A Utah Senate committee narrowly approved a bill that would dismantle the citizen-led committee responsible for resolving disputes over access to government records. The proposal would replace the State Records Committee with an administrative law judge appointed by the governor. 

Following continued reporting from the Salt Lake Tribune, Senate Majority Assistant Whip Mike McKell has contended that the current system is inefficient, causing significant delays in resolving open records appeals. In 2023, it took an average of 156 days for the committee to issue a decision. In contrast, Ohio, which assigns cases to administrative law judges, resolves appeals within weeks. 

McKell noted that only 10% of appeals met the legally mandated 73-day resolution timeline, arguing that delays erode public trust in government. 

McKell revised the bill to retain the “balancing test,” a key provision allowing records to be released when public interest outweighs restrictions. The original proposal to remove it faced strong opposition from media groups and conservative activists who sought to protect the Government Records Access and Management Act (GRAMA). 

Despite the revision, opposition remained significant, with 18 individuals testifying against the bill and only one, a representative from the Utah League of Cities and Towns, speaking in favor.  

The Senate Government Operations Committee advanced the bill on a 4-2 vote, with two Republican senators—Ronald Winterton and Daniel Thatcher —voting against it.  

Separately, the Senate passed another bill that would make it significantly harder for requesters to recover attorney fees when government agencies improperly deny records requests. 

Currently, those who win open records lawsuits can be reimbursed for legal costs. However, an amendment to HB69 would require the requester to prove the government acted in “bad faith” to recover fees, meaning the denial had no legitimate legal basis. 

Sen. Calvin Musselman inserted the legal fee change into an election bill before its final Senate vote, saying it merely created a “two-way road” allowing the government to also collect fees if it wins.  

Rachel Terry, director of the state’s Division of Risk Management, argued that inconsistent interpretations of GRAMA by the State Records Committee have driven up legal costs in recent years. 

“That attorney fee provision has been really expensive for the state,” McKell said. “It’s created significant liability.” 

Musselman’s amendment to HB69 passed the Senate unanimously. 

Posted: February 25, 2025
Category: Brechner News
Tagged as: Brechner Freedom of Information Project, FOI, open records laws, Secrecy Tracker