Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 277 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the office within the division and describes the functions of the office;
• requires the governor to appoint the director of the office, in consultation with the executive director of the department, and with the advice and consent of the Senate;
• describes the term of office, qualifications, and duties of the director;
• directs the Division of Human Resource Management to conduct a performance survey and evaluation of the director on a specified schedule;
• repeals the committee;
• provides that the director will replace the committee in fulfilling the duties currently assigned to the committee, including the duty to decide appeals under the Government Records Access and Management Act;
• makes the government records ombudsman an employee of the office;
• grants rulemaking authority to the director of the office;
• provides for the transition from the committee to the director of the office;
• provides that an individual in an executive branch management position is subject to the record amendment or retention policy created by the governor;
• makes technical and conforming changes; and
• includes a coordination clause to resolves conflicts between this bill and S.B. 163, Government Records Amendments, to allow the changes in S.B. 163 to work within the provisions of this bill that replace the State Records Committee with the director of the Government Records Office.

Every vote on this bill

Bill text

197
20A-11-1205
53B-16-303
63A-12-101
63A-12-106
63A-12-201
63A-12-202
63A-12-203
63A-12-111
63A-12-205
63G-2-101
63G-2-103
63G-2-201
63G-2-209
63G-2-309
63G-2-400.5
63G-2-401
63G-2-402
63G-2-403
63G-2-404
63G-2-501
63G-2-502
63G-2-701
63G-2-702
63G-2-703
63G-2-704
63G-2-801
63H-1-202
67-3-1
77-18-103
77-27-5
0
Government Records Management Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jefferson Moss
LONG TITLE
General Description:
This bill creates the Government Records Office (the office) within the Division of 
Archives and Records Service (the division), and replaces the State Records Committee (the 
committee) with the director of the office, who is an attorney with knowledge and experience 
relating to government records law and makes other changes relating to government records.
Highlighted Provisions:
This bill:
defines terms;
creates the office within the division and describes the functions of the office;
requires the governor to appoint the director of the office, in consultation with the 
executive director of the department, and with the advice and consent of the Senate;
describes the term of office, qualifications, and duties of the director;
directs the Division of Human Resource Management to conduct a performance survey 
and evaluation of the director on a specified schedule;
repeals the committee;
provides that the director will replace the committee in fulfilling the duties currently 
assigned to the committee, including the duty to decide appeals under the Government 
Records Access and Management Act; 
makes the government records ombudsman an employee of the office;
grants rulemaking authority to the director of the office;
provides for the transition from the committee to the director of the office;
provides that an individual in an executive branch management position is subject to the 
record amendment or retention policy created by the governor; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-11-1205
, as last amended by Laws of Utah 2020, Chapter 22
53B-16-303
, as last amended by Laws of Utah 2020, Chapter 365
63A-12-101
, as last amended by Laws of Utah 2023, Chapter 173
63A-12-106
, as last amended by Laws of Utah 2019, Chapter 254
63G-2-103
, as last amended by Laws of Utah 2024, Chapters 18, 465, 509, and 522
63G-2-201
, as last amended by Laws of Utah 2023, Chapters 173, 516
63G-2-209
, as enacted by Laws of Utah 2023, Chapter 516
63G-2-309
, as last amended by Laws of Utah 2023, Chapter 516
63G-2-400.5
, as last amended by Laws of Utah 2019, Chapters 254, 334
63G-2-401
, as last amended by Laws of Utah 2024, Chapter 407
63G-2-402
, as last amended by Laws of Utah 2024, Chapter 407
63G-2-403
, as last amended by Laws of Utah 2024, Chapter 407
63G-2-404
, as last amended by Laws of Utah 2024, Chapter 407
63G-2-701
, as last amended by Laws of Utah 2019, Chapter 254
63G-2-702
, as last amended by Laws of Utah 2023, Chapter 516
63G-2-703
, as last amended by Laws of Utah 2023, Chapters 291, 516
63G-2-704
, as enacted by Laws of Utah 2023, Chapter 516
63G-2-801
, as last amended by Laws of Utah 2019, Chapter 254
63H-1-202
, as last amended by Laws of Utah 2024, Chapter 514
67-3-1
, as last amended by Laws of Utah 2024, Chapters 3, 158
77-18-103
, as last amended by Laws of Utah 2024, Chapters 187, 245 and 434
77-27-5
, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
ENACTS:
63A-12-201
, Utah Code Annotated 1953
63A-12-202
, Utah Code Annotated 1953
63A-12-203
, Utah Code Annotated 1953
63A-12-205
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63A-12-204
, (Renumbered from 63A-12-111, as last amended by Laws of Utah 2024, 
Chapter 407)
REPEALS:
63G-2-101
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-2-501
, as last amended by Laws of Utah 2024, Chapter 529
63G-2-502
, as last amended by Laws of Utah 2019, Chapter 254
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-11-1205
 is amended to read:
20A-11-1205
. Use of public email for a political purpose.
(1)
Except as provided in Subsection 
(5)
, a person may not send an email using the email of 
a public entity:
(a)
for a political purpose;
(b)
to advocate for or against a proposed initiative, initiative, proposed referendum, 
referendum, a proposed bond, a bond, or any ballot proposition; or
(c)
to solicit a campaign contribution.
(2)
(a)
The lieutenant governor shall, after giving the person and the complainant notice 
and an opportunity to be heard, impose a civil fine against a person who violates 
Subsection 
(1)
 as follows:
(i)
up to $250 for a first violation; and
(ii)
except as provided in Subsection 
(3)
, for each subsequent violation committed 
after the lieutenant governor imposes a fine against the person for a first violation, 
$1,000 multiplied by the number of violations committed by the person.
(b)
A person may, within 30 days after the day on which the lieutenant governor 
imposes a fine against the person under this Subsection 
(2)
, appeal the fine to a 
district court.
(3)
The lieutenant governor shall consider a violation of this section as a first violation if 
the violation is committed more than seven years after the day on which the person last 
committed a violation of this section.
(4)
For purposes of this section, one violation means one act of sending an email, regardless 
of the number of recipients of the email.
(5)
A person does not violate this section if:
(a)
the lieutenant governor finds that the email described in Subsection 
(1)
 was 
inadvertently sent by the person using the email of a public entity;
(b)
the person is directly providing information solely to another person or a group of 
people in response to a question asked by the other person or group of people;
(c)
the information the person emails is an argument or rebuttal argument prepared 
under Section 
20A-7-401.5
 or 
20A-7-402
, and the email includes each opposing 
argument and rebuttal argument that:
(i)
relates to the same proposed initiative, initiative, proposed referendum, or 
referendum; and
(ii)
complies with the requirements of Section 
20A-7-401.5
 or 
20A-7-402
; or
(d)
the person is engaging in:
(i)
an internal communication solely within the public entity;
(ii)
a communication solely with another public entity;
(iii)
a communication solely with legal counsel;
(iv)
a communication solely with the sponsors of an initiative or referendum;
(v)
a communication solely with a land developer for a project permitted by a local 
land use law that is challenged by a proposed referendum or a referendum; or
(vi)
a communication solely with a person involved in a business transaction directly 
relating to a project described in Subsection 
(5)(d)(v)
.
(6)
A violation of this section does not invalidate an otherwise valid election.
(7)
An email sent in violation of Subsection 
(1)
, as determined by the records officer, 
constitutes a record, as defined in Section 
63G-2-103
, that is subject to the provisions of 
Title 63G, Chapter 2, Government Records Access and Management Act
, 
notwithstanding any applicability of Subsection 
63G-2-103(25)(b)(i)
63G-2-103(26)(b)(i)
.
Section 2, Section 
53B-16-303
 is amended to read:
53B-16-303
. Access to restricted records.
(1)
Notwithstanding any other provision of 
Title 63G, Chapter 2, Government Records 
Access and Management Act
, access to records restricted by this part shall only be 
permitted upon:
(1)
(a)
written consent of the public institution of higher education originating, 
receiving, or maintaining 
such 
the 
records; or
(2)
(b)
a finding by the 
State Records Committee 
director of the Government Records 
Office 
or a court that the record has not been properly classified as restricted under 
Section 
63G-2-302
, provided that the review of a restricted classification of a record 
shall not include considerations of weighing public and private interests regarding 
access to a properly classified record as contained in Subsection 
63G-2-403(11)(b)
 or 
63G-2-404(7)
 or Section 
63G-2-309
.
(2)
 Nothing in this 
Subsection 
(2)
 shall be construed to
(1)(b) does not
 limit the 
authority of the board to reclassify and disclose a record of a public institution of higher 
education.
Section 3, Section 
63A-12-101
 is amended to read:
63A-12-101
. Division of Archives and Records Service created -- Duties.
(1)
There is created the Division of Archives and Records Service within the department.
(2)
The state archives shall:
(a)
administer the state's archives and records management programs, including storage 
of records, central reformatting programs, and quality control;
(b)
apply fair, efficient, and economical management methods to the collection, creation, 
use, maintenance, retention, preservation, disclosure, and disposal of records and 
documents;
(c)
establish standards, procedures, and techniques for the effective management and 
physical care of records;
(d)
conduct surveys of office operations and recommend improvements in current 
records management practices, including the use of space, equipment, automation, 
and supplies used in creating, maintaining, storing, and servicing records;
(e)
establish standards for the preparation of schedules providing for the retention of 
records of continuing value and for the prompt and orderly disposal of state records 
no longer possessing sufficient administrative, historical, legal, or fiscal value to 
warrant further retention;
(f)
establish, maintain, and operate centralized reformatting lab facilities and quality 
control for the state;
(g)
provide staff and support services to the Records Management Committee created in 
Section 
63A-12-112
 and the 
State Records Committee created in Section 
63G-2-501
Government Records Office, created in Section 
63A-12-202
;
(h)
develop training programs to assist records officers and other interested officers and 
employees of governmental entities to administer this chapter and 
Title 63G, Chapter 
2, Government Records Access and Management Act
;
(i)
provide access to public records deposited in the archives;
(j)
administer and maintain the Utah Public Notice Website established under Section 
63A-16-601
;
(k)
provide assistance to any governmental entity in administering this chapter and 
Title 
63G, Chapter 2, Government Records Access and Management Act
;
(l)
prepare forms for use by all governmental entities for a person requesting access to a 
record; and
(m)
if the department operates the Division of Archives and Records Service as an 
internal service fund agency in accordance with Section 
63A-1-109.5
, submit to the 
Rate Committee established in Section 
63A-1-114
:
(i)
the proposed rate schedule as required by Section 
63A-1-114
; and
(ii)
other information or analysis requested by the Rate Committee.
(3)
The state archives may:
(a)
establish a report and directives management program;
(b)
establish a forms management program; and
(c)
in accordance with Section 
63A-12-101
, require that an individual undergo a 
background check if the individual:
(i)
applies to be, or currently is, an employee or volunteer of the division; and
(ii)
will have direct access to a vulnerable record in the capacity described in 
Subsection 
(3)(c)(i)
.
(4)
The executive director may direct the state archives to administer other functions or 
services consistent with this chapter and 
Title 63G, Chapter 2, Government Records 
Access and Management Act
.
Section 4, Section 
63A-12-106
 is amended to read:
63A-12-106
. Certified and microphotographed copies.
(1)
(a)
Upon demand, the state archives shall furnish certified copies of a record in the 
state archives's exclusive custody that is classified public or that is otherwise 
determined to be public under this chapter by the originating governmental entity, the 
State Records Committee created in Section 
63G-2-501
director of the Government 
Records Office, created in Section 
63A-12-202
, or a court of law. 
(b)
When certified by the state archivist under the seal of the state archives, a copy has 
the same legal force and effect as if certified by the originating governmental entity.
(2)
The state archives may microphotograph records when the state archives determines 
that microphotography is an efficient and economical way to care, maintain, and 
preserve the record. A transcript, exemplification, or certified copy of a 
microphotograph has the same legal force and effect as the original. Upon review and 
approval of the microphotographed film by the state archivist, the source documents 
may be destroyed.
(3)
The state archives may allow another governmental entity to microphotograph records 
in accordance with standards set by the state archives.
Section 5, Section 
63A-12-201
 is enacted to read:
2. Government Records Office
63A-12-201
. Definitions.
As used in this part:
(1)
"Director" means the director of the office, appointed under Subsection 
63A-12-202(2)
.
(2)
"Office" means the Government Records Office, created in Subsection 
63A-12-202(1)
.
(3)
"Records appeal process" means the process described in Title 63G, Chapter 2, Part 4, 
Appeals.
Section 6, Section 
63A-12-202
 is enacted to read:
63A-12-202
. Government Records Office -- Director -- Annual report.
(1)
There is created within the division the Government Records Office.
(2)
The governor shall appoint the director of the office:
(a)
in consultation with the executive director; and
(b)
with the advice and consent of the Senate.
(3)
The director shall be:
(a)
an attorney in good standing, authorized to practice law in Utah;
(b)
knowledgeable regarding state law and practices relating to records management, 
including the provisions of Title 63G, Chapter 2, Government Records Access and 
Management Act;
(c)
committed to:
(i)
ensuring that records, and information in records, properly classified as private, 
protected, or controlled are disclosed only to the extent expressly provided by law;
(ii)
protecting the privacy of persons whose information is in the custody of a 
government entity; and
(iii)
the disclosure of records, and information contained in records, to the extent 
required by law; and
(d)
capable of adjudicating appeals relating to the disclosure or nondisclosure of records 
in a manner that is impartial, responsible, and strictly in accordance with the 
requirements of law.
(4)
(a)
An appointment described in Subsection 
(2)
 is for a four-year term.
(b)
The governor may, in accordance with Subsection 
(2)
, reappoint the same individual 
to consecutive terms as the director.
(c)
The governor may remove the director, only for cause, before the end of a four-year 
term
.
(d)
Appointment of a director or an interim director is governed by the provisions of 
Section 
67-1-1.5
, relating to an executive branch management position.
(5)
The Office of the Attorney General shall provide counsel to the office.
(6)
The office shall, on an annual basis before October 1, electronically transmit a written 
report to the Government Operations Interim Committee on the work performed by the 
office during the previous year, that includes:
(a)
metrics on the standardization and efficiency of processing appeals; and
(b)
the effective implementation of the records ombudsman's role.
Section 7, Section 
63A-12-203
 is enacted to read:
63A-12-203
. Duties of director and office -- Reassignment of classification or 
designation -- Rulemaking authority -- Transition from State Records Committee.
(1)
The director shall:
(a)
supervise and manage the office;
(b)
appoint and supervise a government records ombudsman to fulfill the duties 
described in Section 
63A-12-204
;
(c)
administer the records appeal process;
(d)
hear appeals regarding disputed fees under Section 
63G-2-203
;
(e)
hear and decide appeals from determinations of access under Section 
63G-2-403
; and
(f)
determine disputes submitted by the state auditor under Subsection 
67-3-1(17)(d)
.
(2)
The director may:
(a)
employ staff to support the work of the office;
(b)
by order, after notice and hearing, reassign classification or designation for any 
record series by a governmental entity if the governmental entity's classification or 
designation is inconsistent with Title 63G, Chapter 2, Government Records Access 
and Management Act; and
(c)
designate another individual to hear and decide appeals for a specific case if the 
director has a conflict of interest in relation to that case.
(3)
The office shall be a resource to citizens and government entities in relation to 
government records, including:
(a)
ensuring lawful access to records;
(b)
ensuring the lawful restriction of access to records;
(c)
classification of records;
(d)
retention of records; and
(e)
resolving records disputes informally, via informal mediation, or via the records 
appeal process.
(4)
(a)
An affected governmental entity or any other interested person may appeal the 
reassignment of a record under Subsection 
(2)(b)
 to a district court within 30 days 
after the day on which the director makes the reassignment.
(b)
The district court shall hear an appeal described in Subsection 
(4)(a)
 de novo.
(5)
The director shall makes rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to govern the procedures and proceedings for appeals 
made to the director as described in this part.
(6)
The director shall, to the extent practicable and until the rules described in Subsection 
(5)
 are in effect, utilize the rules made by the former State Records Committee before 
January 1, 2025, with the director acting in place of the former State Records Committee.
(7)
Any case or other matter that was, before appointment of the first director, pending 
before the former State Records Committee, is transferred to the director for resolution 
upon the director's appointment, to be resolved as soon as reasonably possible.
Section 8, Section 
63A-12-204
, which is renumbered from Section 63A-12-111 is renumbered 
and amended to read:
63A-12-111
63A-12-204
. Government records ombudsman.
(1)
(a)
The director of the division shall appoint a government records ombudsman.
(b)
The government records ombudsman may not be a member of the State Records 
Committee created in Section 
63G-2-501
.
(2)
(1)
(a)
The government records ombudsman
, appointed under Section 
63A-12-202
,
shall:
(i)
be familiar with the provisions of Title 63G, Chapter 2, Government Records 
Access and Management Act;
(ii)
serve as a resource for a person who is making or responding to a records request 
or filing an appeal relating to a records request;
 and
(iii)
upon a request from a requester or responder, and with the consent of both the 
requester and responder, mediate a dispute between a requester and responder, 
including a dispute between a requester and a governmental entity regarding the 
governmental entity's access denial, as defined in Section 
63G-2-400.5
; and
.
(iv)
on an annual basis, electronically transmit a written report to the Government 
Operations Interim Committee on the work performed by the government records 
ombudsman during the previous year.
(b)
(i)
Before the conclusion of a mediation under Subsection 
(2)(a)(iii)
(1)(a)(iii)
, a 
requester or responder may withdraw consent for the mediation.
(ii)
If a requester or responder withdraws consent under Subsection 
(2)(b)(i)
(1)(b)(i)
, 
the government records ombudsman shall
 certify, as provided in Subsection 
(4)(a)(ii)
, 
in accordance with Subsection (3)(a)(ii), certify 
that the mediation was 
not concluded because of a lack of the required consent.
(3)
(2)
The government records ombudsman may not testify, or be compelled to testify, 
before the State Records Committee created in Section 
63G-2-501
, another 
regarding a 
matter for which the government records ombudsman provides services under this 
section:
(a)
in an appeals proceeding described in Title 63G, Chapter 2, Part 4, Appeals; or
(b)
before an 
administrative body
,
 or a court
 regarding a matter that the government 
records ombudsman provided services in relation to under this section
.
(4)
(3)
Upon the conclusion of a mediation 
under Subsection (2)(a)(iii)
described in 
Subsection 
(1)(a)(iii)
,
 or upon the government records ombudsman's determination that 
the required consent for the mediation is lacking, the government records ombudsman 
shall:
(a)
certify in writing that the mediation:
(i)
is concluded; or
(ii)
did not take place or was not concluded because of a lack of the required consent; 
and
(b)
provide a copy of the written certification to the requester and the responder.
Section 9, Section 
63A-12-205
 is enacted to read:
63A-12-205
. Independent performance survey and evaluation.
(1)
(a)
Beginning in 2027 and every two years thereafter, the Division of Human 
Resource Management shall conduct a survey to collect feedback regarding the 
director's job performance.
(b)
The Division of Human Resource Management shall include as survey respondents a 
sample of each of the following groups:
(i)
individuals who have appeared before the director;
(ii)
staff who have worked with the director; and
(iii)
any other class of respondents the Division of Human Resource Management 
determines helpful.
(c)
(i)
A survey response is anonymous, including any comment included with a 
survey response.
(ii)
If the Division of Human Resource Management provides any survey information 
to the director, the division shall provide the information in a manner that protects 
the survey respondent's confidentiality.
(2)
In a survey under this section, the Division of Human Resource Management:
(a)
shall include questions relating to whether the director's behavior furthers the 
elements of procedural fairness, including neutrality, careful deliberation, respectful 
treatment of parties, and providing parties the opportunity to be heard; and
(b)
may include questions concerning the director's legal ability, temperament and 
integrity, and administrative performance.
(3)
(a)
The Division of Human Resource Management may allow survey respondents to 
indicate responses:
(i)
on a numerical scale from one to five; or
(ii)
in the affirmative or negative, with an option to indicate the respondent's inability 
to respond in the affirmative or negative.
(b)
To supplement a response to a survey question, the Division of Human Resource 
Management may allow a respondent to provide written comments.
(4)
(a)
Each year in which the Division of Human Resource Management completes a 
survey under this section, the Division of Human Resource Management shall 
prepare an evaluation of the director's job performance that includes:
(i)
the results of the most recent survey conducted in accordance with this section; and
(ii)
any other information the Division of Human Resource Management considers 
relevant to evaluating the director's performance.
(b)
(i)
The Division of Human Resource Management shall provide a copy of the 
director's performance evaluation to the governor.
(ii)
Each year in which the Division of Human Resource Management completes a 
survey and evaluation under this section, the governor or the governor's designee 
shall report to the Government Operations Interim Committee on the director's 
performance.
Section 10, 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, special 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, except for the Water District Water Development Council created 
pursuant to Section 
11-13-228
;
(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)
"Government Records Office" means the same as that term is defined in Section 
63A-12-201
.
(12)
(13)
"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)
(14)
"Individual" means a human being.
(14)
(15)
(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)
(15)(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)
(16)
"Legislative body" means the Legislature.
(16)
(17)
"Notice of compliance" means a statement confirming that a governmental entity 
has complied with an order of the 
State Records Committee
director of the Government 
Records Office
.
(17)
(18)
"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)
(19)
"Personal identifying information" means the same as that term is defined in 
Section 
63A-12-100.5
.
(19)
(20)
"Privacy annotation" means the same as that term is defined in Section 
63A-12-100.5
.
(20)
(21)
"Private provider" means any person who contracts with a governmental entity to 
provide services directly to the public.
(21)
(22)
"Private record" means a record containing data on individuals that is private as 
provided by Section 
63G-2-302
.
(22)
(23)
"Protected record" means a record that is classified protected as provided by 
Section 
63G-2-305
.
(23)
(24)
"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).
(24)
(25)
"Reasonable search" means a search that is:
(a)
reasonable in scope and intensity; and
(b)
not unreasonably burdensome for the government entity.
(25)
(26)
(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 include:
(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 ;
(x)
a note prepared by the originator for the originator's own use or for the sole use of 
an individual for whom the originator is working;
(xi)
a computer program that is developed or purchased by or for any governmental 
entity for its own use;
(xii)
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;
(xiii)
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
;
(xiv)
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);
(xv)
information that an owner of unimproved property provides to a local entity as 
provided in Section 
11-42-205
;
(xvi)
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
;
(xvii)
child sexual abuse material, as defined by Section 
76-5b-103
;
(xviii)
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
; 
(xix)
confidential communication described in Section 
58-60-102
, 
58-61-102
, or 
58-61-702
;
(xx)
any item described in Subsection 
(25)(a)
(26)(a)
 that is:
(A)
described in Subsection 
63G-2-305
(17), (18), or (23)(b); and
(B)
shared between any of the following entities:
(I)
the Division of Risk Management;
(II)
the Office of the Attorney General;
(III)
the governor's office; or
(IV)
the Legislature; or
(xxi)
the email address that a candidate for elective office provides to a filing officer 
under Subsection 
20A-9-201
(5)(c)(ii) or 
20A-9-203
(4)(c)(iv).
(26)
(27)
"Record series" means a group of records that may be treated as a unit for 
purposes of designation, description, management, or disposition.
(27)
(28)
"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.
(28)
(29)
"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.
(29)
(30)
"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.
(30)
(31)
"State archives" means the Division of Archives and Records Service created in 
Section 
63A-12-101
.
(31)
(32)
"State archivist" means the director of the state archives.
(32)
"State Records Committee" means the State Records Committee created in Section 
63G-2-501
.
(33)
"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 11, 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 
(7)(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 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.
(7)
(a)
In response to a request, a governmental entity is not required to:
(i)
create a record;
(ii)
compile, format, manipulate, package, summarize, or tailor information;
(iii)
provide a record in a particular format, medium, or program not currently 
maintained by the governmental entity;
(iv)
fulfill a person's records request if the request unreasonably duplicates prior 
records requests from that person;
(v)
fill a person's records request if:
(A)
the record requested is:
(I)
publicly accessible online; or
(II)
included in a public publication or product produced by the governmental 
entity receiving the request; and
(B)
the governmental entity:
(I)
specifies to the person requesting the record where the record is accessible 
online; or
(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 
of the director of the Government 
Records Office 
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 
(7)(a)(vi)(B)
 has not expired.
(b)
A governmental entity shall conduct a reasonable search for a requested record.
(8)
(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 
(8)(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 
(8)(a)
 to pay the governmental entity, in accordance with Section 
63G-2-203
, for 
providing the information or record as requested.
(9)
(a)
Notwithstanding any other provision of this chapter, and subject to Subsection 
(9)(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 
(9)(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 
(9)(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 
(9)(a)
.
(10)
(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 
(10)(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.
(11)
(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.
(12)
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.
(13)
Subject to the requirements of Subsection 
(7)
, 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.
(14)
In determining whether a record is properly classified as private under Subsection 
63G-2-302(2)(d)
, the governmental entity, 
State Records Committee
the director of the 
Government Records Office
, 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 12, Section 
63G-2-209
 is amended 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)
.
(a)
"Director" means the director of the Government Records Office, created in Section 
63A-12-202
.
(c)
(b)
"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
director
 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)
(i)
the name, phone number, mailing address, and email address that the 
respondent submitted to the governmental entity;
(B)
(ii)
a description of the conduct that the governmental entity claims 
demonstrates that the respondent is a vexatious requester;
(C)
(iii)
a statement of the relief the governmental entity seeks; and
(D)
(iv)
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
, the director
 shall schedule a hearing
for the committee
 to consider the petition, to be held:
(i)
(A)
at the next 
regularly scheduled committee meeting falling
regularly-scheduled hearing date that is
 at least 16 calendar days after the 
date
day on which
 the petition is filed but no later than 64 calendar days after the 
date
day on which
 the petition is filed; or
(B)
at a 
regularly scheduled committee meeting
regularly-scheduled hearing date
that is later than the period described in Subsection 
(3)(a)(i)(A)
 if the later 
committee meeting
hearing date
 is the first 
regularly scheduled committee 
meeting
regularly-scheduled hearing date
 at which there are fewer than 10 
appeals scheduled to be heard; or
(ii)
to the extent practicable, 
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
director
 schedules a hearing under Subsection 
(3)(a)
, the 
executive secretary
director
 shall:
(i)
send a copy of the petition to each member of the committee;
(ii)
(i)
send a copy of the notice of hearing to the governmental entity
,
 and
 the 
respondent
, and each member of the committee
; and
(iii)
(ii)
if applicable, send a copy of the respondent's statement under Subsection 
(3)(c)(ii)
(3)(c)(ii)(B)
 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)
.
(c)
The director may decline to schedule a hearing if:
(i)
the director makes an initial determination that the petition should be denied 
without a hearing; and
(ii)
before the director makes a final ruling to deny the petition, the director:
(A)
provides the parties with notice of the initial determination described in 
Subsection (3)(c)(i), including the reasons for the initial determination;
(B)
provides the parties with a reasonable opportunity to respond to the initial 
determination described in Subsection 
(3)(c)(i)
; and
(C)
provides the respondent with a reasonable opportunity to submit a written 
response to the petition.
(d)
If, after complying with Subsection (3)(c), the director makes a final ruling denying 
the petition without a hearing, the director shall:
(i)
issue an order denying the petition; and
(ii)
include in the order the reasons for denying the petition and the reasons for 
making the ruling without a hearing.
(e)
If, after complying with Subsection 
(3)(c)
, the director determines that a hearing 
should be held, the director shall schedule a hearing in accordance with Subsection 
(3)(a).
(4)
(a)
No later than five business days before 
the day of 
the hearing, the respondent may 
submit to the 
executive secretary
director
 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)
(3)(c)(ii)(C)
.
(5)
No later than 10 business days before 
the day of 
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
director
 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
director
 shall:
(a)
cancel the hearing; or
(b)
hold the hearing in accordance with Subsection 
(7)
.
(7)
(a)
If the 
committee
director
 holds a hearing scheduled under Subsection 
(3)
, the 
committee
director
 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
director
 may allow another interested person to 
comment on the issues.
(c)
(i)
Discovery is prohibited, but the 
committee
director
 may issue subpoenas or 
other orders to compel production of necessary testimony or evidence.
(ii)
If the subject of a 
committee
director's
 subpoena disobeys or fails to comply 
with the subpoena, the 
committee
director
 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 
the day on which 
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
director
 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
director
 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
director's
 order shall contain:
(i)
a statement of the reasons for the 
committee's 
director's 
decision;
(ii)
if the petition is granted in whole or in part, a specific description of the conduct 
the 
committee
director
 determines demonstrates that the respondent is a 
vexatious requester, including any conduct the 
committee
director
 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
director'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
director'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
director
 shall consider:
(a)
the interests described in Section 
63G-2-102
;
(b)
(a)
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
director
 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)
(b)
any other factor the 
committee
director
 considers relevant.
(10)
(a)
A governmental entity or respondent aggrieved by the 
committee's
director'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
director
 shall make rules to implement 
the procedures and requirements 
described in 
this section.
Section 13, 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
the director of the Government Records Office
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
director 
of the Government Records Office
.
(3)
Disclosure or acquisition of information under this chapter does not constitute 
misappropriation under Subsection 
13-24-2(2)
.
Section 14, Section 
63G-2-400.5
 is amended to read:
63G-2-400.5
. Definitions.
As used in this part:
(1)
"Access denial" means a governmental entity's denial, under Subsection 
63G-2-204(9)
or Section 
63G-2-205
, in whole or in part, of a record request.
(2)
"Appellate affirmation" means a decision of a chief administrative officer, 
a 
local 
appeals board, or 
State Records Committee
the director
 affirming an access denial.
(3)
"Director" means the director of the Government Records Office.
(3)
(4)
"Interested party" means a person, other than a requester, who is aggrieved by an 
access denial or an appellate affirmation, 
regardless of 
whether 
or not 
the person 
participated in proceedings leading to the access denial or appellate affirmation.
(4)
(5)
"Local appeals board" means an appeals board established by a political 
subdivision under Subsection 
63G-2-701(5)(c)
.
(5)
(6)
"Record request" means a request for a record under Section 
63G-2-204
.
(6)
(7)
"Records
 committee
 appellant" means:
(a)
a political subdivision that seeks to appeal a decision of a local appeals board to the 
State Records Committee
director
; or
(b)
a requester or interested party who seeks to appeal to the 
State Records Committee
director
 a decision affirming an access denial.
(7)
(8)
"Requester" means a person who submits a record request to a governmental entity.
Section 15, Section 
63G-2-401
 is amended to read:
63G-2-401
. Appeal to chief administrative officer -- Notice of the decision of the 
appeal.
(1)
(a)
A requester or interested party may appeal an access denial or the denial of a fee 
waiver under Subsection 
63G-2-203
(4) to the chief administrative officer of the 
governmental entity by filing a notice of appeal with the chief administrative officer 
within 30 days after:
(i)
for an access denial:
(A)
the governmental entity sends a notice of denial under Section 
63G-2-205
, if 
the governmental entity denies a record request under Subsection 
63G-2-205
(1); 
or
(B)
the record request is considered denied under Subsection 
63G-2-204
(9), if that 
subsection applies; or
(ii)
for a denial of a fee waiver, the date the governmental entity notifies the requester 
that the fee waiver is denied.
(b)
If a governmental entity claims extraordinary circumstances and specifies the date 
when the records will be available under Subsection 
63G-2-204
(4), and, if the 
requester believes the extraordinary circumstances do not exist or that the date 
specified is unreasonable, the requester may appeal the governmental entity's claim 
of extraordinary circumstances or date for compliance to the chief administrative 
officer by filing a notice of appeal with the chief administrative officer within 30 
days after notification of a claim of extraordinary circumstances by the governmental 
entity, despite the lack of a "determination" or its equivalent under Subsection 
63G-2-204
(9).
(2)
A notice of appeal shall contain:
(a)
the name, mailing address, and daytime telephone number of the requester or 
interested party; and
(b)
the relief sought.
(3)
The requester or interested party may file a short statement of facts, reasons, and legal 
authority in support of the appeal.
(4)
(a)
If the appeal involves a record that is the subject of a business confidentiality 
claim under Section 
63G-2-309
, the chief administrative officer shall:
(i)
send notice of the appeal to the business confidentiality claimant within three 
business days after receiving notice, except that if notice under this section must 
be given to more than 35 persons, it shall be given as soon as reasonably possible; 
and
(ii)
send notice of the business confidentiality claim and the schedule for the chief 
administrative officer's determination to the requester or interested party within 
three business days after receiving notice of the appeal.
(b)
The business confidentiality claimant shall have seven business days after notice is 
sent by the administrative officer to submit further support for the claim of business 
confidentiality.
(5)
(a)
The chief administrative officer shall make a decision on the appeal within:
(i)
(A)
10 business days after the chief administrative officer's receipt of the notice 
of appeal; or
(B)
five business days after the chief administrative officer's receipt of the notice 
of appeal, if the requester or interested party demonstrates that an expedited 
decision benefits the public rather than the requester or interested party; or
(ii)
12 business days after the governmental entity sends the notice of appeal to a 
person who submitted a claim of business confidentiality.
(b)
(i)
If the chief administrative officer fails to make a decision on an appeal of an 
access denial within the time specified in Subsection (5)(a), the failure is the 
equivalent of a decision affirming the access denial.
(ii)
If the chief administrative officer fails to make a decision on an appeal under 
Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the 
equivalent of a decision affirming the claim of extraordinary circumstances or the 
reasonableness of the date specified when the records will be available.
(c)
The provisions of this section notwithstanding, the parties participating in the 
proceeding may, by agreement, extend the time periods specified in this section.
(6)
Except as provided in Section 
63G-2-406
, the chief administrative officer 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 under Subsection 
63G-2-302
(2) or protected under Section 
63G-2-305
 if the interests favoring access are greater than or equal to the interests 
favoring restriction of access.
(7)
(a)
The governmental entity shall send written notice of the chief administrative 
officer's decision to all participants.
(b)
If the chief administrative officer's decision is to affirm the access denial in whole or 
in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall 
include:
(i)
a statement that the requester has a right under Section 
63A-12-111
63A-12-204
to request the government records ombudsman to mediate the dispute between the 
requester and the governmental entity concerning the access denial or the fee 
waiver denial;
(ii)
a statement that the requester or interested party has the right to appeal the 
decision, as provided in Section 
63G-2-402
, to:
(A)
the 
State Records Committee
director
 or district court; or
(B)
the local appeals board, if the governmental entity is a political subdivision 
and the governmental entity has established a local appeals board;
(iii)
the time limits for filing an appeal described in Subsection (7)(b)(ii), including 
an explanation of a suspension of the time limits, as provided in Subsections 
63G-2-403
(1)(c) and 
63G-2-404
(1)(b), for a requester if the requester seeks 
mediation under Section 
63A-12-111
63A-12-204
; and
(iv)
the name and business address of:
(A)
the executive secretary of the State Records Committee; 
(A)
the director;
(B)
the individual designated as the contact individual for the appeals board, if the 
governmental entity is a political subdivision that has established an appeals 
board under Subsection 
63G-2-701
(5)(c); and
(C)
the government records ombudsman.
(8)
(a)
A person aggrieved by a governmental entity's classification or designation 
determination under this chapter, but who is not requesting access to the records, may 
appeal that determination using the procedures provided in this section. 
(b)
If a nonrequester is the only appellant, the procedures provided in this section shall 
apply, except that the decision on the appeal shall be made within 30 days 
after 
receiving
after the day on which the appellant files
 the notice of appeal.
(9)
The duties of the chief administrative officer under this section may be delegated.
Section 16, Section 
63G-2-402
 is amended to read:
63G-2-402
. Appealing a decision of a chief administrative officer.
(1)
If the decision of the chief administrative officer of a governmental entity under Section 
63G-2-401
 is to affirm the denial of a record request or to affirm the denial of a fee 
waiver, the requester may:
(a)
(i)
appeal the decision to the 
State Records Committee
director
, as provided in 
Section 
63G-2-403
; or
(ii)
petition for judicial review of the decision in district court, as provided in Section 
63G-2-404
; 
(b)
seek mediation of the access denial or fee waiver denial under Subsection 
63A-12-111
(2)(c)
63A-12-204(1)(a)(iii)
; or
(c)
appeal the decision to the local appeals board if:
(i)
the decision is of a chief administrative officer of a governmental entity that is a 
political subdivision; and
(ii)
the political subdivision has established a local appeals board.
(2)
A requester who appeals a chief administrative officer's decision to the 
State Records 
Committee
director
 or a local appeals board does not lose or waive the right to seek 
judicial review of the decision of the 
State Records Committee
director
 or 
the 
local 
appeals board.
(3)
As provided in Section 
63G-2-403
, an interested party may appeal to the 
State Records 
Committee
director of the Government Records Office
 a chief administrative officer's 
decision under Section 
63G-2-401
 affirming an access denial.
Section 17, Section 
63G-2-403
 is amended to read:
63G-2-403
. Appeals to the director of the Government Records Office.
(1)
(a)
A records 
committee 
appellant appeals to the 
State Records Committee
director
by filing a notice of appeal with the 
executive secretary of the State Records 
Committee
director
 no later than 30 days after 
the date of issuance of
the day on 
which
 the decision being appealed
 is issued
.
(b)
Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the 
executive secretary of the State Records Committee
director
 no later than 45 days 
after the day on which the record request is made if:
(i)
the circumstances described in Subsection 
63G-2-401
(1)(b) occur; and
(ii)
the chief administrative officer fails to make a decision under Section 
63G-2-401
.
(c)
The time for a requester to file a notice of appeal under Subsection (1)(a) or (b) is 
suspended for the period of time that:
(i)
begins 
on 
the date the requester submits a request under Section 
63A-12-111
63A-12-204
 for the government records ombudsman to mediate the dispute 
between the requester and the governmental entity; and
(ii)
ends the earlier of the following dates:
(A)
the date that the government records ombudsman certifies in writing that the 
mediation is concluded; or
(B)
the date that the government records ombudsman certifies in writing that the 
mediation did not occur or was not concluded because of a lack of the required 
consent.
(2)
The notice of appeal shall:
(a)
contain the name, mailing address, and daytime telephone number of the records 
committee 
appellant;
(b)
be accompanied by a copy of the decision being appealed; and
(c)
state the relief sought.
(3)
The records 
committee 
appellant:
(a)
shall, on the day on which the notice of appeal is filed with the 
State Records 
Committee
director
, serve a copy of the notice of appeal on:
(i)
the governmental entity whose access denial or fee waiver denial is the subject of 
the appeal, if the records 
committee 
appellant is a requester or interested party; or
(ii)
the requester or interested party who is a party to the local appeals board 
proceeding that resulted in the decision that the political subdivision is appealing 
to the 
committee
director
, if the records 
committee 
appellant is a political 
subdivision; and
(b)
may file a short statement of facts, reasons, and legal authority in support of the 
appeal.
(4)
(a)
Except as provided in Subsections (4)(b) and (c), no later than seven business 
days after receiving a notice of appeal, the 
executive secretary of the State Records 
Committee
director
 shall:
(i)
schedule a hearing for the 
State Records Committee
director
 to discuss the appeal 
at the next regularly scheduled 
committee meeting falling
hearing date that is
 at 
least 16 
calendar 
days after the date the notice of appeal is filed but no 
longer 
later 
than 64 calendar days after the date the notice of appeal 
was 
is 
filed
,
 except 
that the 
committee 
director 
may schedule an expedited hearing upon application 
of the records 
committee 
appellant and good cause shown;
(ii)
send a copy of the notice of hearing to the records 
committee 
appellant; and
(iii)
send a copy of the notice of appeal, supporting statement, and a notice of hearing 
to:
(A)
each member of the State Records Committee;
(B)
(A)
the records officer and the chief administrative officer of the 
governmental entity whose access denial is the subject of the appeal, if the 
records 
committee 
appellant is a requester or interested party;
(C)
(B)
any person who made a business confidentiality claim under Section 
63G-2-309
 for a record that is the subject of the appeal; and
(D)
(C)
all persons who participated in the proceedings before the governmental 
entity's chief administrative officer, if the appeal is of the chief administrative 
officer's decision affirming an access denial.
(b)
(i)
The 
executive secretary of the State Records Committee 
director 
may decline 
to schedule a hearing if the record series that is the subject of the appeal has been 
found by the 
committee 
director 
in a previous hearing involving the same 
governmental entity to be appropriately classified as private, controlled, or 
protected.
(ii)
(A)
If the 
executive secretary of the State Records Committee 
director 
declines to schedule a hearing, the 
executive secretary 
director 
shall send a 
notice to the records 
committee 
appellant indicating that the request for 
hearing has been denied and the reason for the denial.
(B)
The State Records Committee shall make rules to implement this section as 
provided by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
The 
executive secretary of the State Records Committee 
director 
may schedule a 
hearing on an appeal to the 
State Records Committee at
director on
 a regularly
-
scheduled 
State Records Committee meeting 
hearing date 
that is later than the 
period described in Subsection (4)(a)(i) if that 
committee meeting 
hearing date 
is 
the first regularly
-
scheduled 
State Records Committee meeting 
hearing date 
at 
which there are fewer than 10 appeals scheduled to be heard.
(5)
(a)
No later than five business days before the
 day of the
 hearing, a governmental 
entity shall submit to the 
executive secretary of the State Records Committee 
director 
a written statement of facts, reasons, and legal authority in support of the 
governmental entity's position.
(b)
The governmental entity shall send a copy of the written statement by first class 
mail, postage prepaid, to the requester or interested party involved in the appeal. 
The executive secretary shall forward a copy of the written statement to each member 
of the State Records Committee.
(6)
(a)
No later than 10 business days after the day on which the 
executive secretary 
director 
sends the notice of appeal, a person whose legal interests may be 
substantially affected by the proceeding may file a request for intervention with the 
State Records Committee
director
.
(b)
Any written statement of facts, reasons, and legal authority in support of the 
intervener's position shall be filed with the request for intervention.
(c)
The person seeking intervention shall provide copies of the statement described in 
Subsection (6)(b) to all parties to the proceedings before the 
State Records 
Committee
director
.
(7)
(a)
The 
State Records Committee 
director 
shall hold a hearing within the period of 
time described in Subsection (4).
(b)
In accordance with Chapter 3, Utah Administrative Rulemaking Act, the division 
shall make rules requiring that a hearing under this section is open to the public in 
substantially the same manner as a meeting under Title 52, Chapter 4, Open and 
Public Meetings Act.
(8)
At the hearing, the 
State Records Committee 
director:
(a)
shall allow the parties to testify, present evidence, and comment on the issues
. The 
committee 
; and
(b)
may allow other interested persons to comment on the issues.
(9)
(a)
(i)
The 
State Records Committee
director
:
(A)
may review the disputed records; and
(B)
shall review the disputed records, if the 
committee 
director 
is weighing the 
various interests under Subsection (11).
(ii)
A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
(b)
Members of the State Records Committee 
The director 
may not disclose any 
information or record reviewed by the 
committee 
director 
in camera unless the 
disclosure is otherwise authorized by this chapter.
(10)
(a)
Discovery is prohibited, but the 
State Records Committee 
director 
may issue 
subpoenas or other orders to compel production of necessary evidence.
(b)
When the subject of a 
State Records Committee 
subpoena 
issued by the director 
disobeys or fails to comply with the subpoena, the 
committee 
director 
may file a 
motion for an order to compel obedience to the subpoena with the district court.
(c)
(i)
The 
State Records Committee's 
director's 
review shall be de novo, if the 
appeal is an appeal from a decision of a chief administrative officer:
(A)
issued under Section 
63G-2-401
; or
(B)
issued by a chief administrative officer of a political subdivision that has not 
established a local appeals board.
(ii)
For an appeal from a decision of a local appeals board, the 
State Records 
Committee 
director 
shall review and consider the decision of the local appeals 
board.
(11)
(a)
No later than seven business days after the 
day of the 
hearing, the 
State Records 
Committee 
director 
shall issue a signed order:
(i)
granting the relief sought, in whole or in part; or
(ii)
upholding the governmental entity's access denial, in whole or in part.
(b)
Except as provided in Section 
63G-2-406
, the 
State Records Committee
director
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 public 
interest favoring access is greater than or equal to the interest favoring restriction of 
access.
(c)
In making a determination under Subsection (11)(b), the 
State Records Committee
director
 shall consider and, where appropriate, limit the requester's or interested 
party's use and further disclosure of the record in order to protect:
(i)
privacy interests in the case of a private or controlled record;
(ii)
business confidentiality interests in the case of a record protected under 
Subsection 
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii)
privacy interests or the public interest in the case of other protected records.
(12)
The order of the 
State Records Committee 
director 
shall include:
(a)
a statement of reasons for the decision, including citations to this chapter, court rule 
or order, another state statute, federal statute, or federal regulation that governs 
disclosure of the record, if the citations do not disclose private, controlled, or 
protected information;
(b)
a description of the record or portions of the record to which access 
was 
is 
ordered 
or denied, if the description does not disclose private, controlled, or protected 
information or information exempt from disclosure under Subsection 
63G-2-201
(3)(b);
(c)
a statement that any party to the proceeding before the 
State Records Committee 
director 
may appeal the 
committee's 
director's 
decision to district court; and
(d)
a brief summary of the appeals process, the time limits for filing an appeal, and a 
notice that in order to protect its rights on appeal, the party may wish to seek advice 
from an attorney.
(13)
(a)
If the 
State Records Committee 
director 
fails to issue a decision within 73 
calendar days 
after the day 
of the filing of the notice of appeal, that failure is the 
equivalent of an order denying the appeal.
(b)
A records 
committee 
appellant shall notify the 
State Records Committee 
director 
in writing if the records 
committee 
appellant considers the appeal denied.
(14)
A party to a proceeding before the 
State Records Committee 
director 
may seek 
judicial review in district court of a 
State Records Committee 
director's 
order by filing 
a petition for review of the order as provided in Section 
63G-2-404
.
(15)
(a)
Unless a notice of intent to appeal is filed under Subsection (15)(b), each party to 
the proceeding shall comply with the order of the 
State Records Committee
director
.
(b)
If a party disagrees with the order of the 
State Records Committee
director
, that 
party may file a notice of intent to appeal the order.
(c)
If the 
State Records Committee 
director 
orders the governmental entity to produce 
a record and no appeal is filed, or if, as a result of the appeal, the governmental entity 
is required to produce a record, the governmental entity shall:
(i)
produce the record; and
(ii)
file a notice of compliance with the 
committee
director
.
(d)
(i)
If the governmental entity that is ordered to produce a record fails to file a 
notice of compliance or a notice of intent to appeal, the 
State Records Committee 
director 
may do either or both of the following:
(A)
impose a civil penalty of up to $500 for each day of continuing 
noncompliance; or
(B)
send written notice of the governmental entity's noncompliance to the 
governor.
(ii)
In imposing a civil penalty, the 
State Records Committee 
director 
shall consider 
the gravity and circumstances of the violation, including whether the failure to 
comply was due to neglect or was willful or intentional.
Section 18, 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, subject to Subsection (1)(b).
(b)
The time for a requester to file a petition for judicial review under Subsection (1)(a) 
is suspended for the period of time that:
(i)
begins the date the requester submits a request under Section 
63A-12-111
63A-12-204
 for the government records ombudsman to mediate the dispute 
between the requester and the governmental entity; and
(ii)
ends the earlier of the following dates:
(A)
the date that the government records ombudsman certifies in writing that the 
mediation is concluded; or
(B)
the date that the government records ombudsman certifies in writing that the 
mediation did not occur or was not concluded because of a lack of the required 
consent.
(2)
(a)
A petition for judicial review is a complaint governed by the Utah Rules of Civil 
Procedure and shall contain:
(i)
the petitioner's name and mailing address;
(ii)
a copy of the 
State Records Committee 
director's 
order from which the appeal is 
taken, if the petitioner is seeking judicial review of an order of the 
State Records 
Committee
director
;
(iii)
the name and mailing address of the governmental entity that issued the initial 
determination with a copy of that determination;
(iv)
a request for relief specifying the type and extent of relief requested; and
(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)
(a)
The district court may review the disputed records.
 The 
(b)
A 
review 
described in Subsection 
(5)(a)
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 
director's 
order, allow introduction of evidence 
presented to the 
State Records Committee
director
;
(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 
director 
if:
(i)
the remand is to allow the 
State Records Committee 
director 
to decide an issue 
that:
(A)
involves access to a record; and
(B)
the 
State Records Committee has not previously addressed
director did not 
address
 in the proceeding that led to the petition for judicial review; and
(ii)
the court determines that remanding to the 
State Records Committee 
director 
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 19, Section 
63G-2-701
 is amended to read:
63G-2-701
. Political subdivisions may adopt ordinances in compliance with 
chapter -- Appeal process.
(1)
As used in this section:
(a)
"Access denial" means the same as that term is defined in Section 
63G-2-400.5
.
(b)
"Interested party" means the same as that term is defined in Section 
63G-2-400.5
.
(c)
"Requester" means the same as that term is defined in Section 
63G-2-400.5
.
(2)
(a)
Each political subdivision may adopt an ordinance or a policy applicable 
throughout its jurisdiction relating to information practices including classification, 
designation, access, denials, segregation, appeals, management, retention, and 
amendment of records.
(b)
The ordinance or policy shall comply with the criteria set forth in this section.
(c)
If any political subdivision does not adopt and maintain an ordinance or policy, then 
that political subdivision is subject to this chapter.
(d)
Notwithstanding the adoption of an ordinance or policy, each political subdivision is 
subject to 
Part 1, General Provisions
, 
Part 3, Classification
, and Sections 
63A-12-105
, 
63A-12-107
, 
63G-2-201
, 
63G-2-202
, 
63G-2-205
, 
63G-2-206
, 
63G-2-601
, and 
63G-2-602
.
(e)
Every ordinance, policy, or amendment to the ordinance or policy shall be filed with 
the state archives no later than 30 days after its effective date.
(f)
The political subdivision shall also report to the state archives all retention schedules, 
and all designations and classifications applied to record series maintained by the 
political subdivision.
(g)
The report required by Subsection 
(2)(f)
 is notification to state archives of the 
political subdivision's retention schedules, designations, and classifications. The 
report is not subject to approval by state archives. If state archives determines that a 
different retention schedule is needed for state purposes, state archives shall notify 
the political subdivision of the state's retention schedule for the records and shall 
maintain the records if requested to do so under Subsection 
63A-12-105(2)
.
(3)
Each ordinance or policy relating to information practices shall:
(a)
provide standards for the classification and designation of the records of the political 
subdivision as public, private, controlled, or protected in accordance with 
Part 3, 
Classification
;
(b)
require the classification of the records of the political subdivision in accordance 
with those standards;
(c)
provide guidelines for establishment of fees in accordance with Section 
63G-2-203
; 
and
(d)
provide standards for the management and retention of the records of the political 
subdivision comparable to Section 
63A-12-103
.
(4)
(a)
Each ordinance or policy shall establish access criteria, procedures, and response 
times for requests to inspect, obtain, or amend records of the political subdivision, 
and time limits for appeals consistent with this chapter.
(b)
In establishing response times for access requests and time limits for appeals, the 
political subdivision may establish reasonable time frames different than those set out 
in Section 
63G-2-204
 and 
Part 4, Appeals
, if it determines that the resources of the 
political subdivision are insufficient to meet the requirements of those sections.
(5)
(a)
A political subdivision shall establish an appeals process for persons aggrieved by 
classification, designation, or access decisions.
(b)
A political subdivision's appeals process shall include a process for a requester or 
interested party to appeal an access denial to a person designated by the political 
subdivision as the chief administrative officer for purposes of an appeal under 
Section 
63G-2-401
.
(c)
(i)
A political subdivision may establish an appeals board to decide an appeal of a 
decision of the chief administrative officer affirming an access denial.
(ii)
An appeals board established by a political subdivision shall be composed of 
three members:
(A)
one of whom shall be an employee of the political subdivision; and
(B)
two of whom shall be members of the public who are not employed by or 
officials of a governmental entity, at least one of whom shall have professional 
experience with requesting or managing records.
(iii)
If a political subdivision establishes an appeals board, any appeal of a decision of 
a chief administrative officer shall be made to the appeals board.
(iv)
If a political subdivision does not establish an appeals board, the political 
subdivision's appeals process shall provide for an appeal of a chief administrative 
officer's decision to the 
State Records Committee
director of the Government 
Records Office
, as provided in Section 
63G-2-403
.
(6)
(a)
A political subdivision or requester may appeal an appeals board decision:
(i)
to the 
State Records Committee
director of the Government Records Office
, as 
provided in Section 
63G-2-403
; or
(ii)
by filing a petition for judicial review with the district court.
(b)
The contents of a petition for judicial review under Subsection 
(6)(a)(ii)
 and the 
conduct of the proceeding shall be in accordance with Sections 
63G-2-402
 and 
63G-2-404
.
(c)
A person who appeals an appeals board decision to the 
State Records Committee 
director of the Government Records Office 
does not lose or waive the right to seek 
judicial review of the decision of the 
State Records Committee
director of the 
Government Records Office
.
(7)
Any political subdivision that adopts an ordinance or policy under Subsection 
(1)
 shall 
forward to state archives a copy and summary description of the ordinance or policy.
Section 20, Section 
63G-2-702
 is amended to read:
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 
(6)
.
(b)
The judiciary is not subject to 
Part 5, State Records Committee
, and
Title 63A, 
Chapter 12, Part 2, Government Records Office, or
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.
(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
.
(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 and Management 
of Government Records
.
Section 21, 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:
(i)
Section 
63G-2-203
 or 
63G-2-209
; or
(ii)
Part 4, Appeals
, 
Part 5, State Records Committee
Title 63A, Chapter 12, Part 2, 
Government Records Office
, 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 and Management of Government Records
:
Sections 
(i)
Section 
63A-12-102
, 
;
(ii)
Section 
63A-12-102.5
,
;
 and
(iii)
Section 
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
(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 and Management of 
Government Records
.
Section 22, Section 
63G-2-704
 is amended 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 and Management of 
Government Records
:
(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 and Management of Government Records
.
(6)
An individual in an executive branch management position, as defined in Section 
67-1-1.5
:
(a)
is not subject to Part 6, Collection of Information and Accuracy of Records; and
(b)
is subject to a policy for record amendment or retention created by the governor 
under Subsection (3)(a).
Section 23, Section 
63G-2-801
 is amended to read:
63G-2-801
. Criminal penalties.
(1)
(a)
A public employee or other person who has lawful access to any private, 
controlled, or protected record under this chapter, and who intentionally discloses, 
provides a copy of, or improperly uses a private, controlled, or protected record 
knowing that the disclosure or use is prohibited under this chapter, is, except as 
provided in Subsection 
53-5-708(1)(c)
, guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(1)(a)
 that the actor used or released 
private, controlled, or protected information in the reasonable belief that the use or 
disclosure of the information was necessary to expose a violation of law involving 
government corruption, abuse of office, or misappropriation of public funds or 
property.
(c)
It is a defense to prosecution under Subsection 
(1)(a)
 that the record could have 
lawfully been released to the recipient if it had been properly classified.
(d)
It is a defense to prosecution under Subsection 
(1)(a)
 that the public employee or 
other person disclosed, provided, or used the record based on a good faith belief that 
the disclosure, provision, or use was in accordance with the law.
(2)
(a)
A person who by false pretenses, bribery, or theft, gains access to or obtains a 
copy of any private, controlled, or protected record to which the person is not legally 
entitled is guilty of a class B misdemeanor.
(b)
No person shall be guilty under Subsection 
(2)(a)
 who receives the record, 
information, or copy after the fact and without prior knowledge of or participation in 
the false pretenses, bribery, or theft.
(3)
(a)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by law, is guilty of a class B misdemeanor.
(b)
It is a defense to prosecution under Subsection 
(3)(a)
 that the public employee's 
failure to release the record was based on a good faith belief that the public employee 
was acting in accordance with the requirements of law.
(c)
A public employee who intentionally refuses to release a record, the disclosure of 
which the employee knows is required by a final unappealed order from a 
government entity, the 
State Records Committee
director of the Government 
Records Office
, or a court is guilty of a class B misdemeanor.
Section 24, Section 
63H-1-202
 is amended to read:
63H-1-202
. Applicability of other law.
(1)
As used in this section:
(a)
"Subsidiary" means an authority subsidiary that is a public body as defined in 
Section 
52-4-103
.
(b)
"Subsidiary board" means the governing body of a subsidiary.
(2)
The authority or land within a project area is not subject to:
(a)
Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
(b)
Title 17, Chapter 27a, County Land Use, Development, and Management Act;
(c)
ordinances or regulations of a county or municipality, including those relating to land 
use, health, business license, or franchise; or
(d)
the jurisdiction of a special district under Title 17B, Limited Purpose Local 
Government Entities - Special Districts, or a special service district under Title 17D, 
Chapter 1, Special Service District Act.
(3)
The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
, 
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed by 
Title 63E, Independent Entities Code.
(4)
(a)
The definitions in Section 
57-8-3
 apply to this Subsection (4).
(b)
Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership Act, 
or any other provision of law:
(i)
if the military is the owner of land in a project area on which a condominium 
project is constructed, the military is not required to sign, execute, or record a 
declaration of a condominium project; and
(ii)
if a condominium unit in a project area is owned by the military or owned by the 
authority and leased to the military for $1 or less per calendar year, not including 
any common charges that are reimbursements for actual expenses:
(A)
the condominium unit is not subject to any liens under Title 57, Chapter 8, 
Condominium Ownership Act;
(B)
condominium unit owners within the same building or commercial 
condominium project may agree on any method of allocation and payment of 
common area expenses, regardless of the size or par value of each unit; and
(C)
the condominium project may not be dissolved without the consent of all the 
condominium unit owners.
(5)
Notwithstanding any other provision, when a law requires the consent of a local 
government, the authority is the consenting entity for a project area.
(6)
(a)
A department, division, or other agency of the state and a political subdivision of 
the state shall cooperate with the authority to the fullest extent possible to provide 
whatever support, information, or other assistance the authority requests that is 
reasonably necessary to help the authority fulfill the authority's duties and 
responsibilities under this chapter.
(b)
Subsection (6)(a) does not apply to a political subdivision that does not have any of a 
project area located within the boundary of the political subdivision.
(7)
(a)
The authority and a subsidiary are subject to Title 52, Chapter 4, Open and Public 
Meetings Act, except that:
(i)
notwithstanding Section 
52-4-104
, the timing and nature of training to authority 
board members or subsidiary board members on the requirements of Title 52, 
Chapter 4, Open and Public Meetings Act, may be determined by:
(A)
the board chair, for the authority board; or
(B)
the subsidiary board chair, for a subsidiary board;
(ii)
authority staff may adopt a rule governing the use of electronic meetings under 
Section 
52-4-207
, if, under Subsection 
63H-1-301
(3), the board delegates to 
authority staff the power to adopt the rule; and
(iii)
for an electronic meeting of the authority board or subsidiary board that 
otherwise complies with Section 
52-4-207
, the authority board or subsidiary 
board, respectively:
(A)
is not required to establish an anchor location; and
(B)
may convene and conduct the meeting without the determination otherwise 
required under Subsection 
52-4-207
(5)(a)(i).
(b)
The authority and subsidiaries are not required to physically post notice 
notwithstanding any other provision of law.
(8)
The authority and a subsidiary are subject to Title 63G, Chapter 2, Government Records 
Access and Management Act, except that:
(a)
notwithstanding Section 
63G-2-701
:
(i)
the authority may establish an appeals board consisting of at least three members;
(ii)
an appeals board established under Subsection (8)(a)(i) shall include:
(A)
one of the authority board members appointed by the governor;
(B)
the authority board member appointed by the president of the Senate; and
(C)
the authority board member appointed by the speaker of the House of 
Representatives; and
(iii)
an appeal of a decision of an appeals board is to district court, as provided in 
Section 
63G-2-404
, except that the 
State Records Committee is not a party
Government Records Office and the director of the Government Records Office 
are not parties
; and
(b)
a record created or retained by the authority or a subsidiary acting in the role of a 
facilitator under Subsection 
63H-1-201
(3)(v) is a protected record under Title 63G, 
Chapter 2, Government Records Access and Management Act.
(9)
The authority or a subsidiary acting in the role of a facilitator under Subsection 
63H-1-201
(3)(v) is not prohibited from receiving a benefit from a public-private 
partnership that results from the facilitator's work as a facilitator.
(10)
(a)
(i)
A subsidiary created as a public infrastructure district under Title 17D, 
Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 
17D, Chapter 4, Public Infrastructure District Act, levy a property tax for the 
operations and maintenance of the public infrastructure district's financed 
infrastructure and related improvements, subject to a maximum rate of .015.
(ii)
A levy under Subsection (10)(a)(i) may be separate from a public infrastructure 
district property tax levy for a bond.
(b)
If a subsidiary created as a public infrastructure district issues a bond:
(i)
the subsidiary may:
(A)
delay the effective date of the property tax levy for the bond until after the 
period of capitalized interest payments; and
(B)
covenant with bondholders not to reduce or impair the property tax levy; and
(ii)
notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public 
Infrastructure District Act, the tax rate for the property tax levy for the bond may 
not exceed a rate that generates more revenue than required to pay the annual debt 
service of the bond plus administrative costs, subject to a maximum of .02.
(c)
(i)
A subsidiary created as a public infrastructure district under Title 17D, Chapter 
4, Public Infrastructure District Act, may create tax areas, as defined in Section 
59-2-102
, within the public infrastructure district and apply a different property 
tax rate to each tax area, subject to the maximum rate limitations described in 
Subsections (10)(a)(i) and (10)(b)(ii).
(ii)
If a subsidiary created by a public infrastructure district issues bonds, the 
subsidiary may issue bonds secured by property taxes from:
(A)
the entire public infrastructure district; or
(B)
one or more tax areas within the public infrastructure district.
(11)
(a)
Terms defined in Section 
57-11-2
 apply to this Subsection (11).
(b)
Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an 
offer or disposition of an interest in land if the interest in land lies within the 
boundaries of the project area and the authority:
(i)
(A)
has a development review committee using at least one professional planner;
(B)
enacts standards and guidelines that require approval of planning, land use, 
and plats, including the approval of plans for streets, culinary water, sanitary 
sewer, and flood control; and
(C)
will have the improvements described in Subsection (11)(b)(i)(B) plus 
telecommunications and electricity; and
(ii)
if at the time of the offer or disposition, the subdivider furnishes satisfactory 
assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
(12)
(a)
As used in this Subsection (12), "officer" means the same as an officer within the 
meaning of the Utah Constitution, Article IV, Section 10.
(b)
An official act of an officer may not be invalidated for the reason that the officer 
failed to take the oath of office.
Section 25, Section 
67-3-1
 is amended to read:
67-3-1
. Functions and duties.
(1)
(a)
The state auditor is the auditor of public accounts and is independent of any 
executive or administrative officers of the state.
(b)
The state auditor is not limited in the selection of personnel or in the determination 
of the reasonable and necessary expenses of the state auditor's office.
(2)
The state auditor shall examine and certify annually in respect to each fiscal year, 
financial statements showing:
(a)
the condition of the state's finances;
(b)
the revenues received or accrued;
(c)
expenditures paid or accrued;
(d)
the amount of unexpended or unencumbered balances of the appropriations to the 
agencies, departments, divisions, commissions, and institutions; and
(e)
the cash balances of the funds in the custody of the state treasurer.
(3)
(a)
The state auditor shall:
(i)
audit each permanent fund, each special fund, the General Fund, and the accounts 
of any department of state government or any independent agency or public 
corporation as the law requires, as the auditor determines is necessary, or upon 
request of the governor or the Legislature;
(ii)
perform the audits in accordance with generally accepted auditing standards and 
other auditing procedures as promulgated by recognized authoritative bodies; and
(iii)
as the auditor determines is necessary, conduct the audits to determine:
(A)
honesty and integrity in fiscal affairs;
(B)
accuracy and reliability of financial statements;
(C)
effectiveness and adequacy of financial controls; and
(D)
compliance with the law.
(b)
If any state entity receives federal funding, the state auditor shall ensure that the 
audit is performed in accordance with federal audit requirements.
(c)
(i)
The costs of the federal compliance portion of the audit may be paid from an 
appropriation to the state auditor from the General Fund.
(ii)
If an appropriation is not provided, or if the federal government does not 
specifically provide for payment of audit costs, the costs of the federal compliance 
portions of the audit shall be allocated on the basis of the percentage that each 
state entity's federal funding bears to the total federal funds received by the state.
(iii)
The allocation shall be adjusted to reflect any reduced audit time required to 
audit funds passed through the state to local governments and to reflect any 
reduction in audit time obtained through the use of internal auditors working 
under the direction of the state auditor.
(4)
(a)
Except as provided in Subsection (4)(b), the state auditor shall, in addition to 
financial audits, and as the auditor determines is necessary, conduct performance and 
special purpose audits, examinations, and reviews of any entity that receives public 
funds, including a determination of any or all of the following:
(i)
the honesty and integrity of all the entity's fiscal affairs;
(ii)
whether the entity's administrators have faithfully complied with legislative intent;
(iii)
whether the entity's operations have been conducted in an efficient, effective, and 
cost-efficient manner;
(iv)
whether the entity's programs have been effective in accomplishing the intended 
objectives; and
(v)
whether the entity's management, control, and information systems are adequate, 
effective, and secure.
(b)
The auditor may not conduct performance and special purpose audits, examinations, 
and reviews of any entity that receives public funds if the entity:
(i)
has an elected auditor; and
(ii)
has, within the entity's last budget year, had the entity's financial statements or 
performance formally reviewed by another outside auditor.
(5)
The state auditor:
(a)
shall administer any oath or affirmation necessary to the performance of the duties of 
the auditor's office; and
(b)
may:
(i)
subpoena witnesses and documents, whether electronic or otherwise; and
(ii)
examine into any matter that the auditor considers necessary.
(6)
The state auditor may require all persons who have had the disposition or management 
of any property of this state or its political subdivisions to submit statements regarding 
the property at the time and in the form that the auditor requires.
(7)
The state auditor shall:
(a)
except where otherwise provided by law, institute suits in Salt Lake County in 
relation to the assessment, collection, and payment of revenues against:
(i)
persons who by any means have become entrusted with public money or property 
and have failed to pay over or deliver the money or property; and
(ii)
all debtors of the state;
(b)
collect and pay into the state treasury all fees received by the state auditor;
(c)
perform the duties of a member of all boards of which the state auditor is a member 
by the constitution or laws of the state, and any other duties that are prescribed by the 
constitution and by law;
(d)
stop the payment of the salary of any state official or state employee who:
(i)
refuses to settle accounts or provide required statements about the custody and 
disposition of public funds or other state property;
(ii)
refuses, neglects, or ignores the instruction of the state auditor or any controlling 
board or department head with respect to the manner of keeping prescribed 
accounts or funds; or
(iii)
fails to correct any delinquencies, improper procedures, and errors brought to the 
official's or employee's attention;
(e)
establish accounting systems, methods, and forms for public accounts in all taxing or 
fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f)
superintend the contractual auditing of all state accounts;
(g)
subject to Subsection (8)(a), withhold state allocated funds or the disbursement of 
property taxes from a state or local taxing or fee-assessing unit, if necessary, to 
ensure that officials and employees in those taxing units comply with state laws and 
procedures in the budgeting, expenditures, and financial reporting of public funds;
(h)
subject to Subsection (9), withhold the disbursement of tax money from any county, 
if necessary, to ensure that officials and employees in the county comply with 
Section 
59-2-303.1
; and
(i)
withhold state allocated funds or the disbursement of property taxes from a local 
government entity or a limited purpose entity, as those terms are defined in Section 
67-1a-15
 if the state auditor finds the withholding necessary to ensure that the entity 
registers and maintains the entity's registration with the lieutenant governor, in 
accordance with Section 
67-1a-15
.
(8)
(a)
Except as otherwise provided by law, the state auditor may not withhold funds 
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received 
formal written notice of noncompliance from the auditor and has been given 60 days 
to make the specified corrections.
(b)
If, after receiving notice under Subsection (8)(a), a state or independent local 
fee-assessing unit that exclusively assesses fees has not made corrections to comply 
with state laws and procedures in the budgeting, expenditures, and financial reporting 
of public funds, the state auditor:
(i)
shall provide a recommended timeline for corrective actions;
(ii)
may prohibit the state or local fee-assessing unit from accessing money held by 
the state; and
(iii)
may prohibit a state or local fee-assessing unit from accessing money held in an 
account of a financial institution by filing an action in a court with jurisdiction 
under Title 78A, Judiciary and Judicial Administration, requesting an order of the 
court to prohibit a financial institution from providing the fee-assessing unit 
access to an account.
(c)
The state auditor shall remove a limitation on accessing funds under Subsection (8)(b) 
upon compliance with state laws and procedures in the budgeting, expenditures, and 
financial reporting of public funds.
(d)
If a local taxing or fee-assessing unit has not adopted a budget in compliance with 
state law, the state auditor:
(i)
shall provide notice to the taxing or fee-assessing unit of the unit's failure to 
comply;
(ii)
may prohibit the taxing or fee-assessing unit from accessing money held by the 
state; and
(iii)
may prohibit a taxing or fee-assessing unit from accessing money held in an 
account of a financial institution by:
(A)
contacting the taxing or fee-assessing unit's financial institution and 
requesting that the institution prohibit access to the account; or
(B)
filing an action in a court with jurisdiction under Title 78A, Judiciary and 
Judicial Administration, requesting an order of the court to prohibit a financial 
institution from providing the taxing or fee-assessing unit access to an account.
(e)
If the local taxing or fee-assessing unit adopts a budget in compliance with state law, 
the state auditor shall eliminate a limitation on accessing funds described in 
Subsection (8)(d).
(9)
The state auditor may not withhold funds under Subsection (7)(h) until a county has 
received formal written notice of noncompliance from the auditor and has been given 60 
days to make the specified corrections.
(10)
(a)
The state auditor may not withhold funds under Subsection (7)(i) until the state 
auditor receives a notice of non-registration, as that term is defined in Section 
67-1a-15
.
(b)
If the state auditor receives a notice of non-registration, the state auditor may 
prohibit the local government entity or limited purpose entity, as those terms are 
defined in Section 
67-1a-15
, from accessing:
(i)
money held by the state; and
(ii)
money held in an account of a financial institution by:
(A)
contacting the entity's financial institution and requesting that the institution 
prohibit access to the account; or
(B)
filing an action in a court with jurisdiction under Title 78A, Judiciary and 
Judicial Administration, requesting an order of the court to prohibit a financial 
institution from providing the entity access to an account.
(c)
The state auditor shall remove the prohibition on accessing funds described in 
Subsection (10)(b) if the state auditor received a notice of registration, as that term is 
defined in Section 
67-1a-15
, from the lieutenant governor.
(11)
Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the state 
auditor:
(a)
shall authorize a disbursement by a local government entity or limited purpose entity, 
as those terms are defined in Section 
67-1a-15
, or a state or local taxing or 
fee-assessing unit if the disbursement is necessary to:
(i)
avoid a major disruption in the operations of the local government entity, limited 
purpose entity, or state or local taxing or fee-assessing unit; or
(ii)
meet debt service obligations; and
(b)
may authorize a disbursement by a local government entity, limited purpose entity, 
or state or local taxing or fee-assessing unit as the state auditor determines is 
appropriate.
(12)
(a)
The state auditor may seek relief under the Utah Rules of Civil Procedure to take 
temporary custody of public funds if an action is necessary to protect public funds 
from being improperly diverted from their intended public purpose.
(b)
If the state auditor seeks relief under Subsection (12)(a):
(i)
the state auditor is not required to exhaust the procedures in Subsection (7) or (8); 
and
(ii)
the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if 
a court orders the public funds to be protected from improper diversion from their 
public purpose.
(13)
The state auditor shall:
(a)
establish audit guidelines and procedures for audits of local mental health and 
substance abuse authorities and their contract providers, conducted pursuant to Title 
17, Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 
3, Local Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance 
Use and Mental Health, and Title 51, Chapter 2a, Accounting Reports from Political 
Subdivisions, Interlocal Organizations, and Other Local Entities Act; and
(b)
ensure that those guidelines and procedures provide assurances to the state that:
(i)
state and federal funds appropriated to local mental health authorities are used for 
mental health purposes;
(ii)
a private provider under an annual or otherwise ongoing contract to provide 
comprehensive mental health programs or services for a local mental health 
authority is in compliance with state and local contract requirements and state and 
federal law;
(iii)
state and federal funds appropriated to local substance abuse authorities are used 
for substance abuse programs and services; and
(iv)
a private provider under an annual or otherwise ongoing contract to provide 
comprehensive substance abuse programs or services for a local substance abuse 
authority is in compliance with state and local contract requirements, and state and 
federal law.
(14)
(a)
The state auditor may, in accordance with the auditor's responsibilities for 
political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting 
Reports from Political Subdivisions, Interlocal Organizations, and Other Local 
Entities Act, initiate audits or investigations of any political subdivision that are 
necessary to determine honesty and integrity in fiscal affairs, accuracy and reliability 
of financial statements, effectiveness, and adequacy of financial controls and 
compliance with the law.
(b)
If the state auditor receives notice under Subsection 
11-41-104
(7) from the 
Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor 
may initiate an audit or investigation of the public entity subject to the notice to 
determine compliance with Section 
11-41-103
.
(15)
(a)
The state auditor may not audit work that the state auditor performed before 
becoming state auditor.
(b)
If the state auditor has previously been a responsible official in state government 
whose work has not yet been audited, the Legislature shall:
(i)
designate how that work shall be audited; and
(ii)
provide additional funding for those audits, if necessary.
(16)
The state auditor shall:
(a)
with the assistance, advice, and recommendations of an advisory committee 
appointed by the state auditor from among special district boards of trustees, officers, 
and employees and special service district boards, officers, and employees:
(i)
prepare a Uniform Accounting Manual for Special Districts that:
(A)
prescribes a uniform system of accounting and uniform budgeting and 
reporting procedures for special districts under Title 17B, Limited Purpose 
Local Government Entities - Special Districts, and special service districts 
under Title 17D, Chapter 1, Special Service District Act;
(B)
conforms with generally accepted accounting principles; and
(C)
prescribes reasonable exceptions and modifications for smaller districts to the 
uniform system of accounting, budgeting, and reporting;
(ii)
maintain the manual under this Subsection (16)(a) so that the manual continues to 
reflect generally accepted accounting principles;
(iii)
conduct a continuing review and modification of procedures in order to improve 
them;
(iv)
prepare and supply each district with suitable budget and reporting forms; and
(v)
(A)
prepare instructional materials, conduct training programs, and render other 
services considered necessary to assist special districts and special service 
districts in implementing the uniform accounting, budgeting, and reporting 
procedures; and
(B)
ensure that any training described in Subsection (16)(a)(v)(A) complies with 
Title 63G, Chapter 22, State Training and Certification Requirements; and
(b)
continually analyze and evaluate the accounting, budgeting, and reporting practices 
and experiences of specific special districts and special service districts selected by 
the state auditor and make the information available to all districts.
(17)
(a)
The following records in the custody or control of the state auditor are protected 
records under Title 63G, Chapter 2, Government Records Access and Management 
Act:
(i)
records that would disclose information relating to allegations of personal 
misconduct, gross mismanagement, or illegal activity of a past or present 
governmental employee if the information or allegation cannot be corroborated by 
the state auditor through other documents or evidence, and the records relating to 
the allegation are not relied upon by the state auditor in preparing a final audit 
report;
(ii)
records and audit workpapers to the extent the workpapers would disclose the 
identity of an individual who during the course of an audit, communicated the 
existence of any waste of public funds, property, or manpower, or a violation or 
suspected violation of a law, rule, or regulation adopted under the laws of this 
state, a political subdivision of the state, or any recognized entity of the United 
States, if the information was disclosed on the condition that the identity of the 
individual be protected;
(iii)
before an audit is completed and the final audit report is released, records or 
drafts circulated to an individual who is not an employee or head of a 
governmental entity for the individual's response or information;
(iv)
records that would disclose an outline or part of any audit survey plans or audit 
program; and
(v)
requests for audits, if disclosure would risk circumvention of an audit.
(b)
The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure 
of records or information that relate to a violation of the law by a governmental entity 
or employee to a government prosecutor or peace officer.
(c)
The provisions of this Subsection (17) do not limit the authority otherwise given to 
the state auditor to classify a document as public, private, controlled, or protected 
under Title 63G, Chapter 2, Government Records Access and Management Act.
(d)
(i)
As used in this Subsection (17)(d), "record dispute" means a dispute between 
the state auditor and the subject of an audit performed by the state auditor as to 
whether the state auditor may release a record, as defined in Section 
63G-2-103
, 
to the public that the state auditor gained access to in the course of the state 
auditor's audit but which the subject of the audit claims is not subject to disclosure 
under Title 63G, Chapter 2, Government Records Access and Management Act.
(ii)
The state auditor may submit a record dispute to the 
State Records Committee, 
created in Section 
63G-2-501
director of the Government Records Office, created 
in Section 
63A-12-202
, for a determination of whether the state auditor may, in 
conjunction with the state auditor's release of an audit report, release to the public 
the record that is the subject of the record dispute.
(iii)
The state auditor or the subject of the audit may seek judicial review of 
a State 
Records Committee 
the director's 
determination
 under
, described in
 Subsection 
(17)(d)(ii), as provided in Section 
63G-2-404
.
(18)
If the state auditor conducts an audit of an entity that the state auditor has previously 
audited and finds that the entity has not implemented a recommendation made by the 
state auditor in a previous audit, the state auditor shall notify the Legislative 
Management Committee through the Legislative Management Committee's audit 
subcommittee that the entity has not implemented that recommendation.
(19)
The state auditor shall, with the advice and consent of the Senate, appoint the state 
privacy officer described in Section 
67-3-13
.
(20)
Except as provided in Subsection (21), the state auditor shall report, or ensure that 
another government entity reports, on the financial, operational, and performance 
metrics for the state system of higher education and the state system of public education, 
including metrics in relation to students, programs, and schools within those systems.
(21)
(a)
Notwithstanding Subsection (20), the state auditor shall conduct regular audits of:
(i)
the scholarship granting organization for the Carson Smith Opportunity 
Scholarship Program, created in Section 
53E-7-402
;
(ii)
the State Board of Education for the Carson Smith Scholarship Program, created 
in Section 
53F-4-302
; and
(iii)
the scholarship program manager for the Utah Fits All Scholarship Program, 
created in Section 
53F-6-402
, including an analysis of the cost effectiveness of the 
program, taking into consideration the amount of the scholarship and the amount 
of state and local funds dedicated on a per-student basis within the traditional 
public education system.
(b)
Nothing in this subsection limits or impairs the authority of the State Board of 
Education to administer the programs described in Subsection (21)(a).
(22)
The state auditor shall, based on the information posted by the Office of Legislative 
Research and General Counsel under Subsection 
36-12-12.1
(2), for each policy, track 
and post the following information on the state auditor's website:
(a)
the information posted under Subsections 
36-12-12.1
(2)(a) through (e);
(b)
an indication regarding whether the policy is timely adopted, adopted late, or not 
adopted;
(c)
an indication regarding whether the policy complies with the requirements 
established by law for the policy; and
(d)
a link to the policy.
(23)
(a)
A legislator may request that the state auditor conduct an inquiry to determine 
whether a government entity, government official, or government employee has 
complied with a legal obligation directly imposed, by statute, on the government 
entity, government official, or government employee.
(b)
The state auditor may, upon receiving a request under Subsection (23)(a), conduct 
the inquiry requested.
(c)
If the state auditor conducts the inquiry described in Subsection (23)(b), the state 
auditor shall post the results of the inquiry on the state auditor's website.
(d)
The state auditor may limit the inquiry described in this Subsection (23) to a simple 
determination, without conducting an audit, regarding whether the obligation was 
fulfilled.
(24)
The state auditor shall:
(a)
ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in 
accordance with Section 
63G-31-401
; and
(b)
report to the Legislative Management Committee, upon request, regarding the state 
auditor's actions under this Subsection (24).
(25)
The state auditor shall report compliance with Sections 
67-27-107
, 
67-27-108
, and 
67-27-109
 by:
(a)
establishing a process to receive and audit each alleged violation; and
(b)
reporting to the Legislative Management Committee, upon request, regarding the 
state auditor's findings and recommendations under this Subsection (25).
Section 26, Section 
77-18-103
 is amended to read:
77-18-103
. Presentence investigation report -- Classification of presentence 
investigation report -- Evidence or other information at sentencing.
(1)
Before the imposition of a sentence, the court may:
(a)
upon agreement of the defendant, continue the date for the imposition of the sentence 
for a reasonable period of time for the purpose of obtaining a presentence 
investigation report from the department or a law enforcement agency, or information 
from any other source about the defendant; and
(b)
if the defendant is convicted of a felony or a class A misdemeanor, request that the 
department or a law enforcement agency prepare a presentence investigation report 
for the defendant.
(2)
(a)
Notwithstanding Subsection (1), if a defendant is convicted of a felony offense 
and the defendant is a habitual offender, the prosecuting attorney shall notify the 
court that the defendant is a habitual offender.
(b)
Upon a notification under Subsection (2)(a), the court may not impose a sentence for 
the conviction without ordering and obtaining a presentence investigation report, 
unless the court finds good cause to proceed with sentencing without the presentence 
investigation report.
(3)
If a presentence investigation report is required under Subsection (2) or the standards 
established by the department described in Section 
77-18-109
, the presentence 
investigation report under Subsection (1) shall include:
(a)
any impact statement provided by a victim as described in Subsection 
77-38b-203
(3)(c);
(b)
information on restitution as described in Subsections 
77-38b-203
(3)(a) and (b);
(c)
recommendations for treatment for the defendant; and
(d)
the number of days since the commission of the offense that the defendant has spent 
in the custody of the jail and the number of days, if any, the defendant was released 
to a supervised release program or an alternative incarceration program under Section 
17-22-5.5
.
(4)
The department or law enforcement agency shall provide the presentence investigation 
report to the defendant's attorney, or the defendant if the defendant is not represented by 
counsel, the prosecuting attorney, and the court for review within three working days 
before the day on which the defendant is sentenced.
(5)
(a)
(i)
If there is an alleged inaccuracy in the presentence investigation report that 
is not resolved by the parties and the department or law enforcement agency 
before sentencing:
(A)
the alleged inaccuracy shall be brought to the attention of the court at 
sentencing; and
(B)
the court may grant an additional 10 working days after the day on which the 
alleged inaccuracy is brought to the court's attention to allow the parties and 
the department to resolve the alleged inaccuracy in the presentence 
investigation report.
(ii)
If the court does not grant additional time under Subsection (5)(a)(i)(B), or the 
alleged inaccuracy cannot be resolved after 10 working days, and if the court finds 
that there is an inaccuracy in the presentence investigation report, the court shall:
(A)
enter a written finding as to the relevance and accuracy of the challenged 
portion of the presentence investigation report; and
(B)
provide the written finding to the department or the law enforcement agency.
(b)
The department shall attach the written finding to the presentence investigation 
report as an addendum.
(c)
If a party fails to challenge the accuracy of the presentence investigation report at the 
time of sentencing, the matter shall be considered waived.
(6)
The contents of the presentence investigation report are protected and not available 
except by court order for purposes of sentencing as provided by rule of the Judicial 
Council or for use by the department or law enforcement agency.
(7)
(a)
A presentence investigation report is classified as protected in accordance with 
Title 63G, Chapter 2, Government Records Access and Management Act.
(b)
Notwithstanding Sections 
63G-2-403
 and 
63G-2-404
, the 
State Records Committee 
director of the State Records Office, created in Section 
63A-12-202
, 
may not order 
the disclosure of a presentence investigation report.
(8)
Except for disclosure at the time of sentencing in accordance with this section, the 
department or law enforcement agency may disclose a presentence investigation only 
when:
(a)
ordered by the court in accordance with Subsection 
63G-2-202
(7);
(b)
requested by a law enforcement agency or other agency approved by the department 
for purposes of supervision, confinement, and treatment of a defendant;
(c)
requested by the board;
(d)
requested by the subject of the presentence investigation report or the subject's 
authorized representative;
(e)
requested by the victim of the offense discussed in the presentence investigation 
report, or the victim's authorized representative, if the disclosure is only information 
relating to:
(i)
statements or materials provided by the victim;
(ii)
the circumstances of the offense, including statements by the defendant; or
(iii)
the impact of the offense on the victim or the victim's household; or
(f)
requested by a sex offender treatment provider:
(i)
who is certified to provide treatment under the certification program established in 
Subsection 
64-13-25
(2);
(ii)
who is providing, at the time of the request, sex offender treatment to the offender 
who is the subject of the presentence investigation report; and
(iii)
who provides written assurance to the department that the report:
(A)
is necessary for the treatment of the defendant;
(B)
will be used solely for the treatment of the defendant; and
(C)
will not be disclosed to an individual or entity other than the defendant.
(9)
(a)
At the time of sentence, the court shall receive any testimony, evidence, or 
information that the defendant or the prosecuting attorney desires to present 
concerning the appropriate sentence.
(b)
Testimony, evidence, or information under Subsection (9)(a) shall be presented in 
open court on record and in the presence of the defendant.
(10)
The court may not rely solely on an algorithm or a risk assessment tool score in 
determining the appropriate sentence for a defendant.
Section 27, Section 
77-27-5
 is amended to read:
77-27-5
. Board of Pardons and Parole authority.
(1)
(a)
Subject to this chapter and other laws of the state, and except for a conviction for 
treason or impeachment, the board shall determine by majority decision when and 
under what conditions an offender's conviction may be pardoned or commuted.
(b)
The board shall determine by majority decision when and under what conditions an 
offender committed to serve a sentence at a penal or correctional facility, which is 
under the jurisdiction of the department, may:
(i)
be released upon parole;
(ii)
have a fine or forfeiture remitted;
(iii)
have the offender's criminal accounts receivable remitted in accordance with 
Section 
77-32b-105
 or 
77-32b-106
;
(iv)
have the offender's payment schedule modified in accordance with Section 
77-32b-103
; or
(v)
have the offender's sentence terminated.
(c)
The board shall prioritize public safety when making a determination under 
Subsection (1)(a) or (1)(b).
(d)
(i)
The board may sit together or in panels to conduct hearings.
(ii)
The chair shall appoint members to the panels in any combination and in 
accordance with rules made by the board in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act.
(iii)
The chair may participate on any panel and when doing so is chair of the panel.
(iv)
The chair of the board may designate the chair for any other panel.
(e)
(i)
Except after a hearing before the board, or the board's appointed examiner, in 
an open session, the board may not:
(A)
remit a fine or forfeiture for an offender or the offender's criminal accounts 
receivable;
(B)
release the offender on parole; or
(C)
commute, pardon, or terminate an offender's sentence.
(ii)
An action taken under this Subsection (1) other than by a majority of the board 
shall be affirmed by a majority of the board.
(f)
A commutation or pardon may be granted only after a full hearing before the board.
(2)
(a)
In the case of a hearing, timely prior notice of the time and location of the hearing 
shall be given to the offender.
(b)
The county or district attorney's office responsible for prosecution of the case, the 
sentencing court, and law enforcement officials responsible for the defendant's arrest 
and conviction shall be notified of any board hearings through the board's website.
(c)
Whenever possible, the victim or the victim's representative, if designated, shall be 
notified of original hearings and any hearing after that if notification is requested and 
current contact information has been provided to the board.
(d)
(i)
Notice to the victim or the victim's representative shall include information 
provided in Section 
77-27-9.5
, and any related rules made by the board under that 
section.
(ii)
The information under Subsection (2)(d)(i) shall be provided in terms that are 
reasonable for the lay person to understand.
(3)
(a)
A decision by the board is final and not subject for judicial review if the decision 
is regarding:
(i)
a pardon, parole, commutation, or termination of an offender's sentence;
(ii)
the modification of an offender's payment schedule for restitution; or
(iii)
the remission of an offender's criminal accounts receivable or a fine or forfeiture.
(b)
Deliberative processes are not public and the board is exempt from Title 52, Chapter 
4, Open and Public Meetings Act, when the board is engaged in the board's 
deliberative process.
(c)
Pursuant to Subsection 
63G-2-103
(25)(b)(xi)
63G-2-103(26)(b)(xii)
, records of the 
deliberative process are exempt from Title 63G, Chapter 2, Government Records 
Access and Management Act.
(d)
Unless it will interfere with a constitutional right, deliberative processes are not 
subject to disclosure, including discovery.
(e)
Nothing in this section prevents the obtaining or enforcement of a civil judgment.
(4)
(a)
This chapter may not be construed as a denial of or limitation of the governor's 
power to grant respite or reprieves in all cases of convictions for offenses against the 
state, except treason or conviction on impeachment.
(b)
Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the 
next session of the board.
(c)
At the next session of the board, the board:
(i)
shall continue or terminate the respite or reprieve; or
(ii)
may commute the punishment or pardon the offense as provided.
(d)
In the case of conviction for treason, the governor may suspend execution of the 
sentence until the case is reported to the Legislature at the Legislature's next session.
(e)
The Legislature shall pardon or commute the sentence or direct the sentence's 
execution.
(5)
(a)
In determining when, where, and under what conditions an offender serving a 
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the 
offender's criminal accounts receivable remitted, or have the offender's sentence 
commuted or terminated, the board shall:
(i)
consider whether the offender has made restitution ordered by the court under 
Section 
77-38b-205
, or is prepared to pay restitution as a condition of any parole, 
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a 
commutation or termination of the offender's sentence;
(ii)
except as provided in Subsection (5)(b), develop and use a list of criteria for 
making determinations under this Subsection (5);
(iii)
consider information provided by the department regarding an offender's 
individual case action plan; and
(iv)
review an offender's status within 60 days after the day on which the board 
receives notice from the department that the offender has completed all of the 
offender's case action plan components that relate to activities that can be 
accomplished while the offender is imprisoned.
(b)
The board shall determine whether to remit an offender's criminal accounts 
receivable under this Subsection (5) in accordance with Section 
77-32b-105
 or 
77-32b-106
.
(6)
In determining whether parole may be terminated, the board shall consider:
(a)
the offense committed by the parolee; and
(b)
the parole period under Section 
76-3-202
, and in accordance with Section 
77-27-13
.
(7)
For an offender placed on parole after December 31, 2018, the board shall terminate 
parole in accordance with the adult sentencing and supervision length guidelines, as 
defined in Section 
63M-7-401.1
, to the extent the guidelines are consistent with the 
requirements of the law.
(8)
The board may not rely solely on an algorithm or a risk assessment tool score in 
determining whether parole should be granted or terminated for an offender.
(9)
The board may intervene as a limited-purpose party in a judicial or administrative 
proceeding, including a criminal action, to seek:
(a)
correction of an order that has or will impact the board's jurisdiction; or
(b)
clarification regarding an order that may impact the board's jurisdiction.
(10)
A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days 
after the day on which a court enters the order that impacts the board's jurisdiction.
Section 28, 
Repealer.
Title.
State Records Committee created -- Membership -- Terms -- 
Vacancies -- Expenses.
State Records Committee -- Duties.
Section 29. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 1:53 PM