Senator Curtis S. Bramble proposes the following substitute bill:


1     
GOVERNMENT RECORDS ACCESS AND MANAGEMENT

2     
ACT AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis S. Bramble

6     
House Sponsor: James A. Dunnigan

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of the Government Records Access and Management Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a governmental entity is not required to respond to a record request
14     from an individual who is confined in a correctional facility following conviction,
15     with an exception;
16          ▸     modifies the time a chief administrative officer has to make a decision on an appeal;
17          ▸     prohibits a court from remanding to the State Records Committee a petition for
18     review of a State Records Committee order; and
19          ▸     modifies qualifications of members of a political subdivision appeals board.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          63G-2-201, as last amended by Laws of Utah 2016, Chapter 410
27          63G-2-204, as last amended by Laws of Utah 2011, Chapter 340
28          63G-2-401, as last amended by Laws of Utah 2015, Chapter 335
29          63G-2-404, as last amended by Laws of Utah 2015, Chapter 335
30          63G-2-701, as last amended by Laws of Utah 2015, Chapter 335
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 63G-2-201 is amended to read:
34          63G-2-201. Right to inspect records and receive copies of records.
35          (1) Every person has the right to inspect a public record free of charge, and the right to
36     take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and
37     63G-2-204.
38          (2) A record is public unless otherwise expressly provided by statute.
39          (3) The following records are not public:
40          (a) a record that is private, controlled, or protected under Sections 63G-2-302,
41     63G-2-303, 63G-2-304, and 63G-2-305; and
42          (b) a record to which access is restricted pursuant to court rule, another state statute,
43     federal statute, or federal regulation, including records for which access is governed or
44     restricted as a condition of participation in a state or federal program or for receiving state or
45     federal funds.
46          (4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or
47     63G-2-305 may be classified private, controlled, or protected.
48          (5) (a) A governmental entity may not disclose a record that is private, controlled, or
49     protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
50     63G-2-202, 63G-2-206, or 63G-2-303.
51          (b) A governmental entity may disclose a record that is private under Subsection
52     63G-2-302(2) or protected under Section 63G-2-305 to persons other than those specified in
53     Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee,
54     determines that:
55          (i) there is no interest in restricting access to the record; or
56          (ii) the interests favoring access are greater than or equal to the interest favoring

57     restriction of access.
58          (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
59     disclose a record that is protected under Subsection 63G-2-305(51) if:
60          (i) the head of the governmental entity, or a designee, determines that the disclosure:
61          (A) is mutually beneficial to:
62          (I) the subject of the record;
63          (II) the governmental entity; and
64          (III) the public; and
65          (B) serves a public purpose related to:
66          (I) public safety; or
67          (II) consumer protection; and
68          (ii) the person who receives the record from the governmental entity agrees not to use
69     or allow the use of the record for advertising or solicitation purposes.
70          (6) (a) The disclosure of a record to which access is governed or limited pursuant to
71     court rule, another state statute, federal statute, or federal regulation, including a record for
72     which access is governed or limited as a condition of participation in a state or federal program
73     or for receiving state or federal funds, is governed by the specific provisions of that statute,
74     rule, or regulation.
75          (b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
76     is not inconsistent with the statute, rule, or regulation.
77          (7) A governmental entity shall provide a person with a certified copy of a record if:
78          (a) the person requesting the record has a right to inspect it;
79          (b) the person identifies the record with reasonable specificity; and
80          (c) the person pays the lawful fees.
81          (8) (a) In response to a request, a governmental entity is not required to:
82          (i) create a record;
83          (ii) compile, format, manipulate, package, summarize, or tailor information;
84          (iii) provide a record in a particular format, medium, or program not currently
85     maintained by the governmental entity;
86          (iv) fulfill a person's records request if the request unreasonably duplicates prior
87     records requests from that person; or

88          (v) fill a person's records request if:
89          (A) the record requested is accessible in the identical physical form and content in a
90     public publication or product produced by the governmental entity receiving the request;
91          (B) the governmental entity provides the person requesting the record with the public
92     publication or product; and
93          (C) the governmental entity specifies where the record can be found in the public
94     publication or product.
95          (b) Upon request, a governmental entity may provide a record in a particular form
96     under Subsection (8)(a)(ii) or (iii) if:
97          (i) the governmental entity determines it is able to do so without unreasonably
98     interfering with the governmental entity's duties and responsibilities; and
99          (ii) the requester agrees to pay the governmental entity for providing the record in the
100     requested form in accordance with Section 63G-2-203.
101          (9) (a) Notwithstanding any other provision of this chapter, and subject to Subsection
102     (9)(b), a governmental entity is not required to respond to, or provide a record in response to, a
103     record request if the request is submitted by or in behalf of an individual who is confined in a
104     jail or other correctional facility following the individual's conviction.
105          (b) Subsection (9)(a) does not apply to:
106          (i) the first five record requests submitted to the governmental entity by or in behalf of
107     an individual described in Subsection (9)(a) during any calendar year requesting only a record
108     that contains a specific reference to the individual; or
109          (ii) a record request that is submitted by an attorney of an individual described in
110     Subsection (9)(a).
111          [(9)] (10) (a) A governmental entity may allow a person requesting more than 50 pages
112     of records to copy the records if:
113          (i) the records are contained in files that do not contain records that are exempt from
114     disclosure, or the records may be segregated to remove private, protected, or controlled
115     information from disclosure; and
116          (ii) the governmental entity provides reasonable safeguards to protect the public from
117     the potential for loss of a public record.
118          (b) [When] If the requirements of Subsection [(9)] (10)(a) are met, the governmental

119     entity may:
120          (i) provide the requester with the facilities for copying the requested records and
121     require that the requester make the copies; or
122          (ii) allow the requester to provide the requester's own copying facilities and personnel
123     to make the copies at the governmental entity's offices and waive the fees for copying the
124     records.
125          [(10)] (11) (a) A governmental entity that owns an intellectual property right and that
126     offers the intellectual property right for sale or license may control by ordinance or policy the
127     duplication and distribution of the material based on terms the governmental entity considers to
128     be in the public interest.
129          (b) Nothing in this chapter shall be construed to limit or impair the rights or protections
130     granted to the governmental entity under federal copyright or patent law as a result of its
131     ownership of the intellectual property right.
132          [(11)] (12) A governmental entity may not use the physical form, electronic or
133     otherwise, in which a record is stored to deny, or unreasonably hinder the rights of a person to
134     inspect and receive a copy of a record under this chapter.
135          [(12)] (13) Subject to the requirements of Subsection (8), a governmental entity shall
136     provide access to an electronic copy of a record in lieu of providing access to its paper
137     equivalent if:
138          (a) the person making the request requests or states a preference for an electronic copy;
139          (b) the governmental entity currently maintains the record in an electronic format that
140     is reproducible and may be provided without reformatting or conversion; and
141          (c) the electronic copy of the record:
142          (i) does not disclose other records that are exempt from disclosure; or
143          (ii) may be segregated to protect private, protected, or controlled information from
144     disclosure without the undue expenditure of public resources or funds.
145          [(13)] (14) In determining whether a record is properly classified as private under
146     Subsection 63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
147     board, or court shall consider and weigh:
148          (a) any personal privacy interests, including those in images, that would be affected by
149     disclosure of the records in question; and

150          (b) any public interests served by disclosure.
151          Section 2. Section 63G-2-204 is amended to read:
152          63G-2-204. Requests -- Time limit for response and extraordinary circumstances.
153          (1) A person making a request for a record shall furnish the governmental entity with a
154     written request containing:
155          (a) the person's name, mailing address, and daytime telephone number, if available;
156     and
157          (b) a description of the record requested that identifies the record with reasonable
158     specificity.
159          (2) (a) Subject to Subsection (2)(b), a person making a request for a record shall submit
160     the request to the governmental entity that prepares, owns, or retains the record.
161          (b) In response to a request for a record, a governmental entity may not provide a
162     record that it has received under Section 63G-2-206 as a shared record if the record was shared
163     for the purpose of auditing, if the governmental entity is authorized by state statute to conduct
164     an audit.
165          (c) If a governmental entity is prohibited from providing a record under Subsection
166     (2)(b), it shall:
167          (i) deny the records request; and
168          (ii) inform the person making the request that records requests must be submitted to the
169     governmental entity that prepares, owns, or retains the record.
170          (d) A governmental entity may make rules in accordance with Title 63G, Chapter 3,
171     Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall
172     be directed.
173          (3) After receiving a request for a record, a governmental entity shall:
174          (a) review each request that seeks an expedited response and notify, within five
175     business days after receiving the request, each requester that has not demonstrated that their
176     record request benefits the public rather than the person that their response will not be
177     expedited; and
178          (b) as soon as reasonably possible, but no later than 10 business days after receiving a
179     written request, or five business days after receiving a written request if the requester
180     demonstrates that expedited response to the record request benefits the public rather than the

181     person:
182          (i) approve the request and provide a copy of the record;
183          (ii) deny the request in accordance with the procedures and requirements of Section
184     63G-2-205;
185          (iii) notify the requester that it does not maintain the record requested and provide, if
186     known, the name and address of the governmental entity that does maintain the record; or
187          (iv) notify the requester that because of one of the extraordinary circumstances listed in
188     Subsection (5), it cannot immediately approve or deny the request, and include with the notice:
189          (A) a description of the circumstances that constitute the extraordinary circumstances;
190     and
191          (B) the date when the records will be available, consistent with the requirements of
192     Subsection (6).
193          (4) Any person who requests a record to obtain information for a story or report for
194     publication or broadcast to the general public is presumed to be acting to benefit the public
195     rather than a person.
196          (5) The following circumstances constitute "extraordinary circumstances" that allow a
197     governmental entity to delay approval or denial by an additional period of time as specified in
198     Subsection (6) if the governmental entity determines that due to the extraordinary
199     circumstances it cannot respond within the time limits provided in Subsection (3):
200          (a) another governmental entity is using the record, in which case the originating
201     governmental entity shall promptly request that the governmental entity currently in possession
202     return the record;
203          (b) another governmental entity is using the record as part of an audit, and returning the
204     record before the completion of the audit would impair the conduct of the audit;
205          (c) (i) the request is for a voluminous quantity of records or a record series containing a
206     substantial number of records; or
207          (ii) the requester seeks a substantial number of records or records series in requests
208     filed within five working days of each other;
209          (d) the governmental entity is currently processing a large number of records requests;
210          (e) the request requires the governmental entity to review a large number of records to
211     locate the records requested;

212          (f) the decision to release a record involves legal issues that require the governmental
213     entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case
214     law;
215          (g) segregating information that the requester is entitled to inspect from information
216     that the requester is not entitled to inspect requires extensive editing; or
217          (h) segregating information that the requester is entitled to inspect from information
218     that the requester is not entitled to inspect requires computer programming.
219          (6) If one of the extraordinary circumstances listed in Subsection (5) precludes
220     approval or denial within the time specified in Subsection (3), the following time limits apply
221     to the extraordinary circumstances:
222          (a) for claims under Subsection (5)(a), the governmental entity currently in possession
223     of the record shall return the record to the originating entity within five business days of the
224     request for the return unless returning the record would impair the holder's work;
225          (b) for claims under Subsection (5)(b), the originating governmental entity shall notify
226     the requester when the record is available for inspection and copying;
227          (c) for claims under Subsections (5)(c), (d), and (e), the governmental entity shall:
228          (i) disclose the records that it has located which the requester is entitled to inspect;
229          (ii) provide the requester with an estimate of the amount of time it will take to finish
230     the work required to respond to the request;
231          (iii) complete the work and disclose those records that the requester is entitled to
232     inspect as soon as reasonably possible; and
233          (iv) for any person that does not establish a right to an expedited response as
234     authorized by Subsection (3), a governmental entity may choose to:
235          (A) require the person to provide for copying of the records as provided in Subsection
236     63G-2-201[(9)](10); or
237          (B) treat a request for multiple records as separate record requests, and respond
238     sequentially to each request;
239          (d) for claims under Subsection (5)(f), the governmental entity shall either approve or
240     deny the request within five business days after the response time specified for the original
241     request has expired;
242          (e) for claims under Subsection (5)(g), the governmental entity shall fulfill the request

243     within 15 business days from the date of the original request; or
244          (f) for claims under Subsection (5)(h), the governmental entity shall complete its
245     programming and disclose the requested records as soon as reasonably possible.
246          (7) (a) If a request for access is submitted to an office of a governmental entity other
247     than that specified by rule in accordance with Subsection (2), the office shall promptly forward
248     the request to the appropriate office.
249          (b) If the request is forwarded promptly, the time limit for response begins when the
250     record is received by the office specified by rule.
251          (8) If the governmental entity fails to provide the requested records or issue a denial
252     within the specified time period, that failure is considered the equivalent of a determination
253     denying access to the record.
254          Section 3. Section 63G-2-401 is amended to read:
255          63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
256     appeal.
257          (1) (a) A requester or interested party may appeal an access denial to the chief
258     administrative officer of the governmental entity by filing a notice of appeal with the chief
259     administrative officer within 30 days after:
260          (i) the governmental entity sends a notice of denial under Section 63G-2-205, if the
261     governmental entity denies a record request under Subsection 63G-2-205(1); or
262          (ii) the record request is considered denied under Subsection 63G-2-204(8), if that
263     subsection applies.
264          (b) If a governmental entity claims extraordinary circumstances and specifies the date
265     when the records will be available under Subsection 63G-2-204(3), and, if the requester
266     believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
267     the requester may appeal the governmental entity's claim of extraordinary circumstances or date
268     for compliance to the chief administrative officer by filing a notice of appeal with the chief
269     administrative officer within 30 days after notification of a claim of extraordinary
270     circumstances by the governmental entity, despite the lack of a "determination" or its
271     equivalent under Subsection 63G-2-204(8).
272          (2) A notice of appeal shall contain:
273          (a) the name, mailing address, and daytime telephone number of the requester or

274     interested party; and
275          (b) the relief sought.
276          (3) The requester or interested party may file a short statement of facts, reasons, and
277     legal authority in support of the appeal.
278          (4) (a) If the appeal involves a record that is the subject of a business confidentiality
279     claim under Section 63G-2-309, the chief administrative officer shall:
280          (i) send notice of the appeal to the business confidentiality claimant within three
281     business days after receiving notice, except that if notice under this section must be given to
282     more than 35 persons, it shall be given as soon as reasonably possible; and
283          (ii) send notice of the business confidentiality claim and the schedule for the chief
284     administrative officer's determination to the requester or interested party within three business
285     days after receiving notice of the appeal.
286          (b) The business confidentiality claimant shall have seven business days after notice is
287     sent by the administrative officer to submit further support for the claim of business
288     confidentiality.
289          (5) (a) The chief administrative officer shall make a decision on the appeal within:
290          (i) (A) 10 business days after the chief administrative officer's receipt of the notice of
291     appeal; or
292          (B) five business days after the chief administrative officer's receipt of the notice of
293     appeal, if the requester or interested party demonstrates that an expedited decision benefits the
294     public rather than the requester or interested party; or
295          (ii) 12 business days after the governmental entity sends the notice of appeal to a person
296     who submitted a claim of business confidentiality.
297          (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
298     access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
299     decision affirming the access denial.
300          (ii) If the chief administrative officer fails to make a decision on an appeal under
301     Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
302     a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
303     specified when the records will be available.
304          (c) The provisions of this section notwithstanding, the parties participating in the

305     proceeding may, by agreement, extend the time periods specified in this section.
306          (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
307     upon consideration and weighing of the various interests and public policies pertinent to the
308     classification and disclosure or nondisclosure, order the disclosure of information properly
309     classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
310     the interests favoring access are greater than or equal to the interests favoring restriction of
311     access.
312          (7) (a) The governmental entity shall send written notice of the chief administrative
313     officer's decision to all participants.
314          (b) If the chief administrative officer's decision is to affirm the access denial in whole
315     or in part, the notice under Subsection (7)(a) shall include:
316          (i) a statement that the requester or interested party has the right to appeal the decision,
317     as provided in Section 63G-2-402, to:
318          (A) the records committee or district court; or
319          (B) the local appeals board, if the governmental entity is a political subdivision and the
320     governmental entity has established a local appeals board;
321          (ii) the time limits for filing an appeal; and
322          (iii) the name and business address of:
323          (A) the executive secretary of the records committee; and
324          (B) the individual designated as the contact individual for the appeals board, if the
325     governmental entity is a political subdivision that has established an appeals board under
326     Subsection 63G-2-701(5)(c).
327          (8) A person aggrieved by a governmental entity's classification or designation
328     determination under this chapter, but who is not requesting access to the records, may appeal
329     that determination using the procedures provided in this section. If a nonrequester is the only
330     appellant, the procedures provided in this section shall apply, except that the decision on the
331     appeal shall be made within 30 days after receiving the notice of appeal.
332          (9) The duties of the chief administrative officer under this section may be delegated.
333          Section 4. Section 63G-2-404 is amended to read:
334          63G-2-404. Judicial review.
335          (1) (a) A petition for judicial review of an order or decision, as allowed under this part

336     or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the
337     order or decision.
338          (b) The records committee is a necessary party to a petition for judicial review of a
339     records committee order.
340          (c) The executive secretary of the records committee shall be served with notice of a
341     petition for judicial review of a records committee order, in accordance with the Utah Rules of
342     Civil Procedure.
343          (2) A petition for judicial review is a complaint governed by the Utah Rules of Civil
344     Procedure and shall contain:
345          (a) the petitioner's name and mailing address;
346          (b) a copy of the records committee order from which the appeal is taken, if the
347     petitioner is seeking judicial review of an order of the records committee;
348          (c) the name and mailing address of the governmental entity that issued the initial
349     determination with a copy of that determination;
350          (d) a request for relief specifying the type and extent of relief requested; and
351          (e) a statement of the reasons why the petitioner is entitled to relief.
352          (3) If the appeal is based on the denial of access to a protected record based on a claim
353     of business confidentiality, the court shall allow the claimant of business confidentiality to
354     provide to the court the reasons for the claim of business confidentiality.
355          (4) All additional pleadings and proceedings in the district court are governed by the
356     Utah Rules of Civil Procedure.
357          (5) The district court may review the disputed records. The review shall be in camera.
358          (6) (a) The court shall:
359          [(a)] (i) make [its] the court's decision de novo, but, for a petition seeking judicial
360     review of a records committee order, allow introduction of evidence presented to the records
361     committee;
362          [(b)] (ii) determine all questions of fact and law without a jury; and
363          [(c)] (iii) decide the issue at the earliest practical opportunity.
364          (b) In a court's review and decision of a petition seeking judicial review of a records
365     committee order, the court may not remand the petition to the records committee for any
366     additional proceedings.

367          (7) (a) Except as provided in Section 63G-2-406, the court may, upon consideration
368     and weighing of the various interests and public policies pertinent to the classification and
369     disclosure or nondisclosure, order the disclosure of information properly classified as private,
370     controlled, or protected if the interest favoring access is greater than or equal to the interest
371     favoring restriction of access.
372          (b) The court shall consider and, where appropriate, limit the requester's use and
373     further disclosure of the record in order to protect privacy interests in the case of private or
374     controlled records, business confidentiality interests in the case of records protected under
375     Subsections 63G-2-305(1) and (2), and privacy interests or the public interest in the case of
376     other protected records.
377          Section 5. Section 63G-2-701 is amended to read:
378          63G-2-701. Political subdivisions may adopt ordinances in compliance with
379     chapter -- Appeal process.
380          (1) As used in this section:
381          (a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
382          (b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
383          (c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
384          (2) (a) Each political subdivision may adopt an ordinance or a policy applicable
385     throughout its jurisdiction relating to information practices including classification,
386     designation, access, denials, segregation, appeals, management, retention, and amendment of
387     records.
388          (b) The ordinance or policy shall comply with the criteria set forth in this section.
389          (c) If any political subdivision does not adopt and maintain an ordinance or policy, then
390     that political subdivision is subject to this chapter.
391          (d) Notwithstanding the adoption of an ordinance or policy, each political subdivision
392     is subject to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105,
393     63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.
394          (e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed
395     with the state archives no later than 30 days after its effective date.
396          (f) The political subdivision shall also report to the state archives all retention
397     schedules, and all designations and classifications applied to record series maintained by the

398     political subdivision.
399          (g) The report required by Subsection (2)(f) is notification to state archives of the
400     political subdivision's retention schedules, designations, and classifications. The report is not
401     subject to approval by state archives. If state archives determines that a different retention
402     schedule is needed for state purposes, state archives shall notify the political subdivision of the
403     state's retention schedule for the records and shall maintain the records if requested to do so
404     under Subsection 63A-12-105(2).
405          (3) Each ordinance or policy relating to information practices shall:
406          (a) provide standards for the classification and designation of the records of the
407     political subdivision as public, private, controlled, or protected in accordance with Part 3,
408     Classification;
409          (b) require the classification of the records of the political subdivision in accordance
410     with those standards;
411          (c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;
412     and
413          (d) provide standards for the management and retention of the records of the political
414     subdivision comparable to Section 63A-12-103.
415          (4) (a) Each ordinance or policy shall establish access criteria, procedures, and
416     response times for requests to inspect, obtain, or amend records of the political subdivision,
417     and time limits for appeals consistent with this chapter.
418          (b) In establishing response times for access requests and time limits for appeals, the
419     political subdivision may establish reasonable time frames different than those set out in
420     Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the political
421     subdivision are insufficient to meet the requirements of those sections.
422          (5) (a) A political subdivision shall establish an appeals process for persons aggrieved
423     by classification, designation, or access decisions.
424          (b) A political subdivision's appeals process shall include a process for a requester or
425     interested party to appeal an access denial to a person designated by the political subdivision as
426     the chief administrative officer for purposes of an appeal under Section 63G-2-401.
427          (c) (i) A political subdivision may establish an appeals board to decide an appeal of a
428     decision of the chief administrative officer affirming an access denial.

429          (ii) An appeals board established by a political subdivision shall be composed of three
430     members:
431          (A) one of whom shall be an employee of the political subdivision; and
432          (B) two of whom shall be members of the public who are not employed by or officials
433     of a governmental entity, at least one of whom shall have professional experience with
434     requesting or managing records.
435          (iii) If a political subdivision establishes an appeals board, any appeal of a decision of a
436     chief administrative officer shall be made to the appeals board.
437          (iv) If a political subdivision does not establish an appeals board, the political
438     subdivision's appeals process shall provide for an appeal of a chief administrative officer's
439     decision to the records committee, as provided in Section 63G-2-403.
440          (6) (a) A political subdivision or requester may appeal an appeals board decision:
441          (i) to the records committee, as provided in Section 63G-2-403; or
442          (ii) by filing a petition for judicial review with the district court.
443          (b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
444     conduct of the proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.
445          (c) A person who appeals an appeals board decision to the records committee does not
446     lose or waive the right to seek judicial review of the decision of the records committee.
447          (7) Any political subdivision that adopts an ordinance or policy under Subsection (1)
448     shall forward to state archives a copy and summary description of the ordinance or policy.