8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Government Records Access and Management Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the right to inspect and copy records;
14 ▸ modifies a provision that states that a governmental entity is not required to fill a
15 records request if the records are already publicly available;
16 ▸ modifies a restriction on sharing records of a publicly funded library;
17 ▸ prohibits a records request from being submitted to multiple governmental entities;
18 ▸ modifies a provision relating to an award of attorney fees on an appeal relating to an
19 access issue; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 63G-2-201, as last amended by Laws of Utah 2017, Chapter 435
28 63G-2-204, as last amended by Laws of Utah 2017, Chapter 435
29 63G-2-206, as last amended by Laws of Utah 2012, Chapter 377
30 63G-2-308, as renumbered and amended by Laws of Utah 2008, Chapter 382
31 63G-2-400.5, as enacted by Laws of Utah 2015, Chapter 335
32 63G-2-401, as last amended by Laws of Utah 2017, Chapter 435
33 63G-2-802, as renumbered and amended by Laws of Utah 2008, Chapter 382
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 63G-2-201 is amended to read:
37 63G-2-201. Right to inspect records and receive copies of records.
38 (1) (a) [
39 inspect a public record free of charge, and the right to take a copy of a public record during
40 normal working hours, subject to Sections 63G-2-203 and 63G-2-204.
41 (b) A right under Subsection (1)(a) does not apply with respect to a record:
42 (i) a copy of which the governmental entity has already provided to the person;
43 (ii) that is the subject of a records request that the governmental entity is not required
44 to fill under Subsection (8)(e); or
45 (iii) (A) that is accessible only by a computer or other electronic device owned or
46 controlled by the governmental entity;
47 (B) that is part of an electronic file that also contains a record that is private,
48 controlled, or protected; and
49 (C) that the governmental entity cannot readily segregate from the part of the electronic
50 file that contains a private, controlled, or protected record.
51 (2) A record is public unless otherwise expressly provided by statute.
52 (3) The following records are not public:
53 (a) a record that is private, controlled, or protected under Sections 63G-2-302,
54 63G-2-303, 63G-2-304, and 63G-2-305; and
55 (b) a record to which access is restricted pursuant to court rule, another state statute,
56 federal statute, or federal regulation, including records for which access is governed or
57 restricted as a condition of participation in a state or federal program or for receiving state or
58 federal funds.
59 (4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or
60 63G-2-305 may be classified private, controlled, or protected.
61 (5) (a) A governmental entity may not disclose a record that is private, controlled, or
62 protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
63 63G-2-202, 63G-2-206, or 63G-2-303.
64 (b) A governmental entity may disclose a record that is private under Subsection
65 63G-2-302(2) or protected under Section 63G-2-305 to persons other than those specified in
66 Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee,
67 determines that:
68 (i) there is no interest in restricting access to the record; or
69 (ii) the interests favoring access are greater than or equal to the interest favoring
70 restriction of access.
71 (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
72 disclose a record that is protected under Subsection 63G-2-305(51) if:
73 (i) the head of the governmental entity, or a designee, determines that the disclosure:
74 (A) is mutually beneficial to:
75 (I) the subject of the record;
76 (II) the governmental entity; and
77 (III) the public; and
78 (B) serves a public purpose related to:
79 (I) public safety; or
80 (II) consumer protection; and
81 (ii) the person who receives the record from the governmental entity agrees not to use
82 or allow the use of the record for advertising or solicitation purposes.
83 (6) (a) The disclosure of a record to which access is governed or limited pursuant to
84 court rule, another state statute, federal statute, or federal regulation, including a record for
85 which access is governed or limited as a condition of participation in a state or federal program
86 or for receiving state or federal funds, is governed by the specific provisions of that statute,
87 rule, or regulation.
88 (b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
89 is not inconsistent with the statute, rule, or regulation.
90 (7) A governmental entity shall provide a person with a certified copy of a record if:
91 (a) the person requesting the record has a right to inspect it;
92 (b) the person identifies the record with reasonable specificity; and
93 (c) the person pays the lawful fees.
94 (8) [
98 maintained by the governmental entity;
100 records requests from that person; or
103 (A) publicly accessible [
104 (B) included in a public publication or product produced by the governmental entity
105 receiving the request; and
107 (A) specifies to the person requesting the record where the record is accessible online;
109 (B) provides the person requesting the record with the public publication or product[
110 and [
111 publication or product.
113 (9) (a) Although not required to do so, a governmental entity may, upon request from
114 the person who submitted the records request, compile, format, manipulate, package,
115 summarize, or tailor information or provide a record in a [
119 governmental entity [
120 entity is able to fulfill the request without unreasonably interfering with the governmental
121 entity's duties and responsibilities[
123 (c) A governmental entity may require a person who makes a request under Subsection
124 (9)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for providing the
125 information or record [
128 Subsection [
129 record in response to, a record request if the request is submitted by or in behalf of an
130 individual who is confined in a jail or other correctional facility following the individual's
132 (b) Subsection [
133 (i) the first five record requests submitted to the governmental entity by or in behalf of
134 an individual described in Subsection [
135 record that contains a specific reference to the individual; or
136 (ii) a record request that is submitted by an attorney of an individual described in
137 Subsection [
139 pages of records to copy the records if:
140 (i) the records are contained in files that do not contain records that are exempt from
141 disclosure, or the records may be segregated to remove private, protected, or controlled
142 information from disclosure; and
143 (ii) the governmental entity provides reasonable safeguards to protect the public from
144 the potential for loss of a public record.
145 (b) If the requirements of Subsection [
147 (i) provide the requester with the facilities for copying the requested records and
148 require that the requester make the copies; or
149 (ii) allow the requester to provide the requester's own copying facilities and personnel
150 to make the copies at the governmental entity's offices and waive the fees for copying the
153 offers the intellectual property right for sale or license may control by ordinance or policy the
154 duplication and distribution of the material based on terms the governmental entity considers to
155 be in the public interest.
156 (b) Nothing in this chapter shall be construed to limit or impair the rights or protections
157 granted to the governmental entity under federal copyright or patent law as a result of its
158 ownership of the intellectual property right.
160 otherwise, in which a record is stored to deny, or unreasonably hinder the rights of a person to
161 inspect and receive a copy of a record under this chapter.
163 provide access to an electronic copy of a record in lieu of providing access to its paper
164 equivalent if:
165 (a) the person making the request requests or states a preference for an electronic copy;
166 (b) the governmental entity currently maintains the record in an electronic format that
167 is reproducible and may be provided without reformatting or conversion; and
168 (c) the electronic copy of the record:
169 (i) does not disclose other records that are exempt from disclosure; or
170 (ii) may be segregated to protect private, protected, or controlled information from
171 disclosure without the undue expenditure of public resources or funds.
173 Subsection 63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
174 board, or court shall consider and weigh:
175 (a) any personal privacy interests, including those in images, that would be affected by
176 disclosure of the records in question; and
177 (b) any public interests served by disclosure.
178 Section 2. Section 63G-2-204 is amended to read:
179 63G-2-204. Requests -- Time limit for response and extraordinary circumstances.
180 (1) (a) A person making a request for a record shall [
181 governmental entity [
183 (A) name[
184 (B) mailing address[
185 (C) email address, if the person has an email address and is willing to accept
186 communications by email relating to the person's records request; and
187 (D) daytime telephone number[
192 (b) (i) A single record request may not be submitted to multiple governmental entities.
193 (ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a
194 separate record request to each of multiple governmental entities, even if each of the separate
195 requests seeks access to the same record.
197 provide a record that it has received under Section 63G-2-206 as a shared record if:
198 (i) the record was shared for the purpose of auditing[
199 (ii) the governmental entity is authorized by state statute to conduct an audit.
201 Subsection [
202 (i) deny the records request; and
203 (ii) inform the person making the request [
205 governmental entity from which the shared record was received.
207 3, Utah Administrative Rulemaking Act, specifying where and to whom requests for access
208 shall be directed.
210 (a) review each request that seeks an expedited response and notify, within five
211 business days after receiving the request, each requester that has not demonstrated that their
212 record request benefits the public rather than the person that their response will not be
213 expedited; and
214 (b) as soon as reasonably possible, but no later than 10 business days after receiving a
215 written request, or five business days after receiving a written request if the requester
216 demonstrates that expedited response to the record request benefits the public rather than the
218 (i) approve the request and provide a copy of the record;
219 (ii) deny the request in accordance with the procedures and requirements of Section
221 (iii) notify the requester that it does not maintain the record requested and provide, if
222 known, the name and address of the governmental entity that does maintain the record; or
223 (iv) notify the requester that because of one of the extraordinary circumstances listed in
224 Subsection [
226 (A) a description of the circumstances that constitute the extraordinary circumstances;
228 (B) the date when the records will be available, consistent with the requirements of
229 Subsection [
231 for publication or broadcast to the general public is presumed to be acting to benefit the public
232 rather than a person.
234 allow a governmental entity to delay approval or denial by an additional period of time as
235 specified in Subsection [
236 extraordinary circumstances it cannot respond within the time limits provided in Subsection
238 (a) another governmental entity is using the record, in which case the originating
239 governmental entity shall promptly request that the governmental entity currently in possession
240 return the record;
241 (b) another governmental entity is using the record as part of an audit, and returning the
242 record before the completion of the audit would impair the conduct of the audit;
243 (c) (i) the request is for a voluminous quantity of records or a record series containing a
244 substantial number of records; or
245 (ii) the requester seeks a substantial number of records or records series in requests
246 filed within five working days of each other;
247 (d) the governmental entity is currently processing a large number of records requests;
248 (e) the request requires the governmental entity to review a large number of records to
249 locate the records requested;
250 (f) the decision to release a record involves legal issues that require the governmental
251 entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case
253 (g) segregating information that the requester is entitled to inspect from information
254 that the requester is not entitled to inspect requires extensive editing; or
255 (h) segregating information that the requester is entitled to inspect from information
256 that the requester is not entitled to inspect requires computer programming.
258 precludes approval or denial within the time specified in Subsection [
259 time limits apply to the extraordinary circumstances:
260 (a) for claims under Subsection [
261 possession of the record shall return the record to the originating entity within five business
262 days of the request for the return unless returning the record would impair the holder's work;
263 (b) for claims under Subsection [
264 notify the requester when the record is available for inspection and copying;
265 (c) for claims under Subsections [
266 (i) disclose the records that it has located which the requester is entitled to inspect;
267 (ii) provide the requester with an estimate of the amount of time it will take to finish
268 the work required to respond to the request;
269 (iii) complete the work and disclose those records that the requester is entitled to
270 inspect as soon as reasonably possible; and
271 (iv) for any person that does not establish a right to an expedited response as
272 authorized by Subsection [
273 (A) require the person to provide for copying of the records as provided in Subsection
274 63G-2-201(10); or
275 (B) treat a request for multiple records as separate record requests, and respond
276 sequentially to each request;
277 (d) for claims under Subsection [
278 approve or deny the request within five business days after the response time specified for the
279 original request has expired;
280 (e) for claims under Subsection [
281 request within 15 business days from the date of the original request; or
282 (f) for claims under Subsection [
283 programming and disclose the requested records as soon as reasonably possible.
285 other than that specified by rule in accordance with Subsection [
286 promptly forward the request to the appropriate office.
287 (b) If the request is forwarded promptly, the time limit for response begins when the
290 denial within the specified time period, that failure is considered the equivalent of a
291 determination denying access to the record.
292 Section 3. Section 63G-2-206 is amended to read:
293 63G-2-206. Sharing records.
294 (1) A governmental entity may provide a record that is private, controlled, or protected
295 to another governmental entity, a government-managed corporation, a political subdivision, the
296 federal government, or another state if the requesting entity:
297 (a) serves as a repository or archives for purposes of historical preservation,
298 administrative maintenance, or destruction;
299 (b) enforces, litigates, or investigates civil, criminal, or administrative law, and the
300 record is necessary to a proceeding or investigation;
301 (c) is authorized by state statute to conduct an audit and the record is needed for that
303 (d) is one that collects information for presentence, probationary, or parole purposes; or
304 (e) (i) is:
305 (A) the Legislature;
306 (B) a legislative committee;
307 (C) a member of the Legislature; or
308 (D) a legislative staff member acting at the request of the Legislature, a legislative
309 committee, or a member of the Legislature; and
310 (ii) requests the record in relation to the Legislature's duties including:
311 (A) the preparation or review of a legislative proposal or legislation;
312 (B) appropriations; or
313 (C) an investigation or review conducted by the Legislature or a legislative committee.
314 (2) (a) A governmental entity may provide a private, controlled, or protected record or
315 record series to another governmental entity, a political subdivision, a government-managed
316 corporation, the federal government, or another state if the requesting entity provides written
318 (i) that the record or record series is necessary to the performance of the governmental
319 entity's duties and functions;
320 (ii) that the record or record series will be used for a purpose similar to the purpose for
321 which the information in the record or record series was collected or obtained; and
322 (iii) that the use of the record or record series produces a public benefit that is greater
323 than or equal to the individual privacy right that protects the record or record series.
324 (b) A governmental entity may provide a private, controlled, or protected record or
325 record series to a contractor or a private provider according to the requirements of Subsection
327 (3) (a) A governmental entity shall provide a private, controlled, or protected record to
328 another governmental entity, a political subdivision, a government-managed corporation, the
329 federal government, or another state if the requesting entity:
330 (i) is entitled by law to inspect the record;
331 (ii) is required to inspect the record as a condition of participating in a state or federal
332 program or for receiving state or federal funds; or
333 (iii) is an entity described in Subsection (1)(a), (b), (c), (d), or (e).
334 (b) Subsection (3)(a)(iii) applies only if the record is a record described in Subsection
336 (4) Before disclosing a record or record series under this section to another
337 governmental entity, another state, the United States, a foreign government, or to a contractor
338 or private provider, the originating governmental entity shall:
339 (a) inform the recipient of the record's classification and the accompanying restrictions
340 on access; and
341 (b) if the recipient is not a governmental entity to which this chapter applies, obtain the
342 recipient's written agreement which may be by mechanical or electronic transmission that it
343 will abide by those restrictions on access unless a statute, federal regulation, or interstate
344 agreement otherwise governs the sharing of the record or record series.
345 (5) A governmental entity may disclose a record to another state, the United States, or a
346 foreign government for the reasons listed in Subsections (1) and (2) without complying with
347 the procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement,
348 treaty, federal statute, compact, federal regulation, or state statute.
349 (6) (a) Subject to Subsections (6)(b) and (c), an entity receiving a record under this
350 section is subject to the same restrictions on disclosure of the record as the originating entity.
351 (b) A contractor or a private provider may receive information under this section only
353 (i) the contractor or private provider's use of the record or record series produces a
354 public benefit that is greater than or equal to the individual privacy right that protects the record
355 or record series;
356 (ii) the record or record series it requests:
357 (A) is necessary for the performance of a contract with a governmental entity;
358 (B) will only be used for the performance of the contract with the governmental entity;
359 (C) will not be disclosed to any other person; and
360 (D) will not be used for advertising or solicitation purposes; and
361 (iii) the contractor or private provider gives written assurance to the governmental
362 entity that is providing the record or record series that it will adhere to the restrictions of this
363 Subsection (6)(b).
364 (c) The classification of a record already held by a governmental entity and the
365 applicable restrictions on disclosure of that record are not affected by the governmental entity's
366 receipt under this section of a record with a different classification that contains information
367 that is also included in the previously held record.
368 (7) Notwithstanding any other provision of this section, if a more specific court rule or
369 order, state statute, federal statute, or federal regulation prohibits or requires sharing
370 information, that rule, order, statute, or federal regulation controls.
371 (8) (a) The following records may not be shared under this section:
373 and that are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas,
374 and Mining;
376 described in Subsection 63G-2-302(1)(c); and
378 (b) A publicly funded library may share a record that is a private record under
379 Subsection 63G-2-302(1)(c) with a law enforcement agency, as defined in Section 53-1-102, if:
380 (i) the record is a video surveillance recording of the library premises; and
381 (ii) the law enforcement agency certifies in writing that:
382 (A) the law enforcement agency believes that the record will provide important
383 information for a pending investigation into criminal or potentially criminal behavior; and
384 (B) the law enforcement agency's receipt of the record will assist the agency to prevent
385 imminent harm to an individual or imminent and substantial damage to property.
386 (9) Records that may evidence or relate to a violation of law may be disclosed to a
387 government prosecutor, peace officer, or auditor.
388 Section 4. Section 63G-2-308 is amended to read:
389 63G-2-308. Segregation of records.
390 Notwithstanding any other provision in this chapter, if a governmental entity receives a
391 request for access to a record that contains both information that the requester is entitled to
392 inspect and information that the requester is not entitled to inspect under this chapter, and, if
393 the information the requester is entitled to inspect is intelligible, the governmental entity:
394 (1) shall, except as provided in Subsection 63G-2-201(1)(b)(iii), allow access to
395 information in the record that the requester is entitled to inspect under this chapter; and
396 (2) may deny access to information in the record if the information is exempt from
397 disclosure to the requester, issuing a notice of denial as provided in Section 63G-2-205.
398 Section 5. Section 63G-2-400.5 is amended to read:
399 63G-2-400.5. Definitions.
400 As used in this part:
401 (1) "Access denial" means a governmental entity's denial, under Subsection
403 (2) "Appellate affirmation" means a decision of a chief administrative officer, local
404 appeals board, or records committee affirming an access denial.
405 (3) "Interested party" means a person, other than a requester, who is aggrieved by an
406 access denial or an appellate affirmation, whether or not the person participated in proceedings
407 leading to the access denial or appellate affirmation.
408 (4) "Local appeals board" means an appeals board established by a political subdivision
409 under Subsection 63G-2-701(5)(c).
410 (5) "Record request" means a request for a record under Section 63G-2-204.
411 (6) "Records committee appellant" means:
412 (a) a political subdivision that seeks to appeal a decision of a local appeals board to the
413 records committee; or
414 (b) a requester or interested party who seeks to appeal to the records committee a
415 decision affirming an access denial.
416 (7) "Requester" means a person who submits a record request to a governmental entity.
417 Section 6. Section 63G-2-401 is amended to read:
418 63G-2-401. Appeal to chief administrative officer -- Notice of the decision of the
420 (1) (a) A requester or interested party may appeal an access denial to the chief
421 administrative officer of the governmental entity by filing a notice of appeal with the chief
422 administrative officer within 30 days after:
423 (i) the governmental entity sends a notice of denial under Section 63G-2-205, if the
424 governmental entity denies a record request under Subsection 63G-2-205(1); or
425 (ii) the record request is considered denied under Subsection 63G-2-204[
426 subsection applies.
427 (b) If a governmental entity claims extraordinary circumstances and specifies the date
428 when the records will be available under Subsection 63G-2-204[
429 believes the extraordinary circumstances do not exist or that the date specified is unreasonable,
430 the requester may appeal the governmental entity's claim of extraordinary circumstances or date
431 for compliance to the chief administrative officer by filing a notice of appeal with the chief
432 administrative officer within 30 days after notification of a claim of extraordinary
433 circumstances by the governmental entity, despite the lack of a "determination" or its
434 equivalent under Subsection 63G-2-204[
435 (2) A notice of appeal shall contain:
436 (a) the name, mailing address, and daytime telephone number of the requester or
437 interested party; and
438 (b) the relief sought.
439 (3) The requester or interested party may file a short statement of facts, reasons, and
440 legal authority in support of the appeal.
441 (4) (a) If the appeal involves a record that is the subject of a business confidentiality
442 claim under Section 63G-2-309, the chief administrative officer shall:
443 (i) send notice of the appeal to the business confidentiality claimant within three
444 business days after receiving notice, except that if notice under this section must be given to
445 more than 35 persons, it shall be given as soon as reasonably possible; and
446 (ii) send notice of the business confidentiality claim and the schedule for the chief
447 administrative officer's determination to the requester or interested party within three business
448 days after receiving notice of the appeal.
449 (b) The business confidentiality claimant shall have seven business days after notice is
450 sent by the administrative officer to submit further support for the claim of business
452 (5) (a) The chief administrative officer shall make a decision on the appeal within:
453 (i) (A) 10 business days after the chief administrative officer's receipt of the notice of
454 appeal; or
455 (B) five business days after the chief administrative officer's receipt of the notice of
456 appeal, if the requester or interested party demonstrates that an expedited decision benefits the
457 public rather than the requester or interested party; or
458 (ii) 12 business days after the governmental entity sends the notice of appeal to a person
459 who submitted a claim of business confidentiality.
460 (b) (i) If the chief administrative officer fails to make a decision on an appeal of an
461 access denial within the time specified in Subsection (5)(a), the failure is the equivalent of a
462 decision affirming the access denial.
463 (ii) If the chief administrative officer fails to make a decision on an appeal under
464 Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the equivalent of
465 a decision affirming the claim of extraordinary circumstances or the reasonableness of the date
466 specified when the records will be available.
467 (c) The provisions of this section notwithstanding, the parties participating in the
468 proceeding may, by agreement, extend the time periods specified in this section.
469 (6) Except as provided in Section 63G-2-406, the chief administrative officer may,
470 upon consideration and weighing of the various interests and public policies pertinent to the
471 classification and disclosure or nondisclosure, order the disclosure of information properly
472 classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
473 the interests favoring access are greater than or equal to the interests favoring restriction of
475 (7) (a) The governmental entity shall send written notice of the chief administrative
476 officer's decision to all participants.
477 (b) If the chief administrative officer's decision is to affirm the access denial in whole
478 or in part, the notice under Subsection (7)(a) shall include:
479 (i) a statement that the requester or interested party has the right to appeal the decision,
480 as provided in Section 63G-2-402, to:
481 (A) the records committee or district court; or
482 (B) the local appeals board, if the governmental entity is a political subdivision and the
483 governmental entity has established a local appeals board;
484 (ii) the time limits for filing an appeal; and
485 (iii) the name and business address of:
486 (A) the executive secretary of the records committee; and
487 (B) the individual designated as the contact individual for the appeals board, if the
488 governmental entity is a political subdivision that has established an appeals board under
489 Subsection 63G-2-701(5)(c).
490 (8) A person aggrieved by a governmental entity's classification or designation
491 determination under this chapter, but who is not requesting access to the records, may appeal
492 that determination using the procedures provided in this section. If a nonrequester is the only
493 appellant, the procedures provided in this section shall apply, except that the decision on the
494 appeal shall be made within 30 days after receiving the notice of appeal.
495 (9) The duties of the chief administrative officer under this section may be delegated.
496 Section 7. Section 63G-2-802 is amended to read:
497 63G-2-802. Injunction -- Attorney fees.
498 (1) A district court in this state may enjoin any governmental entity or political
499 subdivision that violates or proposes to violate the provisions of this chapter.
500 (2) (a) A district court may assess against any governmental entity or political
501 subdivision reasonable attorney fees and other litigation costs reasonably incurred in
502 connection with a judicial appeal [
503 access to records under a records request, if the requester substantially prevails.
504 (b) In determining whether to award attorneys' fees under this section, the court shall
506 (i) the public benefit derived from the case;
507 (ii) the nature of the requester's interest in the records; and
508 (iii) whether the governmental entity's or political subdivision's actions had a
509 reasonable basis.
510 (c) Attorney fees shall not ordinarily be awarded if the purpose of the litigation is
511 primarily to benefit the requester's financial or commercial interest.
512 (3) Neither attorney fees nor costs shall be awarded for fees or costs incurred during
513 administrative proceedings.
514 (4) Notwithstanding Subsection (2), a court may only award fees and costs incurred in
515 connection with appeals to district courts under Subsection 63G-2-404(2) if the fees and costs
516 were incurred 20 or more days after the requester provided to the governmental entity or
517 political subdivision a statement of position that adequately explains the basis for the
518 requester's position.
519 (5) Claims for attorney fees as provided in this section or for damages are subject to
520 Title 63G, Chapter 7, Governmental Immunity Act of Utah.