H.B. 337

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 29, 2012 at 3:15 PM by lerror. --> 1

OPEN GOVERNMENT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John Dougall
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Government Records Access and Management Act
10 (GRAMA) and other portions of the Utah Code by requiring the disclosure of certain
11 records and creating the Utah Public Records Website as a central location for the
12 public to access public records.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . creates the Utah Public Records Website (website), to be established and
17 maintained by the Division of Archives and Records Services (division), with the
18 assistance of the Department of Technology Services;
19 . describes the purpose and character of the website and the records that are required
20 to be posted on the website;
21 . grants rulemaking authority, in relation to the website, to the division;
22 . creates the Utah Public Records Website Advisory Board (board);
23 . describes the membership, duties, and powers of the board; and
24 . makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 63A-12-100.5, as last amended by Laws of Utah 2011, Chapter 265
32 ENACTS:
33 63A-12-110, Utah Code Annotated 1953
34 63G-2-1001, Utah Code Annotated 1953
35 63G-2-1002, Utah Code Annotated 1953
36 63G-2-1003, Utah Code Annotated 1953
37 63G-2-1004, Utah Code Annotated 1953
37a H. 63G-2-1005, Utah Code Annotated 1953 .H
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 63A-12-100.5 is amended to read:
41 63A-12-100.5. Definitions.
42 (1) Except as provided under Subsection (2), the definitions in Section 63G-2-103
43 apply to this chapter.
44 (2) As used in this chapter[, "division"]:
45 (a) "Advisory board" means the Utah Public Records Website Advisory Board, created
46 in Section 63A-12-110 .
47 (b) "Division" or "state archives" means the Division of Archives and Records Service.
48 Section 2. Section 63A-12-110 is enacted to read:
49 63A-12-110. Utah Public Records Website Advisory Board.
50 (1) There is created, within the division, the Utah Public Records Website Advisory
51 Board, consisting of the following 14 members:
52 (a) a member of the Senate, appointed by the president of the Senate;
53 (b) a member of the House of Representatives, appointed by the speaker of the House
54 of Representatives;
55 (c) the following members appointed by the governor:
56 (i) a member to represent higher education;
57 (ii) a member to represent public schools;
58 (iii) a member to represent counties;

59 (iv) a member to represent cities and towns;
60 (v) a member to represent special service districts;
61 (vi) a member to represent local districts;
62 (vii) a member of the media;
63 (viii) a member who is a citizen interested in public records issues; and
64 (ix) a member who represents a state executive branch department;
65 (d) a member appointed by the director of the division;
66 (e) a member appointed by the director of the Department of Technology Services; and
67 (f) a member who is a records officer for a law enforcement agency, appointed by the
68 director of the Department of Public Safety.
69 (2) A majority of the members of the advisory board, who have not been recused for a
70 particular issue or meeting, constitute a quorum of the advisory board.
71 (3) A majority vote of a quorum present at a meeting constitutes the action of the
72 advisory board.
73 (4) A member shall serve on the advisory board until the member resigns or is replaced
74 by the person who appointed the member.
75 (5) (a) A member of the advisory board who is not a legislator may not receive
76 compensation or benefits for the member's service, but may receive per diem and travel
77 expenses in accordance with:
78 (i) Section 63A-3-106 ;
79 (ii) Section 63A-3-107 ; and
80 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
81 63A-3-107 .
82 (b) Salary and expenses of a member of the advisory board who is a legislator shall be
83 paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
84 (6) The director of the division shall appoint a member of the advisory board as the
85 chair of the advisory board.
86 (7) The advisory board shall:
87 (a) meet quarterly, if needed; and
88 (b) may not meet more often than quarterly, unless requested by the director of the
89 division.

90 (8) The duties of the advisory board are to make recommendations to the division
91 relating to the website, including:
92 (a) the design and functionality of the website;
93 (b) proposed rules relating to the website; and
94 (c) records that should be required or permitted to be posted on the website.
95 Section 3. Section 63G-2-1001 is enacted to read:
96 Part 10. Utah Public Records Website
97 63G-2-1001. Title.
98 This part is known as "Utah Public Records Website."
99 Section 4. Section 63G-2-1002 is enacted to read:
100 63G-2-1002. Definitions.
101 As used in this part:
102 (1) "Advisory board" means the Utah Public Records Website Advisory Board, created
103 in Section 63A-12-110 .
104 (2) "Department" means the Department of Technology Services.
105 (3) "Division" means the Division of Archives and Records Services.
106 (4) "Meeting" is as defined in Section 52-4-103 .
107 (5) "Public body" is as defined in Section 52-4-103 .
107a H. (6) "Restricted information" means:
107b (a) a private, protected, or controlled record;
107c (b) private, protected, or controlled information;
107d (c) a record or information that is protected from release by state law;
107e (d) a record or information that is protected from release by federal law or rule;
107f (e) a medical record; or
107g (f) medical information;
108 [ (6) ] (7) .H "Website" means the Utah Public Records Website created under Section
109 63G-2-1003 .
110 Section 5. Section 63G-2-1003 is enacted to read:
111 63G-2-1003. Utah Public Records Website.
112 (1) The division shall, with the assistance of the department, establish and maintain the
113 Utah Public Records Website.
114 (2) The purpose of the website is to function as a central repository of public records,
115 of all government entities, as required by this part or by rule made under this part.
116 (3) Except as provided in Subsection (5)(b), (c), or (d), or by rule made under

117 Subsection 63G-2-1004 (1)(b), on or after July 1, 2012, a government entity may, and beginning
118 on July 1, 2013, a government entity shall, post on the website all of the following records of
119 the government entity:
120 (a) ordinances;

121 (b) rules adopted by the governing body of a government entity H. , unless the rules are
121a posted on the website described in Subsection (6)(d) .H ;
122 (c) policies adopted by the governing body of a government entity;
123 (d) statutorily required reports that do not contain H. [ information that is private,
123a protected,
124 or controlled ] restricted information .H ;
125 (e) manuals that do not contain H. [ information that is private, protected, or controlled ]
125a restricted information .H ;
126 (f) feasibility studies;
127 (g) approved minutes and agendas of public meetings;
128 (h) records circulated at all public portions of meetings;
129 (i) resolutions for the issuing of bonds or other obligations;
130 (j) except as provided in Subsection (4), records provided in response to a public
131 records request made under this chapter;
132 (k) a record described in Subsection 63G-2-301 H. [ (1)(c) ] (3) .H that contains
132a information to
133 which access may be restricted under Subsection 63G-2-201 (3)(b) or Section 63G-2-302 ,
134 63G-2-304 , or 63G-2-305 , if the information to which access may be restricted is already
135 redacted from the record; and
136 (l) any other record series designated by the division under Section 63G-2-1004 .
137 (4) A government entity is not required to post records described in Subsection (3)(j)
138 if:
139 (a) (i) the records provided contain H. restricted .H information H. [ that is private,
139a protected, or controlled ] .H ;
140 and
141 (ii) the H. restricted .H information H. [ described in Subsection (4)(a)(i) ] .H is
141a provided to the requestor,
142 because the person has an interest in the information that:
143 (A) is not held by the general public; or
144 (B) is not held by the general public to the extent that it is held by the requestor; or
145 (b) posting the records on the website would be unduly burdensome based on the
146 format of the records or the expense required to post the records.
147 (5) (a) A record posted on the website:
148 (i) shall, to the extent possible, be posted in the original format of the record; or
149 (ii) if not posted in the original format of the record, may, to the extent possible, be
150 posted in another format, approved by the division, that may be viewed and searched with
151 software that is widely available to the public free of charge.

152 (b) A government entity is not required to post a record on the website if the record is
153 posted on a website described in Subsection (6)(a) or (b).
154 (c) A government entity is not required to post a record or an archived streaming file
155 on the website, or provide live streaming through the website, if:
156 (i) the government entity posts all records and archived streaming files, that the
157 government entity is otherwise required to post on the website, on its own website;
158 (ii) the government entity provides all live streaming, that the government entity is
159 otherwise required to provide through the website, on its own website; and
160 (iii) the government entity's website has the capability of searching for documents on
161 its website.
162 (d) The division may, upon written request by a government entity, grant a temporary
163 or limited exception to the government entity to a requirement of this part or a rule made under
164 this part, if the exception is:
165 (i) necessary to avoid undue hardship to the government entity;
166 (ii) necessary to allow the government entity time to obtain or implement technology to
167 comply with the requirement; or
168 (iii) otherwise necessary, as determined by the division.
169 (6) The website shall contain conspicuous links on the home page of the website to:
170 (a) the Utah Public Notice Website created in Section 63F-1-701 ;
171 (b) the Utah Public Finance Website, created in Section 63A-3-402 ;
172 (c) the open government resources page of the official website of the state executive
173 branch; H. [ and ]
173a (d) the website of the Division of Administrative Rules; and
174 [ (d) ] (e) .H a page that contains links to:
175 (i) the official website of the Utah State Legislature;
176 (ii) the Utah data page of the official website of the state executive branch;
177 (iii) the Utah State Courts website;
178 (iv) the public legal notice website described in Section 45-1-101 ; and
179 (v) the websites of all government entities in Utah.
180 (7) The Department of Technology Services shall ensure that the website:
181 (a) is available and functioning:
182 (i) on or before July 1, 2012, to allow the public to listen to or view archived streaming

183 audio files and, where available, video files, that are uploaded to the website by a public body:
184 (A) voluntarily;
185 (B) as required under Subsection (8)(b); or
186 (C) as required by rule made under Section 63G-2-1004 ; and
187 (ii) on or before July 1, 2013, to allow the public to listen to or view live streaming
188 audio feeds and, where available, video feeds, of a public body through the website; and
189 (b) has an application programming interface that:
190 (i) allows other websites to link to records that are available on the website; and
191 (ii) to the extent practicable, allows other applications to make use of metadata in
192 records that are available on the website.
193 (8) (a) Beginning on July 1, 2012, a public body may upload to the website, archived
194 streaming audio or video files of the public portion of some or all meetings of the public body.
195 (b) Beginning on July 1, 2013:
196 (i) A county of the first or second class shall:
197 (A) provide live streaming audio or video, through the website, of the public portion of
198 all meetings of all public bodies of the county; and
199 (B) upload to the website archived streaming audio or video files of the public portion
200 of all meetings of all public bodies of the county that are held on or after July 1, 2013;
201 (ii) A city of the first or second class shall:
202 (A) provide live streaming audio or video, through the website, of the public portion of
203 all meetings of all public bodies of the city; and
204 (B) upload to the website archived streaming audio or video files of the public portion
205 of all meetings of all public bodies of the city that are held on or after July 1, 2013;
206 (iii) the State School Board shall:
207 (A) provide live streaming audio or video, through the website, of the public portion of
208 all meetings of the board; and
209 (B) upload to the website archived streaming audio or video files of the public portion
210 of all meetings of the board that are held on or after July 1, 2013;
211 (iv) a local school board shall:
212 (A) provide live streaming audio or video, through the website, of the public portion of
213 all meetings of the board; and

214 (B) upload to the website archived streaming audio or video files of the public portion
215 of all meetings of the board that are held on or after July 1, 2013; and
216 (v) a public body, other than a public body described in Subsections (8)(b)(i) through
217 (iv), may post archived streaming audio or video files on, or provide live streaming audio or
218 video files through, the website of the public portion of some or all of the meetings of the
219 public body, unless the division, by rule, makes it mandatory for the public body to post the
220 audio or video files on, or provide the live streaming audio or video through, the website.
221 (9) The division shall establish, by rule, a retention schedule that specifies when a
222 record is permitted to be removed from the website.
223 (10) (a) A government entity is not required to post a record on the website if the
224 record was created before the later of:
225 (i) July 1, 2013; or
226 (ii) the day on which the government entity is required to post the record on the
227 website.
228 (b) Notwithstanding Subsection (10)(a), a government entity is required to post on the
229 website, the most current version of a record described in Subsections (3)(a) through (c).
230 (11) Nothing in this part is intended to require a government entity to post H. [ a private,
231 protected, or controlled record ] restricted information .H on the website.
232 (12) The posting, by a government entity, of a record on the website qualifies as
233 retention of the record by the government entity for the period of time during which the record
234 is posted on the website.
235 (13) This part does not apply to a government entity with an annual budget of less than
236 $1,000,000, except to the extent that this limitation amount is reduced by the division, by rule,
237 after consultation with the advisory board.
238 (14) The division or the Department of Technology Services may assist a government
239 entity to come into compliance with the requirements of this part or a rule made under this part.
240 Section 6. Section 63G-2-1004 is enacted to read:
241 63G-2-1004. Rulemaking authority of division.
242 (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
243 Administrative Rulemaking Act, that:
244 (a) establish procedures and related requirements for posting information on the

245 website;
246 (b) establish a time frame for differing types and sizes of government entities to come
247 into full compliance with the requirements of this part and rules made under this part; and
248 (c) designate records series, in addition to the records series described in Subsections
249 63G-2-1003 (3)(a) through (k), that are clearly public in nature, as a record series that is
250 required to be posted on the website by a government entity.
251 (2) The division may, by rule, require a government entity to post land use plans on the
252 website, including development plans, zoning plans, and comprehensive plans.
253 (3) The division may not make rules that require a government entity to post H. [ a private,
254 protected, or controlled record ] restricted information .H on the website.
255 (4) The division shall present all proposed rules made under this part to the
256 Administrative Rules Review Committee, created in Section 63G-3-501 .
256a H. Section 7. Section 63G-2-1005 is enacted to read:
256b 63G-2-1005. Limitations on posting.
256c Notwithstanding any provision of this part, or rules made under this part, a
256d government entity is not required to, and may not be required to:
256e (1) redact restricted information from a record in order to require the record to be, or
256f make the record eligible to be, posted on the website; or
256g (2) post a record on the website that contains restricted information. .H




Legislative Review Note
as of 2-21-12 11:19 AM

Office of Legislative Research and General Counsel