; or
1995
(ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
1996
that the fee waiver is denied.
1997
(b) If a governmental entity claims [extraordinary] exceptional circumstances and
1998
specifies the date when the records will be available under Subsection 63G-2-204(4),
1999
and, if the requester believes the [extraordinary] exceptional circumstances do not
2000
exist or that the date specified is unreasonable, the requester may appeal the
2001
governmental entity's claim of [extraordinary] exceptional circumstances or date for
2002
compliance to the chief administrative officer by filing a notice of appeal with the
- 59 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2003
chief administrative officer within 30 days after notification of a claim of [
2004
extraordinary] exceptional circumstances by the governmental entity, despite the lack
2005
of a "determination" or its equivalent under Subsection [63G-2-204(9)] 63G-2-204(10).
2006
(2) A notice of appeal shall contain:
2007
(a) the name, mailing address, and daytime telephone number of the requester or
2008
interested party; and
2009
(b) the relief sought.
2010
(3) The requester or interested party may file a short statement of facts, reasons, and legal
2011
authority in support of the appeal.
2012
(4)(a) If the appeal involves a record that is the subject of a business confidentiality
2013
claim under Section 63G-2-309, the chief administrative officer shall:
2014
(i) send notice of the appeal to the business confidentiality claimant within three
2015
business days after receiving notice, except that if notice under this section must
2016
be given to more than 35 persons, it shall be given as soon as reasonably possible;
2017
and
2018
(ii) send notice of the business confidentiality claim and the schedule for the chief
2019
administrative officer's determination to the requester or interested party within
2020
three business days after receiving notice of the appeal.
2021
(b) The business confidentiality claimant shall have seven business days after notice is
2022
sent by the administrative officer to submit further support for the claim of business
2023
confidentiality.
2024
(5)(a) The chief administrative officer shall make a decision on the appeal within:
2025
(i)(A) 10 business days after the chief administrative officer's receipt of the notice
2026
of appeal; or
2027
(B) five business days after the chief administrative officer's receipt of the notice
2028
of appeal, if the requester or interested party demonstrates that an expedited
2029
decision benefits the public rather than the requester or interested party; or
2030
(ii) 12 business days after the governmental entity sends the notice of appeal to a
2031
person who submitted a claim of business confidentiality.
2032
(b)(i) If the chief administrative officer fails to make a decision on an appeal of an
2033
access denial within the time specified in Subsection (5)(a), the failure is the
2034
equivalent of a decision affirming the access denial.
2035
(ii) If the chief administrative officer fails to make a decision on an appeal under
2036
Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the
- 60 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2037
equivalent of a decision affirming the claim of [extraordinary] exceptional
2038
circumstances or the reasonableness of the date specified when the records will be
2039
available.
2040
(c) [The provisions of this section notwithstanding] Notwithstanding any other provision
2041
of this section, the parties participating in the proceeding may, by agreement, extend
2042
the time periods specified in this section.
2043
(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
2044
consideration and weighing of the various interests and public policies [pertinent] related
2045
to the classification and disclosure or nondisclosure of a record, order the disclosure of
2046
information properly classified as private under Subsection 63G-2-302(2) or protected
2047
under Section 63G-2-305 if the interests favoring access are greater than or equal to the
2048
interests favoring restriction of access.
2049
(7)(a) The governmental entity shall [send] provide written notice of the chief
2050
administrative officer's decision to all participants.
2051
(b) If the chief administrative officer's decision is to affirm the access denial in whole or
2052
in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall
2053
include:
2054
(i) a statement that the requester has a right under Section 63A-12-111 to request the
2055
government records ombudsman to mediate the dispute between the requester and
2056
the governmental entity concerning the access denial or the fee waiver denial;
2057
(ii) a statement that the requester or interested party has the right to appeal the
2058
decision, as provided in Section 63G-2-402, to:
2059
(A) the State Records Committee or district court; or
2060
(B) the local appeals board, if the governmental entity is a political subdivision
2061
and the governmental entity has established a local appeals board;
2062
(iii) the time limits for filing an appeal described in Subsection (7)(b)(ii), including
2063
an explanation of a suspension of the time limits, as provided in Subsections
2064
63G-2-403(1)(c) and 63G-2-404(1)(b), for a requester if the requester seeks
2065
mediation under Section 63A-12-111; and
2066
(iv) the name and business address of:
2067
(A) the executive secretary of the State Records Committee;
2068
(B) the individual designated as the contact individual for the appeals board, if the
2069
governmental entity is a political subdivision that has established an appeals
2070
board under Subsection 63G-2-701(5)(c); and
- 61 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2071
(C) the government records ombudsman.
2072
[(8) A person aggrieved by a governmental entity's classification or designation
2073
determination under this chapter, but who is not requesting access to the records, may
2074
appeal that determination using the procedures provided in this section. If a
2075
nonrequester is the only appellant, the procedures provided in this section shall apply,
2076
except that the decision on the appeal shall be made within 30 days after receiving the
2077
notice of appeal.]
2078
[(9)] (8)(a) Except as provided in Subsection (8)(b), an interested party who is aggrieved
2079
by a governmental entity's record classification or designation under this chapter may
2080
appeal the governmental entity's determination as provided in this section.
2081
(b) If a governmental entity receives a notice of appeal as described in Subsection (8)(a),
2082
and the interested party is the only petitioner, the chief administrative officer shall
2083
respond no later than 30 days after the day on which the chief administrative officer
2084
receives notice of the appeal.
2085
(9) The duties of the chief administrative officer under this section may be delegated.
2086
The following section is affected by a coordination clause at the end of this bill.
2087
Section 14. Section 63G-2-403 is amended to read:
2088
63G-2-403 . Appeals to the State Records Committee.
2089
(1)(a) A records committee [appellant] petitioner appeals to the State Records Committee
2090
by filing a notice of appeal with the executive secretary of the State Records
2091
Committee no later than 30 days after the date of issuance of the decision being
2092
appealed.
2093
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
2094
executive secretary of the State Records Committee no later than 45 days after the
2095
day on which the record request is made if:
2096
(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
2097
(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
2098
(c) The time for a requester to file a notice of appeal under Subsection (1)(a) or (b) is
2099
suspended for the period of time that:
2100
(i) begins the date the requester submits a request under Section 63A-12-111 for the
2101
government records ombudsman to mediate the dispute between the requester and
2102
the governmental entity; and
2103
(ii) ends the earlier of the following dates:
2104
(A) the date that the government records ombudsman certifies in writing that the
- 62 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2105
mediation is concluded; or
2106
(B) the date that the government records ombudsman certifies in writing that the
2107
mediation did not occur or was not concluded because of a lack of the required
2108
consent.
2109
(2) The notice of appeal shall:
2110
(a) contain the name, mailing address, and daytime telephone number of the records
2111
committee [appellant] petitioner;
2112
(b) be accompanied by a copy of the decision being appealed; and
2113
(c) state the relief sought.
2114
(3) The records committee [appellant] petitioner:
2115
(a) shall, on the day on which the notice of appeal is filed with the State Records
2116
Committee, serve a copy of the notice of appeal on:
2117
(i) the governmental entity whose access denial or fee waiver denial is the subject of
2118
the appeal, if the records committee appellant is a requester or interested party; or
2119
(ii) the requester or interested party who is a party to the local appeals board
2120
proceeding that resulted in the decision that the political subdivision is appealing
2121
to the committee, if the records committee appellant is a political subdivision; and
2122
(b) may file a short statement of facts, reasons, and legal authority in support of the
2123
appeal.
2124
(4)(a) Except as provided in Subsections (4)(b) and (c), no later than seven business
2125
days after [receiving a notice of appeal, the executive secretary of the State Records
2126
Committee] the day on which the executive secretary of the State Records Committee
2127
receives a notice of appeal, the executive secretary shall:
2128
(i) schedule a hearing for the State Records Committee to discuss the appeal at the
2129
next regularly scheduled committee meeting falling at least 16 days after the date
2130
the notice of appeal is filed but no [longer than 64] later than 90 calendar days
2131
after the [date] day on which the notice of appeal was filed, except that the
2132
committee may schedule an expedited hearing upon application of the records
2133
committee [appellant] petitioner and for good cause shown;
2134
(ii) send a copy of the notice of hearing to the records committee [appellant] petitioner;
2135
and
2136
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
2137
to:
2138
(A) each member of the State Records Committee;
- 63 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2139
(B) the records officer and the chief administrative officer of the governmental
2140
entity whose access denial is the subject of the appeal, if the records committee [
2141
appellant] petitioner is a requester or interested party; and
2142
[(C) any person who made a business confidentiality claim under Section
2143
63G-2-309 for a record that is the subject of the appeal; and]
2144
[(D)] (C) [all persons] any person who participated in the proceedings before the
2145
governmental entity's chief administrative officer, if the appeal is of the chief
2146
administrative officer's decision affirming an access denial.
2147
(b)[(i)] The executive secretary, with approval of the State Records Committee chair,
2148
may decline to schedule a hearing if the record series that is the subject of the
2149
appeal [has been found by the committee in a previous hearing involving the same
2150
governmental entity to be appropriately classified as private, controlled, or
2151
protected] is substantially similar to an appeal previously decided by the State
2152
Records Committee.
2153
(c) If, in accordance with Subsection (4)(b), the executive secretary declines to schedule
2154
a hearing, the State Records Committee members may vote at the next regular
2155
meeting to:
2156
(i) render a decision and enter an order consistent with the previous decision; and
2157
(ii) provide the parties with notice of:
2158
(A) the decision and order; and
2159
(B) the right to appeal the decision and order, as described in Subsection (15).
2160
[(ii)] (iii)(A) If the executive secretary [of the State Records Committee ]declines
2161
to schedule a hearing, the executive secretary shall send a notice to the records
2162
committee [appellant] petitioner indicating that the request for hearing has been
2163
denied and the reason for the denial.
2164
(B) The State Records Committee shall make rules to implement the procedures
2165
described in this section [as provided by] in accordance with Title 63G, Chapter
2166
3, Utah Administrative Rulemaking Act.
2167
[(c)] (d) The executive secretary [of the State Records Committee ]may schedule a
2168
hearing on an appeal to the State Records Committee at a regularly scheduled State
2169
Records Committee meeting that is later than the period described in Subsection
2170
(4)(a)(i) if [that] the committee meeting is the first regularly scheduled State Records
2171
Committee meeting at which there are fewer than 10 appeals scheduled to be heard.
2172
(5)(a) No later than five business days before the day of the hearing, [a governmental
- 64 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2173
entity shall submit to the executive secretary of the State Records Committee] each
2174
party shall provide the executive secretary with a written statement of facts, reasons,
2175
and legal authority in support of the [governmental entity's] party's position.
2176
(b) [The governmental entity shall send a copy of the written statement by first class
2177
mail, postage prepaid, to the requester or interested] Each party shall send a copy of
2178
the party's written statement to each other party involved in the appeal, by email, on
2179
the same day on which the party complies with Subsection (5)(a). [The executive
2180
secretary shall forward a copy of the written statement to each member of the State
2181
Records Committee.]
2182
(6)(a) No later than [10] 15 business days [after the day on which the executive secretary
2183
sends the notice of appeal] before the day of the hearing, a person whose legal
2184
interests may be substantially affected by the proceeding may file a request for
2185
intervention with the State Records Committee.
2186
(b) Any written statement of facts, reasons, and legal authority in support of the
2187
intervener's position shall be filed with the request for intervention.
2188
(c) The person seeking intervention shall provide copies of the statement described in
2189
Subsection (6)(b) to all parties to the proceedings before the State Records
2190
Committee.
2191
(7) The State Records Committee shall hold a hearing within the period of time described in
2192
Subsection (4).
2193
(8)(a) At the hearing, the State Records Committee shall allow the parties to testify,
2194
present evidence, and comment on the issues.
2195
(b) The committee may allow other interested persons to comment on the issues.
2196
(9)(a)(i) The State Records Committee:
2197
(A) may review the disputed records; and
2198
(B) shall review the disputed records, if the committee is weighing the various
2199
interests under Subsection (11).
2200
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
2201
(b) Members of the State Records Committee may not disclose any information or
2202
record reviewed by the committee in camera unless the disclosure is otherwise
2203
authorized [by] under this chapter.
2204
(10)(a) [Discovery is prohibited, but the] The State Records Committee may issue
2205
subpoenas or other orders to compel production of necessary evidence.
2206
(b) When the subject of a State Records Committee subpoena disobeys or fails to
- 65 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2207
comply with the subpoena, the committee may file a motion for an order to compel [
2208
obedience to the subpoena ]with the district court.
2209
(c)(i) The State Records Committee's review shall be de novo, if the appeal is an
2210
appeal from a decision of a chief administrative officer:
2211
(A) issued under Section 63G-2-401; or
2212
(B) issued by a chief administrative officer of a political subdivision that has not
2213
established a local appeals board.
2214
(ii) For an appeal from a decision of a local appeals board, the State Records
2215
Committee shall review and consider the decision of the local appeals board.
2216
(11)(a) No later than seven business days after the day of the hearing, the State Records
2217
Committee shall issue a signed order:
2218
(i) granting the relief sought, in whole or in part; or
2219
(ii) upholding the governmental entity's access denial, in whole or in part.
2220
(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
2221
consideration and weighing of the various interests and public policies [pertinent]
2222
relating to the classification and disclosure or nondisclosure of a record, order the
2223
disclosure of information properly classified as private, controlled, or protected if the
2224
public interest favoring access is greater than or equal to the interest favoring
2225
restriction of access.
2226
(c) In making a determination under Subsection (11)(b), the State Records Committee
2227
shall consider and, where appropriate, limit the requester's or interested party's use
2228
and further disclosure of the record in order to protect:
2229
(i) privacy interests in the case of a private or controlled record;
2230
(ii) business confidentiality interests in the case of a record protected under
2231
Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
2232
(iii) privacy interests or the public interest in the case of other protected records.
2233
(12) The order of the State Records Committee shall include:
2234
(a) a statement of reasons for the decision, including citations to this chapter, court rule
2235
or order, another state statute, federal statute, or federal regulation that governs
2236
disclosure of the record, if the citations do not disclose private, controlled, or
2237
protected information;
2238
(b) a description of the record or portions of the record to which access was ordered or
2239
denied, if the description does not disclose private, controlled, or protected
2240
information or information exempt from disclosure under Subsection 63G-2-201
- 66 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2241
(3)(b);
2242
(c) a statement that any party to the proceeding before the State Records Committee may
2243
appeal the committee's decision to district court; and
2244
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
2245
notice that in order to protect [its] a party's rights on appeal, the party may wish to
2246
seek advice from an attorney.
2247
(13) If the State Records Committee fails to issue a decision within 73 calendar days of the
2248
filing of the notice of appeal, that failure is the equivalent of an order denying the
2249
appeal. A records committee appellant shall notify the State Records Committee in
2250
writing if the records committee appellant considers the appeal denied.
2251
(14) A party to a proceeding before the State Records Committee may seek judicial review
2252
in district court of a State Records Committee order by filing a petition for review [of
2253
the order ]as provided in Section 63G-2-404.
2254
(15)(a) Unless [a notice of intent to] an appeal is filed under Subsection [(15)(b)] (14),
2255
each party to the proceeding shall comply with the order of the State Records
2256
Committee.
2257
[(b) If a party disagrees with the order of the State Records Committee, that party may
2258
file a notice of intent to appeal the order.]
2259
[(c)] (b) If the State Records Committee orders the governmental entity to produce a
2260
record and no appeal is timely filed, or if, as a result of the appeal, the governmental
2261
entity is required to produce a record, the governmental entity shall:
2262
(i) produce the record; and
2263
(ii) file a notice of compliance with the committee.
2264
[(d)] (c)(i) If the governmental entity that is ordered to produce a record fails to file a
2265
notice of compliance or [a notice of intent to] to timely file an appeal, the State
2266
Records Committee may[ do either or both of the following]:
2267
(A) impose a civil penalty of up to $500 for each day of continuing
2268
noncompliance; or
2269
(B) send written notice of the governmental entity's noncompliance to the
2270
governor.
2271
(ii) In imposing a civil penalty under Subsection (15)(c)(i)(A), the State Records
2272
Committee shall consider the gravity and circumstances of the violation, including
2273
whether the failure to comply was due to neglect or was willful or intentional.
2274
(16)(a) The executive secretary may decline to schedule a hearing regarding a disputed
- 67 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2275
fee, fee amount, or fee waiver if the executive secretary and the committee chair
2276
agree that the petition for hearing is without merit.
2277
(b) At the chair's direction, the executive secretary may request that the governmental
2278
entity provide information regarding how the fee was calculated.
2279
(17)(a) If the executive secretary declines to schedule a hearing under Subsection (16)(a),
2280
the executive secretary shall send a notice to the parties indicating:
2281
(i) that the request for a hearing has been denied; and
2282
(ii) whether the petition is granted or denied.
2283
(b) The committee shall:
2284
(i) vote at the next regular meeting to accept or reject the recommendation to respond
2285
to the petition without a hearing; and
2286
(ii) issue an order that includes the reasons for the committee's decision to accept or
2287
reject the recommendation.
2288
Section 15. Section 63G-2-501 is amended to read:
2289
63G-2-501 . State Records Committee created -- Membership -- Terms --
2290
Vacancies -- Expenses.
2291
(1) [There is created the State Records Committee within the Department of Government
2292
Operations consisting of the following seven individuals] The State Records Committee
2293
is created within the Department of Government Operations and consists of the
2294
following seven individuals:
2295
(a) an individual [in the private sector ]whose profession requires the individual to [
2296
create or ]manage records[ that, if created by a governmental entity, would be private
2297
or controlled];
2298
(b) an individual with experience with [electronic records and databases, as
2299
recommended by a statewide technology advocacy organization that represents the
2300
public, private, and nonprofit sectors] databases or data management;
2301
(c) the director of the Division of Archives and Records Services or the director's
2302
designee;
2303
(d) [two citizen members] one citizen member;
2304
(e) one [person] individual representing political subdivisions, as recommended by the
2305
Utah League of Cities and Towns;[ and]
2306
(f) one individual representing the news media[.] ; and
2307
(g) one individual with professional experience in law enforcement.
2308
(2) The governor shall appoint or reappoint the members described in [Subsections (1)(a),
- 68 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2309
(b), (d), (e), and (f)] Subsection (1) with the advice and consent of the Senate in
2310
accordance with Chapter 24, Part 2, Vacancies.
2311
(3)(a) Except as provided in Subsection (3)(b), the governor shall appoint each member
2312
to a four-year term.
2313
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or
2314
reappointment, adjust the length of terms to ensure that the terms of committee
2315
members are staggered so that approximately half of the committee is appointed
2316
every two years.
2317
(c) Each appointed member is eligible for reappointment for one additional term.
2318
(4) When a vacancy occurs in the membership for any reason, the governor shall, with the
2319
advice and consent of the Senate in accordance with Chapter 24, Part 2, Vacancies,
2320
appoint a replacement for the unexpired term.
2321
(5) A member of the State Records Committee may not receive compensation or benefits
2322
for the member's service on the committee, but may receive per diem and travel
2323
expenses in accordance with:
2324
(a) Section 63A-3-106;
2325
(b) Section 63A-3-107; and
2326
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2327
(6) A member described in [Subsection (1)(a), (b), (d), (e), or (f)] Subsection (1) shall
2328
comply with the conflict of interest provisions described in Chapter 24, Part 3, Conflicts
2329
of Interest.
2330
Section 16. Section 63G-2-502 is amended to read:
2331
63G-2-502 . State Records Committee -- Duties.
2332
(1) The State Records Committee shall:
2333
(a) hear appeals from determinations of access under Section 63G-2-403;
2334
(b) hear appeals regarding disputed fees under Section 63G-2-203;
2335
[(b)] (c) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d);
2336
and
2337
[(c)] (d) appoint a chair from among the committee's members.
2338
(2) The State Records Committee may:
2339
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2340
Rulemaking Act, to govern the committee's proceedings; and
2341
(b) by order, after notice and hearing, reassign classification and designation for any
2342
record series by a governmental entity if the governmental entity's classification or
- 69 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2343
designation is inconsistent with this chapter.
2344
(3)(a) The State Records Committee shall annually appoint an executive secretary to
2345
provide administrative support to the committee.
2346
(b) The executive secretary is not a voting member of the committee.
2347
(4) [Five] Four members of the State Records Committee are a quorum for the transaction of
2348
business.
2349
(5) The state archives shall provide staff and support services for the State Records
2350
Committee.
2351
(6)(a) If the State Records Committee reassigns the classification or designation of a
2352
record or record series under Subsection (2)(b), any affected governmental entity or
2353
any other interested [person] party may appeal the reclassification or redesignation to
2354
the district court.
2355
(b) The district court shall hear the matter de novo.
2356
(7) The Office of the Attorney General shall provide counsel to the State Records
2357
Committee.
2358
Section 17. Section 63G-2-604 is amended to read:
2359
63G-2-604 . Retention and disposition of records.
2360
(1)(a) Except for a governmental entity that is permitted to maintain the governmental
2361
entity's own retention schedules under Part 7, Applicability to Political Subdivisions,
2362
the Judiciary, the Legislature, and the Governor and Lieutenant Governor, each
2363
governmental entity shall file with the Records Management Committee created in
2364
Section 63A-12-112 a proposed schedule for the retention and disposition of each
2365
type of material that is defined as a record under this chapter.
2366
(b) After a retention schedule is reviewed and approved by the Records Management
2367
Committee under Subsection 63A-12-113(1)(b), the governmental entity shall
2368
maintain and destroy records in accordance with the retention schedule.
2369
(c) If a governmental entity subject to the provisions of this [section] Subsection (1) has
2370
not received an approved retention schedule from the Records Management
2371
Committee for a specific type of material that is defined as a record under this
2372
chapter, the general retention schedule maintained by the state archivist shall govern
2373
the retention and destruction of that type of material.
2374
(2) A retention schedule that is filed with or approved by the Records Management
2375
Committee under the requirements of this section is a public record.
2376
(3) A governmental entity shall, on an annual basis, before August 1:
- 70 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2377
(a) review the governmental entity's records retention requirements;
2378
(b) update the governmental entity's records retention requirements, if needed;
2379
(c) determine whether the governmental entity is complying with the records retention
2380
requirements; and
2381
(d) take necessary action to ensure compliance with the records retention requirements.
2382
Section 18. Section 63G-2-605 is enacted to read:
2383
63G-2-605 . Employee education on government records requirements.
2384
A governmental entity shall comply with the applicable employee education
2385
requirements described in Section 63A-12-117.
2386
Section 19. Section 63G-2-701 is amended to read:
2387
63G-2-701 . Political subdivisions may adopt ordinances in compliance with
2388
chapter -- Appeal process.
2389
(1) As used in this section:
2390
(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
2391
(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
2392
(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
2393
(2)(a) Each political subdivision may adopt an ordinance or a policy [applicable
2394
throughout its jurisdiction] within the political subdivision's jurisdiction relating to
2395
information practices including classification, designation, access, denials,
2396
segregation, appeals, management, retention, and amendment of records.
2397
(b) The ordinance or policy shall:
2398
(i) comply with the criteria [set forth] described in this section[.] ;
2399
(ii) provide guidance to staff and elected officials regarding the use of a personal
2400
device or account when conducting government business;
2401
(iii) assign records management staff specific responsibilities related to records
2402
management; and
2403
(iv) be approved by the political subdivision's governing body.
2404
(c) A political subdivision shall:
2405
(i) regularly train staff and elected officials on the records retention ordinance or
2406
policy; and
2407
(ii) implement a process to monitor and encourage compliance with the ordinance or
2408
policy by staff and elected officials.
2409
[(c)] (d) [If any] A political subdivision that does not adopt and maintain an ordinance or
2410
policy[, then that political subdivision] is subject to this chapter.
- 71 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2411
[(d)] (e) Notwithstanding the adoption of an ordinance or policy, each political
2412
subdivision is subject to Part 1, General Provisions, Part 3, Classification, and
2413
Sections 63A-12-105, 63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206,
2414
63G-2-601, and 63G-2-602.
2415
[(e)] (f) [Every] A political subdivision shall file the political subdivision's ordinance,
2416
policy, [or] and each amendment to the ordinance or policy [shall be filed ]with [the ]
2417
state archives no later than 30 days after [its] the effective date of the ordinance,
2418
policy, or amendment.
2419
[(f)] (g) The political subdivision shall [also report to the state archives] provide to state
2420
archives all retention schedules[,] and all designations and classifications applied to a
2421
record series [maintained by] that the political subdivision maintains.
2422
[(g)] (h)(i) [The report required by Subsection (2)(f) is notification to state archives of
2423
the political subdivision's retention schedules, designations, and classifications.
2424
The report] The information provided under Subsection (2)(g) is not subject to
2425
approval by state archives.
2426
(ii) If state archives determines that a different retention schedule is needed for state
2427
purposes, state archives shall notify the political subdivision of the state's retention
2428
schedule for the records and shall maintain the records if requested to do so under
2429
Subsection 63A-12-105(2).
2430
(3) Each political subdivision's ordinance or policy relating to information practices shall:
2431
(a) provide standards for [the] record classification and designation [of the records of the
2432
political subdivision ]as public, private, controlled, or protected in accordance with
2433
Part 3, Classification;
2434
(b) require [the] record classification [of the records of the political subdivision ]in
2435
accordance with [those] the standards described in Subsection (3)(a);
2436
(c) provide guidelines for [establishment of] establishing fees in accordance with Section
2437
63G-2-203; and
2438
(d) provide management and retention standards [for the management and retention of
2439
the records of the political subdivision ]comparable to Section 63A-12-103.
2440
(4)(a) Each ordinance or policy shall establish:
2441
(i) access criteria, procedures, and response times for requests to inspect, obtain, or
2442
amend records[ of the political subdivision,] ; and
2443
(ii) time limits for appeals consistent with this chapter.
2444
(b) [In establishing response times for access requests and time limits for appeals, the
- 72 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2445
political subdivision may establish reasonable time frames different than those set out
2446
in Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the
2447
political subdivision are insufficient to meet the requirements of those sections] In
2448
establishing response times for access requests and time limits for appeals, if a
2449
political subdivision determines that the political subdivision's resources are
2450
insufficient to meet the requirements under this chapter, the political subdivision may
2451
set reasonable time frames different than the time frames described in Section
2452
63G-2-204 and Part 4, Appeals.
2453
(5)(a) A political subdivision shall establish an appeals process for [persons] a person
2454
aggrieved by a classification, designation, or access [decisions] decision.
2455
(b) A political subdivision's appeals process shall include a process for a requester or
2456
interested party to appeal an access denial[ to a person designated by the political
2457
subdivision as] , as described in Section 63G-2-401, to the individual designated as
2458
the chief administrative officer[ for purposes of an appeal under Section 63G-2-401].
2459
(c)(i) A political subdivision may establish an appeals board to decide an appeal of a
2460
decision of the chief administrative officer affirming an access denial.
2461
(ii) An appeals board established by a political subdivision shall be composed of
2462
three members:
2463
(A) one of whom shall be an employee of the political subdivision; and
2464
(B) two of whom shall be members of the public who are not employed by or
2465
officials of a governmental entity, at least one of whom shall have professional
2466
experience with requesting or managing records.
2467
(iii) If a political subdivision establishes an appeals board, any appeal of a decision of
2468
a chief administrative officer shall be made to the appeals board.
2469
(iv) If a political subdivision does not establish an appeals board, the political
2470
subdivision's appeals process shall provide for an appeal of a chief administrative
2471
officer's decision to the State Records Committee, as provided in Section
2472
63G-2-403.
2473
(d) A political subdivision that establishes an appeals board shall notify the executive
2474
secretary no later than 30 days after the day on which the political subdivision
2475
establishes the appeals board.
2476
(6)(a) A political subdivision or requester may appeal an appeals board decision:
2477
(i) to the State Records Committee, as provided in Section 63G-2-403; or
2478
(ii) by filing a petition for judicial review with the district court.
- 73 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2479
(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
2480
conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
2481
63G-2-404.
2482
(c) A person who appeals an appeals board decision to the State Records Committee
2483
does not lose or waive the right to seek judicial review of the State Records
2484
Committee decision[ of the State Records Committee].
2485
(7) [Any] A political subdivision that adopts an ordinance or policy under Subsection [(1)]
2486
(2) shall forward[ to state archives] a copy and summary description of the ordinance or
2487
policy to state archives.
2488
Section 20. Section 63G-2-801 is amended to read:
2489
63G-2-801 . Criminal penalties.
2490
(1)(a) A public employee or other [person] individual who has lawful access to any
2491
private, controlled, or protected record under this chapter, and who intentionally
2492
discloses, provides a copy of, or improperly uses a private, controlled, or protected
2493
record knowing that the disclosure or use is prohibited under this chapter, [is, ]except
2494
as provided in Subsection 53-5-708(1)(c), is guilty of a class B misdemeanor.
2495
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
2496
private, controlled, or protected information in the reasonable belief that the use or
2497
disclosure of the information was necessary to expose a violation of law involving
2498
government corruption, abuse of office, or misappropriation of public funds or
2499
property.
2500
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have
2501
lawfully been released to the recipient if it had been properly classified.
2502
(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
2503
other person disclosed, provided, or used the record based on a good faith belief that
2504
the disclosure, provision, or use was in accordance with the law.
2505
(2)(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
2506
copy of any private, controlled, or protected record to which the person is not legally
2507
entitled is guilty of a class B misdemeanor.
2508
(b) No person shall be guilty under Subsection (2)(a) who receives the record,
2509
information, or copy after the fact and without prior knowledge of or participation in
2510
the false pretenses, bribery, or theft.
2511
(3)(a) A public employee who intentionally refuses to release a record, the disclosure of
2512
which the employee knows is required by law, is guilty of a class B misdemeanor.
- 74 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2513
(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
2514
failure to release the record was based on a good faith belief that the public employee
2515
was acting in accordance with the requirements of law.
2516
(c) A public employee who intentionally refuses to release a record, the disclosure of
2517
which the employee knows is required by a final unappealed order from a [
2518
government] governmental entity, the State Records Committee, or a court is guilty of
2519
a class B misdemeanor.
2520
(4)(a) As used in this Subsection (4), "pending records request" means that:
2521
(i) a person has made a record request; and
2522
(ii) the governmental entity:
2523
(A) has not denied the record request, but has not yet provided all records
2524
requested;
2525
(B) has denied the record request, in whole or in part, and the deadline for
2526
appealing the denial has not passed;
2527
(C) has denied the record request, in whole or in part, an appeal is filed in relation
2528
to the record request, and the appeal has not become final; or
2529
(D) is subject to an order to provide a record and has not yet fully complied with
2530
the order.
2531
(b) It is unlawful for an individual to destroy or delete a record that the individual
2532
knows, or has reason to know, may be responsive to a pending records request, with
2533
the intent of avoiding disclosure of the record or information in the record.
2534
(c) Violation of Subsection (4)(b) is an infraction.
2535
Section 21. Section 77-27-5 is amended to read:
2536
77-27-5 . Board of Pardons and Parole authority.
2537
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
2538
treason or impeachment, the board shall determine by majority decision when and
2539
under what conditions an offender's conviction may be pardoned or commuted.
2540
(b) The board shall determine by majority decision when and under what conditions an
2541
offender committed to serve a sentence at a penal or correctional facility, which is
2542
under the jurisdiction of the department, may:
2543
(i) be released upon parole;
2544
(ii) have a fine or forfeiture remitted;
2545
(iii) have the offender's criminal accounts receivable remitted in accordance with
2546
Section 77-32b-105 or 77-32b-106;
- 75 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2547
(iv) have the offender's payment schedule modified in accordance with Section
2548
77-32b-103; or
2549
(v) have the offender's sentence terminated.
2550
(c) The board shall prioritize public safety when making a determination under
2551
Subsection (1)(a) or (1)(b).
2552
(d)(i) The board may sit together or in panels to conduct hearings.
2553
(ii) The chair shall appoint members to the panels in any combination and in
2554
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
2555
Utah Administrative Rulemaking Act.
2556
(iii) The chair may participate on any panel and when doing so is chair of the panel.
2557
(iv) The chair of the board may designate the chair for any other panel.
2558
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
2559
an open session, the board may not:
2560
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
2561
receivable;
2562
(B) release the offender on parole; or
2563
(C) commute, pardon, or terminate an offender's sentence.
2564
(ii) An action taken under this Subsection (1) other than by a majority of the board
2565
shall be affirmed by a majority of the board.
2566
(f) A commutation or pardon may be granted only after a full hearing before the board.
2567
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
2568
shall be given to the offender.
2569
(b) The county or district attorney's office responsible for prosecution of the case, the
2570
sentencing court, and law enforcement officials responsible for the defendant's arrest
2571
and conviction shall be notified of any board hearings through the board's website.
2572
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
2573
notified of original hearings and any hearing after that if notification is requested and
2574
current contact information has been provided to the board.
2575
(d)(i) Notice to the victim or the victim's representative shall include information
2576
provided in Section 77-27-9.5, and any related rules made by the board under that
2577
section.
2578
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
2579
reasonable for the lay person to understand.
2580
(3)(a) A decision by the board is final and not subject for judicial review if the decision
- 76 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2581
is regarding:
2582
(i) a pardon, parole, commutation, or termination of an offender's sentence;
2583
(ii) the modification of an offender's payment schedule for restitution; or
2584
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
2585
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
2586
4, Open and Public Meetings Act, when the board is engaged in the board's
2587
deliberative process.
2588
(c) Pursuant to Subsection [63G-2-103(25)(b)(xi)] 63G-2-103(28)(b)(xii), records of the
2589
deliberative process are exempt from Title 63G, Chapter 2, Government Records
2590
Access and Management Act.
2591
(d) Unless it will interfere with a constitutional right, deliberative processes are not
2592
subject to disclosure, including discovery.
2593
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
2594
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
2595
power to grant respite or reprieves in all cases of convictions for offenses against the
2596
state, except treason or conviction on impeachment.
2597
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
2598
next session of the board.
2599
(c) At the next session of the board, the board:
2600
(i) shall continue or terminate the respite or reprieve; or
2601
(ii) may commute the punishment or pardon the offense as provided.
2602
(d) In the case of conviction for treason, the governor may suspend execution of the
2603
sentence until the case is reported to the Legislature at the Legislature's next session.
2604
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
2605
execution.
2606
(5)(a) In determining when, where, and under what conditions an offender serving a
2607
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
2608
offender's criminal accounts receivable remitted, or have the offender's sentence
2609
commuted or terminated, the board shall:
2610
(i) consider whether the offender has made restitution ordered by the court under
2611
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
2612
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
2613
commutation or termination of the offender's sentence;
2614
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
- 77 - 4th Sub. (Pumpkin) S.B. 163 03-07 16:01
2615
making determinations under this Subsection (5);
2616
(iii) consider information provided by the department regarding an offender's
2617
individual case action plan; and
2618
(iv) review an offender's status within 60 days after the day on which the board
2619
receives notice from the department that the offender has completed all of the
2620
offender's case action plan components that relate to activities that can be
2621
accomplished while the offender is imprisoned.
2622
(b) The board shall determine whether to remit an offender's criminal accounts
2623
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
2624
77-32b-106.
2625
(6) In determining whether parole may be terminated, the board shall consider:
2626
(a) the offense committed by the parolee; and
2627
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
2628
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
2629
parole in accordance with the adult sentencing and supervision length guidelines, as
2630
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
2631
requirements of the law.
2632
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
2633
determining whether parole should be granted or terminated for an offender.
2634
(9) The board may intervene as a limited-purpose party in a judicial or administrative
2635
proceeding, including a criminal action, to seek:
2636
(a) correction of an order that has or will impact the board's jurisdiction; or
2637
(b) clarification regarding an order that may impact the board's jurisdiction.
2638
(10) A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days
2639
after the day on which a court enters the order that impacts the board's jurisdiction.
2640
Section 22. Effective Date.
2641
This bill takes effect on May 7, 2025.
2642
Section 23. Coordinating S.B. 163 with S.B. 277.
2643
If S.B. 163, Government Records Amendments, and S.B. 277, Government Records
2644
Management Amendments, both pass and become law, the Legislature intends that on May 7,
2645
2025, notwithstanding Section 30, Coordinating S.B. 277 with S.B. 163, in S.B. 277,
2646
Subsection 63G-2-403(7) be amended to read:
2647
"(7) (a) The [State Records Committee] director shall hold a hearing within the period of
2648
time described in Subsection (4).
- 78 - 03-07 16:01 4th Sub. (Pumpkin) S.B. 163
2649
(b) In accordance with Chapter 3, Utah Administrative Rulemaking Act, the division shall
2650
make rules requiring that a hearing under this section is open to the public in substantially the
2651
same manner as a meeting under Title 52, Chapter 4, Open and Public Meetings Act.".
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