Senator Todd D. Weiler proposes the following substitute bill:





Chief Sponsor: Todd D. Weiler

House Sponsor: Steve R. Christiansen


9     General Description:
10          This bill modifies a provision relating to judicial review of State Records Committee
11     decisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     allows a court to remand a petition for judicial review to the State Records
15     Committee under certain circumstances.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-2-404, as last amended by Laws of Utah 2019, Chapter 254

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-2-404 is amended to read:

26          63G-2-404. Judicial review.
27          (1) (a) A petition for judicial review of an order or decision, as allowed under this part
28     or in Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the
29     order or decision.
30          (b) The State Records Committee is a necessary party to a petition for judicial review
31     of a State Records Committee order.
32          (c) The executive secretary of the State Records Committee shall be served with notice
33     of a petition for judicial review of a State Records Committee order, in accordance with the
34     Utah Rules of Civil Procedure.
35          (2) A petition for judicial review is a complaint governed by the Utah Rules of Civil
36     Procedure and shall contain:
37          (a) the petitioner's name and mailing address;
38          (b) a copy of the State Records Committee order from which the appeal is taken, if the
39     petitioner is seeking judicial review of an order of the State Records Committee;
40          (c) the name and mailing address of the governmental entity that issued the initial
41     determination with a copy of that determination;
42          (d) a request for relief specifying the type and extent of relief requested; and
43          (e) a statement of the reasons why the petitioner is entitled to relief.
44          (3) If the appeal is based on the denial of access to a protected record based on a claim
45     of business confidentiality, the court shall allow the claimant of business confidentiality to
46     provide to the court the reasons for the claim of business confidentiality.
47          (4) All additional pleadings and proceedings in the district court are governed by the
48     Utah Rules of Civil Procedure.
49          (5) The district court may review the disputed records. The review shall be in camera.
50          (6) (a) The court shall:
51          (i) make the court's decision de novo, but, for a petition seeking judicial review of a
52     State Records Committee order, allow introduction of evidence presented to the State Records
53     Committee;
54          (ii) determine all questions of fact and law without a jury; and
55          (iii) decide the issue at the earliest practical opportunity.
56          [(b) In a court's review and decision of a petition seeking judicial review of a State

57     Records Committee order, the court may not remand the petition to the State Records
58     Committee for any additional proceedings.]
59          (b) A court may remand a petition for judicial review to the State Records Committee
60     if:
61          (i) the remand is to allow the State Records Committee to decide an issue that:
62          (A) involves access to a record; and
63          (B) the State Records Committee has not previously addressed in the proceeding that
64     led to the petition for judicial review; and
65          (ii) the court determines that remanding to the State Records Committee is in the best
66     interests of justice.
67          (7) (a) Except as provided in Section 63G-2-406, the court may, upon consideration
68     and weighing of the various interests and public policies pertinent to the classification and
69     disclosure or nondisclosure, order the disclosure of information properly classified as private,
70     controlled, or protected if the interest favoring access is greater than or equal to the interest
71     favoring restriction of access.
72          (b) The court shall consider and, where appropriate, limit the requester's use and
73     further disclosure of the record in order to protect privacy interests in the case of private or
74     controlled records, business confidentiality interests in the case of records protected under
75     Subsections 63G-2-305(1) and (2), and privacy interests or the public interest in the case of
76     other protected records.