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:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 20A-11-1205, as last amended by Laws of Utah 2017, Chapter 68
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), as determined by the records officer,
48 constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
49 63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
50 applicability of Subsection 63G-2-103(22)(b)(i).