HB 551

02-12 09:14  H.B. 551
1Government Records Access Amendments
                                         2026 GENERAL SESSION
                                              STATE OF UTAH
                                       Chief Sponsor: Lisa Shepherd
                                                Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions related to government records access.
6   Highlighted Provisions:
7This bill:
8▸ prohibits an individual who is the subject of a record request from:
9●   classifying a record responsive to the record request;
10●   participating in the governmental entity's review of or response to the record request;
11   and
12●   participating in an appeal related to the record request; and
13▸ makes technical and conforming changes.
14   Money Appropriated in this Bill:
15None
16   Other Special Clauses:
17None
18   Utah Code Sections Affected:
19   AMENDS:
2063G-2-103, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
2163G-2-204, as last amended by Laws of Utah 2023, Chapter 173
2263G-2-307, as last amended by Laws of Utah 2025, Chapter 475
2363G-2-401, as last amended by Laws of Utah 2025, Chapter 476
                                                                                                          H.B. 551
2463G-2-701, as last amended by Laws of Utah 2025, Chapter 476
25
26   Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 63G-2-103 is amended to read:
2863G-2-103 . Definitions.
29As used in this chapter:
30   (1) "Audit" means:
H.B. 551  02-12 09:14
31      (a) a systematic examination of financial, management, program, and related records for
32the purpose of determining the fair presentation of financial statements, adequacy of
33internal controls, or compliance with laws and regulations; or
34      (b) a systematic examination of program procedures and operations for the purpose of
35determining their effectiveness, economy, efficiency, and compliance with statutes
36and regulations.
37  (2) "Chief administrative officer" means the chief administrative officer of a governmental
38      entity who is responsible to fulfill the duties described in Section 63A-12-103.
39  (3) "Chronological logs" mean the regular and customary summary records of law
40      enforcement agencies and other public safety agencies that show:
41      (a) the time and general nature of police, fire, and paramedic calls made to the agency;
42and
43      (b) any arrests or jail bookings made by the agency.
44  (4) "Classification," "classify," and their derivative forms mean determining whether a
45      record series, record, or information within a record is public, private, controlled,
46      protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
47  (5)(a) "Computer program" means:
48(i) a series of instructions or statements that permit the functioning of a computer
49system in a manner designed to provide storage, retrieval, and manipulation of
50data from the computer system; and
51(ii) any associated documentation and source material that explain how to operate the
52computer program.
53      (b) "Computer program" does not mean:
54(i) the original data, including numbers, text, voice, graphics, and images;
55(ii) analysis, compilation, and other manipulated forms of the original data produced
56by use of the program; or
57(iii) the mathematical or statistical formulas, excluding the underlying mathematical
58algorithms contained in the program, that would be used if the manipulated forms
59of the original data were to be produced manually.
60  (6)(a) "Contractor" means:
61(i) any person who contracts with a governmental entity to provide goods or services
62directly to a governmental entity; or
63(ii) any private, nonprofit organization that receives funds from a governmental entity.
64      (b) "Contractor" does not mean a private provider.
                                                  -2-
02-12 09:14  H.B. 551
65   (7) "Controlled record" means a record containing data on individuals that is controlled as
66provided by Section 63G-2-304.
67   (8) "Designation," "designate," and their derivative forms mean indicating, based on a
68governmental entity's familiarity with a record series or based on a governmental entity's
69review of a reasonable sample of a record series, the primary classification that a
70majority of records in a record series would be given if classified and the classification
71that other records typically present in the record series would be given if classified.
72   (9) "Elected official" means each person elected to a state office, county office, municipal
73office, school board or school district office, special district office, or special service
74district office, but does not include judges.
75   (10) "Explosive" means a chemical compound, device, or mixture:
76(a) commonly used or intended for the purpose of producing an explosion; and
77(b) that contains oxidizing or combustive units or other ingredients in proportions,
78quantities, or packing so that:
79(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
80compound or mixture may cause a sudden generation of highly heated gases; and
81(ii) the resultant gaseous pressures are capable of:
82(A) producing destructive effects on contiguous objects; or
83(B) causing death or serious bodily injury.
84   (11) "Government audit agency" means any governmental entity that conducts an audit.
85   (12)(a) "Governmental entity" means:
86(i) executive department agencies of the state, the offices of the governor, lieutenant
87governor, state auditor, attorney general, and state treasurer, the Board of Pardons
88and Parole, the Board of Examiners, the National Guard, the Career Service
89Review Office, the State Board of Education, the Utah Board of Higher
90Education, and the State Archives;
91(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
92Analyst, Office of Legislative Research and General Counsel, the Legislature, and
93legislative committees, except any political party, group, caucus, or rules or sifting
94committee of the Legislature;
95(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
96administrative units in the judicial branch;
97(iv) any state-funded institution of higher education or public education; or
98(v) any political subdivision of the state, but, if a political subdivision has adopted an
                                                  -3-
 H.B. 551  02-12 09:14
99ordinance or a policy relating to information practices pursuant to Section
10063G-2-701, this chapter shall apply to the political subdivision to the extent
101specified in Section 63G-2-701 or as specified in any other section of this chapter
102that specifically refers to political subdivisions.
103      (b) "Governmental entity" also means:
104(i) every office, agency, board, bureau, committee, department, advisory board, or
105commission of an entity listed in Subsection (12)(a) that is funded or established
106by the government to carry out the public's business;
107(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
108undertaking, except for the Water District Water Development Council created
109pursuant to Section 11-13-228;
110(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
111(iv) an association as defined in Section 53G-7-1101;
112(v) the Utah Independent Redistricting Commission; and
113(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
114more law enforcement officers, as defined in Section 53-13-103.
115      (c) "Governmental entity" does not include the Utah Educational Savings Plan created in
116Section 53H-10-202.
117  (13) "Government Records Office" means the same as that term is defined in Section
118      63A-12-201.
119  (14) "Gross compensation" means every form of remuneration payable for a given period to
120      an individual for services provided including salaries, commissions, vacation pay,
121      severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and
122      any similar benefit received from the individual's employer.
123  (15) "Individual" means a human being.
124  (16)(a) "Initial contact report" means an initial written or recorded report, however
125      titled, prepared by peace officers engaged in public patrol or response duties
126      describing official actions initially taken in response to either a public complaint
127      about or the discovery of an apparent violation of law, which report may describe:
128(i) the date, time, location, and nature of the complaint, the incident, or offense;
129(ii) names of victims;
130(iii) the nature or general scope of the agency's initial actions taken in response to the
131incident;
132(iv) the general nature of any injuries or estimate of damages sustained in the incident;
                                                   -4-
 02-12 09:14  H.B. 551
133(v) the name, address, and other identifying information about any person arrested or
134charged in connection with the incident; or
135(vi) the identity of the public safety personnel, except undercover personnel, or
136prosecuting attorney involved in responding to the initial incident.
137(b) Initial contact reports do not include follow-up or investigative reports prepared after
138the initial contact report. However, if the information specified in Subsection (16)(a)
139appears in follow-up or investigative reports, it may only be treated confidentially if
140it is private, controlled, protected, or exempt from disclosure under Subsection
14163G-2-201(3)(b).
142(c) Initial contact reports do not include accident reports, as that term is described in
143Title 41, Chapter 6a, Part 4, Accident Responsibilities.
144   (17) "Legislative body" means the Legislature.
145   (18) "Notice of compliance" means a statement confirming that a governmental entity has
146complied with an order of the director of the Government Records Office.
147   (19) "Person" means:
148(a) an individual;
149(b) a nonprofit or profit corporation;
150(c) a partnership;
151(d) a sole proprietorship;
152(e) other type of business organization; or
153(f) any combination acting in concert with one another.
154   (20) "Private provider" means any person who contracts with a governmental entity to
155provide services directly to the public.
156   (21) "Private record" means a record containing data on individuals that is private as
157provided by Section 63G-2-302.
158   (22) "Protected record" means a record that is classified protected as provided by Section
15963G-2-305.
160   (23) "Public record" means a record that is not private, controlled, or protected and that is
161not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
162   (24) "Reasonable search" means a search that is:
163(a) reasonable in scope and intensity; and
164(b) not unreasonably burdensome for the government entity.
165   (25)(a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
166card, tape, recording, electronic data, or other documentary material regardless of
                                                  -5-
 H.B. 551  02-12 09:14
167     physical form or characteristics:
168(i) that is prepared, owned, received, or retained by a governmental entity or political
169subdivision; and
170(ii) where all of the information in the original is reproducible by photocopy or other
171mechanical or electronic means.
172     (b) "Record" does not include:
173(i) a personal note or personal communication prepared or received by an employee
174or officer of a governmental entity:
175(A) in a capacity other than the employee's or officer's governmental capacity; or
176(B) that is unrelated to the conduct of the public's business;
177(ii) a temporary draft or similar material prepared for the originator's personal use or
178prepared by the originator for the personal use of an individual for whom the
179originator is working;
180(iii) material that is legally owned by an individual in the individual's private capacity;
181(iv) material to which access is limited by the laws of copyright or patent unless the
182copyright or patent is owned by a governmental entity or political subdivision;
183(v) proprietary software;
184(vi) junk mail or a commercial publication received by a governmental entity or an
185official or employee of a governmental entity;
186(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
187of a library open to the public;
188(viii) material that is cataloged, indexed, or inventoried and contained in the
189collections of a library open to the public, regardless of physical form or
190characteristics of the material;
191(ix) a daily calendar ;
192(x) a note prepared by the originator for the originator's own use or for the sole use of
193an individual for whom the originator is working;
194(xi) a computer program that is developed or purchased by or for any governmental
195entity for its own use;
196(xii) a note or internal memorandum prepared as part of the deliberative process by:
197(A) a member of the judiciary;
198(B) an administrative law judge;
199(C) a member of the Board of Pardons and Parole; or
200(D) a member of any other body, other than an association or appeals panel as
                                                   -6-
 02-12 09:14  H.B. 551
201defined in Section 53G-7-1101, charged by law with performing a
202quasi-judicial function;
203(xiii) a telephone number or similar code used to access a mobile communication
204device that is used by an employee or officer of a governmental entity, provided
205that the employee or officer of the governmental entity has designated at least one
206business telephone number that is a public record as provided in Section
20763G-2-301;
208(xiv) information provided by the Public Employees' Benefit and Insurance Program,
209created in Section 49-20-103, to a county to enable the county to calculate the
210amount to be paid to a health care provider under Subsection 17-63-706(2)(e)(ii);
211(xv) information that an owner of unimproved property provides to a local entity as
212provided in Section 11-42-205;
213(xvi) a video or audio recording of an interview, or a transcript of the video or audio
214recording, that is conducted at a Children's Justice Center established under
215Section 67-5b-102;
216(xvii) child sexual abuse material, as defined by Section 76-5b-103;
217(xviii) before final disposition of an ethics complaint occurs, a video or audio
218recording of the closed portion of a meeting or hearing of:
219(A) a Senate or House Ethics Committee;
220(B) the Independent Legislative Ethics Commission;
221(C) the Independent Executive Branch Ethics Commission, created in Section
22263A-14-202; or
223(D) the Political Subdivisions Ethics Review Commission established in Section
22463A-15-201;
225(xix) confidential communication described in Section 58-60-102, 58-61-102, or
22658-61-702;
227(xx) any item described in Subsection (25)(a) that is:
228(A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
229(B) shared between any of the following entities:
230(I) the Division of Risk Management;
231(II) the Office of the Attorney General;
232(III) the governor's office; or
233(IV) the Legislature;
234(xxi) the email address that a candidate for elective office provides to a filing officer
                                                 -7-
 H.B. 551  02-12 09:14
235under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv); or
236(xxii) except as provided in Sections 31A-16-105, 31A-16-107.5, and 27a-3-303, an
237investment policy, or information related to an investment policy, provided to the
238insurance commissioner as described in Title 31A, Chapter 18, Investments.
239  (26) "Record series" means a group of records that may be treated as a unit for purposes of
240      designation, description, management, or disposition.
241  (27) "Records officer" means the individual appointed by the chief administrative officer of
242      each governmental entity, or the political subdivision to work with state archives in the
243      care, maintenance, scheduling, designation, classification, disposal, and preservation of
244      records.
245  (28) "Schedule," "scheduling," and their derivative forms mean the process of specifying
246      the length of time each record series should be retained by a governmental entity for
247      administrative, legal, fiscal, or historical purposes and when each record series should be
248      transferred to the state archives or destroyed.
249  (29) "Sponsored research" means research, training, and other sponsored activities as
250      defined by the federal Executive Office of the President, Office of Management and
251      Budget:
252      (a) conducted:
253(i) by an institution within the state system of higher education described in Section
25453H-1-102; and
255(ii) through an office responsible for sponsored projects or programs; and
256      (b) funded or otherwise supported by an external:
257(i) person that is not created or controlled by the institution within the state system of
258higher education; or
259(ii) federal, state, or local governmental entity.
260  (30) "State archives" means the Division of Archives and Records Service created in
261      Section 63A-12-101.
262  (31) "State archivist" means the director of the state archives.
263  (32) "Subject of a record request" means an individual who:
264      (a) is named in the portion of a record request that describes the record or records
265requested; or
266      (b) authored, signed, or had other similar direct involvement in the creation of a record
267that is responsive to a record request.
268  [(32)] (33) "Summary data" means statistical records and compilations that contain data
                                                   -8-
 02-12 09:14  H.B. 551
269derived from private, controlled, or protected information but that do not disclose
270private, controlled, or protected information.
271Section 2. Section 63G-2-204 is amended to read:
27263G-2-204 . Record request -- Response -- Time for responding.
273   (1)(a) A person making a request for a record shall submit to the governmental entity
274that retains the record a written request containing:
275(i) the person's:
276(A) name;
277(B) mailing address;
278(C) email address, if the person has an email address and is willing to accept
279communications by email relating to the person's records request; and
280(D) daytime telephone number; and
281(ii) a description of the record requested that identifies the record with reasonable
282specificity.
283(b)(i) A single record request may not be submitted to multiple governmental entities.
284(ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a
285separate record request to each of multiple governmental entities, even if each of
286the separate requests seeks access to the same record.
287   (2)(a) In response to a request for a record, a governmental entity may not provide a
288record that it has received under Section 63G-2-206 as a shared record.
289(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a),
290the governmental entity shall:
291(i) deny the records request; and
292(ii) inform the person making the request of the identity of the governmental entity
293from which the shared record was received.
294   (3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah
295Administrative Rulemaking Act, specifying where and to whom requests for access shall
296be directed.
297   (4)(a) After receiving a request for a record, a governmental entity shall:
298[(a)] (i) review each request that seeks an expedited response and notify, within five
299business days after receiving the request, each requester that has not demonstrated
300that their record request benefits the public rather than the person that their
301response will not be expedited; and
302[(b)] (ii) as soon as reasonably possible, but no later than 10 business days after
                                                  -9-
 H.B. 551  02-12 09:14
303receiving a written request, or five business days after receiving a written request
304if the requester demonstrates that expedited response to the record request benefits
305the public rather than the person:
306[(i)] (A) approve the request and provide a copy of the record;
307[(ii)] (B) deny the request in accordance with the procedures and requirements of
308Section 63G-2-205;
309[(iii)] (C) notify the requester that it does not maintain the record requested and
310provide, if known, the name and address of the governmental entity that does
311maintain the record; or
312[(iv)] (D) notify the requester that because of one of the extraordinary
313circumstances listed in Subsection (6), it cannot immediately approve or deny
314the request, and include with the notice[:]
315[(A)]   a description of the circumstances that constitute the extraordinary
316circumstances[;] and
317[(B)]   the date when the records will be available, consistent with the requirements
318of Subsection (7).
319      (b) An individual who is a subject of the record request may not participate in the
320governmental entity's review of or response to the record request.
321  (5) Any person who requests a record to obtain information for a story or report for
322      publication or broadcast to the general public is presumed to be acting to benefit the
323      public rather than a person.
324  (6) The following circumstances constitute "extraordinary circumstances" that allow a
325      governmental entity to delay approval or denial by an additional period of time as
326      specified in Subsection (7) if the governmental entity determines that due to the
327      extraordinary circumstances it cannot respond within the time limits provided in
328      Subsection [(4)] (4)(a):
329      (a) another governmental entity is using the record, in which case the originating
330governmental entity shall promptly request that the governmental entity currently in
331possession return the record;
332      (b) another governmental entity is using the record as part of an audit, and returning the
333record before the completion of the audit would impair the conduct of the audit;
334      (c)(i) the request is for a voluminous quantity of records or a record series containing
335a substantial number of records; or
336(ii) the requester seeks a substantial number of records or records series in requests
                                                  - 10 -
 02-12 09:14  H.B. 551
337filed within five working days of each other;
338(d) the governmental entity is currently processing a large number of records requests;
339(e) the request requires the governmental entity to review a large number of records to
340locate the records requested;
341(f) the decision to release a record involves legal issues that require the governmental
342entity to seek legal counsel for the analysis of statutes, rules, ordinances, regulations,
343or case law;
344(g) segregating information that the requester is entitled to inspect from information that
345the requester is not entitled to inspect requires extensive editing; or
346(h) segregating information that the requester is entitled to inspect from information that
347the requester is not entitled to inspect requires computer programming.
348   (7) If one of the extraordinary circumstances listed in Subsection (6) precludes approval or
349denial within the time specified in Subsection [(4)] (4)(a), the following time limits apply
350to the extraordinary circumstances:
351(a) for claims under Subsection (6)(a), the governmental entity currently in possession of
352the record shall return the record to the originating entity within five business days of
353the request for the return unless returning the record would impair the holder's work;
354(b) for claims under Subsection (6)(b), the originating governmental entity shall notify
355the requester when the record is available for inspection and copying;
356(c) for claims under Subsections (6)(c), (d), and (e), the governmental entity shall:
357(i) disclose the records that it has located which the requester is entitled to inspect;
358(ii) provide the requester with an estimate of the amount of time it will take to finish
359the work required to respond to the request;
360(iii) complete the work and disclose those records that the requester is entitled to
361inspect as soon as reasonably possible; and
362(iv) for any person that does not establish a right to an expedited response as
363authorized by Subsection [(4)] (4)(a), a governmental entity may choose to:
364(A) require the person to provide for copying of the records as provided in
365Subsection 63G-2-201(10); or
366(B) treat a request for multiple records as separate record requests, and respond
367sequentially to each request;
368(d) for claims under Subsection (6)(f), the governmental entity shall either approve or
369deny the request within five business days after the response time specified for the
370original request has expired;
                                                 - 11 -
 H.B. 551  02-12 09:14
371      (e) for claims under Subsection (6)(g), the governmental entity shall fulfill the request
372within 15 business days from the date of the original request; or
373      (f) for claims under Subsection (6)(h), the governmental entity shall complete its
374programming and disclose the requested records as soon as reasonably possible.
375  (8)(a) If a request for access is submitted to an office of a governmental entity other than
376      that specified by rule in accordance with Subsection (3), the office shall promptly
377      forward the request to the appropriate office.
378      (b) If the request is forwarded promptly, the time limit for response begins when the
379request is received by the office specified by rule.
380  (9) If the governmental entity fails to provide the requested records or issue a denial within
381      the specified time period, that failure is considered the equivalent of a determination
382      denying access to the record.
383Section 3. Section 63G-2-307 is amended to read:
38463G-2-307 . Duty to evaluate records and make designations, classifications, and
385  annotations.
386  (1) A governmental entity shall, for each record series that the governmental entity keeps,
387      uses, or creates:
388      (a) evaluate all record series;
389      (b) designate each record series as provided by this chapter and Title 63A, Chapter 12,
390Division of Archives and Records Service and Management of Government Records;
391and
392      (c) report to the state archives the designation described in Subsection (1)(b).
393  (2) A governmental entity may classify a particular record, record series, or information
394      within a record at any time, but is not required to classify a particular record, record
395      series, or information until access to the record is requested.
396  (3) A governmental entity may redesignate a record series or reclassify a record or record
397      series, or information within a record at any time.
398  (4)(a) An individual who authored, signed, or had other similar direct involvement in the
399      creation of a record, record series, or information within a record may not make the
400      final decision as to the record's, record series', or information's classification under
401      this section.
402      (b) If a governmental entity classifies a record, a record series, or information within a
403record after a person requests access to the record or record series, an individual who
404is a subject of the record request may not make the final decision as to the record's,
                                                  - 12 -
 02-12 09:14  H.B. 551
405record series', or information's classification under this section.
406Section 4. Section 63G-2-401 is amended to read:
40763G-2-401 . Appeal to chief administrative officer -- Notice of the decision of the
408   appeal.
409   (1)(a) A requester or interested party may appeal an access denial or the denial of a fee
410waiver under Subsection 63G-2-203(4) to the chief administrative officer of the
411governmental entity by filing a notice of appeal with the chief administrative officer
412within 30 days after:
413(i) for an access denial:
414(A) the governmental entity sends a notice of denial under Section 63G-2-205, if
415the governmental entity denies a record request under Subsection 63G-2-205(1);
416or
417(B) the record request is considered denied under Subsection 63G-2-204(9), if that
418subsection applies; or
419(ii) for a denial of a fee waiver, the date the governmental entity notifies the requester
420that the fee waiver is denied.
421(b) If a governmental entity claims extraordinary circumstances and specifies the date
422when the records will be available under Subsection 63G-2-204(4), and, if the
423requester believes the extraordinary circumstances do not exist or that the date
424specified is unreasonable, the requester may appeal the governmental entity's claim
425of extraordinary circumstances or date for compliance to the chief administrative
426officer by filing a notice of appeal with the chief administrative officer within 30
427days after notification of a claim of extraordinary circumstances by the governmental
428entity, despite the lack of a "determination" or its equivalent under Subsection
42963G-2-204(9).
430   (2) A notice of appeal shall contain:
431(a) the name, mailing address, and daytime telephone number of the requester or
432interested party; and
433(b) the relief sought.
434   (3) The requester or interested party may file a short statement of facts, reasons, and legal
435authority in support of the appeal.
436   (4)(a) If the appeal involves a record that is the subject of a business confidentiality
437claim under Section 63G-2-309, the chief administrative officer shall:
438(i) send notice of the appeal to the business confidentiality claimant within three
                                                   - 13 -
 H.B. 551  02-12 09:14
439business days after receiving notice, except that if notice under this section must
440be given to more than 35 persons, it shall be given as soon as reasonably possible;
441and
442(ii) send notice of the business confidentiality claim and the schedule for the chief
443administrative officer's determination to the requester or interested party within
444three business days after receiving notice of the appeal.
445      (b) The business confidentiality claimant shall have seven business days after notice is
446sent by the administrative officer to submit further support for the claim of business
447confidentiality.
448  (5)(a) The chief administrative officer shall make a decision on the appeal within:
449(i)(A) 10 business days after the chief administrative officer's receipt of the notice
450of appeal; or
451(B) five business days after the chief administrative officer's receipt of the notice
452of appeal, if the requester or interested party demonstrates that an expedited
453decision benefits the public rather than the requester or interested party; or
454(ii) 12 business days after the governmental entity sends the notice of appeal to a
455person who submitted a claim of business confidentiality.
456      (b)(i) If the chief administrative officer fails to make a decision on an appeal of an
457access denial within the time specified in Subsection (5)(a), the failure is the
458equivalent of a decision affirming the access denial.
459(ii) If the chief administrative officer fails to make a decision on an appeal under
460Subsection (1)(b) within the time specified in Subsection (5)(a), the failure is the
461equivalent of a decision affirming the claim of extraordinary circumstances or the
462reasonableness of the date specified when the records will be available.
463      (c) The provisions of this section notwithstanding, the parties participating in the
464proceeding may, by agreement, extend the time periods specified in this section.
465  (6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
466      consideration and weighing of the various interests and public policies pertinent to the
467      classification and disclosure or nondisclosure, order the disclosure of information
468      properly classified as private under Subsection 63G-2-302(2) or protected under Section
469      63G-2-305 if the interests favoring access are greater than or equal to the interests
470      favoring restriction of access.
471  (7)(a) The governmental entity shall send written notice of the chief administrative
472      officer's decision to all participants.
                                                   - 14 -
 02-12 09:14  H.B. 551
473(b) If the chief administrative officer's decision is to affirm the access denial in whole or
474in part or to affirm the fee waiver denial, the notice under Subsection (7)(a) shall
475include:
476(i) a statement that the requester has a right under Section 63A-12-204 to request the
477government records ombudsman to mediate the dispute between the requester and
478the governmental entity concerning the access denial or the fee waiver denial;
479(ii) a statement that the requester or interested party has the right to appeal the
480decision, as provided in Section 63G-2-402, to:
481(A) the director or district court; or
482(B) the local appeals board, if the governmental entity is a political subdivision
483and the governmental entity has established a local appeals board;
484(iii) the time limits for filing an appeal described in Subsection (7)(b)(ii), including
485an explanation of a suspension of the time limits, as provided in Subsections
48663G-2-403(1)(c) and 63G-2-404(1)(b), for a requester if the requester seeks
487mediation under Section 63A-12-204; and
488(iv) the name and business address of:
489(A) the director;
490(B) the individual designated as the contact individual for the appeals board, if the
491governmental entity is a political subdivision that has established an appeals
492board under Subsection 63G-2-701(5)(c); and
493(C) the government records ombudsman.
494   (8)(a) A person aggrieved by a governmental entity's classification or designation
495determination under this chapter, but who is not requesting access to the records, may
496appeal that determination using the procedures provided in this section.
497(b) If a nonrequester is the only appellant, the procedures provided in this section shall
498apply, except that the decision on the appeal shall be made within 30 days after the
499day on which the appellant files the notice of appeal.
500   (9)(a) The duties of the chief administrative officer under this section may be delegated.
501(b) If the chief administrative officer is a subject of the records request that is the subject
502of an appeal under this section, the chief administrative officer:
503(i) may not participate in the appeal; and
504(ii) for purposes of the appeal, shall delegate to another individual the chief
505administrative officer's duties under this section.
506Section 5. Section 63G-2-701 is amended to read:
                                                  - 15 -
 H.B. 551  02-12 09:14
50763G-2-701 . Political subdivisions may adopt ordinances in compliance with
508  chapter -- Appeal process.
509  (1) As used in this section:
510      (a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
511      (b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
512      (c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
513  (2)(a) Each political subdivision may adopt an ordinance or a policy applicable
514      throughout its jurisdiction relating to information practices including classification,
515      designation, access, denials, segregation, appeals, management, retention, and
516      amendment of records.
517      (b) The ordinance or policy shall comply with the criteria set forth in this section.
518      (c) If any political subdivision does not adopt and maintain an ordinance or policy, then
519that political subdivision is subject to this chapter.
520      (d) Notwithstanding the adoption of an ordinance or policy, each political subdivision is
521subject to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105,
52263A-12-107, 63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and
52363G-2-602.
524      (e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed with
525the state archives no later than 30 days after its effective date.
526      (f) The political subdivision shall also report to the state archives all retention schedules,
527and all designations and classifications applied to record series maintained by the
528political subdivision.
529      (g) The report required by Subsection (2)(f) is notification to state archives of the
530political subdivision's retention schedules, designations, and classifications. The
531report is not subject to approval by state archives. If state archives determines that a
532different retention schedule is needed for state purposes, state archives shall notify
533the political subdivision of the state's retention schedule for the records and shall
534maintain the records if requested to do so under Subsection 63A-12-105(2).
535  (3) Each ordinance or policy relating to information practices shall:
536      (a) provide standards for the classification and designation of the records of the political
537subdivision as public, private, controlled, or protected in accordance with Part 3,
538Classification;
539      (b) require the classification of the records of the political subdivision in accordance
540with those standards;
                                                   - 16 -
 02-12 09:14  H.B. 551
541(c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;
542and
543(d) provide standards for the management and retention of the records of the political
544subdivision comparable to Section 63A-12-103.
545   (4)(a) Each ordinance or policy shall:
546(i) establish access criteria, procedures, and response times for requests to inspect,
547obtain, or amend records of the political subdivision[, and ] ;
548(ii) prohibit an individual who is a subject of a record request from participating in
549the political subdivision's review of and response to the record request; and
550(iii) establish time limits for appeals consistent with this chapter.
551(b) In establishing response times for access requests and time limits for appeals, the
552political subdivision may establish reasonable time frames different than those set out
553in Section 63G-2-204 and Part 4, Appeals, if it determines that the resources of the
554political subdivision are insufficient to meet the requirements of those sections.
555   (5)(a) A political subdivision shall establish an appeals process for persons aggrieved by
556classification, designation, or access decisions.
557(b) A political subdivision's appeals process shall include a process for a requester or
558interested party to appeal an access denial to a person designated by the political
559subdivision as the chief administrative officer for purposes of an appeal under
560Section 63G-2-401.
561(c)(i) A political subdivision may establish an appeals board to decide an appeal of a
562decision of the chief administrative officer affirming an access denial.
563(ii) An appeals board established by a political subdivision shall be composed of
564three members:
565(A) one of whom shall be an employee of the political subdivision; and
566(B) two of whom shall be members of the public who are not employed by or
567officials of a governmental entity, at least one of whom shall have professional
568experience with requesting or managing records.
569(iii) If a political subdivision establishes an appeals board, any appeal of a decision of
570a chief administrative officer shall be made to the appeals board.
571(iv) If a political subdivision does not establish an appeals board, the political
572subdivision's appeals process shall provide for an appeal of a chief administrative
573officer's decision to the director of the Government Records Office, as provided in
574Section 63G-2-403.
                                                  - 17 -
 H.B. 551  02-12 09:14
575      (d) A political subdivision's appeals process shall prohibit an individual who is a subject
576of a records request from participating in an appeal of a decision related to the
577records request.
578  (6)(a) A political subdivision or requester may appeal an appeals board decision:
579(i) to the director of the Government Records Office, as provided in Section
58063G-2-403; or
581(ii) by filing a petition for judicial review with the district court.
582      (b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the
583conduct of the proceeding shall be in accordance with Sections 63G-2-402 and
58463G-2-404.
585      (c) A person who appeals an appeals board decision to the director of the Government
586Records Office does not lose or waive the right to seek judicial review of the decision
587of the director of the Government Records Office.
588  (7) Any political subdivision that adopts an ordinance or policy under Subsection [(1)] (2)
589      shall forward to state archives a copy and summary description of the ordinance or
590      policy.
591Section 6. Effective Date.
592  This bill takes effect on May 6, 2026.
                                                   - 18 -