Senator Karen Mayne proposes the following substitute bill:


1     
PUBLIC TRANSIT DISTRICT AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Jeremy A. Peterson

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions relating to public transit districts.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "large public transit district" for purposes of open meetings provisions and
13     government records provisions;
14          ▸     adds a subcommittee of the board of trustees of a large public transit district to the
15     definition of "public body," for purposes of open meetings laws;
16          ▸     requires a four-fifths vote of the board of trustees or a subcommittee of the board of
17     trustees of a large public transit district in order to close an open meeting;
18          ▸     requires a court to award reasonable attorney fees and court costs to a successful
19     plaintiff in an action against a large public transit district with respect to open
20     meetings law violations;
21          ▸     eliminates an appeal to the chief administrative officer if the appeal is of a large
22     public transit district's denial of a record request;
23          ▸     requires the state records committee to give precedence to an appeal from a large
24     public transit district's denial of a record request;
25          ▸     requires de novo review by the state records committee of an appeal from a large

26     public transit district's denial of a record request and establishes a standard of review for
27     deciding the appeal;
28          ▸     requires the state records committee to award reasonable attorney fees and costs to a
29     successful appellant who appeals a large public transit district's denial of a record
30     request;
31          ▸     modifies the basis upon which a court reviews a records committee order and
32     establishes a standard of review for a records committee order that does not uphold
33     a large public transit district's access denial;
34          ▸     eliminates a large public transit district's authority to adopt an ordinance or policy
35     relating to large public transit district records and makes large public transit districts
36     subject to the state code; and
37          ▸     eliminates a large public transit district's authority to establish its own appeals
38     process relating to record requests.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          None
43     Utah Code Sections Affected:
44     AMENDS:
45          52-4-103, as last amended by Laws of Utah 2016, Chapter 77
46          52-4-204, as last amended by Laws of Utah 2013, Chapter 426
47          52-4-303, as last amended by Laws of Utah 2006, Chapter 263 and renumbered and
48     amended by Laws of Utah 2006, Chapter 14
49          52-4-304, as last amended by Laws of Utah 2008, Chapter 382
50          63G-2-103, as last amended by Laws of Utah 2015, Chapter 265
51          63G-2-400.5, as enacted by Laws of Utah 2015, Chapter 335
52          63G-2-401, as last amended by Laws of Utah 2015, Chapter 335
53          63G-2-403, as last amended by Laws of Utah 2015, Chapter 335
54          63G-2-404, as last amended by Laws of Utah 2015, Chapter 335
55          63G-2-701, as last amended by Laws of Utah 2015, Chapter 335
56     


57     Be it enacted by the Legislature of the state of Utah:
58          Section 1. Section 52-4-103 is amended to read:
59          52-4-103. Definitions.
60          As used in this chapter:
61          (1) "Anchor location" means the physical location from which:
62          (a) an electronic meeting originates; or
63          (b) the participants are connected.
64          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
65     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
66     City.
67          (3) "Convening" means the calling together of a public body by a person authorized to
68     do so for the express purpose of discussing or acting upon a subject over which that public
69     body has jurisdiction or advisory power.
70          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
71     conference using electronic communications.
72          (5) "Electronic message" means a communication transmitted electronically, including:
73          (a) electronic mail;
74          (b) instant messaging;
75          (c) electronic chat;
76          (d) text messaging as defined in Section 76-4-401; or
77          (e) any other method that conveys a message or facilitates communication
78     electronically.
79          (6) "Large public transit district" means a public transit district under Title 17B,
80     Chapter 2a, Part 8, Public Transit District Act, that has more than 200,000 people residing
81     within the boundary of the public transit district.
82          [(6)] (7) (a) "Meeting" means the convening of a public body or a specified body, with
83     a quorum present, including a workshop or an executive session, whether in person or by
84     means of electronic communications, for the purpose of discussing, receiving comments from
85     the public about, or acting upon a matter over which the public body or specific body has
86     jurisdiction or advisory power.
87          (b) "Meeting" does not mean:

88          (i) a chance gathering or social gathering; or
89          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
90     accordance with Section 59-1-405.
91          (c) "Meeting" does not mean the convening of a public body that has both legislative
92     and executive responsibilities if:
93          (i) no public funds are appropriated for expenditure during the time the public body is
94     convened; and
95          (ii) the public body is convened solely for the discussion or implementation of
96     administrative or operational matters:
97          (A) for which no formal action by the public body is required; or
98          (B) that would not come before the public body for discussion or action.
99          [(7)] (8) "Monitor" means to hear or observe, live, by audio or video equipment, all of
100     the public statements of each member of the public body who is participating in a meeting.
101          [(8)] (9) "Participate" means the ability to communicate with all of the members of a
102     public body, either verbally or electronically, so that each member of the public body can hear
103     or observe the communication.
104          [(9)] (10) (a) "Public body" means:
105          (i) any administrative, advisory, executive, or legislative body of the state or [its] the
106     state's political subdivisions that:
107          [(i)] (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
108          [(ii)] (B) consists of two or more persons;
109          [(iii)] (C) expends, disburses, or is supported in whole or in part by tax revenue; and
110          [(iv)] (D) is vested with the authority to make decisions regarding the public's
111     business[.]; or
112          (ii) a subcommittee of the board of trustees of a large public transit district.
113          (b) "Public body" includes, as defined in Section 11-13-103, an interlocal entity or joint
114     or cooperative undertaking.
115          (c) "Public body" does not include a:
116          (i) political party, political group, or political caucus;
117          (ii) conference committee, rules committee, or sifting committee of the Legislature; or
118          (iii) school community council or charter trust land council as defined in Section

119     53A-1a-108.1.
120          [(10)] (11) "Public statement" means a statement made in the ordinary course of
121     business of the public body with the intent that all other members of the public body receive it.
122          [(11)] (12) (a) "Quorum" means a simple majority of the membership of a public body,
123     unless otherwise defined by applicable law.
124          (b) "Quorum" does not include a meeting of two elected officials by themselves when
125     no action, either formal or informal, is taken on a subject over which these elected officials
126     have advisory power.
127          [(12)] (13) "Recording" means an audio, or an audio and video, record of the
128     proceedings of a meeting that can be used to review the proceedings of the meeting.
129          [(13)] (14) "Specified body":
130          (a) means an administrative, advisory, executive, or legislative body that:
131          (i) is not a public body;
132          (ii) consists of three or more members; and
133          (iii) includes at least one member who is:
134          (A) a legislator; and
135          (B) officially appointed to the body by the president of the Senate, speaker of the
136     House of Representatives, or governor; and
137          (b) does not include a body listed in Subsection [(9)] (10)(c)(ii).
138          [(14)] (15) "Transmit" means to send, convey, or communicate an electronic message
139     by electronic means.
140          Section 2. Section 52-4-204 is amended to read:
141          52-4-204. Closed meeting held upon vote of members -- Business -- Reasons for
142     meeting recorded.
143          (1) A closed meeting may be held if:
144          (a) (i) a quorum is present;
145          (ii) the meeting is an open meeting for which notice has been given under Section
146     52-4-202; and
147          (iii) (A) two-thirds of the members of the public body present at the open meeting vote
148     to approve closing the meeting;
149          (B) for a meeting that is required to be closed under Section 52-4-205, if a majority of

150     the members of the public body present at an open meeting vote to approve closing the
151     meeting;
152          (C) for an ethics committee of the Legislature that is conducting an open meeting for
153     the purpose of reviewing an ethics complaint, a majority of the members present vote to
154     approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
155     evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
156     complaint; [or]
157          (D) for the Political Subdivisions Ethics Review Commission established in Section
158     11-49-201 that is conducting an open meeting for the purpose of reviewing an ethics complaint
159     in accordance with Section 11-49-701, a majority of the members present vote to approve
160     closing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary,
161     or procedural matters, or for conducting deliberations to reach a decision on the complaint; or
162          (E) for a meeting of the board of trustees or a subcommittee of the board of trustees of
163     a large public transit district, four-fifths of the members of the board of trustees or
164     subcommittee, respectively, present at an open meeting vote to approve closing the meeting; or
165          (b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
166     convened for the purpose of conducting business relating to the receipt or review of an ethics
167     complaint, provided that public notice of the closed meeting is given under Section 52-4-202,
168     with the agenda for the meeting stating that the meeting will be closed for the purpose of
169     "conducting business relating to the receipt or review of ethics complaints";
170          (ii) for the Political Subdivisions Ethics Review Commission established in Section
171     11-49-201, the closed meeting is convened for the purpose of conducting business relating to
172     the preliminary review of an ethics complaint in accordance with Section 11-49-602, provided
173     that public notice of the closed meeting is given under Section 52-4-202, with the agenda for
174     the meeting stating that the meeting will be closed for the purpose of "conducting business
175     relating to the review of ethics complaints"; or
176          (iii) for the Independent Executive Branch Ethics Commission created in Section
177     63A-14-202, the closed meeting is convened for the purpose of conducting business relating to
178     an ethics complaint, provided that public notice of the closed meeting is given under Section
179     52-4-202, with the agenda for the meeting stating that the meeting will be closed for the
180     purpose of "conducting business relating to an ethics complaint."

181          (2) A closed meeting is not allowed unless each matter discussed in the closed meeting
182     is permitted under Section 52-4-205.
183          (3) An ordinance, resolution, rule, regulation, contract, or appointment may not be
184     approved at a closed meeting.
185          (4) The following information shall be publicly announced and entered on the minutes
186     of the open meeting at which the closed meeting was approved:
187          (a) the reason or reasons for holding the closed meeting;
188          (b) the location where the closed meeting will be held; and
189          (c) the vote by name, of each member of the public body, either for or against the
190     motion to hold the closed meeting.
191          (5) Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be
192     construed to require any meeting to be closed to the public.
193          Section 3. Section 52-4-303 is amended to read:
194          52-4-303. Enforcement of chapter -- Suit to compel compliance.
195          (1) The attorney general and county attorneys of the state shall enforce this chapter.
196          (2) The attorney general shall, on at least a yearly basis, provide notice to all public
197     bodies that are subject to this chapter of any material changes to the requirements for the
198     conduct of meetings under this chapter.
199          (3) A person denied any right under this chapter may commence suit in a court of
200     competent jurisdiction to:
201          (a) compel compliance with or enjoin violations of this chapter; or
202          (b) determine the chapter's applicability to discussions or decisions of a public body.
203          (4) (a) The court may award reasonable attorney fees and court costs to a successful
204     plaintiff.
205          (b) In an action under this section against a large public transit district, the court shall
206     award reasonable attorney fees and court costs to a successful plaintiff.
207          Section 4. Section 52-4-304 is amended to read:
208          52-4-304. Action challenging closed meeting.
209          (1) Notwithstanding the procedure established under Subsection 63G-2-202(7), in any
210     action brought under the authority of this chapter to challenge the legality of a closed meeting
211     held by a public body, the court shall:

212          (a) review the recording or written minutes of the closed meeting in camera; and
213          (b) decide the legality of the closed meeting.
214          (2) (a) If the judge determines that the public body did not violate Section 52-4-204,
215     52-4-205, or 52-4-206 regarding closed meetings, the judge shall dismiss the case without
216     disclosing or revealing any information from the recording or minutes of the closed meeting.
217          (b) If the judge determines that the public body violated Section 52-4-204, 52-4-205, or
218     52-4-206 regarding closed meetings, the judge shall:
219          (i) publicly disclose or reveal from the recording or minutes of the closed meeting all
220     information about the portion of the meeting that was illegally closed[.]; and
221          (ii) award the plaintiff reasonable attorney fees and court costs, if the action was
222     brought to challenge the legality of a closed meeting held by the board of trustees or a
223     subcommittee of the board of trustees of a large public transit district.
224          Section 5. Section 63G-2-103 is amended to read:
225          63G-2-103. Definitions.
226          As used in this chapter:
227          (1) "Audit" means:
228          (a) a systematic examination of financial, management, program, and related records
229     for the purpose of determining the fair presentation of financial statements, adequacy of
230     internal controls, or compliance with laws and regulations; or
231          (b) a systematic examination of program procedures and operations for the purpose of
232     determining their effectiveness, economy, efficiency, and compliance with statutes and
233     regulations.
234          (2) "Chronological logs" mean the regular and customary summary records of law
235     enforcement agencies and other public safety agencies that show:
236          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
237     and
238          (b) any arrests or jail bookings made by the agency.
239          (3) "Classification," "classify," and their derivative forms mean determining whether a
240     record series, record, or information within a record is public, private, controlled, protected, or
241     exempt from disclosure under Subsection 63G-2-201(3)(b).
242          (4) (a) "Computer program" means:

243          (i) a series of instructions or statements that permit the functioning of a computer
244     system in a manner designed to provide storage, retrieval, and manipulation of data from the
245     computer system; and
246          (ii) any associated documentation and source material that explain how to operate the
247     computer program.
248          (b) "Computer program" does not mean:
249          (i) the original data, including numbers, text, voice, graphics, and images;
250          (ii) analysis, compilation, and other manipulated forms of the original data produced by
251     use of the program; or
252          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
253     algorithms contained in the program, that would be used if the manipulated forms of the
254     original data were to be produced manually.
255          (5) (a) "Contractor" means:
256          (i) any person who contracts with a governmental entity to provide goods or services
257     directly to a governmental entity; or
258          (ii) any private, nonprofit organization that receives funds from a governmental entity.
259          (b) "Contractor" does not mean a private provider.
260          (6) "Controlled record" means a record containing data on individuals that is controlled
261     as provided by Section 63G-2-304.
262          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
263     governmental entity's familiarity with a record series or based on a governmental entity's
264     review of a reasonable sample of a record series, the primary classification that a majority of
265     records in a record series would be given if classified and the classification that other records
266     typically present in the record series would be given if classified.
267          (8) "Elected official" means each person elected to a state office, county office,
268     municipal office, school board or school district office, local district office, or special service
269     district office, but does not include judges.
270          (9) "Explosive" means a chemical compound, device, or mixture:
271          (a) commonly used or intended for the purpose of producing an explosion; and
272          (b) that contains oxidizing or combustive units or other ingredients in proportions,
273     quantities, or packing so that:

274          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
275     compound or mixture may cause a sudden generation of highly heated gases; and
276          (ii) the resultant gaseous pressures are capable of:
277          (A) producing destructive effects on contiguous objects; or
278          (B) causing death or serious bodily injury.
279          (10) "Government audit agency" means any governmental entity that conducts an audit.
280          (11) (a) "Governmental entity" means:
281          (i) executive department agencies of the state, the offices of the governor, lieutenant
282     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
283     the Board of Examiners, the National Guard, the Career Service Review Office, the State
284     Board of Education, the State Board of Regents, and the State Archives;
285          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
286     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
287     committees, except any political party, group, caucus, or rules or sifting committee of the
288     Legislature;
289          (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
290     administrative units in the judicial branch;
291          (iv) any state-funded institution of higher education or public education; or
292          (v) any political subdivision of the state, but, if a political subdivision has adopted an
293     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
294     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
295     as specified in any other section of this chapter that specifically refers to political subdivisions.
296          (b) "Governmental entity" also means:
297          (i) every office, agency, board, bureau, committee, department, advisory board, or
298     commission of an entity listed in Subsection (11)(a) that is funded or established by the
299     government to carry out the public's business; and
300          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
301     undertaking.
302          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
303     in Section 53B-8a-103.
304          (12) "Gross compensation" means every form of remuneration payable for a given

305     period to an individual for services provided including salaries, commissions, vacation pay,
306     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
307     similar benefit received from the individual's employer.
308          (13) "Individual" means a human being.
309          (14) (a) "Initial contact report" means an initial written or recorded report, however
310     titled, prepared by peace officers engaged in public patrol or response duties describing official
311     actions initially taken in response to either a public complaint about or the discovery of an
312     apparent violation of law, which report may describe:
313          (i) the date, time, location, and nature of the complaint, the incident, or offense;
314          (ii) names of victims;
315          (iii) the nature or general scope of the agency's initial actions taken in response to the
316     incident;
317          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
318          (v) the name, address, and other identifying information about any person arrested or
319     charged in connection with the incident; or
320          (vi) the identity of the public safety personnel, except undercover personnel, or
321     prosecuting attorney involved in responding to the initial incident.
322          (b) Initial contact reports do not include follow-up or investigative reports prepared
323     after the initial contact report. However, if the information specified in Subsection (14)(a)
324     appears in follow-up or investigative reports, it may only be treated confidentially if it is
325     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
326          (15) "Large public transit district" means a public transit district under Title 17B,
327     Chapter 2a, Part 8, Public Transit District Act, that has more than 200,000 people residing
328     within the boundary of the public transit district.
329          [(15)] (16) "Legislative body" means the Legislature.
330          [(16)] (17) "Notice of compliance" means a statement confirming that a governmental
331     entity has complied with a records committee order.
332          [(17)] (18) "Person" means:
333          (a) an individual;
334          (b) a nonprofit or profit corporation;
335          (c) a partnership;

336          (d) a sole proprietorship;
337          (e) other type of business organization; or
338          (f) any combination acting in concert with one another.
339          [(18)] (19) "Private provider" means any person who contracts with a governmental
340     entity to provide services directly to the public.
341          [(19)] (20) "Private record" means a record containing data on individuals that is
342     private as provided by Section 63G-2-302.
343          [(20)] (21) "Protected record" means a record that is classified protected as provided by
344     Section 63G-2-305.
345          [(21)] (22) "Public record" means a record that is not private, controlled, or protected
346     and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
347          [(22)] (23) (a) "Record" means a book, letter, document, paper, map, plan, photograph,
348     film, card, tape, recording, electronic data, or other documentary material regardless of physical
349     form or characteristics:
350          (i) that is prepared, owned, received, or retained by a governmental entity or political
351     subdivision; and
352          (ii) where all of the information in the original is reproducible by photocopy or other
353     mechanical or electronic means.
354          (b) "Record" does not mean:
355          (i) a personal note or personal communication prepared or received by an employee or
356     officer of a governmental entity:
357          (A) in a capacity other than the employee's or officer's governmental capacity; or
358          (B) that is unrelated to the conduct of the public's business;
359          (ii) a temporary draft or similar material prepared for the originator's personal use or
360     prepared by the originator for the personal use of an individual for whom the originator is
361     working;
362          (iii) material that is legally owned by an individual in the individual's private capacity;
363          (iv) material to which access is limited by the laws of copyright or patent unless the
364     copyright or patent is owned by a governmental entity or political subdivision;
365          (v) proprietary software;
366          (vi) junk mail or a commercial publication received by a governmental entity or an

367     official or employee of a governmental entity;
368          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
369     of a library open to the public;
370          (viii) material that is cataloged, indexed, or inventoried and contained in the collections
371     of a library open to the public, regardless of physical form or characteristics of the material;
372          (ix) a daily calendar or other personal note prepared by the originator for the
373     originator's personal use or for the personal use of an individual for whom the originator is
374     working;
375          (x) a computer program that is developed or purchased by or for any governmental
376     entity for its own use;
377          (xi) a note or internal memorandum prepared as part of the deliberative process by:
378          (A) a member of the judiciary;
379          (B) an administrative law judge;
380          (C) a member of the Board of Pardons and Parole; or
381          (D) a member of any other body charged by law with performing a quasi-judicial
382     function;
383          (xii) a telephone number or similar code used to access a mobile communication
384     device that is used by an employee or officer of a governmental entity, provided that the
385     employee or officer of the governmental entity has designated at least one business telephone
386     number that is a public record as provided in Section 63G-2-301;
387          (xiii) information provided by the Public Employees' Benefit and Insurance Program,
388     created in Section 49-20-103, to a county to enable the county to calculate the amount to be
389     paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
390          (xiv) information that an owner of unimproved property provides to a local entity as
391     provided in Section 11-42-205; or
392          (xv) a video or audio recording of an interview, or a transcript of the video or audio
393     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102.
394          [(23)] (24) "Record series" means a group of records that may be treated as a unit for
395     purposes of designation, description, management, or disposition.
396          [(24)] (25) "Records committee" means the State Records Committee created in
397     Section 63G-2-501.

398          [(25)] (26) "Records officer" means the individual appointed by the chief
399     administrative officer of each governmental entity, or the political subdivision to work with
400     state archives in the care, maintenance, scheduling, designation, classification, disposal, and
401     preservation of records.
402          [(26)] (27) "Schedule," "scheduling," and their derivative forms mean the process of
403     specifying the length of time each record series should be retained by a governmental entity for
404     administrative, legal, fiscal, or historical purposes and when each record series should be
405     transferred to the state archives or destroyed.
406          [(27)] (28) "Sponsored research" means research, training, and other sponsored
407     activities as defined by the federal Executive Office of the President, Office of Management
408     and Budget:
409          (a) conducted:
410          (i) by an institution within the state system of higher education defined in Section
411     53B-1-102; and
412          (ii) through an office responsible for sponsored projects or programs; and
413          (b) funded or otherwise supported by an external:
414          (i) person that is not created or controlled by the institution within the state system of
415     higher education; or
416          (ii) federal, state, or local governmental entity.
417          [(28)] (29) "State archives" means the Division of Archives and Records Service
418     created in Section 63A-12-101.
419          [(29)] (30) "State archivist" means the director of the state archives.
420          [(30)] (31) "Summary data" means statistical records and compilations that contain
421     data derived from private, controlled, or protected information but that do not disclose private,
422     controlled, or protected information.
423          Section 6. Section 63G-2-400.5 is amended to read:
424          63G-2-400.5. Definitions.
425          As used in this part:
426          (1) "Access denial" means a governmental entity's denial, under Subsection
427     63G-2-204(8) or Section 63G-2-205, in whole or in part, of a record request.
428          (2) "Appellate affirmation" means a decision of a chief administrative officer, local

429     appeals board, or records committee affirming an access denial.
430          (3) "Interested party" means a person, other than a requester, who is aggrieved by an
431     access denial or an appellate affirmation, whether or not the person participated in proceedings
432     leading to the access denial or appellate affirmation.
433          (4) "Local appeals board" means an appeals board established by a political subdivision
434     under Subsection 63G-2-701(5)(c).
435          (5) "Record request" means a request for a record under Section 63G-2-204.
436          (6) "Records committee appellant" means:
437          (a) a political subdivision , other than a large public transit district, that seeks to appeal
438     a decision of a local appeals board to the records committee; or
439          (b) a requester or interested party who seeks to appeal to the records committee a
440     decision affirming an access denial.
441          (7) "Requester" means a person who submits a record request to a governmental entity.
442          Section 7. Section 63G-2-401 is amended to read:
443          63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
444     appeal.
445          (1) (a) A requester or interested party may appeal an access denial to the chief
446     administrative officer of the governmental entity by filing a notice of appeal with the chief
447     administrative officer within 30 days after:
448          (i) the governmental entity sends a notice of denial under Section 63G-2-205, if the
449     governmental entity denies a record request under Subsection 63G-2-205(1); or
450          (ii) the record request is considered denied under Subsection 63G-2-204(8), if that
451     subsection applies.
452          (b) If a governmental entity claims extraordinary circumstances and specifies the date
453     when the records will be available under Subsection 63G-2-204(3), and, if the requester
454     believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
455     the requester may appeal the governmental entity's claim of extraordinary circumstances or date
456     for compliance to the chief administrative officer by filing a notice of appeal with the chief
457     administrative officer within 30 days after notification of a claim of extraordinary
458     circumstances by the governmental entity, despite the lack of a "determination" or its
459     equivalent under Subsection 63G-2-204(8).

460          (2) A notice of appeal shall contain:
461          (a) the name, mailing address, and daytime telephone number of the requester or
462     interested party; and
463          (b) the relief sought.
464          (3) The requester or interested party may file a short statement of facts, reasons, and
465     legal authority in support of the appeal.
466          (4) (a) If the appeal involves a record that is the subject of a business confidentiality
467     claim under Section 63G-2-309, the chief administrative officer shall:
468          (i) send notice of the appeal to the business confidentiality claimant within three
469     business days after receiving notice, except that if notice under this section must be given to
470     more than 35 persons, it shall be given as soon as reasonably possible; and
471          (ii) send notice of the business confidentiality claim and the schedule for the chief
472     administrative officer's determination to the requester or interested party within three business
473     days after receiving notice of the appeal.
474          (b) The business confidentiality claimant shall have seven business days after notice is
475     sent by the administrative officer to submit further support for the claim of business
476     confidentiality.
477          (5) (a) The chief administrative officer shall make a decision on the appeal within:
478          (i) five business days after the chief administrative officer's receipt of the notice of
479     appeal; or
480          (ii) 12 business days after the governmental entity sends the notice of appeal to a person
481     who submitted a claim of business confidentiality.
482          (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
483     access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
484     decision affirming the access denial.
485          (ii) If the chief administrative officer fails to make a decision on an appeal under
486     Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
487     a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
488     specified when the records will be available.
489          (c) The provisions of this section notwithstanding, the parties participating in the
490     proceeding may, by agreement, extend the time periods specified in this section.

491          (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
492     upon consideration and weighing of the various interests and public policies pertinent to the
493     classification and disclosure or nondisclosure, order the disclosure of information properly
494     classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
495     the interests favoring access are greater than or equal to the interests favoring restriction of
496     access.
497          (7) (a) The governmental entity shall send written notice of the chief administrative
498     officer's decision to all participants.
499          (b) If the chief administrative officer's decision is to affirm the access denial in whole
500     or in part, the notice under Subsection (7)(a) shall include:
501          (i) a statement that the requester or interested party has the right to appeal the decision,
502     as provided in Section 63G-2-402, to:
503          (A) the records committee or district court; or
504          (B) the local appeals board, if the governmental entity is a political subdivision and the
505     governmental entity has established a local appeals board;
506          (ii) the time limits for filing an appeal; and
507          (iii) the name and business address of:
508          (A) the executive secretary of the records committee; and
509          (B) the individual designated as the contact individual for the appeals board, if the
510     governmental entity is a political subdivision that has established an appeals board under
511     Subsection 63G-2-701(5)(c).
512          (8) A person aggrieved by a governmental entity's classification or designation
513     determination under this chapter, but who is not requesting access to the records, may appeal
514     that determination using the procedures provided in this section. If a nonrequester is the only
515     appellant, the procedures provided in this section shall apply, except that the decision on the
516     appeal shall be made within 30 days after receiving the notice of appeal.
517          (9) The duties of the chief administrative officer under this section may be delegated.
518          (10) A large public transit district's denial, in whole or in part, of a record request is not
519     subject to an appeal to a chief administrative officer, as provided in this section, but may be
520     appealed directly to the records committee, as provided in this part.
521          Section 8. Section 63G-2-403 is amended to read:

522          63G-2-403. Appeals to the records committee.
523          (1) (a) A records committee appellant appeals to the records committee by filing a
524     notice of appeal with the executive secretary of the records committee no later than 30 days
525     after:
526          (i) the date of the access denial, for an appeal from a large public transit district's
527     access denial; or
528          (ii) the date of issuance of the decision being appealed , for any other appeal .
529          (b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
530     executive secretary of the records committee no later than 45 days after the day on which the
531     record request is made if:
532          (i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
533          (ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
534          (2) The notice of appeal shall:
535          (a) contain the name, mailing address, and daytime telephone number of the records
536     committee appellant;
537          (b) be accompanied by a copy of the decision being appealed; and
538          (c) state the relief sought.
539          (3) The records committee appellant:
540          (a) shall, on the day on which the notice of appeal is filed with the records committee,
541     serve a copy of the notice of appeal on:
542          (i) the governmental entity whose access denial is the subject of the appeal, if the
543     records committee appellant is a requester or interested party; or
544          (ii) the requester or interested party who is a party to the local appeals board
545     proceeding that resulted in the decision that the political subdivision is appealing to the records
546     committee, if the records committee appellant is a political subdivision; and
547          (b) may file a short statement of facts, reasons, and legal authority in support of the
548     appeal.
549          (4) (a) Except as provided in Subsections (4)(b) and (c), no later than seven business
550     days after receiving a notice of appeal, the executive secretary of the records committee shall:
551          (i) schedule a hearing for the records committee to discuss the appeal at the next
552     regularly scheduled committee meeting falling at least 16 days after the date the notice of

553     appeal is filed but no longer than 64 calendar days after the date the notice of appeal was filed
554     except that the records committee may schedule an expedited hearing upon application of the
555     records committee appellant and good cause shown;
556          (ii) send a copy of the notice of hearing to the records committee appellant; and
557          (iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
558     to:
559          (A) each member of the records committee;
560          (B) the records officer and the chief administrative officer of the governmental entity
561     whose access denial is the subject of the appeal, if the records committee appellant is a
562     requester or interested party;
563          (C) any person who made a business confidentiality claim under Section 63G-2-309 for
564     a record that is the subject of the appeal; and
565          (D) all persons who participated in the proceedings before the governmental entity's
566     chief administrative officer, if the appeal is of the chief administrative officer's decision
567     affirming an access denial.
568          (b) (i) The executive secretary of the records committee may decline to schedule a
569     hearing if the record series that is the subject of the appeal has been found by the committee in
570     a previous hearing involving the same governmental entity to be appropriately classified as
571     private, controlled, or protected.
572          (ii) (A) If the executive secretary of the records committee declines to schedule a
573     hearing, the executive secretary of the records committee shall send a notice to the records
574     committee appellant indicating that the request for hearing has been denied and the reason for
575     the denial.
576          (B) The committee shall make rules to implement this section as provided by Title
577     63G, Chapter 3, Utah Administrative Rulemaking Act.
578          (c) The executive secretary of the records committee may schedule a hearing on an
579     appeal to the records committee at a regularly scheduled records committee meeting that is
580     later than the period described in Subsection (4)(a)(i) if that records committee meeting is the
581     first regularly scheduled records committee meeting at which there are fewer than 10 appeals
582     scheduled to be heard.
583          (d) The records committee shall give precedence to an appeal from a large public

584     transit district's access denial and schedule a hearing as expeditiously as possible.
585          (5) (a) No later than five business days before the hearing, a governmental entity shall
586     submit to the executive secretary of the records committee a written statement of facts, reasons,
587     and legal authority in support of the governmental entity's position.
588          (b) The governmental entity shall send a copy of the written statement by first class
589     mail, postage prepaid, to the requester or interested party involved in the appeal. The executive
590     secretary shall forward a copy of the written statement to each member of the records
591     committee.
592          (6) (a) No later than 10 business days after the notice of appeal is sent by the executive
593     secretary, a person whose legal interests may be substantially affected by the proceeding may
594     file a request for intervention before the records committee.
595          (b) Any written statement of facts, reasons, and legal authority in support of the
596     intervener's position shall be filed with the request for intervention.
597          (c) The person seeking intervention shall provide copies of the statement described in
598     Subsection (6)(b) to all parties to the proceedings before the records committee.
599          (7) The records committee shall hold a hearing within the period of time described in
600     Subsection (4).
601          (8) At the hearing, the records committee shall allow the parties to testify, present
602     evidence, and comment on the issues. The records committee may allow other interested
603     persons to comment on the issues.
604          (9) (a) (i) The records committee:
605          (A) may review the disputed records; and
606          (B) shall review the disputed records, if the committee is weighing the various interests
607     under Subsection (11).
608          (ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
609          (b) Members of the records committee may not disclose any information or record
610     reviewed by the committee in camera unless the disclosure is otherwise authorized by this
611     chapter.
612          (10) (a) Discovery is prohibited, but the records committee may issue subpoenas or
613     other orders to compel production of necessary evidence.
614          (b) When the subject of a records committee subpoena disobeys or fails to comply with

615     the subpoena, the records committee may file a motion for an order to compel obedience to the
616     subpoena with the district court.
617          (c) (i) The records committee's review shall be de novo, if the appeal is an appeal from
618     a decision of a chief administrative officer:
619          (A) issued under Section 63G-2-401; or
620          (B) issued by a chief administrative officer of a political subdivision that has not
621     established a local appeals board.
622          (ii) For an appeal from a decision of a local appeals board, the records committee shall
623     review and consider the decision of the local appeals board.
624          (iii) For an appeal from a large public transit district's access denial:
625          (A) the records committee's review shall be de novo; and
626          (B) the records committee may not uphold the access denial unless there is specific
627     statutory language, clearly applicable to the contested record, that requires nondisclosure of the
628     record.
629          (11) (a) No later than seven business days after the hearing, the records committee shall
630     issue a signed order:
631          (i) granting the relief sought, in whole or in part; or
632          (ii) upholding the governmental entity's access denial, in whole or in part.
633          (b) Except as provided in Section 63G-2-406, the records committee may, upon
634     consideration and weighing of the various interests and public policies pertinent to the
635     classification and disclosure or nondisclosure, order the disclosure of information properly
636     classified as private, controlled, or protected if the public interest favoring access is greater
637     than or equal to the interest favoring restriction of access.
638          (c) In making a determination under Subsection (11)(b), the records committee shall
639     consider and, where appropriate, limit the requester's or interested party's use and further
640     disclosure of the record in order to protect:
641          (i) privacy interests in the case of a private or controlled record;
642          (ii) business confidentiality interests in the case of a record protected under Subsection
643     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
644          (iii) privacy interests or the public interest in the case of other protected records.
645          (12) The order of the records committee shall include:

646          (a) a statement of reasons for the decision, including citations to this chapter, court rule
647     or order, another state statute, federal statute, or federal regulation that governs disclosure of
648     the record, if the citations do not disclose private, controlled, or protected information;
649          (b) a description of the record or portions of the record to which access was ordered or
650     denied, if the description does not disclose private, controlled, or protected information or
651     information exempt from disclosure under Subsection 63G-2-201(3)(b);
652          (c) a statement that any party to the proceeding before the records committee may
653     appeal the records committee's decision to district court; [and]
654          (d) a brief summary of the appeals process, the time limits for filing an appeal, and a
655     notice that in order to protect its rights on appeal, the party may wish to seek advice from an
656     attorney[.]; and
657          (e) for an appeal of a large public transit district's access denial, an award to the records
658     committee appellant of the records committee appellant's reasonable attorney fees and costs
659     incurred in pursuing the appeal, if the records committee order does not uphold the large public
660     transit district's access denial.
661          (13) If the records committee fails to issue a decision within 73 calendar days of the
662     filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A
663     records committee appellant shall notify the records committee in writing if the records
664     committee appellant considers the appeal denied.
665          (14) (a) A party to a proceeding before the records committee may seek judicial review
666     in district court of a records committee order by filing a petition for review of the records
667     committee order as provided in Section 63G-2-404.
668          (b) A records committee appellant may bring a judicial action in district court seeking
669     enforcement of an award of attorney fees and costs under Subsection (12)(e).
670          (15) (a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party
671     to the proceeding shall comply with the order of the records committee.
672          (b) If a party disagrees with the order of the records committee, that party may file a
673     notice of intent to appeal the order of the records committee.
674          (c) If the records committee orders the governmental entity to produce a record and no
675     appeal is filed, or if, as a result of the appeal, the governmental entity is required to produce a
676     record, the governmental entity shall:

677          (i) produce the record; and
678          (ii) file a notice of compliance with the records committee.
679          (d) (i) If the governmental entity that is ordered to produce a record fails to file a notice
680     of compliance or a notice of intent to appeal, the records committee may do either or both of
681     the following:
682          (A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
683          (B) send written notice of the governmental entity's noncompliance to:
684          (I) the governor for executive branch entities;
685          (II) the Legislative Management Committee for legislative branch entities; and
686          (III) the Judicial Council for judicial branch agencies entities.
687          (ii) In imposing a civil penalty, the records committee shall consider the gravity and
688     circumstances of the violation, including whether the failure to comply was due to neglect or
689     was willful or intentional.
690          Section 9. Section 63G-2-404 is amended to read:
691          63G-2-404. Judicial review.
692          (1) (a) A petition for judicial review of an order or decision, as allowed under this part
693     or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the
694     order or decision.
695          (b) The records committee is a necessary party to a petition for judicial review of a
696     records committee order.
697          (c) The executive secretary of the records committee shall be served with notice of a
698     petition for judicial review of a records committee order, in accordance with the Utah Rules of
699     Civil Procedure.
700          (2) A petition for judicial review is a complaint governed by the Utah Rules of Civil
701     Procedure and shall contain:
702          (a) the petitioner's name and mailing address;
703          (b) a copy of the records committee order from which the appeal is taken, if the
704     petitioner is seeking judicial review of an order of the records committee;
705          (c) the name and mailing address of the governmental entity that issued the initial
706     determination with a copy of that determination;
707          (d) a request for relief specifying the type and extent of relief requested; and

708          (e) a statement of the reasons why the petitioner is entitled to relief.
709          (3) If the [appeal] petition is based on the denial of access to a protected record based
710     on a claim of business confidentiality, the court shall allow the claimant of business
711     confidentiality to provide to the court the reasons for the claim of business confidentiality.
712          (4) All additional pleadings and proceedings in the district court are governed by the
713     Utah Rules of Civil Procedure.
714          (5) The district court may review the disputed records. The review shall be in camera.
715          (6) The court shall:
716          (a) [make its decision] (i) except as provided in Subsection (6)(a)(ii), decide the
717     petition de novo, but, for a petition seeking judicial review of a records committee order, allow
718     introduction of evidence presented to the records committee; and
719          (ii) decide the petition on the record of the records committee, if the petition seeks
720     review of a records committee order that does not uphold a large public transit district's access
721     denial;
722          (b) for a records committee order that does not uphold a large public transit district's
723     access denial, affirm the records committee's decision unless the decision is clearly illegal or
724     arbitrary;
725          [(b)] (c) determine all questions of fact and law without a jury; and
726          [(c)] (d) decide the [issue] petition at the earliest practical opportunity.
727          (7) (a) Except as provided in Section 63G-2-406, the court may, upon consideration
728     and weighing of the various interests and public policies pertinent to the classification and
729     disclosure or nondisclosure, order the disclosure of information properly classified as private,
730     controlled, or protected if the interest favoring access is greater than or equal to the interest
731     favoring restriction of access.
732          (b) The court shall consider and, where appropriate, limit the requester's use and
733     further disclosure of the record in order to protect privacy interests in the case of private or
734     controlled records, business confidentiality interests in the case of records protected under
735     Subsections 63G-2-305(1) and (2), and privacy interests or the public interest in the case of
736     other protected records.
737          Section 10. Section 63G-2-701 is amended to read:
738          63G-2-701. Political subdivisions may adopt ordinances in compliance with

739     chapter -- Appeal process.
740          (1) As used in this section:
741          (a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
742          (b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
743          (c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
744          (2) (a) Each political subdivision , except a large public transit district, may adopt an
745     ordinance or a policy applicable throughout its jurisdiction relating to information practices
746     including classification, designation, access, denials, segregation, appeals, management,
747     retention, and amendment of records.
748          (b) The ordinance or policy shall comply with the criteria set forth in this section.
749          (c) [If any political subdivision does not adopt and maintain an ordinance or policy,
750     then that] A political subdivision is subject to this chapter[.] if:
751          (i) the political subdivision does not adopt and maintain an ordinance or policy; or
752          (ii) the political subdivision is a large public transit district.
753          (d) Notwithstanding the adoption of an ordinance or policy, each political subdivision
754     is subject to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105,
755     63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.
756          (e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed
757     with the state archives no later than 30 days after its effective date.
758          (f) The political subdivision shall also report to the state archives all retention
759     schedules, and all designations and classifications applied to record series maintained by the
760     political subdivision.
761          (g) The report required by Subsection (2)(f) is notification to state archives of the
762     political subdivision's retention schedules, designations, and classifications. The report is not
763     subject to approval by state archives. If state archives determines that a different retention
764     schedule is needed for state purposes, state archives shall notify the political subdivision of the
765     state's retention schedule for the records and shall maintain the records if requested to do so
766     under Subsection 63A-12-105(2).
767          (3) Each ordinance or policy relating to information practices shall:
768          (a) provide standards for the classification and designation of the records of the
769     political subdivision as public, private, controlled, or protected in accordance with Part 3,

770     Classification;
771          (b) require the classification of the records of the political subdivision in accordance
772     with those standards;
773          (c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;
774     and
775          (d) provide standards for the management and retention of the records of the political
776     subdivision comparable to Section 63A-12-103.
777          (4) (a) Each ordinance or policy shall establish access criteria, procedures, and
778     response times for requests to inspect, obtain, or amend records of the political subdivision,
779     and time limits for appeals consistent with this chapter.
780          (b) In establishing response times for access requests and time limits for appeals, the
781     political subdivision may establish reasonable time frames different than those set out in
782     Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the political
783     subdivision are insufficient to meet the requirements of those sections.
784          (5) (a) A political subdivision authorized under Subsection (2) to adopt an ordinance or
785     policy shall establish an appeals process for persons aggrieved by classification, designation, or
786     access decisions.
787          (b) A political subdivision's appeals process shall include a process for a requester or
788     interested party to appeal an access denial to a person designated by the political subdivision as
789     the chief administrative officer for purposes of an appeal under Section 63G-2-401.
790          (c) (i) A political subdivision authorized under Subsection (2) to adopt an ordinance or
791     policy may establish an appeals board to decide an appeal of a decision of the chief
792     administrative officer affirming an access denial.
793          (ii) An appeals board established by a political subdivision shall be composed of three
794     members:
795          (A) one of whom shall be an employee of the political subdivision; and
796          (B) two of whom shall be members of the public, at least one of whom shall have
797     professional experience with requesting or managing records.
798          (iii) If a political subdivision establishes an appeals board, any appeal of a decision of a
799     chief administrative officer shall be made to the appeals board.
800          (iv) If a political subdivision does not establish an appeals board, the political

801     subdivision's appeals process shall provide for an appeal of a chief administrative officer's
802     decision to the records committee, as provided in Section 63G-2-403.
803          (6) (a) A political subdivision or requester may appeal an appeals board decision:
804          (i) to the records committee, as provided in Section 63G-2-403; or
805          (ii) by filing a petition for judicial review with the district court.
806          (b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
807     conduct of the proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.
808          (c) A person who appeals an appeals board decision to the records committee does not
809     lose or waive the right to seek judicial review of the decision of the records committee.
810          (7) Any political subdivision that adopts an ordinance or policy under Subsection (1)
811     shall forward to state archives a copy and summary description of the ordinance or policy.