UtahS.B. 2772025 General SessionSenate

Government Records Management Amendments

Sponsored By: Michael K. McKell (Republican)

Signed by Governor

Government RecordsDivision of Human Resource ManagementLegislative OperationsAdministrative RulemakingAdministrative Rulemaking and ProceduresDepartment of Government OperationsGovernment Operations (State Issues)Sunsets and RepealersArchives and RecordsNew Rulemaking Authority

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Abusive records requests face yearlong limits

A government entity can petition the director for relief from a requester it claims is abusive. The director considers request volume, abuse patterns, and substantial interference when deciding whether the requester is vexatious. After that finding, the director can excuse the entity from fulfilling requests from that person or their representative for up to one year. In court review, a respondent who substantially wins can receive reasonable attorney fees. The court must also find the government’s petition lacked merit and a reasonable basis in fact or law.

Audit records get a disclosure referee

Beginning May 7, 2025, the state auditor can send audit-record disclosure disputes to the Government Records Office director. The dispute must involve a record obtained during an audit that the audit subject claims is exempt from disclosure. The director decides whether to release it with the audit report. Either the auditor or the audit subject can seek court review.

More people can challenge records decisions

People harmed by an access denial or a decision upholding it can appeal even without joining the earlier proceedings. This right also covers people who did not request the records. The director reviews fee and access disputes and whether records are public for certified-copy purposes. Certain restricted higher-education records still require written consent from the institution that created, received, or keeps them. Access is also allowed when the director or a court finds the restriction was improper.

New office handles public records appeals

The Government Records Office director replaces the State Records Committee, with staff and support from the state archives division. Local governments without appeals boards send appeals from their chief administrative officer to the director. Local appeals-board decisions can go to the director or district court. For the specified authority’s board appeals, the office and director are not parties in court. The director appoints and supervises an ombudsman; mediation requires both sides’ consent, and either side can withdraw before it ends. The division must make rules opening covered appeal hearings to the public much like other public meetings.

Records release orders carry stronger penalties

The Government Records Office director hears covered appeals and can order records released. Government entities face civil penalties up to $500 per day for continuing noncompliance with a release order. This applies when the entity files neither a compliance notice nor a notice of intent to appeal. A public employee commits a class B misdemeanor by intentionally refusing release while knowing a final, unappealed director’s order requires it.

Records reviews balance access and privacy

People harmed by a record’s classification or designation can appeal without requesting access. When that nonrequester is the only appellant, a decision is due within 30 days after filing. The director weighs personal privacy against public disclosure interests when reviewing certain private records. After notice and a hearing, the director can change classifications for groups of records that conflict with records law. An affected government entity or interested person has 30 days after that change to seek a fresh district court review.

Sponsors & Cosponsors

Sponsor

  • Michael K. McKell

    Republican • Senate

Cosponsors

  • Moss, Jefferson

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 130 • No: 48

Senate vote • 3/6/2025

Senate/ concurs with House amendment

Yes: 18 • No: 6

House vote • 3/5/2025

House/ circled

Yes: 0 • No: 0

House vote • 3/5/2025

House/ passed 3rd reading

Yes: 44 • No: 23

House vote • 3/5/2025

House/ substituted

Yes: 0 • No: 0

House vote • 3/5/2025

House/ uncircled

Yes: 0 • No: 0

House vote • 3/3/2025

House Comm - Substitute Recommendation

Yes: 11 • No: 0

House vote • 3/3/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 2

Senate vote • 2/27/2025

Senate/ passed 3rd reading

Yes: 21 • No: 8

Senate vote • 2/26/2025

Senate/ passed 2nd reading

Yes: 18 • No: 7

Senate vote • 2/26/2025

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/26/2025

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 2/21/2025

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/18/2025

Senate Comm - Substitute Recommendation

Yes: 5 • No: 0

Senate vote • 2/18/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 2

Senate vote • Unknown

Senate/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ substituted

Yes: 0 • No: 0

House vote • Unknown

House/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ circled

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ substituted

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ circled

Yes: 0 • No: 0

Actions Timeline

  1. Governor Signed

    3/27/2025
  2. Senate/ to Governor

    3/17/2025Senate
  3. Senate/ received enrolled bill from Printing

    3/17/2025Senate
  4. Senate/ enrolled bill to Printing

    3/14/2025Senate
  5. Enrolled Bill Returned to House or Senate

    3/14/2025
  6. Draft of Enrolled Bill Prepared

    3/7/2025
  7. Bill Received from Senate for Enrolling

    3/7/2025
  8. Senate/ signed by President/ sent for enrolling

    3/7/2025Senate
  9. Senate/ received from House

    3/7/2025Senate
  10. House/ to Senate

    3/6/2025House
  11. House/ signed by Speaker/ returned to Senate

    3/6/2025House
  12. House/ received from Senate

    3/6/2025House
  13. Senate/ to House

    3/6/2025Senate
  14. Senate/ concurs with House amendment

    3/6/2025Senate
  15. Senate/ placed on Concurrence Calendar

    3/6/2025Senate
  16. Senate/ received from House

    3/6/2025Senate
  17. House/ to Senate

    3/5/2025House
  18. House/ passed 3rd reading

    3/5/2025House
  19. House/ substituted

    3/5/2025House
  20. House/ uncircled

    3/5/2025House
  21. House/ circled

    3/5/2025House
  22. House/ 3rd reading

    3/5/2025House
  23. House/ 2nd reading

    3/5/2025House
  24. House/ Rules to 3rd Reading Calendar

    3/5/2025House
  25. House/ return to Rules due to fiscal impact

    3/4/2025House

Bill Text

  • Enrolled

    3/14/2025

  • Substitute #4

    3/5/2025

  • Substitute #3

    3/3/2025

  • Substitute #2

    2/25/2025

  • Substitute #1

    2/18/2025

  • Introduced

    2/13/2025

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