Utah’s Government Records Access and Management Act, or GRAMA, allows journalists and the public access to government documents.
It also governs what happens when the government doesn’t want to release certain records. Citizens can appeal to a local authority, then to the State Records Committee and, if needed, the courts.
Previously, the state paid whenever it lost a case in court, but House Bill 69 would require the winner to show the government acted in “bad faith.” Rep. Andrew Stoddard, a Sandy Democrat, said it’s too high a bar.
“This is going to have a chilling effect on people who are looking to bring transparency into government,” he said during the last House floor debate Feb. 19. “I don't think this is a precedent we should agree with. I think we should be trying to seek for more government transparency.”
South Jordan Republican Rep. Jordan Teuscher contends it's about fiscal responsibility.
“What that really is, is taxpayers paying attorneys fees, and when taxpayers are having to do that, we really need to have a high bar,” he said.
Speaking with KPCW’s Local News Hour last Friday, media attorney Michael Judd said HB69 could also result in a court judgement that requires citizens or other watchdog groups to pay the government’s attorneys’ fees.
Judd, who works for KPCW underwriter Parsons Behle & Lattimer, called the bill “bad policy” and said fewer entities would file records requests as a result.
Lawmakers have passed the bill, and it’s on Gov. Spencer Cox’s desk awaiting a decision.
Another measure that would disband and replace the State Records Committee, is also making its way through the state house.
Senate Bill 277 would replace the volunteer board with a governor-appointed administrative law judge, or ALJ.
Judd contends the volunteer board members are more independent.
“If someone was really upset with the decision they made and removed them, they wouldn't lose their livelihood,” Judd said on KPCW’s “Local News Hour.” “And obviously, for an ALJ, that would change — this is somebody's full time job. And if they made a decision that someone didn't like and someone was able to remove them, they could lose their livelihood, and that puts a lot of pressure to reach the outcome that your appointer wants you to reach.”
Bill sponsor GOP Sen. Michael McKell, of Spanish Fork, said it’s needed because the volunteer committee is too slow and there’s a backlog amid increased appeals.
The Utah Senate hasn’t voted on the measure yet, and it would need approval from the House before it reaches the governor.
SB277 did undergo a change in committee Judd called “great news.” Legislators removed the part of the bill that would toss out the balancing test.
That’s a provision in GRAMA that considers whether the public’s right to get the record outweighs the government’s desire to keep it private.
“That is really at the heart of GRAMA. That's what allows some of the most important records to come out,” he said. “Lawmakers put that on the chopping block, and after significant public pushback, they withdrew that language from the bill.”
