Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 231 Fourth Substitute (2023GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that a governmental entity is not required to create a document indicating that a requested record does not exist;
• requires a governmental entity to conduct a reasonable search for a record;
• enacts a provision establishing a process for a governmental entity to petition for relief against a vexatious requester;
• provides for a hearing before the State Records Committee;
• allows for judicial review of the State Records Committee's decision;
• allows the court to award reasonable attorney fees to a responder for a vexatious requester petition found to be without merit and waives governmental immunity for a claim of attorney fees;
• requires a person outside of a governmental entity who makes a claim of business confidentiality for a record the person provided to a governmental entity to indemnify the governmental entity in an action arising from the governmental entity's denial of access to the record;
• limits judicial review of an appeal to the issues raised in the underlying appeal and order, except in exceptional circumstances;
• authorizes the legislative branch, the judicial branch, and the governor and lieutenant governor to establish a process for obtaining relief against a vexatious requester;
• amends the act's applicability to the governor and lieutenant governor;
• clarifies the Utah Supreme Court's jurisdiction over appeals under the act;
• defines terms; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GOVERNMENT RECORDS ACCESS AND MANAGEMENT ACT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Anthony E. Loubet
LONG TITLE
General Description:
This bill makes changes related to the Government Records Access and Management
Act (act).
Highlighted Provisions:
This bill:
▸ provides that a governmental entity is not required to create a document indicating
that a requested record does not exist;
▸ requires a governmental entity to conduct a reasonable search for a record;
▸ enacts a provision establishing a process for a governmental entity to petition for
relief against a vexatious requester;
▸ provides for a hearing before the State Records Committee;
▸ allows for judicial review of the State Records Committee's decision;
▸ allows the court to award reasonable attorney fees to a responder for a vexatious
requester petition found to be without merit and waives governmental immunity for
a claim of attorney fees;
▸ requires a person outside of a governmental entity who makes a claim of business
confidentiality for a record the person provided to a governmental entity to
indemnify the governmental entity in an action arising from the governmental
entity's denial of access to the record;
▸ limits judicial review of an appeal to the issues raised in the underlying appeal and
order, except in exceptional circumstances;
▸ authorizes the legislative branch, the judicial branch, and the governor and
lieutenant governor to establish a process for obtaining relief against a vexatious
requester;
▸ amends the act's applicability to the governor and lieutenant governor;
▸ clarifies the Utah Supreme Court's jurisdiction over appeals under the act;
▸ defines terms; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-2-103
, as last amended by Laws of Utah 2021, Chapters 211, 283
63G-2-201
, as last amended by Laws of Utah 2019, Chapter 334
63G-2-309
, as last amended by Laws of Utah 2019, Chapter 254
63G-2-404
, as last amended by Laws of Utah 2021, Chapter 325
63G-2-604
, as last amended by Laws of Utah 2019, Chapter 254
63G-2-702
, as last amended by Laws of Utah 2012, Chapter 369
63G-2-703
, as last amended by Laws of Utah 2015, Chapter 258
63G-7-301
, as last amended by Laws of Utah 2022, Chapters 388, 428
78A-4-103
, as last amended by Laws of Utah 2022, Chapter 388
ENACTS:
63G-2-209
, Utah Code Annotated 1953
63G-2-704
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-2-103
 is amended to read:
63G-2-103.
Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records
for the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of data from the
computer system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the
original data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 
63G-2-304
.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority of
records in a record series would be given if classified and the classification that other records
typically present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, local district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
the Board of Examiners, the National Guard, the Career Service Review Office, the State
Board of Education, the Utah Board of Higher Education, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 
63G-2-701
, this
chapter shall apply to the political subdivision to the extent specified in Section 
63G-2-701
 or
as specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection (11)(a) that is funded or established by the
government to carry out the public's business;
(ii) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking;
(iii) as defined in Section 
11-13a-102
, a governmental nonprofit corporation;
(iv) an association as defined in Section 
53G-7-1101
;
(v) the Utah Independent Redistricting Commission; and
(vi) a law enforcement agency, as defined in Section 
53-1-102
, that employs one or
more law enforcement officers, as defined in Section 
53-13-103
.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created
in Section 
53B-8a-103
.
(12) "Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection (14)(a)
appears in follow-up or investigative reports, it may only be treated confidentially if it is
private, controlled, protected, or exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(c) Initial contact reports do not include accident reports, as that term is described in
Title 41, Chapter 6a, Part 4, Accident Responsibilities.
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with an order of the State Records Committee.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as
provided by Section 
63G-2-302
.
(20) "Protected record" means a record that is classified protected as provided by
Section 
63G-2-305
.
(21) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 
63G-2-201
(3)(b).
(22) "Reasonable search" means a search that is:
(a) reasonable in scope and intensity; and
(b) not unreasonably burdensome for the government entity.
[
(22)
] 
(23)
 (a) "Record" means a book, letter, document, paper, map, plan, photograph,
film, card, tape, recording, electronic data, or other documentary material regardless of physical
form or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the
originator's personal use or for the personal use of an individual for whom the originator is
working;
(x) a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body, other than an association or appeals panel as defined
in Section 
53G-7-1101
, charged by law with performing a quasi-judicial function;
(xii) a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided that the
employee or officer of the governmental entity has designated at least one business telephone
number that is a public record as provided in Section 
63G-2-301
;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 
49-20-103
, to a county to enable the county to calculate the amount to be
paid to a health care provider under Subsection 
17-50-319
(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 
11-42-205
;
(xv) a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under Section 
67-5b-102
;
(xvi) child pornography, as defined by Section 
76-5b-103
;
(xvii) before final disposition of an ethics complaint occurs, a video or audio recording
of the closed portion of a meeting or hearing of:
(A) a Senate or House Ethics Committee;
(B) the Independent Legislative Ethics Commission;
(C) the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D) the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
; or
(xviii) confidential communication described in Section 
58-60-102
, 
58-61-102
, or
58-61-702
.
[
(23)
] 
(24)
 "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
[
(24)
] 
(25)
 "Records officer" means the individual appointed by the chief
administrative officer of each governmental entity, or the political subdivision to work with
state archives in the care, maintenance, scheduling, designation, classification, disposal, and
preservation of records.
[
(25)
] 
(26)
 "Schedule," "scheduling," and their derivative forms mean the process of
specifying the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
[
(26)
] 
(27)
 "Sponsored research" means research, training, and other sponsored
activities as defined by the federal Executive Office of the President, Office of Management
and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102
; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
[
(27)
] 
(28)
 "State archives" means the Division of Archives and Records Service
created in Section 
63A-12-101
.
[
(28)
] 
(29)
 "State archivist" means the director of the state archives.
[
(29)
] 
(30)
 "State Records Committee" means the State Records Committee created in
Section 
63G-2-501
.
[
(30)
] 
(31)
 "Summary data" means statistical records and compilations that contain
data derived from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 2. Section 
63G-2-201
 is amended to read:
63G-2-201.
Provisions relating to records -- Public records -- Private, controlled,
protected, and other restricted records -- Disclosure and nondisclosure of records --
Certified copy of record -- Limits on obligation to respond to record request.
(1) (a) Except as provided in Subsection (1)(b), a person has the right to inspect a
public record free of charge, and the right to take a copy of a public record during normal
working hours, subject to Sections 
63G-2-203
 and 
63G-2-204
.
(b) A right under Subsection (1)(a) does not apply with respect to a record:
(i) a copy of which the governmental entity has already provided to the person;
(ii) that is the subject of a records request that the governmental entity is not required
to fill under Subsection [
(8)(e)
] 
(8)(a)(v)
; or
(iii) (A) that is accessible only by a computer or other electronic device owned or
controlled by the governmental entity;
(B) that is part of an electronic file that also contains a record that is private,
controlled, or protected; and
(C) that the governmental entity cannot readily segregate from the part of the electronic
file that contains a private, controlled, or protected record.
(2) A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) a record that is private, controlled, or protected under Sections 
63G-2-302
,
63G-2-303
, 
63G-2-304
, and 
63G-2-305
; and
(b) a record to which access is restricted pursuant to court rule, another state statute,
federal statute, or federal regulation, including records for which access is governed or
restricted as a condition of participation in a state or federal program or for receiving state or
federal funds.
(4) Only a record specified in Section 
63G-2-302
, 
63G-2-303
, 
63G-2-304
, or
63G-2-305
 may be classified private, controlled, or protected.
(5) (a) A governmental entity may not disclose a record that is private, controlled, or
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
63G-2-202
, 
63G-2-206
, or 
63G-2-303
.
(b) A governmental entity may disclose a record that is private under Subsection
63G-2-302
(2) or protected under Section 
63G-2-305
 to persons other than those specified in
Section 
63G-2-202
 or 
63G-2-206
 if the head of a governmental entity, or a designee,
determines that:
(i) there is no interest in restricting access to the record; or
(ii) the interests favoring access are greater than or equal to the interest favoring
restriction of access.
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
disclose a record that is protected under Subsection 
63G-2-305
(51) if:
(i) the head of the governmental entity, or a designee, determines that the disclosure:
(A) is mutually beneficial to:
(I) the subject of the record;
(II) the governmental entity; and
(III) the public; and
(B) serves a public purpose related to:
(I) public safety; or
(II) consumer protection; and
(ii) the person who receives the record from the governmental entity agrees not to use
or allow the use of the record for advertising or solicitation purposes.
(6) (a) The disclosure of a record to which access is governed or limited pursuant to
court rule, another state statute, federal statute, or federal regulation, including a record for
which access is governed or limited as a condition of participation in a state or federal program
or for receiving state or federal funds, is governed by the specific provisions of that statute,
rule, or regulation.
(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
is not inconsistent with the statute, rule, or regulation.
(7) A governmental entity shall provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) 
(a)
 In response to a request, a governmental entity is not required to:
[
(a)
] 
(i)
 create a record;
[
(b)
] 
(ii)
 compile, format, manipulate, package, summarize, or tailor information;
[
(c)
] 
(iii)
 provide a record in a particular format, medium, or program not currently
maintained by the governmental entity;
[
(d)
] 
(iv)
 fulfill a person's records request if the request unreasonably duplicates prior
records requests from that person; [
or
]
[
(e)
] 
(v)
 fill a person's records request if:
[
(i)
] 
(A)
 the record requested is:
[
(A)
] 
(I)
 publicly accessible online; or
[
(B)
] 
(II)
 included in a public publication or product produced by the governmental
entity receiving the request; and
[
(ii)
] 
(B)
 the governmental entity:
[
(A)
] 
(I)
 specifies to the person requesting the record where the record is accessible
online; or
[
(B)
] 
(II)
 provides the person requesting the record with the public publication or
product and specifies where the record can be found in the public publication or product[
.
]
; or
(vi) fulfill a person's records request if:
(A) the person has been determined under Section 
63G-2-209
 to be a vexatious
requester;
(B) the State Records Committee order determining the person to be a vexatious
requester provides that the governmental entity is not required to fulfill a request from the
person for a period of time; and
(C) the period of time described in Subsection (8)(a)(vi)(B) has not expired.
(b) A governmental entity shall conduct a reasonable search for a requested record.
(9) (a) Although not required to do so, a governmental entity may, upon request from
the person who submitted the records request, compile, format, manipulate, package,
summarize, or tailor information or provide a record in a format, medium, or program not
currently maintained by the governmental entity.
(b) In determining whether to fulfill a request described in Subsection (9)(a), a
governmental entity may consider whether the governmental entity is able to fulfill the request
without unreasonably interfering with the governmental entity's duties and responsibilities.
(c) A governmental entity may require a person who makes a request under Subsection
(9)(a) to pay the governmental entity, in accordance with Section 
63G-2-203
, for providing the
information or record as requested.
(10) (a) Notwithstanding any other provision of this chapter, and subject to Subsection
(10)(b), a governmental entity is not required to respond to, or provide a record in response to,
a record request if the request is submitted by or in behalf of an individual who is confined in a
jail or other correctional facility following the individual's conviction.
(b) Subsection (10)(a) does not apply to:
(i) the first five record requests submitted to the governmental entity by or in behalf of
an individual described in Subsection (10)(a) during any calendar year requesting only a record
that contains a specific reference to the individual; or
(ii) a record request that is submitted by an attorney of an individual described in
Subsection (10)(a).
(11) (a) A governmental entity may allow a person requesting more than 50 pages of
records to copy the records if:
(i) the records are contained in files that do not contain records that are exempt from
disclosure, or the records may be segregated to remove private, protected, or controlled
information from disclosure; and
(ii) the governmental entity provides reasonable safeguards to protect the public from
the potential for loss of a public record.
(b) If the requirements of Subsection (11)(a) are met, the governmental entity may:
(i) provide the requester with the facilities for copying the requested records and
require that the requester make the copies; or
(ii) allow the requester to provide the requester's own copying facilities and personnel
to make the copies at the governmental entity's offices and waive the fees for copying the
records.
(12) (a) A governmental entity that owns an intellectual property right and that offers
the intellectual property right for sale or license may control by ordinance or policy the
duplication and distribution of the material based on terms the governmental entity considers to
be in the public interest.
(b) Nothing in this chapter shall be construed to limit or impair the rights or protections
granted to the governmental entity under federal copyright or patent law as a result of its
ownership of the intellectual property right.
(13) A governmental entity may not use the physical form, electronic or otherwise, in
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and
receive a copy of a record under this chapter.
(14) Subject to the requirements of Subsection (8), a governmental entity shall provide
access to an electronic copy of a record in lieu of providing access to its paper equivalent if:
(a) the person making the request requests or states a preference for an electronic copy;
(b) the governmental entity currently maintains the record in an electronic format that
is reproducible and may be provided without reformatting or conversion; and
(c) the electronic copy of the record:
(i) does not disclose other records that are exempt from disclosure; or
(ii) may be segregated to protect private, protected, or controlled information from
disclosure without the undue expenditure of public resources or funds.
(15) In determining whether a record is properly classified as private under Subsection
63G-2-302
(2)(d), the governmental entity, State Records Committee, local appeals board, or
court shall consider and weigh:
(a) any personal privacy interests, including those in images, that would be affected by
disclosure of the records in question; and
(b) any public interests served by disclosure. 
Section 3. Section 
63G-2-209
 is enacted to read:
 63G-2-209.
Vexatious requester.
(1) As used in this section:
(a) "Committee" means the State Records Committee created in Section 
63G-2-501
.
(b) "Executive secretary" means an individual appointed as executive secretary under
Subsection 
63G-2-502
(3).
(c) "Respondent" means a person that a governmental entity claims is a vexatious
requester under this section.
(2) (a) A governmental entity may file a petition with the committee to request relief
from a person that the governmental entity claims is a vexatious requester.
(b) A petition under Subsection (2)(a) shall:
(i) be filed with the committee by submitting the petition to the executive secretary;
and
(ii) contain:
(A) the name, phone number, mailing address, and email address that the respondent
submitted to the governmental entity;
(B) a description of the conduct that the governmental entity claims demonstrates that
the respondent is a vexatious requester;
(C) a statement of the relief the governmental entity seeks; and
(D) a sworn declaration or an unsworn declaration, as those terms are defined in
Section 
78B-18a-102
.
(c) On the day the governmental entity files a petition under Subsection (2)(a), the
governmental entity shall send a copy of the petition to the respondent.
(3) (a) Except as provided in Subsection (3)(c), no later than seven business days after
receiving the petition the executive secretary shall schedule a hearing for the committee to
consider the petition, to be held:
(i) (A) at the next regularly scheduled committee meeting falling at least 16 calendar
days after the date the petition is filed but no later than 64 calendar days after the date the
petition is filed; or
(B) at a regularly scheduled committee meeting that is later than the period described
in Subsection (3)(a)(i)(A) if the later committee meeting is the first regularly scheduled
committee meeting at which there are fewer than 10 appeals scheduled to be heard; or
(ii) at a date sooner than a period described in Subsection (3)(a)(i) if the governmental
entity:
(A) requests an expedited hearing; and
(B) shows good cause for the expedited hearing.
(b) If the executive secretary schedules a hearing under Subsection (3)(a), the executive
secretary shall:
(i) send a copy of the petition to each member of the committee;
(ii) send a copy of the notice of hearing to the governmental entity, the respondent, and
each member of the committee; and
(iii) if applicable, send a copy of the respondent's statement under Subsection (3)(c)(ii)
to the governmental entity and each member of the committee.
(c) (i) The executive secretary may decline to schedule a hearing if:
(A) the executive secretary recommends that the committee deny the petition without a
hearing because the petition does not warrant a hearing;
(B) the executive secretary consults with the chair of the committee and at least one
other member of the committee; and
(C) the chair of the committee and all committee members with whom the executive
secretary consults under this Subsection (3)(c)(i) agree with the executive secretary's
recommendation to deny the petition without a hearing.
(ii) The executive secretary may, in making the determination described in Subsection
(3)(c)(i)(A), request that the respondent submit a written response to the petition.
(d) If the executive secretary declines to schedule a hearing in accordance with
Subsection (3)(c):
(i) the executive secretary shall send a notice to the governmental entity and the
respondent indicating that the request for a hearing has been denied and the reasons for the
denial; and
(ii) the committee shall:
(A) vote at the committee's next regular meeting to accept or reject the
recommendation to deny the petition without a hearing;
(B) issue an order that includes the reasons for the committee's decision to accept or
reject the recommendation; and
(C) if the committee rejects the recommendation to deny the petition without a hearing,
direct the executive secretary to schedule a hearing as provided in Subsection (3)(a).
(4) (a) No later than five business days before the hearing, the respondent may submit
to the executive secretary and the governmental entity a written statement in response to the
governmental entity's petition.
(b) The written statement described in Subsection (4)(a) may be the same document as
the respondent's written response described in Subsection (3)(c)(ii).
(5) No later than 10 business days before a hearing under this section, a person whose
legal interests may be substantially affected by the proceeding may file a request for
intervention with the committee as provided in Subsection 
63G-2-403
(6).
(6) If a respondent fails to submit a written statement under Subsection (4) or fails to
appear at the hearing, the committee shall:
(a) cancel the hearing; or
(b) hold the hearing in accordance with Subsection (7).
(7) (a) If the committee holds a hearing scheduled under Subsection (3), the committee
shall:
(i) allow the governmental entity to testify, present evidence, and comment on the
issues; and
(ii) allow the respondent to testify, present evidence, and comment on the issues if the
respondent appears at the hearing.
(b) At the hearing, the committee may allow another interested person to comment on
the issues.
(c) (i) Discovery is prohibited, but the committee may issue subpoenas or other orders
to compel production of necessary testimony or evidence.
(ii) If the subject of a committee subpoena disobeys or fails to comply with the
subpoena, the committee may file a motion with the district court for an order to compel
obedience to the subpoena.
(8) (a) No later than seven business days after a hearing is held as scheduled under
Subsection (3) or the date on which a hearing cancelled under Subsection (6) was scheduled to
be held, the committee shall:
(i) determine, in accordance with Subsection (9), whether the governmental entity has
demonstrated that the respondent is a vexatious requester; and
(ii) issue a signed order that grants or denies the petition in whole or in part.
(b) Upon granting the petition in whole or in part, the committee may order that the
governmental entity is not required to fulfill requests from the respondent or a person that
submits a request on the respondent's behalf for a period of time that may not exceed one year.
(c) The committee's order shall contain:
(i) a statement of the reasons for the committee's decision;
(ii) if the petition is granted in whole or in part, a specific description of the conduct
the committee determines demonstrates that the respondent is a vexatious requester, including
any conduct the committee finds to constitute an abuse of the right of access to information
under this chapter or a substantial interference with the operations of the governmental entity;
(iii) a statement that the respondent or governmental entity may seek judicial review of
the committee's decision in district court as provided in Section 
63G-2-404
; and
(iv) a brief summary of the judicial review process, the time limits for seeking judicial
review, and a notice that, in order to protect applicable rights in connection with the judicial
review, the person seeking judicial review of the committee's decision may wish to seek advice
from an attorney.
(9) In determining whether a governmental entity has demonstrated that the respondent
is a vexatious requester, the committee shall consider:
(a) the interests described in Section 
63G-2-102
;
(b) as applicable:
(i) the number of requests the respondent has submitted to the governmental entity,
including the number of pending record requests;
(ii) the scope, nature, content, language, and subject matter of record requests the
respondent has submitted to the governmental entity;
(iii) the nature, content, language, and subject matter of any communications to the
governmental entity related to a record request of the respondent; and
(iv) any pattern of conduct that the committee determines to constitute:
(A) an abuse of the right of access to information under this chapter; or
(B) substantial interference with the operations of the governmental entity; and
(c) any other factor the committee considers relevant.
(10) (a) A governmental entity or respondent aggrieved by the committee's decision
under this section may seek judicial review of the decision as provided in Section 
63G-2-404
.
(b) In a judicial review under Subsection (10)(a), the court may award reasonable
attorney fees to a respondent if:
(i) the respondent substantially prevails; and
(ii) the court determines that:
(A) the petition filed by the governmental entity under Subsection (2) is without merit;
and
(B) the governmental entity's actions in filing the petition lack a reasonable basis in
fact or law.
(c) Except for the waiver of immunity in Subsection 
63G-7-301
(2)(e), a claim for
attorney fees under this Subsection (10) is not subject to Chapter 7, Governmental Immunity
Act of Utah.
(11) Notwithstanding any other provision of this chapter, a records request that a
governmental entity is not required to fulfill in accordance with an order issued under this
section may not be the subject of an appeal under Part 4, Appeals.
(12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the committee shall make rules to implement this section.
Section 4. Section 
63G-2-309
 is amended to read:
63G-2-309.
Confidentiality claims.
(1) (a) (i) Any person who provides to a governmental entity a record that the person
believes should be protected under Subsection 
63G-2-305
(1) or (2) or both Subsections
63G-2-305
(1) and (2) shall provide with the record:
(A) a written claim of business confidentiality; and
(B) a concise statement of reasons supporting the claim of business confidentiality.
(ii) Any of the following who provides to an institution within the state system of
higher education defined in Section 
53B-1-102
 a record that the person or governmental entity
believes should be protected under Subsection 
63G-2-305
(40)(a)(ii) or (vi) or both Subsections
63G-2-305
(40)(a)(ii) and (vi) shall provide the institution within the state system of higher
education a written claim of business confidentiality in accordance with Section 
53B-16-304
:
(A) a person;
(B) a federal governmental entity;
(C) a state governmental entity; or
(D) a local governmental entity.
(b) A person or governmental entity who complies with this Subsection (1) shall be
notified by the governmental entity to whom the request for a record is made if:
(i) a record claimed to be protected under one of the following is classified public:
(A) Subsection 
63G-2-305
(1);
(B) Subsection 
63G-2-305
(2);
(C) Subsection 
63G-2-305
(40)(a)(ii);
(D) Subsection 
63G-2-305
(40)(a)(vi); or
(E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D);
or
(ii) the governmental entity to whom the request for a record is made determines that
the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be
released after balancing interests under Subsection 
63G-2-201
(5)(b) or 
63G-2-401
(6).
(c) A person who makes a claim of business confidentiality under this Subsection (1)
shall protect, defend, and indemnify the governmental entity that retains the record, and all staff
and employees of the governmental entity from and against any claims, liability, or damages
resulting from or arising from a denial of access to the record as a protected record based on the
claim of business confidentiality.
(2) (a) Except as provided in Subsection (2)(b) or by court order, the governmental
entity to whom the request for a record is made may not disclose a record claimed to be
protected under a provision listed in Subsection (1)(b)(i) but which the governmental entity or
State Records Committee determines should be disclosed until the period in which to bring an
appeal expires or the end of the appeals process, including judicial appeal.
(b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the
claim by not appealing or intervening before the State Records Committee.
(3) Disclosure or acquisition of information under this chapter does not constitute
misappropriation under Subsection 
13-24-2
(2).
Section 5. Section 
63G-2-404
 is amended to read:
63G-2-404.
Judicial review.
(1) (a) A petition for judicial review of an order or decision, as allowed under this part
,
in Section 
63G-2-209
,
 or in Subsection 
63G-2-701
(6)(a)(ii), shall be filed no later than 30 days
after the date of the order or decision.
(b) The State Records Committee is a necessary party to a petition for judicial review
of a State Records Committee order.
(c) The executive secretary of the State Records Committee shall be served with notice
of a petition for judicial review of a State Records Committee order, in accordance with the
Utah Rules of Civil Procedure.
(2) 
(a)
 A petition for judicial review is a complaint governed by the Utah Rules of Civil
Procedure and shall contain:
[
(a)
] 
(i)
 the petitioner's name and mailing address;
[
(b)
] 
(ii)
 a copy of the State Records Committee order from which the appeal is taken,
if the petitioner is seeking judicial review of an order of the State Records Committee;
[
(c)
] 
(iii)
 the name and mailing address of the governmental entity that issued the
initial determination with a copy of that determination;
[
(d)
] 
(iv)
 a request for relief specifying the type and extent of relief requested; and
[
(e)
] 
(v)
 a statement of the reasons why the petitioner is entitled to relief.
(b) Except in exceptional circumstances, a petition for judicial review may not raise an
issue that was not raised in the underlying appeal and order.
(3) If the appeal is based on the denial of access to a protected record based on a claim
of business confidentiality, the court shall allow the claimant of business confidentiality to
provide to the court the reasons for the claim of business confidentiality.
(4) All additional pleadings and proceedings in the district court are governed by the
Utah Rules of Civil Procedure.
(5) The district court may review the disputed records. The review shall be in camera.
(6) (a) The court shall:
(i) make the court's decision de novo, but, for a petition seeking judicial review of a
State Records Committee order, allow introduction of evidence presented to the State Records
Committee;
(ii) determine all questions of fact and law without a jury; and
(iii) decide the issue at the earliest practical opportunity.
(b) A court may remand a petition for judicial review to the State Records Committee
if:
(i) the remand is to allow the State Records Committee to decide an issue that:
(A) involves access to a record; and
(B) the State Records Committee has not previously addressed in the proceeding that
led to the petition for judicial review; and
(ii) the court determines that remanding to the State Records Committee is in the best
interests of justice.
(7) (a) Except as provided in Section 
63G-2-406
, the court may, upon consideration
and weighing of the various interests and public policies pertinent to the classification and
disclosure or nondisclosure, order the disclosure of information properly classified as private,
controlled, or protected if the interest favoring access is greater than or equal to the interest
favoring restriction of access.
(b) The court shall consider and, where appropriate, limit the requester's use and
further disclosure of the record in order to protect privacy interests in the case of private or
controlled records, business confidentiality interests in the case of records protected under
Subsections 
63G-2-305
(1) and (2), and privacy interests or the public interest in the case of
other protected records.
Section 6. Section 
63G-2-604
 is amended to read:
63G-2-604.
Retention and disposition of records.
(1) (a) Except for a governmental entity that is permitted to maintain the governmental
entity's own retention schedules under [
Part 7, Applicability to Political Subdivisions, the
Judiciary, and the Legislature
] 
Part 7, Applicability to Political Subdivisions, the Judiciary, the
Legislature, and the Governor and Lieutenant Governor
, each governmental entity shall file
with the Records Management Committee created in Section 
63A-12-112
 a proposed schedule
for the retention and disposition of each type of material that is defined as a record under this
chapter.
(b) After a retention schedule is reviewed and approved by the Records Management
Committee under Subsection 
63A-12-113
(1)(b), the governmental entity shall maintain and
destroy records in accordance with the retention schedule.
(c) If a governmental entity subject to the provisions of this section has not received an
approved retention schedule from the Records Management Committee for a specific type of
material that is classified as a record under this chapter, the model retention schedule
maintained by the state archivist shall govern the retention and destruction of that type of
material.
(2) A retention schedule that is filed with or approved by the Records Management
Committee under the requirements of this section is a public record.
Section 7. Section 
63G-2-702
 is amended to read:
Part 7. Applicability to Political Subdivisions, the Judiciary, the Legislature, and the
Governor and Lieutenant Governor
63G-2-702.
Applicability to the judiciary.
(1) The judiciary is subject to the provisions of this chapter except as provided in this
section.
(2) (a) The judiciary is not subject to
:
(i) Section 
63G-2-209
; or
(ii)
 Part 4, Appeals, except as provided in Subsection [
(5)
] 
(6)
.
(b) The judiciary is not subject to Part 5, State Records Committee, and Part 6,
Collection of Information and Accuracy of Records.
(c) The judiciary is subject to only the following sections in Part 9, Public
Associations: Sections 
63A-12-105
 and 
63A-12-106
.
(3) The Judicial Council, the Administrative Office of the Courts, the courts, and other
administrative units in the judicial branch shall designate and classify their records in
accordance with Sections 
63G-2-301
 through 
63G-2-305
.
(4) Substantially consistent with the provisions of this chapter, the Judicial Council
shall:
(a) make rules governing requests for access, fees, classification, designation,
segregation, management, retention, denials and appeals of requests for access and retention,
and amendment of judicial records;
(b) establish an appellate board to handle appeals from denials of requests for access
and provide that a requester who is denied access by the appellate board may file a lawsuit in
district court; and
(c) provide standards for the management and retention of judicial records substantially
consistent with Section 
63A-12-103
.
(5) The Judicial Council may:
(a) establish a process for an administrative unit of the judicial branch to petition for
relief from a person that the administrative unit claims is a vexatious requester; and
(b) establish an appellate board to hear a petition for relief from a person that an
administrative unit of the judicial branch claims is a vexatious requester.
[
(5)
] 
(6)
 Rules governing appeals from denials of requests for access shall substantially
comply with the time limits provided in Section 
63G-2-204
 and Part 4, Appeals.
[
(6)
] 
(7)
 Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management
program in the judicial branch; and
(b) as required by the judiciary, provide program services similar to those available to
the executive and legislative branches of government as provided in this chapter and Title 63A,
Chapter 12, Division of Archives and Records Service.
Section 8. Section 
63G-2-703
 is amended to read:
63G-2-703.
Applicability to the Legislature.
(1) The Legislature and its staff offices shall designate and classify records in
accordance with Sections 
63G-2-301
 through 
63G-2-305
 as public, private, controlled, or
protected.
(2) (a) The Legislature and its staff offices are not subject to [
Section 
63G-2-203
 or to
]
:
(i) Section 
63G-2-203
 or 
63G-2-209
; or
(ii)
 Part 4, Appeals, Part 5, State Records Committee, or Part 6, Collection of
Information and Accuracy of Records.
(b) The Legislature is subject to only the following sections in Title 63A, Chapter 12,
Division of Archives and Records Service: Sections 
63A-12-102
 and 
63A-12-106
.
(3) The Legislature, through the Legislative Management Committee:
(a) 
(i)
 shall establish policies to handle requests for classification, designation, fees,
access, denials, segregation, appeals, management, retention, and amendment of records; and
[
(b)
] 
(ii)
 may establish an appellate board to hear appeals from denials of access[
.
]
; and
(b) may establish:
(i) a process for determining that a person is a vexatious requester, including a process
for an appeal from a determination that a person is a vexatious requester; and
(ii) appropriate limitations on a person determined to be a vexatious requester.
(4) Policies shall include reasonable times for responding to access requests consistent
with the provisions of Part 2, Access to Records, fees, and reasonable time limits for appeals.
(5) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management
program in the Legislature; and
(b) as required by the Legislature, provide program services similar to those available
to the executive branch of government, as provided in this chapter and Title 63A, Chapter 12,
Division of Archives and Records Service.
Section 9. Section 
63G-2-704
 is enacted to read:
 63G-2-704.
Applicability to the governor and lieutenant governor.
(1) The governor, the office of the governor, the lieutenant governor, and the office of
the lieutenant governor shall designate and classify records in accordance with Sections
63G-2-301
 through 
63G-2-305
 as public, private, controlled, or protected.
(2) (a) The governor, the office of the governor, the lieutenant governor, and the office
of the lieutenant governor are not subject to:
(i) Section 
63G-2-203
;
(ii) Section 
63G-2-209
;
(iii) Section 
63G-2-401
; or
(iv) Part 6, Collection of Information and Accuracy of Records.
(b) The governor, the office of the governor, the lieutenant governor, and the office of
the lieutenant governor are subject to only the following sections in Title 63A, Chapter 12,
Division of Archives and Records Service:
(i) Section 
63A-12-102
; and
(ii) Section 
63A-12-106
.
(3) The governor and lieutenant governor:
(a) (i) shall establish policies to handle requests for classification, designation, fees,
access, denials, segregation, appeals to the chief administrative officer, management, retention,
and amendment of records; and
(ii) may establish an appellate board to hear appeals from denials of access; and
(b) may establish:
(i) a process for determining that a person is a vexatious requester, including a process
for an appeal from a determination that a person is a vexatious requester; and
(ii) appropriate limitations on a person determined to be a vexatious requester.
(4) Policies described in Subsection (3) shall include reasonable times for responding
to access requests consistent with the provisions of Part 2, Access to Records, fees, and
reasonable time limits for appeals.
(5) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management
program for the governor, the office of the governor, the lieutenant governor, and the office of
the lieutenant governor; and
(b) as required by the governor or lieutenant governor, provide program services as
provided in this chapter and Title 63A, Chapter 12, Division of Archives and Records Service.
Section 10. Section 
63G-7-301
 is amended to read:
63G-7-301.
Waivers of immunity.
(1) (a) Immunity from suit of each governmental entity is waived as to any contractual
obligation.
(b) Actions arising out of contractual rights or obligations are not subject to the
requirements of Section 
63G-7-401
, 
63G-7-402
, 
63G-7-403
, or 
63G-7-601
.
(c) The Division of Water Resources is not liable for failure to deliver water from a
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
Act, if the failure to deliver the contractual amount of water is due to drought, other natural
condition, or safety condition that causes a deficiency in the amount of available water.
(2) Immunity from suit of each governmental entity is waived:
(a) as to any action brought to recover, obtain possession of, or quiet title to real or
personal property;
(b) as to any action brought to foreclose mortgages or other liens on real or personal
property, to determine any adverse claim on real or personal property, or to obtain an
adjudication about any mortgage or other lien that the governmental entity may have or claim
on real or personal property;
(c) as to any action based on the negligent destruction, damage, or loss of goods,
merchandise, or other property while it is in the possession of any governmental entity or
employee, if the property was seized for the purpose of forfeiture under any provision of state
law;
(d) subject to Section 
63G-7-302
, as to any action brought under the authority of Utah
Constitution, Article I, Section 22, for the recovery of compensation from the governmental
entity when the governmental entity has taken or damaged private property for public uses
without just compensation;
(e) as to any claim for attorney fees or costs under [
Sections
] 
Section 
63G-2-209
,
63G-2-405
 [
and
]
, or
63G-2-802
;
(f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
Act;
(g) as to any action brought to obtain relief from a land use regulation that imposes a
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
Land Use Act;
(h) except as provided in Subsection 
63G-7-201
(3), as to any injury caused by:
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
(ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
or other public improvement;
(i) subject to Subsections 
63G-7-101
(4) and 
63G-7-201
(4), as to any injury
proximately caused by a negligent act or omission of an employee committed within the scope
of employment;
(j) notwithstanding Subsection 
63G-7-101
(4), as to a claim for an injury resulting from
a sexual battery, as provided in Section 
76-9-702.1
, committed:
(i) against a student of a public elementary or secondary school, including a charter
school; and
(ii) by an employee of a public elementary or secondary school or charter school who:
(A) at the time of the sexual battery, held a position of special trust, as defined in
Section 
76-5-404.1
, with respect to the student;
(B) is criminally charged in connection with the sexual battery; and
(C) the public elementary or secondary school or charter school knew or in the exercise
of reasonable care should have known, at the time of the employee's hiring, to be a sex
offender, as defined in Section 
77-41-102
, required to register under Title 77, Chapter 41, Sex
and Kidnap Offender Registry, whose status as a sex offender would have been revealed in a
background check under Section 
53G-11-402
; and
(k) as to any action brought under Section 
78B-6-2303
.
(3) (a) As used in this Subsection (3):
(i) "Code of conduct" means a code of conduct that:
(A) is not less stringent than a model code of conduct, created by the State Board of
Education, establishing a professional standard of care for preventing the conduct described in
Subsection (3)(a)(i)(D);
(B) is adopted by the applicable local education governing body;
(C) regulates behavior of a school employee toward a student; and
(D) includes a prohibition against any sexual conduct between an employee and a
student and against the employee and student sharing any sexually explicit or lewd
communication, image, or photograph.
(ii) "Local education agency" means:
(A) a school district;
(B) a charter school; or
(C) the Utah Schools for the Deaf and the Blind.
(iii) "Local education governing board" means:
(A) for a school district, the local school board;
(B) for a charter school, the charter school governing board; or
(C) for the Utah Schools for the Deaf and the Blind, the state board.
(iv) "Public school" means a public elementary or secondary school.
(v) "Sexual abuse" means the offense described in Subsection 
76-5-404.1
(2).
(vi) "Sexual battery" means the offense described in Section 
76-9-702.1
, considering
the term "child" in that section to include an individual under age 18.
(b) Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a
claim against a local education agency for an injury resulting from a sexual battery or sexual
abuse committed against a student of a public school by a paid employee of the public school
who is criminally charged in connection with the sexual battery or sexual abuse, unless:
(i) at the time of the sexual battery or sexual abuse, the public school was subject to a
code of conduct; and
(ii) before the sexual battery or sexual abuse occurred, the public school had:
(A) provided training on the code of conduct to the employee; and
(B) required the employee to sign a statement acknowledging that the employee has
read and understands the code of conduct.
(4) (a) As used in this Subsection (4):
(i) "Higher education institution" means an institution included within the state system
of higher education under Section 
53B-1-102
.
(ii) "Policy governing behavior" means a policy adopted by a higher education
institution or the Utah Board of Higher Education that:
(A) establishes a professional standard of care for preventing the conduct described in
Subsections (4)(a)(ii)(C) and (D);
(B) regulates behavior of a special trust employee toward a subordinate student;
(C) includes a prohibition against any sexual conduct between a special trust employee
and a subordinate student; and
(D) includes a prohibition against a special trust employee and subordinate student
sharing any sexually explicit or lewd communication, image, or photograph.
(iii) "Sexual battery" means the offense described in Section 
76-9-702.1
.
(iv) "Special trust employee" means an employee of a higher education institution who
is in a position of special trust, as defined in Section 
76-5-404.1
, with a higher education
student.
(v) "Subordinate student" means a student:
(A) of a higher education institution; and
(B) whose educational opportunities could be adversely impacted by a special trust
employee.
(b) Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a
claim for an injury resulting from a sexual battery committed against a subordinate student by a
special trust employee, unless:
(i) the institution proves that the special trust employee's behavior that otherwise would
constitute a sexual battery was:
(A) with a subordinate student who was at least 18 years old at the time of the
behavior; and
(B) with the student's consent; or
(ii) (A) at the time of the sexual battery, the higher education institution was subject to
a policy governing behavior; and
(B) before the sexual battery occurred, the higher education institution had taken steps
to implement and enforce the policy governing behavior.
Section 11. Section 
78A-4-103
 is amended to read:
78A-4-103.
Court of Appeals jurisdiction.
(1) As used in this section, [
"informal
] 
"
adjudicative proceeding" does not include a
proceeding under Title 63G, Chapter 2, Part 4, Appeals, that precedes judicial review under
Section 
63G-2-404
.
(2) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue
all writs and process necessary:
(a) to carry into effect its judgments, orders, and decrees; or
(b) in aid of its jurisdiction.
(3) The Court of Appeals has appellate jurisdiction, including jurisdiction of
interlocutory appeals, over:
(a) (i) a final order or decree resulting from:
(A) a formal adjudicative proceeding of a state agency;
(B) a special adjudicative proceeding, as described in Section 
19-1-301.5
; or
(C) a hearing before a local school board or the State Board of Education as described
in Section 
53G-11-515
; or
(ii) an appeal from the district court review of an informal adjudicative proceeding of
an agency other than the following:
(A) the Public Service Commission;
(B) the State Tax Commission;
(C) the School and Institutional Trust Lands Board of Trustees;
(D) the Division of Forestry, Fire, and State Lands, for an action reviewed by the
executive director of the Department of Natural Resources;
(E) the Board of Oil, Gas, and Mining; or
(F) the state engineer;
(b) appeals from the district court review of:
(i) adjudicative proceedings of agencies of political subdivisions of the state or other
local agencies; and
(ii) a challenge to agency action under Section 
63G-3-602
;
(c) appeals from the juvenile courts;
(d) interlocutory appeals from any court of record in criminal cases, except those
involving a charge of a first degree or capital felony;
(e) appeals from a court of record in criminal cases, except those involving a
conviction or charge of a first degree felony or capital felony;
(f) appeals from orders on petitions for extraordinary writs sought by persons who are
incarcerated or serving any other criminal sentence, except petitions constituting a challenge to
a conviction of or the sentence for a first degree or capital felony;
(g) appeals from the orders on petitions for extraordinary writs challenging the
decisions of the Board of Pardons and Parole except in cases involving a first degree or capital
felony;
(h) appeals from district court involving domestic relations cases, including, but not
limited to, divorce, annulment, property division, child custody, support, parent-time,
visitation, adoption, and paternity;
(i) appeals from the Utah Military Court; and
(j) cases transferred to the Court of Appeals from the Supreme Court.
(4) The Court of Appeals upon its own motion only and by the vote of four judges of
the court may certify to the Supreme Court for original appellate review and determination any
matter over which the Court of Appeals has original appellate jurisdiction.
(5) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4,
Administrative Procedures Act, in its review of agency adjudicative proceedings.