Bill would change Utah public records law, aims to limit 'vexatious requests'

The Capitol in Salt Lake City on Monday, Jan. 24, 2022.
The Capitol in Salt Lake Metropolis on Monday, Jan. 24, 2022.
Scott G Winterton, Deseret Information

A proposed invoice would change Utah information regulation and doubtlessly make information requests extra pricey to the general public.

HB96 would change the state's Authorities Data Entry and Administration Act, often known as GRAMA, to permit authorities entities to cost for on a regular basis spent fulfilling a information request if the requester has filed a separate request within the 10 days prior. As of now, the preliminary quarter-hour of fulfilling a request value nothing to the requester no matter what number of requests had been filed within the earlier days.

The invoice, which is being sponsored by Rep. Dan Johnson, R-Logan, was introduced to the Home Authorities Operations Committee on Monday and was later accepted by the committee in a 10-1 vote.

Cache County Clerk/Auditor Jess Bradfield spoke on behalf of the Utah Affiliation of County Clerks and the Utah Affiliation of Counties, a bunch he stated absolutely helps the invoice.

Bradfield stated the proposed invoice wouldn't restrict the potential variety of requests that may be filed, however it might put a restrict on the variety of requests that may be granted the payment waiver for quarter-hour of labor. He claimed the invoice "protects the proper of a person to petition the federal government for info."

"Sadly, vexatious and serial requesters have realized that they are allowed to submit a vast variety of small requests every day to an entity," Bradfield advised the committee. "Such actions throw a stick within the spokes of presidency places of work and are most detrimental to those that request info for the general public profit comparable to information companies or people who could also be impacted by a coverage or program and require info in a well timed method."

Rep. Phil Lyman, R-Blanding, advised the committee that he can see each side of the invoice, and that he is seen antagonism on each side of the problem. He stated he wasn't positive if the proposed invoice would add to or scale back that antagonism.

"I am unsure if that is an lodging or if it is a response to individuals who want info and are requesting info," Lyman stated.

Bradfield stated the objective is to restrict "vexatious requests" to ensure that authorities entities to run extra easily and tackle extra "reliable" requests in a well timed method. He emphasised that the invoice wouldn't stop somebody from submitting a public information request, and that requesters would have 36 free requests a yr.

Renae Cowley Laub, a consultant for the Utah Media Coalition, spoke towards the proposed invoice and stated the laws might have a chilling impact on most requesters. As an alternative, Cowley Laub talked about a course of utilized in different states the place the federal government must meet sure necessities to label somebody as a "vexatious requester," which might embody a media group.

"I am intrigued as a result of I might like to label the Salt Lake Tribune as a vexatious requester," Rep. Norm Thurston, R-Provo, stated. "So I believe if you wish to go down that path, tell us as a result of we might have a substitute invoice coming."

Bradfield stated that only one% to 2% of the GRAMA requests submitted to Cache County had been from members of the media. He stated 39% of the 100 requests filed prior to now 10 months got here from a single particular person.

Thurston later motioned to vote for a good advice on the invoice, which was handed 10-1. The lone no vote was forged by Lyman, who advised the committee he nonetheless had considerations in regards to the invoice.

"While you put in a brand new payment like this, it sends a robust message that, you understand, the federal government is answerable for this they usually're not going to be managed by the folks," Lyman stated. "And I believe the folks need to ship a robust message to the federal government that the persons are answerable for it, they don't seem to be going to be managed by the federal government."

He added that whereas Cache County sounded prefer it has an excellent system in place, "some counties, they drag their toes, they put folks by the wringer."

"I believe it is a transfer within the mistaken path, myself, so I am gonna vote no on it," Lyman stated.

The invoice now goes to the total Home for consideration.

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