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7 LONG TITLE
8 General Description:
9 This bill creates the Records Management Committee and modifies provisions related
10 to the State Records Committee.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the membership and responsibilities of the State Records Committee;
14 ▸ creates the Records Management Committee;
15 ▸ establishes provisions for the administration of the Records Management
16 Committee;
17 ▸ transfers certain duties of the State Records Committee to the Records Management
18 Committee; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 31A-2-207, as last amended by Laws of Utah 2008, Chapter 382
27 35A-4-503, as last amended by Laws of Utah 2008, Chapter 382
28 46-4-501, as last amended by Laws of Utah 2011, Chapter 270
29 63A-12-101, as last amended by Laws of Utah 2010, Chapter 341
30 63A-12-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
31 63A-12-106, as renumbered and amended by Laws of Utah 2008, Chapter 382
32 63A-12-111, as last amended by Laws of Utah 2018, Chapter 81
33 63G-2-103, as amended by Statewide Initiative -- Proposition 4, Nov. 6, 2018
34 63G-2-202, as last amended by Laws of Utah 2018, Chapter 270
35 63G-2-309, as last amended by Laws of Utah 2013, Chapter 445
36 63G-2-400.5, as enacted by Laws of Utah 2015, Chapter 335
37 63G-2-401, as last amended by Laws of Utah 2017, Chapter 435
38 63G-2-402, as last amended by Laws of Utah 2015, Chapter 335
39 63G-2-403, as last amended by Laws of Utah 2018, Chapter 425
40 63G-2-404, as last amended by Laws of Utah 2017, Chapter 435
41 63G-2-501, as last amended by Laws of Utah 2015, Chapter 335
42 63G-2-502, as last amended by Laws of Utah 2018, Chapter 256
43 63G-2-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
44 63G-2-701, as last amended by Laws of Utah 2017, Chapter 435
45 63G-2-801, as last amended by Laws of Utah 2013, Chapter 298
46 ENACTS:
47 63A-12-112, Utah Code Annotated 1953
48 63A-12-113, Utah Code Annotated 1953
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 31A-2-207 is amended to read:
52 31A-2-207. Commissioner's records and reports -- Protection from disclosure of
53 certain records.
54 (1) The commissioner shall maintain all department records that are:
55 (a) required by law;
56 (b) necessary for the effective operation of the department; or
57 (c) necessary to maintain a full record of department activities.
58 (2) The records of the department may be preserved, managed, stored, and made
59 available for review consistent with:
60 (a) another Utah statute;
61 (b) the rules made under Section 63A-12-104;
62 (c) the decisions of the [
63
64 under Section 63A-12-113; or
65 (d) the needs of the public.
66 (3) A department record may not be destroyed, damaged, or disposed of without:
67 (a) authorization of the commissioner; and
68 (b) compliance with all other applicable laws.
69 (4) The commissioner shall maintain a permanent record of the commissioner's
70 proceedings and important activities, including:
71 (a) a concise statement of the condition of each insurer examined by the commissioner;
72 and
73 (b) a record of all certificates of authority and licenses issued by the commissioner.
74 (5) (a) Prior to October 1 of each year, the commissioner shall prepare an annual report
75 to the governor which shall include, for the preceding calendar year, the information
76 concerning the department and the insurance industry which the commissioner believes will be
77 useful to the governor and the public.
78 (b) The report required by this Subsection (5) shall include the information required
79 under Chapter 27a, Insurer Receivership Act, and Subsections 31A-2-106(2), 31A-2-205(3),
80 and 31A-2-208(3).
81 (c) The commissioner shall make the report required by this Subsection (5) available to
82 the public and industry in electronic format.
83 (6) All department records and reports are open to public inspection unless specifically
84 provided otherwise by statute or by Title 63G, Chapter 2, Government Records Access and
85 Management Act.
86 (7) On request, the commissioner shall provide to any person certified or uncertified
87 copies of any record in the department that is open to public inspection.
88 (8) Notwithstanding Subsection (6) and Title 63G, Chapter 2, Government Records
89 Access and Management Act, the commissioner shall protect from disclosure any record, as
90 defined in Section 63G-2-103, or other document received from an insurance regulator of
91 another jurisdiction:
92 (a) at least to the same extent the record or document is protected from disclosure
93 under the laws applicable to the insurance regulator providing the record or document; or
94 (b) under the same terms and conditions of confidentiality as the National Association
95 of Insurance Commissioners requires as a condition of participating in any of the National
96 Association of Insurance Commissioners' programs.
97 Section 2. Section 35A-4-503 is amended to read:
98 35A-4-503. Destruction or disposal of records or reports by division -- Procedure.
99 The division may destroy or dispose of reports or records [
100 properly recorded or summarized in the payment records of the division, or that are [
101 no longer necessary in the proper administration of this chapter in accordance with [
102
103 records retention schedule approved by the Records Management Committee under Section
104 63A-12-113.
105 Section 3. Section 46-4-501 is amended to read:
106 46-4-501. Creation and retention of electronic records and conversion of written
107 records by governmental agencies.
108 (1) A state governmental agency may, by following the procedures and requirements of
109 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that:
110 (a) identify specific transactions that the agency is willing to conduct by electronic
111 means;
112 (b) identify specific transactions that the agency will never conduct by electronic
113 means;
114 (c) specify the manner and format in which electronic records must be created,
115 generated, sent, communicated, received, and stored, and the systems established for those
116 purposes;
117 (d) if law or rule requires that the electronic records must be signed by electronic
118 means, specify the type of electronic signature required, the manner and format in which the
119 electronic signature must be affixed to the electronic record, and the identity of, or criteria that
120 must be met, by any third party used by a person filing a document to facilitate the process;
121 (e) specify control processes and procedures as appropriate to ensure adequate
122 preservation, disposition, integrity, security, confidentiality, and auditability of electronic
123 records; and
124 (f) identify any other required attributes for electronic records that are specified for
125 corresponding nonelectronic records or that are reasonably necessary under the circumstances.
126 (2) A state governmental agency that makes rules under this section shall submit copies
127 of those rules, and any amendments to those rules, to the chief information officer established
128 by Section 63F-1-201.
129 (3) (a) The chief information officer may prepare model rules and standards relating to
130 electronic transactions that encourage and promote consistency and interoperability with
131 similar requirements adopted by other Utah government agencies, other states, the federal
132 government, and nongovernmental persons interacting with Utah governmental agencies.
133 (b) In preparing those model rules and standards, the chief information officer may
134 specify different levels of standards from which governmental agencies may choose in order to
135 implement the most appropriate standard for a particular application.
136 (c) Nothing in this Subsection (3) requires a state agency to use the model rules and
137 standards prepared by the chief information officer when making rules under this section.
138 (4) Except as provided in Subsection 46-4-301(6), nothing in this chapter requires any
139 state governmental agency to:
140 (a) conduct transactions by electronic means; or
141 (b) use or permit the use of electronic records or electronic signatures.
142 (5) Each state governmental agency shall:
143 (a) establish record retention schedules for any electronic records created or received in
144 an electronic transaction according to the standards developed by the Division of Archives
145 under Subsection 63A-12-101(2)(e); and
146 (b) obtain approval of those schedules from the [
147 Management Committee as required by Subsection [
148 Section 4. Section 63A-12-101 is amended to read:
149 63A-12-101. Division of Archives and Records Service created -- Duties.
150 (1) There is created the Division of Archives and Records Service within the
151 Department of Administrative Services.
152 (2) The state archives shall:
153 (a) administer the state's archives and records management programs, including storage
154 of records, central microphotography programs, and quality control;
155 (b) apply fair, efficient, and economical management methods to the collection,
156 creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
157 documents;
158 (c) establish standards, procedures, and techniques for the effective management and
159 physical care of records;
160 (d) conduct surveys of office operations and recommend improvements in current
161 records management practices, including the use of space, equipment, automation, and supplies
162 used in creating, maintaining, storing, and servicing records;
163 (e) establish standards for the preparation of schedules providing for the retention of
164 records of continuing value and for the prompt and orderly disposal of state records no longer
165 possessing sufficient administrative, historical, legal, or fiscal value to warrant further
166 retention;
167 (f) establish, maintain, and operate centralized microphotography lab facilities and
168 quality control for the state;
169 (g) provide staff and support services to the [
170 Committee created in Section 63A-12-112 and the State Records Committee created in Section
171 63G-2-501;
172 (h) develop training programs to assist records officers and other interested officers and
173 employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
174 Government Records Access and Management Act;
175 (i) provide access to public records deposited in the archives;
176 (j) administer and maintain the Utah Public Notice Website established under Section
177 63F-1-701;
178 (k) provide assistance to any governmental entity in administering this chapter and
179 Title 63G, Chapter 2, Government Records Access and Management Act;
180 (l) prepare forms for use by all governmental entities for a person requesting access to
181 a record; and
182 (m) if the department operates the Division of Archives and Records Service as an
183 internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
184 Committee established in Section 63A-1-114:
185 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
186 (ii) other information or analysis requested by the Rate Committee.
187 (3) The state archives may:
188 (a) establish a report and directives management program; and
189 (b) establish a forms management program.
190 (4) The executive director of the Department of Administrative Services may direct the
191 state archives to administer other functions or services consistent with this chapter and Title
192 63G, Chapter 2, Government Records Access and Management Act.
193 Section 5. Section 63A-12-103 is amended to read:
194 63A-12-103. Duties of governmental entities.
195 The chief administrative officer of each governmental entity shall:
196 (1) establish and maintain an active, continuing program for the economical and
197 efficient management of the governmental entity's records as provided by this chapter and Title
198 63G, Chapter 2, Government Records Access and Management Act;
199 (2) appoint one or more records officers who will be trained to work with the state
200 archives in the care, maintenance, scheduling, disposal, classification, designation, access, and
201 preservation of records;
202 (3) ensure that officers and employees of the governmental entity that receive or
203 process records requests receive required training on the procedures and requirements of this
204 chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
205 (4) make and maintain adequate and proper documentation of the organization,
206 functions, policies, decisions, procedures, and essential transactions of the governmental entity
207 designed to furnish information to protect the legal and financial rights of persons directly
208 affected by the entity's activities;
209 (5) submit to the state archivist proposed schedules of records for final approval by the
210 [
211 (6) cooperate with the state archivist in conducting surveys made by the state archivist;
212 (7) comply with rules issued by the Department of Administrative Services as provided
213 by Section 63A-12-104;
214 (8) report to the state archives the designation of record series that it maintains;
215 (9) report to the state archives the classification of each record series that is classified;
216 and
217 (10) establish and report to the state archives retention schedules for objects that the
218 governmental entity determines are not defined as a record under Section 63G-2-103, but that
219 have historical or evidentiary value.
220 Section 6. Section 63A-12-106 is amended to read:
221 63A-12-106. Certified and microphotographed copies.
222 (1) Upon demand, the state archives shall furnish certified copies of a record in [
223 state archives's exclusive custody that is classified public or that is otherwise determined to be
224 public under this chapter by the originating governmental entity, the [
225 Records Committee created in Section 63G-2-501, or a court of law. When certified by the
226 state archivist under the seal of the state archives, [
227 effect as if certified by the originating governmental entity.
228 (2) The state archives may microphotograph records when [
229 determines that microphotography is an efficient and economical way to care, maintain, and
230 preserve the record. A transcript, exemplification, or certified copy of a microphotograph has
231 the same legal force and effect as the original. Upon review and approval of the
232 microphotographed film by the state archivist, the source documents may be destroyed.
233 (3) The state archives may allow another governmental entity to microphotograph
234 records in accordance with standards set by the state archives.
235 Section 7. Section 63A-12-111 is amended to read:
236 63A-12-111. Government records ombudsman.
237 (1) (a) The director of the division shall appoint a government records ombudsman.
238 (b) The government records ombudsman may not be a member of the [
239
240 (2) The government records ombudsman shall:
241 (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
242 Access and Management Act;
243 (b) serve as a resource for a person who is making or responding to a records request or
244 filing an appeal relating to a records request;
245 (c) upon request, attempt to mediate disputes between requestors and responders; and
246 (d) on an annual basis, electronically transmit a written report to the Government
247 Operations Interim Committee on the work performed by the government records ombudsman
248 during the previous year.
249 (3) The government records ombudsman may not testify, or be compelled to testify,
250 before the [
251 another administrative body, or a court regarding a matter that the government records
252 ombudsman provided services in relation to under this section.
253 Section 8. Section 63A-12-112 is enacted to read:
254 63A-12-112. Records Management Committee -- Creation -- Membership --
255 Administration.
256 (1) There is created the Records Management Committee composed of the following
257 seven members:
258 (a) the director of the Division of State History or the director's designee;
259 (b) the director of the Division of Archives and Records Services or the director's
260 designee; and
261 (c) five members appointed by the governor as follows:
262 (i) a member of the Utah State Bar who understands public records keeping under Title
263 63G, Chapter 2, Government Records Access and Management Act;
264 (ii) a member with experience in public finance;
265 (iii) an individual from the private sector whose principal professional responsibilities
266 are to create or manage records;
267 (iv) a member representing political subdivisions, recommended by the Utah League of
268 Cities and Towns; and
269 (v) a member representing the news media.
270 (2) (a) Except as provided in Subsection (2)(b), the governor shall appoint each
271 member to a four-year term.
272 (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
273 or reappointment, adjust the length of committee members' terms to ensure that the terms of
274 members appointed by the governor are staggered so that approximately half of the committee
275 members appointed by the governor are appointed every two years.
276 (c) Each appointed member of the committee is eligible for reappointment for one
277 additional term.
278 (3) When a vacancy occurs in the membership of the committee for any reason, the
279 applicable appointing authority shall appoint a replacement for the unexpired term.
280 (4) A member of the Records Management Committee may not receive compensation
281 or benefits for the member's service on the committee, but may receive per diem and travel
282 expenses in accordance with:
283 (a) Section 63A-3-106;
284 (b) Section 63A-3-107; and
285 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
286 Section 9. Section 63A-12-113 is enacted to read:
287 63A-12-113. Records Management Committee -- Duties.
288 (1) The Records Management Committee shall:
289 (a) appoint a chair from among the committee's members; and
290 (b) review and determine whether to approve each schedule for the retention and
291 disposal of records, including a proposed schedule submitted to the committee under Section
292 63G-2-604, within three months after the day on which the proposed schedule is submitted to
293 the committee.
294 (2) The Records Management Committee may make recommendations to a
295 governmental entity regarding the entity's management of records.
296 (3) Four members of the Records Management Committee are a quorum for the
297 transaction of business.
298 (4) The state archivist shall provide staff and support services for the Records
299 Management Committee.
300 (5) The Office of the Attorney General shall provide counsel to the Records
301 Management Committee.
302 Section 10. Section 63G-2-103 is amended to read:
303 63G-2-103. Definitions.
304 As used in this chapter:
305 (1) "Audit" means:
306 (a) a systematic examination of financial, management, program, and related records
307 for the purpose of determining the fair presentation of financial statements, adequacy of
308 internal controls, or compliance with laws and regulations; or
309 (b) a systematic examination of program procedures and operations for the purpose of
310 determining their effectiveness, economy, efficiency, and compliance with statutes and
311 regulations.
312 (2) "Chronological logs" mean the regular and customary summary records of law
313 enforcement agencies and other public safety agencies that show:
314 (a) the time and general nature of police, fire, and paramedic calls made to the agency;
315 and
316 (b) any arrests or jail bookings made by the agency.
317 (3) "Classification," "classify," and their derivative forms mean determining whether a
318 record series, record, or information within a record is public, private, controlled, protected, or
319 exempt from disclosure under Subsection 63G-2-201(3)(b).
320 (4) (a) "Computer program" means:
321 (i) a series of instructions or statements that permit the functioning of a computer
322 system in a manner designed to provide storage, retrieval, and manipulation of data from the
323 computer system; and
324 (ii) any associated documentation and source material that explain how to operate the
325 computer program.
326 (b) "Computer program" does not mean:
327 (i) the original data, including numbers, text, voice, graphics, and images;
328 (ii) analysis, compilation, and other manipulated forms of the original data produced by
329 use of the program; or
330 (iii) the mathematical or statistical formulas, excluding the underlying mathematical
331 algorithms contained in the program, that would be used if the manipulated forms of the
332 original data were to be produced manually.
333 (5) (a) "Contractor" means:
334 (i) any person who contracts with a governmental entity to provide goods or services
335 directly to a governmental entity; or
336 (ii) any private, nonprofit organization that receives funds from a governmental entity.
337 (b) "Contractor" does not mean a private provider.
338 (6) "Controlled record" means a record containing data on individuals that is controlled
339 as provided by Section 63G-2-304.
340 (7) "Designation," "designate," and their derivative forms mean indicating, based on a
341 governmental entity's familiarity with a record series or based on a governmental entity's
342 review of a reasonable sample of a record series, the primary classification that a majority of
343 records in a record series would be given if classified and the classification that other records
344 typically present in the record series would be given if classified.
345 (8) "Elected official" means each person elected to a state office, county office,
346 municipal office, school board or school district office, local district office, or special service
347 district office, but does not include judges.
348 (9) "Explosive" means a chemical compound, device, or mixture:
349 (a) commonly used or intended for the purpose of producing an explosion; and
350 (b) that contains oxidizing or combustive units or other ingredients in proportions,
351 quantities, or packing so that:
352 (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
353 compound or mixture may cause a sudden generation of highly heated gases; and
354 (ii) the resultant gaseous pressures are capable of:
355 (A) producing destructive effects on contiguous objects; or
356 (B) causing death or serious bodily injury.
357 (10) "Government audit agency" means any governmental entity that conducts an audit.
358 (11) (a) "Governmental entity" means:
359 (i) executive department agencies of the state, the offices of the governor, lieutenant
360 governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
361 the Board of Examiners, the National Guard, the Career Service Review Office, the State
362 Board of Education, the State Board of Regents, and the State Archives;
363 (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
364 Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
365 committees, except any political party, group, caucus, or rules or sifting committee of the
366 Legislature;
367 (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
368 administrative units in the judicial branch;
369 (iv) any state-funded institution of higher education or public education; or
370 (v) any political subdivision of the state, but, if a political subdivision has adopted an
371 ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
372 chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
373 as specified in any other section of this chapter that specifically refers to political subdivisions.
374 (b) "Governmental entity" also means:
375 (i) every office, agency, board, bureau, committee, department, advisory board, or
376 commission of an entity listed in Subsection (11)(a) that is funded or established by the
377 government to carry out the public's business;
378 (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
379 undertaking;
380 (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
381 (iv) an association as defined in Section 53G-7-1101; and
382 (v) the Utah Independent Redistricting Commission.
383 (c) "Governmental entity" does not include the Utah Educational Savings Plan created
384 in Section 53B-8a-103.
385 (12) "Gross compensation" means every form of remuneration payable for a given
386 period to an individual for services provided including salaries, commissions, vacation pay,
387 severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
388 similar benefit received from the individual's employer.
389 (13) "Individual" means a human being.
390 (14) (a) "Initial contact report" means an initial written or recorded report, however
391 titled, prepared by peace officers engaged in public patrol or response duties describing official
392 actions initially taken in response to either a public complaint about or the discovery of an
393 apparent violation of law, which report may describe:
394 (i) the date, time, location, and nature of the complaint, the incident, or offense;
395 (ii) names of victims;
396 (iii) the nature or general scope of the agency's initial actions taken in response to the
397 incident;
398 (iv) the general nature of any injuries or estimate of damages sustained in the incident;
399 (v) the name, address, and other identifying information about any person arrested or
400 charged in connection with the incident; or
401 (vi) the identity of the public safety personnel, except undercover personnel, or
402 prosecuting attorney involved in responding to the initial incident.
403 (b) Initial contact reports do not include follow-up or investigative reports prepared
404 after the initial contact report. However, if the information specified in Subsection (14)(a)
405 appears in follow-up or investigative reports, it may only be treated confidentially if it is
406 private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
407 (15) "Legislative body" means the Legislature.
408 (16) "Notice of compliance" means a statement confirming that a governmental entity
409 has complied with [
410 (17) "Person" means:
411 (a) an individual;
412 (b) a nonprofit or profit corporation;
413 (c) a partnership;
414 (d) a sole proprietorship;
415 (e) other type of business organization; or
416 (f) any combination acting in concert with one another.
417 (18) "Private provider" means any person who contracts with a governmental entity to
418 provide services directly to the public.
419 (19) "Private record" means a record containing data on individuals that is private as
420 provided by Section 63G-2-302.
421 (20) "Protected record" means a record that is classified protected as provided by
422 Section 63G-2-305.
423 (21) "Public record" means a record that is not private, controlled, or protected and that
424 is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
425 (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
426 card, tape, recording, electronic data, or other documentary material regardless of physical form
427 or characteristics:
428 (i) that is prepared, owned, received, or retained by a governmental entity or political
429 subdivision; and
430 (ii) where all of the information in the original is reproducible by photocopy or other
431 mechanical or electronic means.
432 (b) "Record" does not mean:
433 (i) a personal note or personal communication prepared or received by an employee or
434 officer of a governmental entity:
435 (A) in a capacity other than the employee's or officer's governmental capacity; or
436 (B) that is unrelated to the conduct of the public's business;
437 (ii) a temporary draft or similar material prepared for the originator's personal use or
438 prepared by the originator for the personal use of an individual for whom the originator is
439 working;
440 (iii) material that is legally owned by an individual in the individual's private capacity;
441 (iv) material to which access is limited by the laws of copyright or patent unless the
442 copyright or patent is owned by a governmental entity or political subdivision;
443 (v) proprietary software;
444 (vi) junk mail or a commercial publication received by a governmental entity or an
445 official or employee of a governmental entity;
446 (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
447 of a library open to the public;
448 (viii) material that is cataloged, indexed, or inventoried and contained in the collections
449 of a library open to the public, regardless of physical form or characteristics of the material;
450 (ix) a daily calendar or other personal note prepared by the originator for the
451 originator's personal use or for the personal use of an individual for whom the originator is
452 working;
453 (x) a computer program that is developed or purchased by or for any governmental
454 entity for its own use;
455 (xi) a note or internal memorandum prepared as part of the deliberative process by:
456 (A) a member of the judiciary;
457 (B) an administrative law judge;
458 (C) a member of the Board of Pardons and Parole; or
459 (D) a member of any other body, other than an association or appeals panel as defined
460 in Section 53G-7-1101, charged by law with performing a quasi-judicial function;
461 (xii) a telephone number or similar code used to access a mobile communication
462 device that is used by an employee or officer of a governmental entity, provided that the
463 employee or officer of the governmental entity has designated at least one business telephone
464 number that is a public record as provided in Section 63G-2-301;
465 (xiii) information provided by the Public Employees' Benefit and Insurance Program,
466 created in Section 49-20-103, to a county to enable the county to calculate the amount to be
467 paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
468 (xiv) information that an owner of unimproved property provides to a local entity as
469 provided in Section 11-42-205;
470 (xv) a video or audio recording of an interview, or a transcript of the video or audio
471 recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;
472 (xvi) child pornography, as defined by Section 76-5b-103; or
473 (xvii) before final disposition of an ethics complaint occurs, a video or audio recording
474 of the closed portion of a meeting or hearing of:
475 (A) a Senate or House Ethics Committee;
476 (B) the Independent Legislative Ethics Commission;
477 (C) the Independent Executive Branch Ethics Commission, created in Section
478 63A-14-202; or
479 (D) the Political Subdivisions Ethics Review Commission established in Section
480 63A-15-201.
481 (23) "Record series" means a group of records that may be treated as a unit for
482 purposes of designation, description, management, or disposition.
483 [
484
485 [
486 administrative officer of each governmental entity, or the political subdivision to work with
487 state archives in the care, maintenance, scheduling, designation, classification, disposal, and
488 preservation of records.
489 [
490 specifying the length of time each record series should be retained by a governmental entity for
491 administrative, legal, fiscal, or historical purposes and when each record series should be
492 transferred to the state archives or destroyed.
493 [
494 activities as defined by the federal Executive Office of the President, Office of Management
495 and Budget:
496 (a) conducted:
497 (i) by an institution within the state system of higher education defined in Section
498 53B-1-102; and
499 (ii) through an office responsible for sponsored projects or programs; and
500 (b) funded or otherwise supported by an external:
501 (i) person that is not created or controlled by the institution within the state system of
502 higher education; or
503 (ii) federal, state, or local governmental entity.
504 [
505 created in Section 63A-12-101.
506 [
507 (29) "State Records Committee" means the State Records Committee created in
508 Section 63G-2-501.
509 (30) "Summary data" means statistical records and compilations that contain data
510 derived from private, controlled, or protected information but that do not disclose private,
511 controlled, or protected information.
512 Section 11. Section 63G-2-202 is amended to read:
513 63G-2-202. Access to private, controlled, and protected documents.
514 (1) Except as provided in Subsection (11)(a), a governmental entity:
515 (a) shall, upon request, disclose a private record to:
516 (i) the subject of the record;
517 (ii) the parent or legal guardian of an unemancipated minor who is the subject of the
518 record;
519 (iii) the legal guardian of a legally incapacitated individual who is the subject of the
520 record;
521 (iv) any other individual who:
522 (A) has a power of attorney from the subject of the record;
523 (B) submits a notarized release from the subject of the record or the individual's legal
524 representative dated no more than 90 days before the date the request is made; or
525 (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
526 health care provider, as defined in Section 26-33a-102, if releasing the record or information in
527 the record is consistent with normal professional practice and medical ethics; or
528 (v) any person to whom the record must be provided pursuant to:
529 (A) court order as provided in Subsection (7); or
530 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
531 Powers; and
532 (b) may disclose a private record described in Subsection 63G-2-302(1)(j) or (k),
533 without complying with Section 63G-2-206, to another governmental entity for a purpose
534 related to:
535 (i) voter registration; or
536 (ii) the administration of an election.
537 (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
538 (i) a physician, psychologist, certified social worker, insurance provider or producer, or
539 a government public health agency upon submission of:
540 (A) a release from the subject of the record that is dated no more than 90 days prior to
541 the date the request is made; and
542 (B) a signed acknowledgment of the terms of disclosure of controlled information as
543 provided by Subsection (2)(b); and
544 (ii) any person to whom the record must be disclosed pursuant to:
545 (A) a court order as provided in Subsection (7); or
546 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
547 Powers.
548 (b) A person who receives a record from a governmental entity in accordance with
549 Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
550 including the subject of the record.
551 (3) If there is more than one subject of a private or controlled record, the portion of the
552 record that pertains to another subject shall be segregated from the portion that the requester is
553 entitled to inspect.
554 (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
555 entity shall disclose a protected record to:
556 (a) the person that submitted the record;
557 (b) any other individual who:
558 (i) has a power of attorney from all persons, governmental entities, or political
559 subdivisions whose interests were sought to be protected by the protected classification; or
560 (ii) submits a notarized release from all persons, governmental entities, or political
561 subdivisions whose interests were sought to be protected by the protected classification or from
562 their legal representatives dated no more than 90 days prior to the date the request is made;
563 (c) any person to whom the record must be provided pursuant to:
564 (i) a court order as provided in Subsection (7); or
565 (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
566 Powers; or
567 (d) the owner of a mobile home park, subject to the conditions of Subsection
568 41-1a-116(5).
569 (5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
570 private, controlled, or protected record to another governmental entity, political subdivision,
571 state, the United States, or a foreign government only as provided by Section 63G-2-206.
572 (6) Before releasing a private, controlled, or protected record, the governmental entity
573 shall obtain evidence of the requester's identity.
574 (7) A governmental entity shall disclose a record pursuant to the terms of a court order
575 signed by a judge from a court of competent jurisdiction, provided that:
576 (a) the record deals with a matter in controversy over which the court has jurisdiction;
577 (b) the court has considered the merits of the request for access to the record;
578 (c) the court has considered and, where appropriate, limited the requester's use and
579 further disclosure of the record in order to protect:
580 (i) privacy interests in the case of private or controlled records;
581 (ii) business confidentiality interests in the case of records protected under Subsection
582 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
583 (iii) privacy interests or the public interest in the case of other protected records;
584 (d) to the extent the record is properly classified private, controlled, or protected, the
585 interests favoring access, considering limitations thereon, are greater than or equal to the
586 interests favoring restriction of access; and
587 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
588 63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
589 (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
590 authorize disclosure of private or controlled records for research purposes if the governmental
591 entity:
592 (i) determines that the research purpose cannot reasonably be accomplished without
593 use or disclosure of the information to the researcher in individually identifiable form;
594 (ii) determines that:
595 (A) the proposed research is bona fide; and
596 (B) the value of the research is greater than or equal to the infringement upon personal
597 privacy;
598 (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
599 the records; and
600 (B) requires the removal or destruction of the individual identifiers associated with the
601 records as soon as the purpose of the research project has been accomplished;
602 (iv) prohibits the researcher from:
603 (A) disclosing the record in individually identifiable form, except as provided in
604 Subsection (8)(b); or
605 (B) using the record for purposes other than the research approved by the governmental
606 entity; and
607 (v) secures from the researcher a written statement of the researcher's understanding of
608 and agreement to the conditions of this Subsection (8) and the researcher's understanding that
609 violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
610 under Section 63G-2-801.
611 (b) A researcher may disclose a record in individually identifiable form if the record is
612 disclosed for the purpose of auditing or evaluating the research program and no subsequent use
613 or disclosure of the record in individually identifiable form will be made by the auditor or
614 evaluator except as provided by this section.
615 (c) A governmental entity may require indemnification as a condition of permitting
616 research under this Subsection (8).
617 (d) A governmental entity may not disclose or authorize disclosure of a private record
618 for research purposes as described in this Subsection (8) if the private record is a record
619 described in Subsection 63G-2-302(1)(u).
620 (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
621 may disclose to persons other than those specified in this section records that are:
622 (i) private under Section 63G-2-302; or
623 (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
624 business confidentiality has been made under Section 63G-2-309.
625 (b) Under Subsection 63G-2-403(11)(b), the [
626 Committee may require the disclosure to persons other than those specified in this section of
627 records that are:
628 (i) private under Section 63G-2-302;
629 (ii) controlled under Section 63G-2-304; or
630 (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
631 business confidentiality has been made under Section 63G-2-309.
632 (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
633 that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
634 under Section 63G-2-305 to persons other than those specified in this section.
635 (10) A record contained in the Management Information System, created in Section
636 62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
637 disclosed to any person except the person who is alleged in the report to be a perpetrator of
638 abuse, neglect, or dependency.
639 (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
640 disclosed as provided in Subsection (1)(e).
641 (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
642 as provided in Subsection (4)(c) or Section 62A-3-312.
643 (12) (a) A private, protected, or controlled record described in Section 62A-16-301
644 shall be disclosed as required under:
645 (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
646 (ii) Subsections 62A-16-302(1) and (6).
647 (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
648 protected, or controlled.
649 Section 12. Section 63G-2-309 is amended to read:
650 63G-2-309. Confidentiality claims.
651 (1) (a) (i) Any person who provides to a governmental entity a record that the person
652 believes should be protected under Subsection 63G-2-305(1) or (2) or both Subsections
653 63G-2-305(1) and (2) shall provide with the record:
654 (A) a written claim of business confidentiality; and
655 (B) a concise statement of reasons supporting the claim of business confidentiality.
656 (ii) Any of the following who provides to an institution within the state system of
657 higher education defined in Section 53B-1-102 a record that the person or governmental entity
658 believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both Subsections
659 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system of higher
660 education a written claim of business confidentiality in accordance with Section 53B-16-304:
661 (A) a person;
662 (B) a federal governmental entity;
663 (C) a state governmental entity; or
664 (D) a local governmental entity.
665 (b) A person or governmental entity who complies with this Subsection (1) shall be
666 notified by the governmental entity to whom the request for a record is made if:
667 (i) a record claimed to be protected under one of the following is classified public:
668 (A) Subsection 63G-2-305(1);
669 (B) Subsection 63G-2-305(2);
670 (C) Subsection 63G-2-305(40)(a)(ii);
671 (D) Subsection 63G-2-305(40)(a)(vi); or
672 (E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D);
673 or
674 (ii) the governmental entity to whom the request for a record is made determines that
675 the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be
676 released after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).
677 (2) (a) Except as provided in Subsection (2)(b) or by court order, the governmental
678 entity to whom the request for a record is made may not disclose a record claimed to be
679 protected under a provision listed in Subsection (1)(b)(i) but which the governmental entity or
680 [
681 in which to bring an appeal expires or the end of the appeals process, including judicial appeal.
682 (b) [
683 the claim by not appealing or intervening before the [
684 Committee.
685 (3) Disclosure or acquisition of information under this chapter does not constitute
686 misappropriation under Subsection 13-24-2(2).
687 Section 13. Section 63G-2-400.5 is amended to read:
688 63G-2-400.5. Definitions.
689 As used in this part:
690 (1) "Access denial" means a governmental entity's denial, under Subsection
691 63G-2-204(8) or Section 63G-2-205, in whole or in part, of a record request.
692 (2) "Appellate affirmation" means a decision of a chief administrative officer, local
693 appeals board, or [
694 (3) "Interested party" means a person, other than a requester, who is aggrieved by an
695 access denial or an appellate affirmation, whether or not the person participated in proceedings
696 leading to the access denial or appellate affirmation.
697 (4) "Local appeals board" means an appeals board established by a political subdivision
698 under Subsection 63G-2-701(5)(c).
699 (5) "Record request" means a request for a record under Section 63G-2-204.
700 (6) "Records committee appellant" means:
701 (a) a political subdivision that seeks to appeal a decision of a local appeals board to the
702 [
703 (b) a requester or interested party who seeks to appeal to the [
704 Records Committee a decision affirming an access denial.
705 (7) "Requester" means a person who submits a record request to a governmental entity.
706 Section 14. Section 63G-2-401 is amended to read:
707 63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
708 appeal.
709 (1) (a) A requester or interested party may appeal an access denial to the chief
710 administrative officer of the governmental entity by filing a notice of appeal with the chief
711 administrative officer within 30 days after:
712 (i) the governmental entity sends a notice of denial under Section 63G-2-205, if the
713 governmental entity denies a record request under Subsection 63G-2-205(1); or
714 (ii) the record request is considered denied under Subsection 63G-2-204(8), if that
715 subsection applies.
716 (b) If a governmental entity claims extraordinary circumstances and specifies the date
717 when the records will be available under Subsection 63G-2-204(3), and, if the requester
718 believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
719 the requester may appeal the governmental entity's claim of extraordinary circumstances or date
720 for compliance to the chief administrative officer by filing a notice of appeal with the chief
721 administrative officer within 30 days after notification of a claim of extraordinary
722 circumstances by the governmental entity, despite the lack of a "determination" or its
723 equivalent under Subsection 63G-2-204(8).
724 (2) A notice of appeal shall contain:
725 (a) the name, mailing address, and daytime telephone number of the requester or
726 interested party; and
727 (b) the relief sought.
728 (3) The requester or interested party may file a short statement of facts, reasons, and
729 legal authority in support of the appeal.
730 (4) (a) If the appeal involves a record that is the subject of a business confidentiality
731 claim under Section 63G-2-309, the chief administrative officer shall:
732 (i) send notice of the appeal to the business confidentiality claimant within three
733 business days after receiving notice, except that if notice under this section must be given to
734 more than 35 persons, it shall be given as soon as reasonably possible; and
735 (ii) send notice of the business confidentiality claim and the schedule for the chief
736 administrative officer's determination to the requester or interested party within three business
737 days after receiving notice of the appeal.
738 (b) The business confidentiality claimant shall have seven business days after notice is
739 sent by the administrative officer to submit further support for the claim of business
740 confidentiality.
741 (5) (a) The chief administrative officer shall make a decision on the appeal within:
742 (i) (A) 10 business days after the chief administrative officer's receipt of the notice of
743 appeal; or
744 (B) five business days after the chief administrative officer's receipt of the notice of
745 appeal, if the requester or interested party demonstrates that an expedited decision benefits the
746 public rather than the requester or interested party; or
747 (ii) 12 business days after the governmental entity sends the notice of appeal to a person
748 who submitted a claim of business confidentiality.
749 (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
750 access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
751 decision affirming the access denial.
752 (ii) If the chief administrative officer fails to make a decision on an appeal under
753 Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
754 a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
755 specified when the records will be available.
756 (c) The provisions of this section notwithstanding, the parties participating in the
757 proceeding may, by agreement, extend the time periods specified in this section.
758 (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
759 upon consideration and weighing of the various interests and public policies pertinent to the
760 classification and disclosure or nondisclosure, order the disclosure of information properly
761 classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
762 the interests favoring access are greater than or equal to the interests favoring restriction of
763 access.
764 (7) (a) The governmental entity shall send written notice of the chief administrative
765 officer's decision to all participants.
766 (b) If the chief administrative officer's decision is to affirm the access denial in whole
767 or in part, the notice under Subsection (7)(a) shall include:
768 (i) a statement that the requester or interested party has the right to appeal the decision,
769 as provided in Section 63G-2-402, to:
770 (A) the [
771 (B) the local appeals board, if the governmental entity is a political subdivision and the
772 governmental entity has established a local appeals board;
773 (ii) the time limits for filing an appeal; and
774 (iii) the name and business address of:
775 (A) the executive secretary of the [
776 (B) the individual designated as the contact individual for the appeals board, if the
777 governmental entity is a political subdivision that has established an appeals board under
778 Subsection 63G-2-701(5)(c).
779 (8) A person aggrieved by a governmental entity's classification or designation
780 determination under this chapter, but who is not requesting access to the records, may appeal
781 that determination using the procedures provided in this section. If a nonrequester is the only
782 appellant, the procedures provided in this section shall apply, except that the decision on the
783 appeal shall be made within 30 days after receiving the notice of appeal.
784 (9) The duties of the chief administrative officer under this section may be delegated.
785 Section 15. Section 63G-2-402 is amended to read:
786 63G-2-402. Appealing a decision of a chief administrative officer.
787 (1) If the decision of the chief administrative officer of a governmental entity under
788 Section 63G-2-401 is to affirm the denial of a record request, the requester may:
789 (a) (i) appeal the decision to the [
790 provided in Section 63G-2-403; or
791 (ii) petition for judicial review of the decision in district court, as provided in Section
792 63G-2-404; or
793 (b) appeal the decision to the local appeals board if:
794 (i) the decision is of a chief administrative officer of a governmental entity that is a
795 political subdivision; and
796 (ii) the political subdivision has established a local appeals board.
797 (2) A requester who appeals a chief administrative officer's decision to the [
798
799 to seek judicial review of the decision of the [
800 local appeals board.
801 (3) As provided in Section 63G-2-403, an interested party may appeal to the [
802
803 63G-2-401 affirming an access denial.
804 Section 16. Section 63G-2-403 is amended to read:
805 63G-2-403. Appeals to the State Records Committee.
806 (1) (a) A records committee appellant appeals to the [
807 Committee by filing a notice of appeal with the executive secretary of the [
808 State Records Committee no later than 30 days after the date of issuance of the decision being
809 appealed.
810 (b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the
811 executive secretary of the [
812 after the day on which the record request is made if:
813 (i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
814 (ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
815 (2) The notice of appeal shall:
816 (a) contain the name, mailing address, and daytime telephone number of the records
817 committee appellant;
818 (b) be accompanied by a copy of the decision being appealed; and
819 (c) state the relief sought.
820 (3) The records committee appellant:
821 (a) shall, on the day on which the notice of appeal is filed with the [
822 State Records Committee, serve a copy of the notice of appeal on:
823 (i) the governmental entity whose access denial is the subject of the appeal, if the
824 records committee appellant is a requester or interested party; or
825 (ii) the requester or interested party who is a party to the local appeals board
826 proceeding that resulted in the decision that the political subdivision is appealing to the
827 [
828 (b) may file a short statement of facts, reasons, and legal authority in support of the
829 appeal.
830 (4) (a) Except as provided in Subsections (4)(b) and (c), no later than seven business
831 days after receiving a notice of appeal, the executive secretary of the [
832 Records Committee shall:
833 (i) schedule a hearing for the [
834 the appeal at the next regularly scheduled committee meeting falling at least 16 days after the
835 date the notice of appeal is filed but no longer than 64 calendar days after the date the notice of
836 appeal was filed except that the [
837 application of the records committee appellant and good cause shown;
838 (ii) send a copy of the notice of hearing to the records committee appellant; and
839 (iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing
840 to:
841 (A) each member of the [
842 (B) the records officer and the chief administrative officer of the governmental entity
843 whose access denial is the subject of the appeal, if the records committee appellant is a
844 requester or interested party;
845 (C) any person who made a business confidentiality claim under Section 63G-2-309 for
846 a record that is the subject of the appeal; and
847 (D) all persons who participated in the proceedings before the governmental entity's
848 chief administrative officer, if the appeal is of the chief administrative officer's decision
849 affirming an access denial.
850 (b) (i) The executive secretary of the [
851 may decline to schedule a hearing if the record series that is the subject of the appeal has been
852 found by the committee in a previous hearing involving the same governmental entity to be
853 appropriately classified as private, controlled, or protected.
854 (ii) (A) If the executive secretary of the [
855 declines to schedule a hearing, the executive secretary [
856 notice to the records committee appellant indicating that the request for hearing has been
857 denied and the reason for the denial.
858 (B) The [
859 section as provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
860 (c) The executive secretary of the [
861 schedule a hearing on an appeal to the [
862 regularly scheduled [
863 period described in Subsection (4)(a)(i) if that [
864 scheduled [
865 10 appeals scheduled to be heard.
866 (5) (a) No later than five business days before the hearing, a governmental entity shall
867 submit to the executive secretary of the [
868 written statement of facts, reasons, and legal authority in support of the governmental entity's
869 position.
870 (b) The governmental entity shall send a copy of the written statement by first class
871 mail, postage prepaid, to the requester or interested party involved in the appeal. The executive
872 secretary shall forward a copy of the written statement to each member of the [
873
874 (6) (a) No later than 10 business days after the day on which the executive secretary
875 sends the notice of appeal [
876 may be substantially affected by the proceeding may file a request for intervention [
877 with the [
878 (b) Any written statement of facts, reasons, and legal authority in support of the
879 intervener's position shall be filed with the request for intervention.
880 (c) The person seeking intervention shall provide copies of the statement described in
881 Subsection (6)(b) to all parties to the proceedings before the [
882 Committee.
883 (7) The [
884 period of time described in Subsection (4).
885 (8) At the hearing, the [
886 parties to testify, present evidence, and comment on the issues. The [
887 allow other interested persons to comment on the issues.
888 (9) (a) (i) The [
889 (A) may review the disputed records; and
890 (B) shall review the disputed records, if the committee is weighing the various interests
891 under Subsection (11).
892 (ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
893 (b) Members of the [
894 any information or record reviewed by the committee in camera unless the disclosure is
895 otherwise authorized by this chapter.
896 (10) (a) Discovery is prohibited, but the [
897 may issue subpoenas or other orders to compel production of necessary evidence.
898 (b) When the subject of a [
899 disobeys or fails to comply with the subpoena, the [
900 an order to compel obedience to the subpoena with the district court.
901 (c) (i) The [
902 the appeal is an appeal from a decision of a chief administrative officer:
903 (A) issued under Section 63G-2-401; or
904 (B) issued by a chief administrative officer of a political subdivision that has not
905 established a local appeals board.
906 (ii) For an appeal from a decision of a local appeals board, the [
907 State Records Committee shall review and consider the decision of the local appeals board.
908 (11) (a) No later than seven business days after the hearing, the [
909 State Records Committee shall issue a signed order:
910 (i) granting the relief sought, in whole or in part; or
911 (ii) upholding the governmental entity's access denial, in whole or in part.
912 (b) Except as provided in Section 63G-2-406, the [
913 Committee may, upon consideration and weighing of the various interests and public policies
914 pertinent to the classification and disclosure or nondisclosure, order the disclosure of
915 information properly classified as private, controlled, or protected if the public interest favoring
916 access is greater than or equal to the interest favoring restriction of access.
917 (c) In making a determination under Subsection (11)(b), the [
918 Records Committee shall consider and, where appropriate, limit the requester's or interested
919 party's use and further disclosure of the record in order to protect:
920 (i) privacy interests in the case of a private or controlled record;
921 (ii) business confidentiality interests in the case of a record protected under Subsection
922 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
923 (iii) privacy interests or the public interest in the case of other protected records.
924 (12) The order of the [
925 (a) a statement of reasons for the decision, including citations to this chapter, court rule
926 or order, another state statute, federal statute, or federal regulation that governs disclosure of
927 the record, if the citations do not disclose private, controlled, or protected information;
928 (b) a description of the record or portions of the record to which access was ordered or
929 denied, if the description does not disclose private, controlled, or protected information or
930 information exempt from disclosure under Subsection 63G-2-201(3)(b);
931 (c) a statement that any party to the proceeding before the [
932 Records Committee may appeal the [
933 (d) a brief summary of the appeals process, the time limits for filing an appeal, and a
934 notice that in order to protect its rights on appeal, the party may wish to seek advice from an
935 attorney.
936 (13) If the [
937 within 73 calendar days of the filing of the notice of appeal, that failure is the equivalent of an
938 order denying the appeal. A records committee appellant shall notify the [
939 State Records Committee in writing if the records committee appellant considers the appeal
940 denied.
941 (14) A party to a proceeding before the [
942 may seek judicial review in district court of a [
943 order by filing a petition for review of the [
944 63G-2-404.
945 (15) (a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party
946 to the proceeding shall comply with the order of the [
947 Committee.
948 (b) If a party disagrees with the order of the [
949 Committee, that party may file a notice of intent to appeal the order [
950 (c) If the [
951 to produce a record and no appeal is filed, or if, as a result of the appeal, the governmental
952 entity is required to produce a record, the governmental entity shall:
953 (i) produce the record; and
954 (ii) file a notice of compliance with the [
955 (d) (i) If the governmental entity that is ordered to produce a record fails to file a notice
956 of compliance or a notice of intent to appeal, the [
957 may do either or both of the following:
958 (A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
959 (B) send written notice of the governmental entity's noncompliance to the governor.
960 (ii) In imposing a civil penalty, the [
961 consider the gravity and circumstances of the violation, including whether the failure to comply
962 was due to neglect or was willful or intentional.
963 Section 17. Section 63G-2-404 is amended to read:
964 63G-2-404. Judicial review.
965 (1) (a) A petition for judicial review of an order or decision, as allowed under this part
966 or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the
967 order or decision.
968 (b) The [
969 for judicial review of a [
970 (c) The executive secretary of the [
971 be served with notice of a petition for judicial review of a [
972 Committee order, in accordance with the Utah Rules of Civil Procedure.
973 (2) A petition for judicial review is a complaint governed by the Utah Rules of Civil
974 Procedure and shall contain:
975 (a) the petitioner's name and mailing address;
976 (b) a copy of the [
977 appeal is taken, if the petitioner is seeking judicial review of an order of the [
978
979 (c) the name and mailing address of the governmental entity that issued the initial
980 determination with a copy of that determination;
981 (d) a request for relief specifying the type and extent of relief requested; and
982 (e) a statement of the reasons why the petitioner is entitled to relief.
983 (3) If the appeal is based on the denial of access to a protected record based on a claim
984 of business confidentiality, the court shall allow the claimant of business confidentiality to
985 provide to the court the reasons for the claim of business confidentiality.
986 (4) All additional pleadings and proceedings in the district court are governed by the
987 Utah Rules of Civil Procedure.
988 (5) The district court may review the disputed records. The review shall be in camera.
989 (6) (a) The court shall:
990 (i) make the court's decision de novo, but, for a petition seeking judicial review of a
991 [
992 to the [
993 (ii) determine all questions of fact and law without a jury; and
994 (iii) decide the issue at the earliest practical opportunity.
995 (b) In a court's review and decision of a petition seeking judicial review of a [
996
997 [
998 (7) (a) Except as provided in Section 63G-2-406, the court may, upon consideration
999 and weighing of the various interests and public policies pertinent to the classification and
1000 disclosure or nondisclosure, order the disclosure of information properly classified as private,
1001 controlled, or protected if the interest favoring access is greater than or equal to the interest
1002 favoring restriction of access.
1003 (b) The court shall consider and, where appropriate, limit the requester's use and
1004 further disclosure of the record in order to protect privacy interests in the case of private or
1005 controlled records, business confidentiality interests in the case of records protected under
1006 Subsections 63G-2-305(1) and (2), and privacy interests or the public interest in the case of
1007 other protected records.
1008 Section 18. Section 63G-2-501 is amended to read:
1009 63G-2-501. State Records Committee created -- Membership -- Terms --
1010 Vacancies -- Expenses.
1011 (1) There is created the State Records Committee within the Department of
1012 Administrative Services [
1013 (a) an individual in the private sector whose profession requires the individual to create
1014 or manage records that, if created by a governmental entity, would be private or controlled;
1015 [
1016 [
1017 (b) an individual with experience with electronic records and databases, as
1018 recommended by a statewide technology advocacy organization that represents the public,
1019 private, and nonprofit sectors;
1020 (c) the director of the Division of Archives and Records Services or the director's
1021 designee;
1022 (d) two citizen members;
1023 (e) one person representing political subdivisions, as recommended by the Utah League
1024 of Cities and Towns; and
1025 (f) one individual representing the news media.
1026 (2) The governor shall appoint the members [
1027 (1)(a), (b), (d), (e), and (f) [
1028 (3) (a) Except as [
1029
1030 member to a four-year term.
1031 (b) Notwithstanding [
1032 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1033 committee members are staggered so that approximately half of the committee is appointed
1034 every two years.
1035 (c) Each appointed member is eligible for reappointment for one additional term.
1036 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
1037 appointed for the unexpired term.
1038 (5) A member of the State Records Committee may not receive compensation or
1039 benefits for the member's service on the committee, but may receive per diem and travel
1040 expenses in accordance with:
1041 (a) Section 63A-3-106;
1042 (b) Section 63A-3-107; and
1043 (c) rules made by the Division of Finance [
1044 63A-3-107.
1045 Section 19. Section 63G-2-502 is amended to read:
1046 63G-2-502. State Records Committee -- Duties.
1047 (1) The [
1048 [
1049 [
1050 [
1051 63G-2-403;
1052 [
1053 67-3-1(17)(d); and
1054 [
1055 (2) The [
1056 (a) make rules [
1057 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern the committee's proceedings;
1058 and
1059 (b) by order, after notice and hearing, reassign classification and designation for any
1060 record series by a governmental entity if the governmental entity's classification or designation
1061 is inconsistent with this chapter.
1062 (3) (a) The [
1063 executive secretary to provide administrative support to the [
1064 (b) The executive secretary [
1065 committee.
1066 (4) Five members of the [
1067 for the transaction of business.
1068 (5) The state archives shall provide staff and support services for the [
1069
1070 (6) If the [
1071 designation of a record or record series under Subsection (2)(b), any affected governmental
1072 entity or any other interested person may appeal the reclassification or redesignation to the
1073 district court. The district court shall hear the matter de novo.
1074 (7) The Office of the Attorney General shall provide counsel to the [
1075
1076 Section 20. Section 63G-2-604 is amended to read:
1077 63G-2-604. Retention and disposition of records.
1078 (1) (a) Except for a governmental entity that is permitted to maintain [
1079 governmental entity's own retention schedules under Part 7, Applicability to Political
1080 Subdivisions, the Judiciary, and the Legislature, each governmental entity shall file with the
1081 [
1082 proposed schedule for the retention and disposition of each type of material that is defined as a
1083 record under this chapter.
1084 (b) After a retention schedule is reviewed and approved by the [
1085
1086 63A-12-113(1)(b), the governmental entity shall maintain and destroy records in accordance
1087 with the retention schedule.
1088 (c) If a governmental entity subject to the provisions of this section has not received an
1089 approved retention schedule from the Records Management Committee for a specific type of
1090 material that is classified as a record under this chapter, the model retention schedule
1091 maintained by the state archivist shall govern the retention and destruction of that type of
1092 material.
1093 (2) A retention schedule that is filed with or approved by the [
1094
1095 record.
1096 Section 21. Section 63G-2-701 is amended to read:
1097 63G-2-701. Political subdivisions may adopt ordinances in compliance with
1098 chapter -- Appeal process.
1099 (1) As used in this section:
1100 (a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
1101 (b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
1102 (c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
1103 (2) (a) Each political subdivision may adopt an ordinance or a policy applicable
1104 throughout its jurisdiction relating to information practices including classification,
1105 designation, access, denials, segregation, appeals, management, retention, and amendment of
1106 records.
1107 (b) The ordinance or policy shall comply with the criteria set forth in this section.
1108 (c) If any political subdivision does not adopt and maintain an ordinance or policy, then
1109 that political subdivision is subject to this chapter.
1110 (d) Notwithstanding the adoption of an ordinance or policy, each political subdivision
1111 is subject to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105,
1112 63A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.
1113 (e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed
1114 with the state archives no later than 30 days after its effective date.
1115 (f) The political subdivision shall also report to the state archives all retention
1116 schedules, and all designations and classifications applied to record series maintained by the
1117 political subdivision.
1118 (g) The report required by Subsection (2)(f) is notification to state archives of the
1119 political subdivision's retention schedules, designations, and classifications. The report is not
1120 subject to approval by state archives. If state archives determines that a different retention
1121 schedule is needed for state purposes, state archives shall notify the political subdivision of the
1122 state's retention schedule for the records and shall maintain the records if requested to do so
1123 under Subsection 63A-12-105(2).
1124 (3) Each ordinance or policy relating to information practices shall:
1125 (a) provide standards for the classification and designation of the records of the
1126 political subdivision as public, private, controlled, or protected in accordance with Part 3,
1127 Classification;
1128 (b) require the classification of the records of the political subdivision in accordance
1129 with those standards;
1130 (c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;
1131 and
1132 (d) provide standards for the management and retention of the records of the political
1133 subdivision comparable to Section 63A-12-103.
1134 (4) (a) Each ordinance or policy shall establish access criteria, procedures, and
1135 response times for requests to inspect, obtain, or amend records of the political subdivision,
1136 and time limits for appeals consistent with this chapter.
1137 (b) In establishing response times for access requests and time limits for appeals, the
1138 political subdivision may establish reasonable time frames different than those set out in
1139 Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the political
1140 subdivision are insufficient to meet the requirements of those sections.
1141 (5) (a) A political subdivision shall establish an appeals process for persons aggrieved
1142 by classification, designation, or access decisions.
1143 (b) A political subdivision's appeals process shall include a process for a requester or
1144 interested party to appeal an access denial to a person designated by the political subdivision as
1145 the chief administrative officer for purposes of an appeal under Section 63G-2-401.
1146 (c) (i) A political subdivision may establish an appeals board to decide an appeal of a
1147 decision of the chief administrative officer affirming an access denial.
1148 (ii) An appeals board established by a political subdivision shall be composed of three
1149 members:
1150 (A) one of whom shall be an employee of the political subdivision; and
1151 (B) two of whom shall be members of the public who are not employed by or officials
1152 of a governmental entity, at least one of whom shall have professional experience with
1153 requesting or managing records.
1154 (iii) If a political subdivision establishes an appeals board, any appeal of a decision of a
1155 chief administrative officer shall be made to the appeals board.
1156 (iv) If a political subdivision does not establish an appeals board, the political
1157 subdivision's appeals process shall provide for an appeal of a chief administrative officer's
1158 decision to the [
1159 63G-2-403.
1160 (6) (a) A political subdivision or requester may appeal an appeals board decision:
1161 (i) to the [
1162 63G-2-403; or
1163 (ii) by filing a petition for judicial review with the district court.
1164 (b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
1165 conduct of the proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.
1166 (c) A person who appeals an appeals board decision to the [
1167 Records Committee does not lose or waive the right to seek judicial review of the decision of
1168 the [
1169 (7) Any political subdivision that adopts an ordinance or policy under Subsection (1)
1170 shall forward to state archives a copy and summary description of the ordinance or policy.
1171 Section 22. Section 63G-2-801 is amended to read:
1172 63G-2-801. Criminal penalties.
1173 (1) (a) A public employee or other person who has lawful access to any private,
1174 controlled, or protected record under this chapter, and who intentionally discloses, provides a
1175 copy of, or improperly uses a private, controlled, or protected record knowing that the
1176 disclosure or use is prohibited under this chapter, is, except as provided in Subsection
1177 53-5-708(1)(c), guilty of a class B misdemeanor.
1178 (b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
1179 private, controlled, or protected information in the reasonable belief that the use or disclosure
1180 of the information was necessary to expose a violation of law involving government
1181 corruption, abuse of office, or misappropriation of public funds or property.
1182 (c) It is a defense to prosecution under Subsection (1)(a) that the record could have
1183 lawfully been released to the recipient if it had been properly classified.
1184 (d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
1185 other person disclosed, provided, or used the record based on a good faith belief that the
1186 disclosure, provision, or use was in accordance with the law.
1187 (2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
1188 copy of any private, controlled, or protected record to which the person is not legally entitled is
1189 guilty of a class B misdemeanor.
1190 (b) No person shall be guilty under Subsection (2)(a) who receives the record,
1191 information, or copy after the fact and without prior knowledge of or participation in the false
1192 pretenses, bribery, or theft.
1193 (3) (a) A public employee who intentionally refuses to release a record, the disclosure
1194 of which the employee knows is required by law, is guilty of a class B misdemeanor.
1195 (b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
1196 failure to release the record was based on a good faith belief that the public employee was
1197 acting in accordance with the requirements of law.
1198 (c) A public employee who intentionally refuses to release a record, the disclosure of
1199 which the employee knows is required by a final unappealed order from a government entity,
1200 the [
1201 misdemeanor.