This document includes House Committee Amendments incorporated into the bill on Mon, Jan 29, 2018 at 11:21 AM by bbryner.
Representative Justin L. Fawson proposes the following substitute bill:


1     
COMMUNICATIONS OF GOVERNMENTAL

2     
ENTITY EMPLOYEES AND OFFICERS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Justin L. Fawson

6     
Senate Sponsor: Daniel Hemmert

7     

8     LONG TITLE
9     General Description:
10          This bill addresses a provision relating to what constitutes a record under the
11     Government Records Access and Management Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that an email, otherwise excluded from the definition of "record," is a
15     "record" if it meets certain criteria.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          20A-11-1205, as last amended by Laws of Utah 2017, Chapter 68
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-11-1205 is amended to read:

26          20A-11-1205. Use of public email for a political purpose.
27          (1) Except as provided in Subsection (5), a person may not send an email using the
28     email of a public entity:
29          (a) for a political purpose;
30          (b) to advocate for or against a ballot proposition; or
31          (c) to solicit a campaign contribution.
32          (2) The applicable election officer shall impose a civil fine against a person who
33     violates Subsection (1) as follows:
34          (a) up to $250 for a first violation; and
35          (b) except as provided in Subsection (3), for each subsequent violation committed after
36     any applicable election officer imposes a fine against the person for a first violation, $1,000
37     multiplied by the number of violations committed by the person.
38          (3) The applicable election officer shall consider a violation of this section as a first
39     violation if the violation is committed more than seven years after the day on which the person
40     last committed a violation of this section.
41          (4) For purposes of this section, one violation means one act of sending an email,
42     regardless of the number of recipients of the email.
43          (5) A person does not violate this section if the lieutenant governor finds that the email
44     described in Subsection (1) was inadvertently sent by the person described in Subsection (1),
45     using the email of a public entity.
46          (6) A violation of this section does not invalidate an otherwise valid election.
47           (7) An email sent in violation of Subsection (1) Ĥ→ , as determined by the records
47a     officer, ←Ĥ constitutes a record, as defined in
48     Section 63G-2-103, that is subject to the provisions of Title 63G, Chapter 2, Government
49     Records Access and Management Act, notwithstanding any applicability of Subsection
50     63G-2-103(22)(b)(i).