63G-2-103. Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records for
the purpose of determining the fair presentation of financial statements, adequacy of internal
controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 63G-2-201(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer system
in a manner designed to provide storage, retrieval, and manipulation of data from the computer
system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the original
data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 63G-2-304.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's review
of a reasonable sample of a record series, the primary classification that a majority of records in a
record series would be given if classified and the classification that other records typically
present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, local district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the
Board of Examiners, the National Guard, the Career Service Review Board, the State Board of
Education, the State Board of Regents, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as
specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means every office, agency, board, bureau, committee,
department, advisory board, or commission of an entity listed in Subsection (11)(a) that is funded
or established by the government to carry out the public's business.
(12) "Gross compensation" means every form of remuneration payable for a given period
to an individual for services provided including salaries, commissions, vacation pay, severance
pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit
received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared after
the initial contact report. However, if the information specified in Subsection (14)(a) appears in
follow-up or investigative reports, it may only be treated confidentially if it is private, controlled,
protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with a records committee order.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as
provided by Section 63G-2-302.
(20) "Protected record" means a record that is classified protected as provided by Section
63G-2-305.
(21) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
(22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of physical form
or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity in the employee's or officer's private capacity;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections of
a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the originator's
personal use or for the personal use of an individual for whom the originator is working;
(x) a computer program that is developed or purchased by or for any governmental entity
for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body charged by law with performing a quasi-judicial
function;
(xii) a telephone number or similar code used to access a mobile communication device
that is used by an employee or officer of a governmental entity, provided that the employee or
officer of the governmental entity has designated at least one business telephone number that is a
public record as provided in Section 63G-2-301;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 49-20-103, to a county to enable the county to calculate the amount to be paid
to a health care provider under Subsection 17-50-319(2)(b)(ii); or
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 11-42-205.
(23) "Record series" means a group of records that may be treated as a unit for purposes
of designation, description, management, or disposition.
(24) "Records committee" means the State Records Committee created in Section
63G-2-501.
(25) "Records officer" means the individual appointed by the chief administrative officer
of each governmental entity, or the political subdivision to work with state archives in the care,
maintenance, scheduling, designation, classification, disposal, and preservation of records.
(26) "Schedule," "scheduling," and their derivative forms mean the process of specifying
the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(27) "Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
(28) "State archives" means the Division of Archives and Records Service created in
Section 63A-12-101.
(29) "State archivist" means the director of the state archives.
(30) "Summary data" means statistical records and compilations that contain data derived
from private, controlled, or protected information but that do not disclose private, controlled, or
protected information.
Amended by Chapter 246, 2009 General Session
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Last revised: Thursday, May 28, 2009