S.B. 137

1

GOVERNMENT RECORDS ACCESS &
2 MANAGEMENT ACT - TECHNICAL
3 REVISIONS
4 2002 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Alicia L. Suazo
7 This act modifies the Government Records Access and Management Act and references to
8 that act to make technical revisions. This act provides an effective date.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 31A-31-104, as enacted by Chapter 243, Laws of Utah 1994
12 53-5-708, as last amended by Chapters 12 and 54, Laws of Utah 1994
13 63-2-301 (Effective 07/01/02), as last amended by Chapter 8, Laws of Utah 2001, First
14 Special Session
15 63-2-301 (Superseded 07/01/02), as last amended by Chapter 48, Laws of Utah 1999
16 63-2-903, as last amended by Chapter 280, Laws of Utah 1992
17 77-38-3, as last amended by Chapter 103, Laws of Utah 1997
18 78-2a-6, as enacted by Chapter 321, Laws of Utah 1999
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 31A-31-104 is amended to read:
21 31A-31-104. Disclosure of information.
22 (1) (a) Subject to Subsection (2), upon written request by an insurer to an authorized
23 agency, the authorized agency may release to the insurer information or evidence that is relevant
24 to any suspected insurance fraud.
25 (b) Upon written request by an authorized agency to an insurer, the insurer or an agent
26 authorized by the insurer to act on the insurer's behalf shall release to the authorized agency
27 information or evidence that is relevant to any suspected insurance fraud.

28 (2) (a) Any information or evidence furnished to an authorized agency under this section
29 may be classified as a protected record in accordance with Subsection 63-2-304 [(8) of the
30 Government Records Access and Management Act] (9).
31 (b) Any information or evidence furnished to an insurer under this section is not subject
32 to discovery in a civil proceeding unless, after reasonable notice to any insurer, agent, or any
33 authorized agency that has an interest in the information and subsequent hearing, a court
34 determines that the public interest and any ongoing criminal investigation will not be jeopardized
35 by the disclosure.
36 (c) An insurer shall report to the department agency terminations based upon a violation
37 of this chapter.
38 Section 2. Section 53-5-708 is amended to read:
39 53-5-708. Permit -- Names private.
40 (1) When any permit is issued, a record shall be maintained in the office of the licensing
41 authority. Notwithstanding the requirements of Subsection 63-2-301 (1)(b), the names, addresses,
42 telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are
43 protected records under Subsection 63-2-304 [(9)] (10).
44 (2) Copies of each permit issued shall be filed immediately by the licensing authority with
45 the division.
46 Section 3. Section 63-2-301 (Effective 07/01/02) is amended to read:
47 63-2-301 (Effective 07/01/02). Records that must be disclosed.
48 (1) The following records are public except to the extent they contain information
49 expressly permitted to be treated confidentially under the provisions of Subsections 63-2-201 (3)(b)
50 and (6)(a):
51 (a) laws;
52 (b) names, gender, gross compensation, job titles, job descriptions, business addresses,
53 business telephone numbers, number of hours worked per pay period, dates of employment, and
54 relevant education, previous employment, and similar job qualifications of the governmental
55 entity's former and present employees and officers excluding:
56 (i) undercover law enforcement personnel; and
57 (ii) investigative personnel if disclosure could reasonably be expected to impair the
58 effectiveness of investigations or endanger any individual's safety;

59 (c) final opinions, including concurring and dissenting opinions, and orders that are made
60 by a governmental entity in an administrative, adjudicative, or judicial proceeding except that if
61 the proceedings were properly closed to the public, the opinion and order may be withheld to the
62 extent that they contain information that is private, controlled, or protected;
63 (d) final interpretations of statutes or rules by a governmental entity unless classified as
64 protected as provided in Subsections 63-2-304 [(15),] (16), [and] (17), and (18);
65 (e) information contained in or compiled from a transcript, minutes, or report of the open
66 portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public
67 Meetings, including the records of all votes of each member of the governmental entity;
68 (f) judicial records unless a court orders the records to be restricted under the rules of civil
69 or criminal procedure or unless the records are private under this chapter;
70 (g) records filed with or maintained by county recorders, clerks, treasurers, surveyors,
71 zoning commissions, the Division of Forestry, Fire and State Lands, the School and Institutional
72 Trust Lands Administration, the Division of Oil, Gas and Mining, the Division of Water Rights,
73 or other governmental entities that give public notice of:
74 (i) titles or encumbrances to real property;
75 (ii) restrictions on the use of real property;
76 (iii) the capacity of persons to take or convey title to real property; or
77 (iv) tax status for real and personal property;
78 (h) records of the Department of Commerce that evidence incorporations, mergers, name
79 changes, and uniform commercial code filings;
80 (i) data on individuals that would otherwise be private under this chapter if the individual
81 who is the subject of the record has given the governmental entity written permission to make the
82 records available to the public;
83 (j) documentation of the compensation that a governmental entity pays to a contractor or
84 private provider;
85 (k) summary data; and
86 (l) voter registration records, including an individual's voting history, except for those parts
87 of the record that are classified as private in Subsection 63-2-302 (1)(a)(viii).
88 (2) The following records are normally public, but to the extent that a record is expressly
89 exempt from disclosure, access may be restricted under Subsection 63-2-201 (3)(b), Section

90 63-2-302 , 63-2-303 , or 63-2-304 :
91 (a) administrative staff manuals, instructions to staff, and statements of policy;
92 (b) records documenting a contractor's or private provider's compliance with the terms of
93 a contract with a governmental entity;
94 (c) records documenting the services provided by a contractor or a private provider to the
95 extent the records would be public if prepared by the governmental entity;
96 (d) contracts entered into by a governmental entity;
97 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds by
98 a governmental entity;
99 (f) records relating to government assistance or incentives publicly disclosed, contracted
100 for, or given by a governmental entity, encouraging a person to expand or relocate a business in
101 Utah, except as provided in Subsection 63-2-304 [(34)] (35);
102 (g) chronological logs and initial contact reports;
103 (h) correspondence by and with a governmental entity in which the governmental entity
104 determines or states an opinion upon the rights of the state, a political subdivision, the public, or
105 any person;
106 (i) empirical data contained in drafts if:
107 (i) the empirical data is not reasonably available to the requester elsewhere in similar form;
108 and
109 (ii) the governmental entity is given a reasonable opportunity to correct any errors or make
110 nonsubstantive changes before release;
111 (j) drafts that are circulated to anyone other than:
112 (i) a governmental entity;
113 (ii) a political subdivision;
114 (iii) a federal agency if the governmental entity and the federal agency are jointly
115 responsible for implementation of a program or project that has been legislatively approved;
116 (iv) a government-managed corporation; or
117 (v) a contractor or private provider;
118 (k) drafts that have never been finalized but were relied upon by the governmental entity
119 in carrying out action or policy;
120 (l) original data in a computer program if the governmental entity chooses not to disclose

121 the program;
122 (m) arrest warrants after issuance, except that, for good cause, a court may order restricted
123 access to arrest warrants prior to service;
124 (n) search warrants after execution and filing of the return, except that a court, for good
125 cause, may order restricted access to search warrants prior to trial;
126 (o) records that would disclose information relating to formal charges or disciplinary
127 actions against a past or present governmental entity employee if:
128 (i) the disciplinary action has been completed and all time periods for administrative
129 appeal have expired; and
130 (ii) the charges on which the disciplinary action was based were sustained;
131 (p) records maintained by the Division of Forestry, Fire and State Lands, the School and
132 Institutional Trust Lands Administration, or the Division of Oil, Gas and Mining that evidence
133 mineral production on government lands;
134 (q) final audit reports;
135 (r) occupational and professional licenses;
136 (s) business licenses; and
137 (t) a notice of violation, a notice of agency action under Section 63-46b-3 , or similar
138 records used to initiate proceedings for discipline or sanctions against persons regulated by a
139 governmental entity, but not including records that initiate employee discipline.
140 (3) The list of public records in this section is not exhaustive and should not be used to
141 limit access to records.
142 Section 4. Section 63-2-301 (Superseded 07/01/02) is amended to read:
143 63-2-301 (Superseded 07/01/02). Records that must be disclosed.
144 (1) The following records are public except to the extent they contain information
145 expressly permitted to be treated confidentially under the provisions of Subsections 63-2-201 (3)(b)
146 and (6)(a):
147 (a) laws;
148 (b) names, gender, gross compensation, job titles, job descriptions, business addresses,
149 business telephone numbers, number of hours worked per pay period, dates of employment, and
150 relevant education, previous employment, and similar job qualifications of the governmental
151 entity's former and present employees and officers excluding:

152 (i) undercover law enforcement personnel; and
153 (ii) investigative personnel if disclosure could reasonably be expected to impair the
154 effectiveness of investigations or endanger any individual's safety;
155 (c) final opinions, including concurring and dissenting opinions, and orders that are made
156 by a governmental entity in an administrative, adjudicative, or judicial proceeding except that if
157 the proceedings were properly closed to the public, the opinion and order may be withheld to the
158 extent that they contain information that is private, controlled, or protected;
159 (d) final interpretations of statutes or rules by a governmental entity unless classified as
160 protected as provided in Subsections 63-2-304 [(15),] (16), [and] (17), and (18);
161 (e) information contained in or compiled from a transcript, minutes, or report of the open
162 portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public
163 Meetings, including the records of all votes of each member of the governmental entity;
164 (f) judicial records unless a court orders the records to be restricted under the rules of civil
165 or criminal procedure or unless the records are private under this chapter;
166 (g) records filed with or maintained by county recorders, clerks, treasurers, surveyors,
167 zoning commissions, the Division of Forestry, Fire and State Lands, the School and Institutional
168 Trust Lands Administration, the Division of Oil, Gas and Mining, the Division of Water Rights,
169 or other governmental entities that give public notice of:
170 (i) titles or encumbrances to real property;
171 (ii) restrictions on the use of real property;
172 (iii) the capacity of persons to take or convey title to real property; or
173 (iv) tax status for real and personal property;
174 (h) records of the Department of Commerce that evidence incorporations, mergers, name
175 changes, and uniform commercial code filings;
176 (i) data on individuals that would otherwise be private under this chapter if the individual
177 who is the subject of the record has given the governmental entity written permission to make the
178 records available to the public;
179 (j) documentation of the compensation that a governmental entity pays to a contractor or
180 private provider;
181 (k) summary data; and
182 (l) voter registration records, including an individual's voting history, except for those parts

183 of the record that are classified as private in Subsection 63-2-302 (1)(h).
184 (2) The following records are normally public, but to the extent that a record is expressly
185 exempt from disclosure, access may be restricted under Subsection 63-2-201 (3)(b), Section
186 63-2-302 , 63-2-303 , or 63-2-304 :
187 (a) administrative staff manuals, instructions to staff, and statements of policy;
188 (b) records documenting a contractor's or private provider's compliance with the terms of
189 a contract with a governmental entity;
190 (c) records documenting the services provided by a contractor or a private provider to the
191 extent the records would be public if prepared by the governmental entity;
192 (d) contracts entered into by a governmental entity;
193 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds by
194 a governmental entity;
195 (f) records relating to government assistance or incentives publicly disclosed, contracted
196 for, or given by a governmental entity, encouraging a person to expand or relocate a business in
197 Utah, except as provided in Subsection 63-2-304 [(34)] (35);
198 (g) chronological logs and initial contact reports;
199 (h) correspondence by and with a governmental entity in which the governmental entity
200 determines or states an opinion upon the rights of the state, a political subdivision, the public, or
201 any person;
202 (i) empirical data contained in drafts if:
203 (i) the empirical data is not reasonably available to the requester elsewhere in similar form;
204 and
205 (ii) the governmental entity is given a reasonable opportunity to correct any errors or make
206 nonsubstantive changes before release;
207 (j) drafts that are circulated to anyone other than:
208 (i) a governmental entity;
209 (ii) a political subdivision;
210 (iii) a federal agency if the governmental entity and the federal agency are jointly
211 responsible for implementation of a program or project that has been legislatively approved;
212 (iv) a government-managed corporation; or
213 (v) a contractor or private provider;

214 (k) drafts that have never been finalized but were relied upon by the governmental entity
215 in carrying out action or policy;
216 (l) original data in a computer program if the governmental entity chooses not to disclose
217 the program;
218 (m) arrest warrants after issuance, except that, for good cause, a court may order restricted
219 access to arrest warrants prior to service;
220 (n) search warrants after execution and filing of the return, except that a court, for good
221 cause, may order restricted access to search warrants prior to trial;
222 (o) records that would disclose information relating to formal charges or disciplinary
223 actions against a past or present governmental entity employee if:
224 (i) the disciplinary action has been completed and all time periods for administrative
225 appeal have expired; and
226 (ii) the charges on which the disciplinary action was based were sustained;
227 (p) records maintained by the Division of Forestry, Fire and State Lands, the School and
228 Institutional Trust Lands Administration, or the Division of Oil, Gas and Mining that evidence
229 mineral production on government lands;
230 (q) final audit reports;
231 (r) occupational and professional licenses;
232 (s) business licenses; and
233 (t) a notice of violation, a notice of agency action under Section 63-46b-3 , or similar
234 records used to initiate proceedings for discipline or sanctions against persons regulated by a
235 governmental entity, but not including records that initiate employee discipline.
236 (3) The list of public records in this section is not exhaustive and should not be used to
237 limit access to records.
238 Section 5. Section 63-2-903 is amended to read:
239 63-2-903. Duties of governmental entities.
240 The chief administrative officer of each governmental entity shall:
241 (1) establish and maintain an active, continuing program for the economical and efficient
242 management of the governmental entity's records as provided by this chapter;
243 (2) appoint one or more records officers who will be trained to work with the state archives
244 in the care, maintenance, scheduling, disposal, classification, designation, access, and preservation

245 of records;
246 (3) make and maintain adequate and proper documentation of the organization, functions,
247 policies, decisions, procedures, and essential transactions of the governmental entity designed to
248 furnish information to protect the legal and financial rights of persons directly affected by the
249 entity's activities;
250 (4) submit to the state archivist proposed schedules of records for final approval by the
251 records committee;
252 (5) cooperate with the state archivist in conducting surveys made by the state archivist;
253 (6) comply with rules issued by the Department of Administrative Services as provided
254 by Section 63-2-904 ;
255 (7) report to the state archives the designation of record series that it maintains;
256 (8) report to the state archives the classification of each record series that is classified; and
257 (9) establish and report to the state archives retention schedules for objects that the
258 governmental entity determines are not records under Subsection [ 63-2-301 ] 63-2-103 (18), but that
259 have historical or evidentiary value.
260 Section 6. Section 77-38-3 is amended to read:
261 77-38-3. Notification to victims -- Initial notice, election to receive subsequent notices
262 -- Form of notice -- Protected victim information.
263 (1) Within seven days of the filing of felony criminal charges against a defendant, the
264 prosecuting agency shall provide an initial notice to reasonably identifiable and locatable victims
265 of the crime contained in the charges, except as otherwise provided in this chapter.
266 (2) The initial notice to the victim of a crime shall provide information about electing to
267 receive notice of subsequent important criminal justice hearings listed in Subsections 77-38-2 (5)(a)
268 through (f) and rights under this chapter.
269 (3) The prosecuting agency shall provide notice to a victim of a crime for the important
270 criminal justice hearings, provided in Subsections 77-38-2 (5)(a) through (f) which the victim has
271 requested.
272 (4) (a) The responsible prosecuting agency may provide initial and subsequent notices in
273 any reasonable manner, including telephonically, electronically, orally, or by means of a letter or
274 form prepared for this purpose.
275 (b) In the event of an unforeseen important criminal justice hearing, listed in Subsections

276 77-38-2 (5)(a) through (f) for which a victim has requested notice, a good faith attempt to contact
277 the victim by telephone shall be considered sufficient notice, provided that the prosecuting agency
278 subsequently notifies the victim of the result of the proceeding.
279 (5) (a) The court shall take reasonable measures to ensure that its scheduling practices for
280 the proceedings provided in Subsections 77-38-2 (5)(a) through (f) permit an opportunity for
281 victims of crimes to be notified.
282 (b) The court shall also consider whether any notification system that it might use to
283 provide notice of judicial proceedings to defendants could be used to provide notice of those same
284 proceedings to victims of crimes.
285 (6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give notice
286 to the responsible prosecuting agency of any motion for modification of any determination made
287 at any of the important criminal justice hearings provided in Subsections 77-38-2 (5)(a) through
288 (f) in advance of any requested court hearing or action so that the prosecuting agency may comply
289 with its notification obligation.
290 (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and Parole
291 for the important criminal justice hearing provided in Subsection 77-38-2 (5)(g).
292 (b) The board may provide notice in any reasonable manner, including telephonically,
293 electronically, orally, or by means of a letter or form prepared for this purpose.
294 (8) Prosecuting agencies and the Board of Pardons and Parole are required to give notice
295 to a victim of a crime for the proceedings provided in Subsections 77-38-2 (5)(a) through (f) only
296 where the victim has responded to the initial notice, requested notice of subsequent proceedings,
297 and provided a current address and telephone number if applicable.
298 (9) (a) Law enforcement and criminal justice agencies shall refer any requests for notice
299 or information about crime victim rights from victims to the responsible prosecuting agency.
300 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
301 prosecuting agency shall forward any request for notice that it has received from a victim to the
302 Board of Pardons and Parole.
303 (10) In all cases where the number of victims exceeds ten, the responsible prosecuting
304 agency may send any notices required under this chapter in its discretion to a representative sample
305 of the victims.
306 (11) (a) A victim's address, telephone number, and victim impact statement maintained

307 by a peace officer, prosecuting agency, Youth Parole Authority, Division of Youth Corrections,
308 Department of Corrections, and Board of Pardons and Parole, for purposes of providing notice
309 under this section, is classified as protected as provided in Subsection 63-2-304 [(9)] (10).
310 (b) The victim's address, telephone number, and victim impact statement is available only
311 to the following persons or entities in the performance of their duties:
312 (i) a law enforcement agency, including the prosecuting agency;
313 (ii) a victims' right committee as provided in Section 77-37-5 ;
314 (iii) a governmentally sponsored victim or witness program;
315 (iv) the Department of Corrections;
316 (v) Office of Crime Victims' Reparations;
317 (vi) Commission on Criminal and Juvenile Justice; and
318 (vii) the Board of Pardons and Parole.
319 (12) The notice provisions as provided in this section do not apply to misdemeanors as
320 provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section
321 77-38-2 .
322 Section 7. Section 78-2a-6 is amended to read:
323 78-2a-6. Appellate Mediation Office -- Protected records and information --
324 Governmental immunity.
325 (1) Unless a more restrictive rule of court is adopted pursuant to Subsection
326 63-2-201 (3)(b), information and records relating to any matter on appeal received or generated by
327 the Chief Appellate Mediator or other staff of the Appellate Mediation Office as a result of any
328 party's participation or lack of participation in the settlement program shall be maintained as
329 protected records pursuant to Subsections 63-2-304 (16), (17), (18), and (33).
330 (2) In addition to the access restrictions on protected records provided in Section 63-2-202 ,
331 the information and records may not be disclosed to judges, staff, or employees of any court of this
332 state.
333 (3) The Chief Appellate Mediator may disclose statistical and other demographic
334 information as may be necessary and useful to report on the status and to allow supervision and
335 oversight of the Appellate Mediation Office.
336 (4) When acting as mediators, the Chief Appellate Mediator and other professional staff
337 of the Appellate Mediation Office shall be immune from liability pursuant to Title 63, Chapter 30,

338 Utah Governmental Immunity Act.
339 (5) Pursuant to Utah Constitution, Article VIII, Section 4, the Supreme Court may exercise
340 overall supervision of the Appellate Mediation Office as part of the appellate process.
341 Section 8. Effective date.
342 This act takes effect on May 6, 2002, except that the amendments to Section 63-2-301
343 (Effective 07/01/02) take effect on July 1, 2002.




Legislative Review Note
as of 1-23-02 9:20 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel