H.B. 242

This document includes House Committee Amendments incorporated into the bill on Mon, Mar 10, 2014 at 10:48 AM by lerror. --> 1

FEES FOR GOVERNMENT RECORDS REQUESTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian S. King
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Government Records Access and Management Act
10 relating to fees charged for record requests.
11 Highlighted Provisions:
12 This bill:
13 . modifies a provision that allows a governmental entity to fulfill a record request
14 without charge under certain circumstances, making the provision a requirement
14a H. for costs up to $1,000 .H .
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63G-2-203 , as last amended by Laws of Utah 2009, Chapter 183
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63G-2-203 is amended to read:
25 63G-2-203. Fees.
26 (1) A governmental entity may charge a reasonable fee to cover the governmental
27 entity's actual cost of providing a record. This fee shall be approved by the governmental

28 entity's executive officer.
29 (2) (a) When a governmental entity compiles a record in a form other than that
30 normally maintained by the governmental entity, the actual costs under this section may include
31 the following:
32 (i) the cost of staff time for compiling, formatting, manipulating, packaging,
33 summarizing, or tailoring the record either into an organization or media to meet the person's
34 request;
35 (ii) the cost of staff time for search, retrieval, and other direct administrative costs for
36 complying with a request; and
37 (iii) in the case of fees for a record that is the result of computer output other than word
38 processing, the actual incremental cost of providing the electronic services and products
39 together with a reasonable portion of the costs associated with formatting or interfacing the
40 information for particular users, and the administrative costs as set forth in Subsections
41 (2)(a)(i) and (ii).
42 (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
43 paid employee who, in the discretion of the custodian of records, has the necessary skill and
44 training to perform the request.
45 (c) Notwithstanding Subsections (2)(a) and (b), no charge may be made for the first
46 quarter hour of staff time.
47 (3) (a) Fees shall be established as provided in this Subsection (3).
48 (b) A governmental entity with fees established by the Legislature:
49 (i) shall establish the fees defined in Subsection (2), or other actual costs associated
50 with this section through the budget process; and
51 (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature
52 establishes fees through the budget process.
53 (c) Political subdivisions shall establish fees by ordinance or written formal policy
54 adopted by the governing body.
55 (d) The judiciary shall establish fees by rules of the judicial council.
56 (4) H. [ A governmental entity [may] shall fulfill a record request without charge ]
56a (a) Subsection (4)(b) applies to .H [and is
57 encouraged to do so when] H. a governmental entity's fee for fulfilling a record request .H if 57a H. [ it ] the governmental entity .H determines that:
58 H. [ (a) ] (i) .H releasing the record primarily benefits the public rather than a person;

59 H. [ (b) ] (ii) .H the individual requesting the record is the subject of the record, or an
59a individual
60 specified in Subsection 63G-2-202 (1) or (2); or
61 H. [ (c) ] (iii) .H the requester's legal rights are directly implicated by the information in the
61a record,
62 and the requester is impecunious.
62a H. (b) If a governmental entity makes a determination under Subsection (4)(a), the
62b governmental entity:
62c (i) may not charge the first $1,000 in costs incurred for fulfilling the record request; and
62d (ii) may charge for costs incurred in fulfilling the record request to the extent that the
62e costs exceed $1,000. .H
63 (5) A governmental entity may not charge a fee for:
64 (a) reviewing a record to determine whether it is subject to disclosure, except as
65 permitted by Subsection (2)(a)(ii); or
66 (b) inspecting a record.
67 (6) (a) A person who believes that there has been an unreasonable denial of a fee
68 waiver under Subsection (4) may appeal the denial in the same manner as a person appeals
69 when inspection of a public record is denied under Section 63G-2-205 .
70 (b) The adjudicative body hearing the appeal has the same authority when a fee waiver
71 or reduction is denied as it has when the inspection of a public record is denied.
72 (7) (a) All fees received under this section by a governmental entity subject to
73 Subsection (3)(b) shall be retained by the governmental entity as a dedicated credit.
74 (b) Those funds shall be used to recover the actual cost and expenses incurred by the
75 governmental entity in providing the requested record or record series.
76 (8) (a) A governmental entity may require payment of past fees and future estimated
77 fees before beginning to process a request if:
78 (i) fees are expected to exceed $50; or
79 (ii) the requester has not paid fees from previous requests.
80 (b) Any prepaid amount in excess of fees due shall be returned to the requester.
81 (9) This section does not alter, repeal, or reduce fees established by other statutes or
82 legislative acts.
83 (10) (a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be
84 set as provided in this Subsection (10).
85 (b) The lieutenant governor shall:
86 (i) after consultation with county clerks, establish uniform fees for voter registration
87 and voter history records that meet the requirements of this section; and
88 (ii) obtain legislative approval of those fees by following the procedures and
89 requirements of Section 63J-1-504 .

Legislative Review Note
as of 11-20-13 3:59 PM

Office of Legislative Research and General Counsel