Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 118 First Substitute (2016GS)

Sponsor

Rep. Greene, B.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses access of information on public state-controlled websites;
• addresses application of the Government Records Access and Management Act; and
• addresses the Open and Public Meetings Act.

Every vote on this bill

Bill text

PUBLIC ACCESS OF ADMINISTRATIVE ACTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian M. Greene
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Administrative Procedures Act to address public access to
administrative actions.
Highlighted Provisions:
This bill:
▸ addresses access of information on public state-controlled websites;
▸ addresses application of the Government Records Access and Management Act; and
▸ addresses the Open and Public Meetings Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63G-4-106
, Utah Code Annotated 1953
63G-4-107
, Utah Code Annotated 1953
63G-4-108
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-4-106
 is enacted to read:
 63G-4-106.
Access to information on state-controlled websites.
(1) As used in this section and Sections 
63G-4-107
 and 
63G-4-108
:
(a) "Administrative disciplinary action" means, subject to the limitations described in
Section 
63G-4-102
, state agency action against the interest of an individual that affects a legal
right, duty, privilege, immunity, or other legal interest of an individual, including agency action
to deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license.
(b) "Record of administrative disciplinary action" means a notice, request, complaint,
report, order, or other information related to an administrative disciplinary action.
(c) "State-controlled website" means a website:
(i) operated by:
(A) an agency; or
(B) a third party pursuant to a contract with an agency under which the agency controls
the data available to the public; and
(ii) that includes personally identifiable information.
(2) Unless otherwise required by federal law, if an agency maintains, on a
state-controlled website available to the public, a record of administrative disciplinary action,
the agency shall remove the record of administrative disciplinary action from public access on
the state-controlled website by no later than 10 years from the date:
(a) a final order related to the administrative disciplinary action was issued; or
(b) the administrative disciplinary action was commenced, if no final order was issued
related to the administrative disciplinary action.
(3) Notwithstanding Subsection (2):
(a) a record of administrative disciplinary action issued in accordance with this chapter
shall maintain its record classification pursuant to Subsection 
63G-2-301
(2)(c) or (3)(t); and
(b) a person may make a request for the record of administrative disciplinary action in
accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Section 2. Section 
63G-4-107
 is enacted to read:
 63G-4-107.
Petition to remove agency action from public access.
(1) An individual may petition the agency that maintains, on a state-controlled website
available to the public, a record of administrative disciplinary action, to remove the record of
administrative disciplinary action from public access on the state-controlled website, if:
(a) (i) five years have passed since:
(A) the date the final order was issued; or
(B) if no final order was issued, the date the administrative disciplinary action was
commenced; or
(ii) the individual has obtained a criminal expungement order under Title 77, Chapter
40, Utah Expungement Act, for the individual's criminal records related to the same incident or
conviction upon which the administrative disciplinary action was based;
(b) the individual has successfully completed all action required by the agency relating
to the administrative disciplinary action within the time frame set forth in the final order, or if
no time frame is specified in the final order, within the time frame set forth in Title 63G,
Chapter 4, Administrative Procedures Act;
(c) from the time that the original administrative disciplinary action was filed, the
individual has not violated the same statutory provisions or administrative rules related to those
statutory provisions that resulted in the original administrative disciplinary action; and
(d) the individual pays an application fee determined by the agency in accordance with
Section 
63J-1-504
.
(2) The individual petitioning the agency under Subsection (1) shall provide the agency
with a written request containing the following information:
(a) the petitioner's full name, address, telephone number, and date of birth;
(b) the information the petitioner seeks to remove from public access; and
(c) an affidavit certifying that the petitioner is in compliance with the provisions of
Subsection (1).
(3) Within 30 days of receiving the documents and information described in
Subsection (2):
(a) the agency shall review the petition and all documents submitted with the petition
to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
(b) if the agency determines that the petitioner has met the requirements of Subsections
(1) and (2), the agency shall immediately remove the record of administrative disciplinary
action from public access on the state-controlled website.
(4) Notwithstanding the provisions of Subsection (3), an agency is not required to
remove a recording, written minutes, or other electronic information from the Utah Public
Notice Website, created under Section 
63F-1-701
, if the recording, written minutes, or other
electronic information is required to be available to the public on the Utah Public Notice
Website under the provisions of Title 52, Chapter 4, Open and Public Meetings Act.
Section 3. Section 
63G-4-108
 is enacted to read:
 63G-4-108.
Impact on duty to disclose an administrative action.
The removal of a record of an administrative disciplinary action from a state-controlled
website in accordance with Section 
63G-4-106
 or 
63G-4-107
 does not affect any separate legal
duty or requirement that the subject of the administrative disciplinary action may have to
disclose the action.