63G-2-704.  Applicability to the governor and lieutenant governor.

(1)  The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor shall designate and classify records in accordance with Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected.

Terms Used In Utah Code 63G-2-704

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State archivist: means the director of the state archives. See Utah Code 63G-2-103
    • (2) 

    (a)  The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor are not subject to:

    (i)  Section 63G-2-203;

    (ii)  Section 63G-2-209;

    (iii)  Section 63G-2-401; or

    (iv)  6.

    (b)  The governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor are subject to only the following sections in Title 63A, Chapter 12, Division of Archives and Records Service:

    (i)  Section 63A-12-102; and

    (ii)  Section 63A-12-106.

    (3)  The governor and lieutenant governor:

    (a) 

    (i)  shall establish policies to handle requests for classification, designation, fees, access, denials, segregation, appeals to the chief administrative officer, management, retention, and amendment of records; and

    (ii)  may establish an appellate board to hear appeals from denials of access; and

    (b)  may establish:

    (i)  a process for determining that a person is a vexatious requester, including a process for an appeal from a determination that a person is a vexatious requester; and

    (ii)  appropriate limitations on a person determined to be a vexatious requester.

    (4)  Policies described in Subsection (3) shall include reasonable times for responding to access requests consistent with the provisions of 2, fees, and reasonable time limits for appeals.

    (5)  Upon request, the state archivist shall:

    (a)  assist with and advise concerning the establishment of a records management program for the governor, the office of the governor, the lieutenant governor, and the office of the lieutenant governor; and

    (b)  as required by the governor or lieutenant governor, provide program services as provided in this chapter and Title 63A, Chapter 12, Division of Archives and Records Service.

    Enacted by Chapter 516, 2023 General Session

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