All of the following provisions were proposed in bills during the 2006 session to the Utah Government Records Access and Management Act (GRAMA) and all these provisions were defeated. Here are the results.
(1) Communications to and from elected officials are still open;
(2) The presumption of access to records still survives;
(3) Inspection records are still public;
(4) Records about minors are still public;
(5) Government cannot levy an additional surcharge, i.e., market rates, for access to electronic records or databases; and
(6)Government cannot deny a GRAMA request by saying the information requested is in a public record somewhere else.
Summary of bills:
HB 12 -- As originally drafted would have reversed the presumption of access to government records and made secret all communications to or from an elected official. Objectionable provisions were amended or removed. H.B. 12 added a new section that protects disclosure of Òinternal communications that [are] part of the deliberative process" between legislators and legislative staff. (Lines 332-340). This would include e-mails, but also other types of records, i.e., memoranda, correspondence etc. Bill passed.
HB 258 -- (the "BlackBerry Bill") -- As originally enacted, this bill allowed government to designate a single business address, e-mail address, and telephone number of a government agency for the public to contact a government employee. The law also if any other government employee telephone number or e-mail address was not a Òrecord" under GRAMA. After HB 258 passed and was signed into law by the governor, the law was amended through HB 188 to protect only mobile telephone numbers and e-mail addresses of government employees. No change was made, however, to the provision allowing government to designate a single common business address, e-mail address, and telephone number for government employees.
HB 188 - This bill requires the chief administrative officer ensure that officers and employees of the governmental entity that receive or process records requests receive required training on the procedures and requirements of GRAMA.
HB 28 -- As originally drafted, the bill would have allowed government to charge additional fees for access to electronic records, including database information. The bill would also have allowed government to refuse to respond to a GRAMA request if the information was available in another public record. The objectionable provisions were removed or amended.
H.B. 281 -- This bill would have made private all identifiable information about minors (under 18 years) contained in government records except information in court records. This would have eliminated public access to the names and identifying information about minors arrested and charged with serious crimes, high school newspapers and yearbooks, honor roll information, and children who are the subject of Amber Alerts. Bill did not pass.
S.B. 15 -- This bill requires all GRAMA appeals to be heard by the State Records Committee unless both parties to the appeal agree otherwise. (This did not pass.)
S.B. 77 -- Would have made government inspection reports private unless a sanction resulted. This would have eliminated public access to numerous inspection reports of restaurants, elevators, buildings, fire safety, private clubs, dams, day care centers, radioactive waste facilities and dozens of other regulated businesses. Bill was pulled from Senate Committee agenda by sponsor and never resurfaced. (This did not pass.)
S.B. 110 -- This bill would have made private voter information about judges. Sen. Lyle Hillyard, R-Logan, decided not to proceed with this bill after he determined that existing GRAMA provisions provided adequate protection for judges.
S.B. 190 -- As originally drafted would have prohibited someone from filing a GRAMA request if the record requested was received by another government entity for audit, enforcement, litigation, or investigative purposes. Objectionable provision removed.