Senator Wayne A. Harper proposes the following substitute bill:


1     
RECORDS COMMITTEES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Adam Robertson

6     

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 [State Records Committee made under Title 63G, Chapter 2,
63     Government Records Access and Management Act] Records Management Committee made
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 [as have been] that are
100     properly recorded or summarized in the payment records of the division, or that are [deemed]
101     no longer necessary in the proper administration of this chapter in accordance with [the
102     requirements of the state records committee pursuant to Section 63G-2-502] an applicable
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 [State Records Committee] Records
147     Management Committee as required by Subsection [63G-2-502(1)(b)] 63A-12-113(1)(b).
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 [records committee] Records Management
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     [records committee] Records Management Committee created in Section 63A-12-112;
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 [its] the
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 [records committee] State
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, [the] a copy has the same legal force and
227     effect as if certified by the originating governmental entity.
228          (2) The state archives may microphotograph records when [it] the state archives
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 [records
239     committee] State Records Committee created in Section 63G-2-501.
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 [records committee] State Records Committee created in Section 63G-2-501,
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 [a records committee order] an order of the State Records Committee.
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          [(24) "Records committee" means the State Records Committee created in Section
484     63G-2-501.]
485          [(25)] (24) "Records officer" means the individual appointed by the chief
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          [(26)] (25) "Schedule," "scheduling," and their derivative forms mean the process of
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          [(27)] (26) "Sponsored research" means research, training, and other sponsored
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          [(28)] (27) "State archives" means the Division of Archives and Records Service
505     created in Section 63A-12-101.
506          [(29)] (28) "State archivist" means the director of the state archives.
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 [records committee] State Records
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     [records committee] State Records Committee determines should be disclosed until the period
681     in which to bring an appeal expires or the end of the appeals process, including judicial appeal.
682          (b) [This] Subsection (2)(a) does not apply where the claimant, after notice, has waived
683     the claim by not appealing or intervening before the [records committee] State Records
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 [records committee] State Records Committee affirming an access denial.
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     [records committee] State Records Committee; or
703          (b) a requester or interested party who seeks to appeal to the [records committee] State
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 [records committee] State Records Committee or district court; or
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 [records committee] State Records Committee; and
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 [records committee] State Records Committee, as
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 [records
798     committee] State Records Committee or a local appeals board does not lose or waive the right
799     to seek judicial review of the decision of the [records committee] State Records Committee or
800     local appeals board.

801          (3) As provided in Section 63G-2-403, an interested party may appeal to the [records
802     committee] State Records Committee a chief administrative officer's decision under Section
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 [records committee] State Records
807     Committee by filing a notice of appeal with the executive secretary of the [records committee]
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 [records committee] State Records Committee no later than 45 days
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 [records committee]
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     [records] committee, if the records committee appellant is a political subdivision; and
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 [records committee] State

832     Records Committee shall:
833          (i) schedule a hearing for the [records committee] State Records Committee to discuss
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 [records] committee may schedule an expedited hearing upon
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 [records committee] State Records Committee;
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 [records committee] State Records Committee
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 [records committee] State Records Committee
855     declines to schedule a hearing, the executive secretary [of the records committee] shall send a
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 [committee] State Records Committee shall make rules to implement this
859     section as provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
860          (c) The executive secretary of the [records committee] State Records Committee may
861     schedule a hearing on an appeal to the [records committee] State Records Committee at a
862     regularly scheduled [records committee] State Records Committee meeting that is later than the

863     period described in Subsection (4)(a)(i) if that [records] committee meeting is the first regularly
864     scheduled [records committee] State Records Committee meeting at which there are fewer than
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 [records committee] State Records Committee a
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 [records
873     committee] State Records Committee.
874          (6) (a) No later than 10 business days after the day on which the executive secretary
875     sends the notice of appeal [is sent by the executive secretary], a person whose legal interests
876     may be substantially affected by the proceeding may file a request for intervention [before]
877     with the [records committee] State Records Committee.
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 [records committee] State Records
882     Committee.
883          (7) The [records committee] State Records Committee shall hold a hearing within the
884     period of time described in Subsection (4).
885          (8) At the hearing, the [records committee] State Records Committee shall allow the
886     parties to testify, present evidence, and comment on the issues. The [records] committee may
887     allow other interested persons to comment on the issues.
888          (9) (a) (i) The [records committee] State Records Committee:
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 [records committee] State Records Committee may not disclose

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 [records committee] State Records Committee
897     may issue subpoenas or other orders to compel production of necessary evidence.
898          (b) When the subject of a [records committee] State Records Committee subpoena
899     disobeys or fails to comply with the subpoena, the [records] committee may file a motion for
900     an order to compel obedience to the subpoena with the district court.
901          (c) (i) The [records committee's] State Records Committee's review shall be de novo, if
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 [records committee]
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 [records committee]
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 [records committee] State Records
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 [records committee] State
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 [records committee] State Records Committee shall include:

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 [records committee] State
932     Records Committee may appeal the [records] committee's decision to district court; and
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 [records committee] State Records Committee fails to issue a decision
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 [records committee]
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 [records committee] State Records Committee
942     may seek judicial review in district court of a [records committee] State Records Committee
943     order by filing a petition for review of the [records committee] order as provided in Section
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 [records committee] State Records
947     Committee.
948          (b) If a party disagrees with the order of the [records committee] State Records
949     Committee, that party may file a notice of intent to appeal the order [of the records committee].
950          (c) If the [records committee] State Records Committee orders the governmental entity
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 [records] committee.
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 [records committee] State Records Committee
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 [records committee] State Records Committee shall
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 [records committee] State Records Committee is a necessary party to a petition
969     for judicial review of a [records committee] State Records Committee order.
970          (c) The executive secretary of the [records committee] State Records Committee shall
971     be served with notice of a petition for judicial review of a [records committee] State Records
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 [records committee] State Records Committee order from which the
977     appeal is taken, if the petitioner is seeking judicial review of an order of the [records
978     committee] State Records Committee;
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     [records committee] State Records Committee order, allow introduction of evidence presented
992     to the [records committee] State Records Committee;
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 [records
996     committee] State Records Committee order, the court may not remand the petition to the
997     [records committee] State Records Committee for any additional proceedings.
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 [to consist] consisting of the following seven individuals:
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          [(b) the director of the Division of State History or the director's designee;]
1016          [(c) the governor or the governor's designee;]
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 [specified] described in Subsections
1027     (1)(a), (b), (d), (e), and (f) [shall be appointed by the governor] with the consent of the Senate.
1028          (3) (a) Except as [required by] provided in Subsection (3)(b), [as terms of current
1029     committee members expire,] the governor shall appoint each [new member or reappointed]
1030     member to a four-year term.
1031          (b) Notwithstanding [the requirements of] Subsection (3)(a), the governor shall, at the
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 [pursuant to] under Sections 63A-3-106 and
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 [records committee] State Records Committee shall:
1048          [(a) meet at least once every three months;]

1049          [(b) review and approve schedules for the retention and disposal of records;]
1050          [(c)] (a) hear appeals from determinations of access [as provided by] under Section
1051     63G-2-403;
1052          [(d)] (b) determine disputes submitted by the state auditor under Subsection
1053     67-3-1(17)(d); and
1054          [(e)] (c) appoint a [chairman] chair from among [its] the committee's members.
1055          (2) The [records committee] State Records Committee may:
1056          (a) make rules [to govern its own proceedings as provided by], in accordance with Title
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 [records committee] State Records Committee shall annually appoint an
1063     executive secretary to provide administrative support to the [records] committee.
1064          (b) The executive secretary [may not serve as] is not a voting member of the
1065     committee.
1066          (4) Five members of the [records committee] State Records Committee are a quorum
1067     for the transaction of business.
1068          (5) The state archives shall provide staff and support services for the [records
1069     committee] State Records Committee.
1070          (6) If the [records committee] State Records Committee reassigns the classification or
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 [records committee
1075     and shall review proposed retention schedules] State Records Committee.
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 [its] the
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     [State Records Committee] Records Management Committee created in Section 63A-12-112 a
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 [State Records
1085     Committee] Records Management Committee under Subsection [63G-2-502(1)(b)]
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 [State Records
1094     Committee] Records Management Committee under the requirements of this section is a public
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 [records committee] State Records Committee, as provided in Section
1159     63G-2-403.
1160          (6) (a) A political subdivision or requester may appeal an appeals board decision:
1161          (i) to the [records committee] State Records Committee, as provided in Section
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 [records committee] State
1167     Records Committee does not lose or waive the right to seek judicial review of the decision of
1168     the [records committee] State Records Committee.
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 [records committee] State Records Committee, or a court is guilty of a class B
1201     misdemeanor.
1202