S.B. 44 Enrolled

GOVERNMENT RECORDS AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carlene M. Walker
House Sponsor: David Ure

LONG TITLE
General Description:
This bill modifies provisions of the Government Records Access and Management Act.
Highlighted Provisions:
This bill:
. modifies the definition of "person" under the Government Records Access and
Management Act to include combinations of individuals or entities acting in
concert;
. modifies the definition of "record" under the act to include only references to the
singular and to clarify its relation to the definition of "record series";
. allows government entities to sequentially produce multiple record requests from
persons serving their private interest;
. permits government entities to allow a person requesting records to personally make
copies or to provide facilities for copying records in certain circumstances;
. requires government entities to provide reasonable safeguards to protect the public
from the potential loss of public records;
. allows government entities to provide access to an electronic equivalent of a paper
record;
. modifies language relating to appeals from records committee decisions to clarify
that appeals are permitted by any party; and
. makes technical changes.
Monies Appropriated in this Bill:
None

Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63-2-103, as last amended by Chapter 78, Laws of Utah 2002
63-2-201, as last amended by Chapter 191, Laws of Utah 2002
63-2-203, as last amended by Chapter 48, Laws of Utah 1999
63-2-204, as last amended by Chapter 280, Laws of Utah 1992
63-2-403, as last amended by Chapter 245, Laws of Utah 1999
63-2-903, as last amended by Chapters 97 and 185, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-2-103 is amended to read:
63-2-103. 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 the time and general nature of
police, fire, and paramedic calls made to the agency and 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 63-2-201 (3)(b).
(4) (a) "Computer program" means 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 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 63-2-303 .
(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) "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.
(9) "Government audit agency" means any governmental entity that conducts [audits] an
audit.
(10) (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 63-2-701 , this chapter
shall apply to the political subdivision to the extent specified in Section 63-2-701 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 [the entities] an entity listed in Subsection (10)(a)
that is funded or established by the government to carry out the public's business.
(11) "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.
(12) "Individual" means a human being.
(13) (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 (13)(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 63-2-201 (3)(b).
(14) "Notice of compliance" means a statement confirming that a governmental entity
has complied with a records committee order.
[(14)] (15) "Person" means any individual, nonprofit or profit corporation, partnership,
sole proprietorship, or other type of business organization, or any combination thereof, acting in
concert with one another.
[(15)] (16) "Private provider" means any person who contracts with a governmental
entity to provide services directly to the public.
[(16)] (17) "Private record" means a record containing data on individuals that is private

as provided by Section 63-2-302 .
[(17)] (18) "Protected record" means a record that is classified protected as provided by
Section 63-2-304 .
[(18)] (19) "Public record" means a record that is not private, controlled, or protected and
that is not exempt from disclosure as provided in Subsection 63-2-201 (3)(b).
[(19)] (20) (a) "Record" means [all books, letters, documents, papers, maps, plans,
photographs, films, cards, tapes, recordings,] a book, letter, document, paper, map, plan,
photograph, film, card, tape, recording, electronic data, or other documentary [materials] material
regardless of physical form or characteristics:
(i) [which are] 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 temporary [drafts] draft or similar [materials] material prepared for the originator's
personal use or prepared by the originator for the personal use of an individual for whom [he] the
originator is working;
(ii) [materials] material that are legally owned by an individual in [his] the individual's
private capacity;
(iii) [materials] 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;
(iv) proprietary software;
(v) junk mail or a commercial [publications] publication received by a governmental
entity or an official or employee of a governmental entity;
(vi) [books and other materials that are] a book that is cataloged, indexed, or inventoried
and contained in the collections of [libraries] a library open to the public;
(vii) 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;

[(vii)] (viii) a daily [calendars and] calendar or other personal [notes] note prepared by
the originator for the originator's personal use or for the personal use of an individual for whom
[he] the originator is working;
[(viii)] (ix) a computer [programs as defined in Subsection (4) that are] program that is
developed or purchased by or for any governmental entity for its own use; or
[(ix) notes] (x) a note or internal [memoranda] 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.
[(20)] (21) "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
[(21)] (22) "Records committee" means the State Records Committee created in Section
63-2-501 .
[(22)] (23) "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.
[(23)] (24) "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.
[(24)] (25) "State archives" means the Division of Archives and Records Service created
in Section 63-2-901 .
[(25)] (26) "State archivist" means the director of the state archives.
[(26)] (27) "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.
Section 2. Section 63-2-201 is amended to read:
63-2-201. Right to inspect records and receive copies of records.
(1) Every person has the right to inspect a public record free of charge, and the right to
take a copy of a public record during normal working hours, subject to Sections 63-2-203 and
63-2-204 .
(2) [All records are] A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) [records that are] a record that is private, controlled, or protected under Sections
63-2-302 , 63-2-302.5 , 63-2-303 , and 63-2-304 ; and
(b) [records] a record to which access is restricted pursuant to court rule, another state
statute, federal statute, or federal regulation, including records for which access is governed or
restricted as a condition of participation in a state or federal program or for receiving state or
federal funds.
(4) Only [those records] a record specified in Section 63-2-302 , 63-2-302.5 , 63-2-303 , or
63-2-304 may be classified private, controlled, or protected.
(5) (a) A governmental entity may not disclose a record that is private, controlled, or
protected to any person except as provided in Subsection (5)(b), Section 63-2-202 , 63-2-206 , or
63-2-302.5 .
(b) A governmental entity may disclose [records] a record that [are] is private under
Subsection 63-2-302 (2) or protected under Section 63-2-304 to persons other than those specified
in Section 63-2-202 or 63-2-206 if the head of a governmental entity, or a designee, determines
that:
(i) there is no interest in restricting access to the record[, or that]; or
(ii) the interests favoring access outweighs the interest favoring restriction of access.
(6) (a) The disclosure of [records] a record to which access is governed or limited
pursuant to court rule, another state statute, federal statute, or federal regulation, including
[records] a record for which access is governed or limited as a condition of participation in a state

or federal program or for receiving state or federal funds, is governed by the specific provisions
of that statute, rule, or regulation.
(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
is not inconsistent with the statute, rule, or regulation.
(7) A governmental entity shall provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) (a) A governmental entity is not required to create a record in response to a request.
(b) Upon request, a governmental entity shall provide a record in a particular format if:
(i) the governmental entity is able to do so without unreasonably interfering with the
governmental entity's duties and responsibilities; and
(ii) the requester agrees to pay the governmental entity for its costs incurred in providing
the record in the requested format in accordance with Section 63-2-203 .
(c) Nothing in this section requires a governmental entity to fulfill a person's records
request if the request unreasonably duplicates prior records requests from that person.
[(9) If a person requests copies of more than 50 pages of records from a governmental
entity, and, if]
(9) (a) A governmental entity may allow a person requesting more than 50 pages of
records to copy the records if:
(i) the records are contained in files that do not contain records that are exempt from
disclosure, or the records may be segregated to remove private, protected, or controlled
information from disclosure; and
(ii) the governmental entity provides reasonable safeguards to protect the public from the
potential for loss of a public record.
(b) When the requirements of Subsection (9)(a) are met, the governmental entity may:
[(a)] (i) provide the requester with the facilities for copying the requested records and
require that the requester make the copies [himself]; or

[(b)] (ii) allow the requester to provide [his] the requester's own copying facilities and
personnel to make the copies at the governmental entity's offices and waive the fees for copying
the records.
(10) (a) A governmental entity that owns an intellectual property right and that offers the
intellectual property right for sale or license may control by ordinance or policy the duplication
and distribution of the material based on terms the governmental entity considers to be in the
public interest.
(b) Nothing in this chapter shall be construed to limit or impair the rights or protections
granted to the governmental entity under federal copyright or patent law as a result of its
ownership of the intellectual property right.
(11) A governmental entity may not use the physical form, electronic or otherwise, in
which a record is stored to deny, or unreasonably hinder the rights of [persons] a person to
inspect and receive [copies] a copy of a record under this chapter.
(12) A governmental entity may provide access to an electronic copy of a record in lieu
of providing access to its paper equivalent.
Section 3. Section 63-2-203 is amended to read:
63-2-203. Fees.
(1) A governmental entity may charge a reasonable fee to cover the governmental entity's
actual cost of duplicating a record. This fee shall be approved by the governmental entity's
executive officer.
(2) (a) When a governmental entity compiles a record in a form other than that normally
maintained by the governmental entity, the actual costs under this section may include the
following:
[(a)] (i) the cost of staff time for summarizing, compiling, or tailoring the record either
into an organization or media to meet the person's request;
[(b)] (ii) the cost of staff time for search, retrieval, and other direct administrative costs
for complying with a request[. The hourly charge may not exceed the salary of the lowest paid
employee who, in the discretion of the custodian of records, has the necessary skill and training

to perform the request; provided, however, that no charge may be made for the first quarter hour
of staff time]; and
[(c)] (iii) in the case of fees for a record that is the result of computer output other than
word processing, the actual incremental cost of providing the electronic services and products
together with a reasonable portion of the costs associated with formatting or interfacing the
information for particular users, and the administrative costs as set forth in Subsections (2)(a)(i)
and [(b)] (ii).
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest
paid employee who, in the discretion of the custodian of records, has the necessary skill and
training to perform the request.
(c) Notwithstanding Subsections (2)(a) and (b), no charge may be made for the first
quarter hour of staff time.
(3) (a) Fees shall be established as [follows:] provided in this Subsection (3).
[(a) Governmental entities]
(b) A governmental entity with fees established by the Legislature:
(i) shall establish the fees defined in Subsection (2), or other actual costs associated with
this section through the budget process[. Governmental entities with fees established by the
Legislature]; and
(ii) may use the procedures of Section 63-38-3.2 to set fees until the Legislature
establishes fees through the budget process. [A fee set by a governmental entity in accordance
with Section 63-38-3.2 expires on May 1, 1995.]
[(b)] (c) Political subdivisions shall establish fees by ordinance or written formal policy
adopted by the governing body.
[(c)] (d) The judiciary shall establish fees by rules of the judicial council.
(4) A governmental entity may fulfill a record request without charge and is encouraged
to do so when it determines that:
(a) releasing the record primarily benefits the public rather than a person;
(b) the individual requesting the record is the subject of the record, or an individual

specified in Subsection 63-2-202 (1) or (2); or
(c) the requester's legal rights are directly implicated by the information in the record,
and the requester is impecunious.
(5) A governmental entity may not charge a fee for:
(a) reviewing a record to determine whether it is subject to disclosure, except as
permitted by Subsection (2)[(b)](a)(ii); or
(b) inspecting a record.
(6) (a) A person who believes that there has been an unreasonable denial of a fee waiver
under Subsection (4) may appeal the denial in the same manner as a person appeals when
inspection of a public record is denied under Section 63-2-205 .
(b) The adjudicative body hearing the appeal has the same authority when a fee waiver or
reduction is denied as it has when the inspection of a public record is denied.
(7) (a) All fees received under this section by a governmental entity subject to Subsection
(3)[(a)](b) shall be retained by the governmental entity as a dedicated credit.
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
governmental entity in providing the requested record or record series.
(8) (a) A governmental entity may require payment of past fees and future estimated fees
before beginning to process a request if:
(i) fees are expected to exceed $50[,]; or [if]
(ii) the requester has not paid fees from previous requests.
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
(9) This section does not alter, repeal, or reduce fees established by other statutes or
legislative acts.
(10) (a) Notwithstanding Subsection (3)[(b)](c), fees for voter registration records shall
be set as provided in this Subsection (10).
(b) The lieutenant governor shall:
(i) after consultation with county clerks, establish uniform fees for voter registration and
voter history records that meet the requirements of this section; and

(ii) obtain legislative approval of those fees by following the procedures and
requirements of Section 63-38-3.2 .
Section 4. Section 63-2-204 is amended to read:
63-2-204. Requests -- Time limit for response and extraordinary circumstances.
(1) A person making a request for a record shall furnish the governmental entity with a
written request containing [his]:
(a) the person's name, mailing address, and daytime telephone number, if available[,];
and
(b) a description of the [records] record requested that identifies the record with
reasonable specificity.
(2) A governmental entity may make rules in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, specifying where and to whom requests for access shall be
directed.
(3) (a) As soon as reasonably possible, but no later than ten business days after receiving
a written request, or five business days after receiving a written request if the requester
demonstrates that expedited response to the record request benefits the public rather than the
person, the governmental entity shall respond to the request by:
(i) approving the request and providing the record;
(ii) denying the request;
(iii) notifying the requester that it does not maintain the record and providing, if known,
the name and address of the governmental entity that does maintain the record; or
(iv) notifying the requester that because of one of the extraordinary circumstances listed
in Subsection (4), it cannot immediately approve or deny the request.
(b) The notice described in Subsection (3)(a)(iv) shall:
(i) describe the circumstances relied upon; and
(ii) specify the date when the records will be available.
[(b)] (c) Any person who requests a record to obtain information for a story or report for
publication or broadcast to the general public is presumed to be acting to benefit the public rather

than a person.
(4) The following circumstances constitute "extraordinary circumstances" that allow a
governmental entity to delay approval or denial by an additional period of time as specified in
Subsection [ 63-2-204 ](5) if the governmental entity determines that due to the extraordinary
circumstances it cannot respond within the time limits provided in Subsection (3):
(a) another governmental entity is using the record, in which case the originating
governmental entity shall promptly request that the governmental entity currently in possession
return the record;
(b) another governmental entity is using the record as part of an audit, and returning the
record before the completion of the audit would impair the conduct of the audit;
(c) (i) the request is for a voluminous quantity of records[;] or a record series containing
a substantial number of records;
(ii) the requester seeks a substantial number of records or records series in requests filed
within five working days of each other;
(d) the governmental entity is currently processing a large number of records requests;
(e) the request requires the governmental entity to review a large number of records to
locate the records requested;
(f) the decision to release a record involves legal issues that require the governmental
entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law;
(g) segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires extensive editing; or
(h) segregating information that the requester is entitled to inspect from information that
the requester is not entitled to inspect requires computer programming.
(5) If one of the extraordinary circumstances listed in Subsection (4) precludes approval
or denial within the time specified in Subsection (3), the following time limits apply to the
extraordinary circumstances:
(a) for claims under Subsection (4)(a), the governmental entity currently in possession of
the record shall return the record to the originating entity within five business days of the request

for the return unless returning the record would impair the holder's work;
(b) for claims under Subsection (4)(b), the originating governmental entity shall notify
the requester when the record is available for inspection and copying;
(c) for claims under Subsections (4)(c), (d), and (e), the governmental entity shall:
(i) disclose the records that it has located which the requester is entitled to inspect;
(ii) provide the requester with an estimate of the amount of time it will take to finish the
work required to respond to the request; [and]
(iii) complete the work and disclose those records that the requester is entitled to inspect
as soon as reasonably possible; and
(iv) for any person that does not establish a right to an expedited response as authorized
by Subsection (3)(a), a governmental entity may choose to:
(A) require the person to provide for copying of the records as provided in Subsection
63-2-201 (9); or
(B) treat a request for multiple records as separate record requests, and respond
sequentially to each request;
(d) for claims under Subsection (4)(f), the governmental entity shall either approve or
deny the request within five business days after the response time specified for the original
request has expired;
(e) for claims under Subsection (4)(g), the governmental entity shall fulfill the request
within 15 business days from the date of the original request; or
(f) for claims under Subsection (4)(h), the governmental entity shall complete its
programming and disclose the requested records as soon as reasonably possible.
(6) (a) If a request for access is submitted to an office of a governmental entity other than
that specified by rule in accordance with Subsection (2), the office shall promptly forward the
request to the appropriate office.
(b) If the request is forwarded promptly, the time limit for response begins when the
record is received by the office specified by rule.
(7) If the governmental entity fails to provide the requested records or issue a denial

within the specified time period, that failure is considered the equivalent of a determination
denying access to the [records] record.
Section 5. Section 63-2-403 is amended to read:
63-2-403. Appeals to the records committee.
(1) A petitioner, including an aggrieved person who did not participate in the appeal to
the governmental entity's chief administrative officer, may appeal to the records committee by
filing a notice of appeal with the executive secretary no later than:
(a) 30 days after the chief administrative officer of the governmental entity has granted or
denied the [records] record request in whole or in part, including a denial under Subsection
63-2-204 (7);
(b) 45 days after the original request for [records] a record if:
(i) the circumstances described in Subsection 63-2-401 (1)(b) occur; and
(ii) the chief administrative officer failed to make a determination under Section
63-2-401 .
(2) The notice of appeal shall contain the following information:
(a) the petitioner's name, mailing address, and daytime telephone number;
(b) a copy of any denial of the [records] record request; and
(c) the relief sought.
(3) The petitioner may file a short statement of facts, reasons, and legal authority in
support of the appeal.
(4) (a) Except as provided in Subsection (4)(b), no later than three business days after
receiving a notice of appeal, the executive secretary of the records committee shall:
(i) schedule a hearing for the records committee to discuss the appeal at the next
regularly scheduled committee meeting falling at least 14 days after the date the notice of appeal
is filed but no longer than 45 days after the date the notice of appeal was filed provided, however,
the records committee may schedule an expedited hearing upon application of the petitioner and
good cause shown;
(ii) send a copy of the notice of hearing to the petitioner; and

(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing to:
(A) each member of the records committee;
(B) the records officer and the chief administrative officer of the governmental entity
from which the appeal originated;
(C) any person who made a business confidentiality claim under Section 63-2-308 for a
record that is the subject of the appeal; and
(D) all persons who participated in the proceedings before the governmental entity's chief
administrative officer.
(b) (i) The executive secretary of the records committee may decline to schedule a
hearing if the record series that is the subject of the appeal has been found by the committee in a
previous hearing involving the same government entity to be appropriately classified as private,
controlled, or protected.
(ii) (A) If the executive secretary of the records committee declines to schedule a
hearing, the executive secretary of the records committee shall send a notice to the petitioner
indicating that the request for hearing has been denied and the reason for the denial.
(B) The committee shall make rules to implement this section as provided by Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(5) (a) A written statement of facts, reasons, and legal authority in support of the
governmental entity's position must be submitted to the executive secretary of the records
committee not later than five business days before the hearing.
(b) The governmental entity shall send a copy of the written statement to the petitioner
by first class mail, postage prepaid. The executive secretary shall forward a copy of the written
statement to each member of the records committee.
(6) (a) No later than ten business days after the notice of appeal is sent by the executive
secretary, a person whose legal interests may be substantially affected by the proceeding may file
a request for intervention before the records committee.
(b) Any written statement of facts, reasons, and legal authority in support of the
intervener's position shall be filed with the request for intervention.

(c) The person seeking intervention shall provide copies of the statement to all parties to
the proceedings before the records committee.
(7) The records committee shall hold a hearing within the period of time described in
Subsection (4).
(8) At the hearing, the records committee shall allow the parties to testify, present
evidence, and comment on the issues. The records committee may allow other interested persons
to comment on the issues.
(9) (a) The records committee may review the disputed records. However, if the
committee is weighing the various interests under Subsection (11), the committee must review
the disputed records. The review shall be in camera.
(b) Members of the records committee may not disclose any information or record
reviewed by the committee in camera unless the disclosure is otherwise authorized by this
chapter.
(10) (a) Discovery is prohibited, but the records committee may issue subpoenas or other
orders to compel production of necessary evidence.
(b) When the subject of a records committee subpoena disobeys or fails to comply with
the subpoena, the records committee may file a motion for an order to compel obedience to the
subpoena with the district court.
(c) The records committee's review shall be de novo.
(11) (a) No later than three business days after the hearing, the records committee shall
issue a signed order either granting the petition in whole or in part or upholding the
determination of the governmental entity in whole or in part.
(b) The records committee may, upon consideration and weighing of the various interests
and public policies pertinent to the classification and disclosure or nondisclosure, order the
disclosure of information properly classified as private, controlled, or protected if the public
interest favoring access outweighs the interest favoring restriction of access.
(c) In making a determination under Subsection (11)(b), the records committee shall
consider and, where appropriate, limit the requester's use and further disclosure of the record in

order to protect privacy interests in the case of a private or controlled [records] record, business
confidentiality interests in the case of [records] a record protected under Subsections 63-2-304 (1)
and (2), and privacy interests or the public interest in the case of other protected records.
(12) The order of the records committee shall include:
(a) a statement of reasons for the decision, including citations to this chapter, court rule
or order, another state statute, federal statute, or federal regulation that governs disclosure of the
record, provided that the citations do not disclose private, controlled, or protected information;
(b) a description of the record or portions of the record to which access was ordered or
denied, provided that the description does not disclose private, controlled, or protected
information or information exempt from disclosure under Subsection 63-2-201 (3)(b);
(c) a statement that any party to the proceeding before the records committee may appeal
the records committee's decision to district court; and
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a
notice that in order to protect its rights on appeal, the party may wish to seek advice from an
attorney.
(13) If the records committee fails to issue a decision within 35 days of the filing of the
notice of appeal, that failure shall be considered the equivalent of an order denying the appeal.
The petitioner shall notify the records committee in writing if [he] the petitioner considers the
appeal denied.
(14) (a) [Each government entity ] Unless a notice of intent to appeal is filed under
Subsection (14)(b), each party to the proceeding shall comply with the order of the records
committee [and, if records are ordered to be produced, file: (i)].
(b) If a party disagrees with the order of the records committee, that party may file a
notice of intent to appeal the order of the records committee.
(c) If the records committee orders the governmental entity to produce a record and no
appeal is filed, or if, as a result of the appeal, the governmental entity is required to produce a
record, the governmental entity shall:
(i) produce the record; and

(ii) file a notice of compliance with the records committee [upon production of the
records; or].
[(ii) a notice of intent to appeal.]
[(b)] (d) (i) If the [government] governmental entity that is ordered to produce a record
fails to file a notice of compliance or a notice of intent to appeal, the records committee may do
either or both of the following:
(A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
(B) send written notice of the governmental entity's noncompliance to:
(I) the governor for executive branch entities[, to];
(II) the Legislative Management Committee for legislative branch entities[,]; and [to]
(III) the Judicial Council for judicial branch agencies entities.
(ii) In imposing a civil penalty, the records committee shall consider the gravity and
circumstances of the violation, including whether the failure to comply was due to neglect or was
willful or intentional.
Section 6. Section 63-2-903 is amended to read:
63-2-903. Duties of governmental entities.
The chief administrative officer of each governmental entity shall:
(1) establish and maintain an active, continuing program for the economical and efficient
management of the governmental entity's records as provided by this chapter;
(2) appoint one or more records officers who will be trained to work with the state
archives in the care, maintenance, scheduling, disposal, classification, designation, access, and
preservation of records;
(3) make and maintain adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential transactions of the governmental entity
designed to furnish information to protect the legal and financial rights of persons directly
affected by the entity's activities;
(4) submit to the state archivist proposed schedules of records for final approval by the
records committee;

(5) cooperate with the state archivist in conducting surveys made by the state archivist;
(6) comply with rules issued by the Department of Administrative Services as provided
by Section 63-2-904 ;
(7) report to the state archives the designation of record series that it maintains;
(8) report to the state archives the classification of each record series that is classified;
and
(9) establish and report to the state archives retention schedules for objects that the
governmental entity determines are not [records] defined as a record under [Subsection] Section
63-2-103 [(18)], but that have historical or evidentiary value.