Another legislative session has come to a close. As we all catch our breath, here are a few updates that impact GRAMA, Archives, and Records Management, that you may find interesting. The last day for the Governor to sign or veto bills is the 23rd of March. Any bill that does not have a specified effective date will go into effect on May 2nd (60 days from adjournment). If you, like me, enjoy having a hard copy of GRAMA handy, you’ll need to re-print it come May.
GRAMA Updates
HB 343 Government Records Modifications
This bill brought section 6 of GRAMA to the front of everyone’s mind. It requires executive branch agencies to make and maintain an inventory of records that contain personal identifying information (PII) and create a “privacy annotation” for each record series. This will be a program led by the Chief Privacy Officer in collaboration with the Division of Archives and Records Service.
This bill was nicknamed “the vexatious bill” because it creates a process for government entities to find relief if a requester is vexatious. Section 63G-2-209 is added to GRAMA for this process.
This bill does more than that, though. There is now a codified definition for a reasonable search: “a search that is reasonable in scope and intensity; and not unreasonably burdensome for the governmental entity.” There is also an update on business confidentiality claims in lines 588-592. Also, an appeal to the district court cannot raise an issue that was not brought up in the appeal to the State Records Committee (see line 621). Lastly, this bill adds section 63G-2-704, which addresses the applicability of GRAMA to the Governor and Lieutenant Governor’s Office.
Public Meetings
SB 43 Public Notice Requirements
This bill is long because of all the cross-reference updates it includes. This adds a new section, 63G-28, to Utah Code. This bill creates a new classification system for public notices. This is one to go over if you post notices for public meetings.
This bill requires local school boards to create a written policy allowing public comment in a public meeting and permits special service districts to conduct an electronic meeting.
Records Management
HB 414 Records Management Amendments
This bill adds section 62A-12-102.5 which addresses the preservation of legislative records. It defines “permanent legislative record” (line 327) and “supplemental legislative record” (line 359).
Lots of updates for local offices:
HB 351 County Recorder Amendments creates the County Recorder Standards Board to establish statewide standards for all county recorders.
HB 309 County Recorder Amendments addresses the redaction of PII on recorded instruments along with an authorized charge.