H.B. 375

1

LOCAL GOVERNMENT RECORDS AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to political subdivisions' records appeals.
10 Highlighted Provisions:
11 This bill:
12 . requires political subdivisions to designate a person as the chief administrative
13 officer for purposes of a records appeal.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 63G-2-701, as renumbered and amended by Laws of Utah 2008, Chapter 382
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63G-2-701 is amended to read:
24 63G-2-701. Political subdivisions may adopt ordinances in compliance with
25 chapter.
26 (1) (a) Each political subdivision may adopt an ordinance or a policy applicable
27 throughout its jurisdiction relating to information practices including classification,

28 designation, access, denials, segregation, appeals, management, retention, and amendment of
29 records.
30 (b) The ordinance or policy shall comply with the criteria set forth in this section.
31 (c) If any political subdivision does not adopt and maintain an ordinance or policy, then
32 that political subdivision is subject to this chapter.
33 (d) Notwithstanding the adoption of an ordinance or policy, each political subdivision
34 is subject to Parts 1 and 3, and Sections 63A-12-105 , 63A-12-107 , 63G-2-201 , 63G-2-202 ,
35 63G-2-205 , 63G-2-206 , 63G-2-601 , and 63G-2-602 .
36 (e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed
37 with the state archives no later than 30 days after its effective date.
38 (f) The political subdivision shall also report to the state archives all retention
39 schedules, and all designations and classifications applied to record series maintained by the
40 political subdivision.
41 (g) The report required by Subsection (1)(f) is notification to state archives of the
42 political subdivision's retention schedules, designations, and classifications. The report is not
43 subject to approval by state archives. If state archives determines that a different retention
44 schedule is needed for state purposes, state archives shall notify the political subdivision of the
45 state's retention schedule for the records and shall maintain the records if requested to do so
46 under Subsection 63A-12-105 (2).
47 (2) Each ordinance or policy relating to information practices shall:
48 (a) provide standards for the classification and designation of the records of the
49 political subdivision as public, private, controlled, or protected in accordance with Part 3 of
50 this chapter;
51 (b) require the classification of the records of the political subdivision in accordance
52 with those standards;
53 (c) provide guidelines for establishment of fees in accordance with Section 63G-2-203 ;
54 and
55 (d) provide standards for the management and retention of the records of the political
56 subdivision comparable to Section 63A-12-103 .
57 (3) (a) Each ordinance or policy shall establish access criteria, procedures, and
58 response times for requests to inspect, obtain, or amend records of the political subdivision,

59 and time limits for appeals consistent with this chapter.
60 (b) In establishing response times for access requests and time limits for appeals, the
61 political subdivision may establish reasonable time frames different than those set out in
62 Section 63G-2-204 and Part 4 of this chapter if it determines that the resources of the political
63 subdivision are insufficient to meet the requirements of those sections.
64 (4) (a) The political subdivision shall establish an appeals process for persons
65 aggrieved by classification, designation or access decisions.
66 (b) The policy or ordinance shall provide for:
67 (i) (A) an appeals board composed of the governing body of the political subdivision;
68 or
69 [(ii)] (B) a separate appeals board composed of members of the governing body and the
70 public, appointed by the governing body[.]; and
71 (ii) the designation of a person as the chief administrative officer for purposes of
72 determining appeals under Section 63G-2-401 of the governmental entity's determination.
73 (5) If the requester concurs, the political subdivision may also provide for an additional
74 level of administrative review to the records committee in accordance with Section 63G-2-403 .
75 (6) Appeals of the decisions of the appeals boards established by political subdivisions
76 shall be by petition for judicial review to the district court. The contents of the petition for
77 review and the conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
78 63G-2-404 .
79 (7) Any political subdivision that adopts an ordinance or policy under Subsection (1)
80 shall forward to state archives a copy and summary description of the ordinance or policy.




Legislative Review Note
as of 2-9-09 10:00 AM

Office of Legislative Research and General Counsel