Utah Code 63G-2-604. Retention and disposition of records

63G-2-604. Retention and disposition of records.

(1)

Terms Used In Utah Code 63G-2-604

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

Public record: means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b). See Utah Code 63G-2-103

Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:

(i)	that is prepared, owned, received, or retained by a governmental entity or political subdivision; and

(ii)	where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103 State archivist: means the director of the state archives. See Utah Code 63G-2-103
(a)	Except for a governmental entity that is permitted to maintain the governmental entity’s own retention schedules under 7utenant Governor, each governmental entity shall file with the Records Management Committee created in Section 63A-12-112 a proposed schedule for the retention and disposition of each type of material that is defined as a record under this chapter.

(b)	After a retention schedule is reviewed and approved by the Records Management Committee under Subsection 63A-12-113(1)(b), the governmental entity shall maintain and destroy records in accordance with the retention schedule.

(c)

If a governmental entity subject to the provisions of this section has not received an approved retention schedule from the Records Management Committee for a specific type of material that is defined as a record under this chapter, the general retention schedule maintained by the state archivist shall govern the retention and destruction of that type of material.

(2)	A retention schedule that is filed with or approved by the Records Management Committee under the requirements of this section is a public record.

Amended by Chapter 173, 2023 General Session
Amended by Chapter 516, 2023 General Session

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