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HB477: Its the little things that count

Most of the things HB477s sponsors are saying about HB477 are

unfounded because the original GRAMA statute (Government Records Access

and Management Act) already addresses those things. Nevertheless, thatswhere HB477s proponents are forcing the attention. However, there are some

new things that HB477 would dohidden quietly away in the language of the

billthat its sponsors might have been hoping you wouldnt notice. Here a few:

Government records would not include notes prepared by an employee or officer of a

governmental entity for the employees own use or reference, even when they deal with

government business  HB477, lines 534, 548-549. 

In order to qualify as a record, and therefore subject to GRAMA, information would have to

be in a form that is readily  reproducible (italics added for emphasis). GRAMA currently

states it must simply be reproducible. HB477, lines 527-533.

In waiving a fee for records requests, government officials would have to consider whether

the request is an appropriate use of taxpayer funds and resources. That leaves too much

room for subjective interpretation and opens the door to arbitrary denials.  HB 477, lines

699-703.

Certain things that are now public records under GRAMA would not be made public under

HB477:

- Empirical (experimental, scientific) data used in draft documents HB477,

lines 1005-1007, 1024-1028. 

- Original data in a computer program the government has not disclosed

HB477, lines 1005-1007, 1038-1039. 

- Information used in determining fiscal notesthe estimate of how much a

proposed new law would cost the stateuntil after that law has already been

passed HB477, lines 1221-1222, 1375-1380.

- Records in the governors office used in making policy decisions (budget

recommendations, legislative proposals, internal communications, working

papers and policy statements) even after the governor has implemented or

rejected that policy HB477, lines 1221-1222, 1370-1374.

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- Records related to the performance of a legislators official governmental

duties unless it provides notice of an official legislative action or policy.

This includes correspondence and communications to or from legislators,

between legislators, between legislators and staff members, and between the

staff members of legislators HB477, lines 1221-1222, 1320-1335.

If a records request is initially denied, HB477 makes a requester prove that the public

interest favors the disclosure of a record. This applies all the way up the chain of appeals,

even including judicial courts. GRAMA currently allows appeal authorities to weigh all

evidence, including the record itself, when judging whether public interest favors disclosure.

Under GRAMA currently, the presumption is on open records, and the burden of proof rests

with the government to show that the interests of restricting the record are greater than the

public interest in releasing the record HB477, lines 1556-1562, 1658-1663, 1753-1758. 

Exempts the Legislature from the Public Records Management Act (different than GRAMA,

and found in Utah Code, Title 63 Chapter 12) except for Sections 102 and 106 of that act.

Among other things, this means the Legislature is exempt from

1) Rules on how records are to be collected or stored;

2) A law stating that records created or kept by the government are the

property of the state;

3) A law making it illegal to destroy or mutilate government records;

4) The authority of the attorney general to take possession of government

records that are not adequately maintained or safeguarded.

HB477, lines 1811-1812.