Senator Wayne A. Harper proposes the following substitute bill:


1     
MODIFICATIONS TO GOVERNMENT RECORDS

2     
PROVISIONS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Wayne A. Harper

6     
House Sponsor: Brad M. Daw

7     

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:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
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
34     

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) [Every] Except as provided in Subsection (1)(b), a person has the right to
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) [(a)] In response to a request, a governmental entity is not required to:
95          [(i)] (a) create a record;
96          [(ii)] (b) compile, format, manipulate, package, summarize, or tailor information;
97          [(iii)] (c) provide a record in a particular format, medium, or program not currently
98     maintained by the governmental entity;
99          [(iv)] (d) fulfill a person's records request if the request unreasonably duplicates prior
100     records requests from that person; or
101          [(v)] (e) fill a person's records request if:
102          [(A)] (i) the record requested is:
103          (A) publicly accessible [in the identical physical form and content] online; or
104          (B) included in a public publication or product produced by the governmental entity
105     receiving the request; and
106          [(B)] (ii) the governmental entity:
107          (A) specifies to the person requesting the record where the record is accessible online;
108     or
109          (B) provides the person requesting the record with the public publication or product[;]
110     and [(C) the governmental entity] specifies where the record can be found in the public
111     publication or product.
112          [(b) Upon request,]
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 [particular form under Subsection
116     (8)(a)(ii) or (iii) if:] format, medium, or program not currently maintained by the governmental
117     entity.
118          [(i) the] (b) In determining whether to fulfill a request described in Subsection (9)(a), a

119     governmental entity [determines it is able to do so] may consider whether the governmental
120     entity is able to fulfill the request without unreasonably interfering with the governmental
121     entity's duties and responsibilities[; and].
122          [(ii) the requester agrees]
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 [in the requested form in accordance with Section 63G-2-203] as
126     requested.
127          [(9)] (10) (a) Notwithstanding any other provision of this chapter, and subject to
128     Subsection [(9)] (10)(b), a governmental entity is not required to respond to, or provide a
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
131     conviction.
132          (b) Subsection [(9)] (10)(a) does not apply to:
133          (i) the first five record requests submitted to the governmental entity by or in behalf of
134     an individual described in Subsection [(9)] (10)(a) during any calendar year requesting only a
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 [(9)] (10)(a).
138          [(10)] (11) (a) A governmental entity may allow a person requesting more than 50
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 [(10)] (11)(a) are met, the governmental entity
146     may:
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
151     records.
152          [(11)] (12) (a) A governmental entity that owns an intellectual property right and that
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.
159          [(12)] (13) A governmental entity may not use the physical form, electronic or
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.
162          [(13)] (14) Subject to the requirements of Subsection (8), a governmental entity shall
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.
172          [(14)] (15) In determining whether a record is properly classified as private under
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 [furnish] submit to the

181     governmental entity [with] that possesses the record a written request containing:
182          [(a)] (i) the person's:
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[, if available]; and
188          [(b)] (ii) a description of the record requested that identifies the record with reasonable
189     specificity.
190          [(2) (a) Subject to Subsection (2)(b), a person making a request for a record shall
191     submit the request to the governmental entity that prepares, owns, or retains the record.]
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.
196          [(b)] (2) (a) In response to a request for a record, a governmental entity may not
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[, if]; and
199          (ii) the governmental entity is authorized by state statute to conduct an audit.
200          [(c)] (b) If a governmental entity is prohibited from providing a record under
201     Subsection [(2)(b), it] (2)(a), the governmental entity shall:
202          (i) deny the records request; and
203          (ii) inform the person making the request [that records requests must be submitted to
204     the governmental entity that prepares, owns, or retains the record] of the identity of the
205     governmental entity from which the shared record was received.
206          [(d)] (3) A governmental entity may make rules in accordance with Title 63G, Chapter
207     3, Utah Administrative Rulemaking Act, specifying where and to whom requests for access
208     shall be directed.
209          [(3)] (4) After receiving a request for a record, a governmental entity shall:
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
217     person:
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
220     63G-2-205;
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 [(5)] (6), it cannot immediately approve or deny the request, and include with the
225     notice:
226          (A) a description of the circumstances that constitute the extraordinary circumstances;
227     and
228          (B) the date when the records will be available, consistent with the requirements of
229     Subsection [(6)] (7).
230          [(4)] (5) Any person who requests a record to obtain information for a story or report
231     for publication or broadcast to the general public is presumed to be acting to benefit the public
232     rather than a person.
233          [(5)] (6) The following circumstances constitute "extraordinary circumstances" that
234     allow a governmental entity to delay approval or denial by an additional period of time as
235     specified in Subsection [(6)] (7) if the governmental entity determines that due to the
236     extraordinary circumstances it cannot respond within the time limits provided in Subsection
237     [(3)] (4):
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
252     law;
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.
257          [(6)] (7) If one of the extraordinary circumstances listed in Subsection [(5)] (6)
258     precludes approval or denial within the time specified in Subsection [(3)] (4), the following
259     time limits apply to the extraordinary circumstances:
260          (a) for claims under Subsection [(5)] (6)(a), the governmental entity currently in
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 [(5)] (6)(b), the originating governmental entity shall
264     notify the requester when the record is available for inspection and copying;
265          (c) for claims under Subsections [(5)] (6)(c), (d), and (e), the governmental entity shall:
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 [(3)] (4), a governmental entity may choose to:
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 [(5)] (6)(f), the governmental entity shall either
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 [(5)] (6)(g), the governmental entity shall fulfill the
281     request within 15 business days from the date of the original request; or
282          (f) for claims under Subsection [(5)] (6)(h), the governmental entity shall complete its
283     programming and disclose the requested records as soon as reasonably possible.
284          [(7)] (8) (a) If a request for access is submitted to an office of a governmental entity
285     other than that specified by rule in accordance with Subsection [(2)] (3), the office shall
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
288     [record] request is received by the office specified by rule.
289          [(8)] (9) If the governmental entity fails to provide the requested records or issue a
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
302     purpose;
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
317     assurance:
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
326     (6)(b).
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
335     63G-2-305(4).

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
352     if:
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:
372          [(a)] (i) records held by the Division of Oil, Gas, and Mining that pertain to any person
373     and that are gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas,
374     and Mining;
375          [(b)] (ii) except as provided in Subsection (8)(b), records of publicly funded libraries as
376     described in Subsection 63G-2-302(1)(c); and
377          [(c)] (iii) a record described in Section 63G-12-210.
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
402     63G-2-204[(8)](9) or Section 63G-2-205, in whole or in part, of a record request.
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
419     appeal.
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[(8)](9), if that
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[(3)](4), and, if the requester

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[(8)](9).
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
451     confidentiality.
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
474     access.
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 [of a denial of] to determine whether a requester is entitled to
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
505     consider:
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.