63G-2-501.  State Records Committee created — Membership — Terms — Vacancies — Expenses.

(1)  There is created the State Records Committee within the Department of Government Operations consisting of the following seven individuals:

Terms Used In Utah Code 63G-2-501

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Governmental entity: means :
(i) executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103
  • Individual: means a human being. See Utah Code 63G-2-103
  • Person: means :
    (a) an individual;
    (b) a nonprofit or profit corporation;
    (c) a partnership;
    (d) a sole proprietorship;
    (e) other type of business organization; or
    (f) any combination acting in concert with one another. See Utah Code 63G-2-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
    • (a)  an individual in the private sector whose profession requires the individual to create or manage records that, if created by a governmental entity, would be private or controlled;

    (b)  an individual with experience with electronic records and databases, as recommended by a statewide technology advocacy organization that represents the public, private, and nonprofit sectors;

    (c)  the director of the Division of Archives and Records Services or the director’s designee;

    (d)  two citizen members;

    (e)  one person representing political subdivisions, as recommended by the Utah League of Cities and Towns; and

    (f)  one individual representing the news media.

    • (2)  The governor shall appoint the members described in Subsections (1)(a), (b), (d), (e), and (f) with the advice and consent of the Senate in accordance with 2.

    (3) 

    (a)  Except as provided in Subsection (3)(b), the governor shall appoint each member to a four-year term.

    (b)  Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.

    (c)  Each appointed member is eligible for reappointment for one additional term.

    (4)  When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

    (5)  A member of the State Records Committee may not receive compensation or benefits for the member’s service on the committee, but may receive per diem and travel expenses in accordance with:

    (a)  Section 63A-3-106;

    (b)  Section 63A-3-107; and

    (c)  rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

    (6)  A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the conflict of interest provisions described in 3.

    Amended by Chapter 344, 2021 General Session

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