The Utah Legislature has received the Society of Professional Journalists’ Black Hole Award, a dubious honor that highlights significant violations of the public’s right to know. The award was presented for two new laws, Senate Bill 277 and House Bill 69, passed in the 2025 General Session that alter how public records requests are handled in the state.  

The Black Hole Award is given annually to actions that severely undermine transparency, such as weakening public records laws or efforts to obscure information.

According to reporting from Utah News Dispatch,  SB277 replaces the State Records Committee with a governor-appointed attorney to handle public records appeals, while HB69 makes it harder for people to recover attorney fees if they challenge public records denials. 

Gov. Spencer Cox has indicated he plans to sign both bills, despite their controversial nature. Critics argue these bills could decrease transparency and grant excessive power to the governor’s office. Notably, the state already faced criticism for previous laws limiting access to certain records, including public employee statements and officials’ digital calendars. 

Sponsored by State Sen. Mike McKell, SB277 plans to eliminate the seven-member State Records Committee, which currently oversees which government records should be made public. While critics worry that replacing this body with a single appointee could result in decisions that lack impartiality and reduce government oversight, McKell argues the change will streamline the appeals process. 

HB69, proposed by State Rep. Stephanie Gricius, initially aimed to protect voter information but was amended to include a provision that makes it harder to recover legal fees in records denial cases. To get attorney fees, challengers must prove that the government acted in bad faith, a high bar that could discourage individuals from pursuing appeals due to financial risk. 

This will be the second time Utah finds itself receiving the Black Hole Award for its disregard of open government principles. The legislature previously received the dishonorable award back in 2011 when the body gutted the state’s longstanding Government Records Access and Management Act (GRAMA). That was SPJ’s inaugural Black Hole Award, where SPJ’s FOI chair at the time, David Cuillier (now director of the Brechner FOI Project), personally delivered the “black wreath of secrecy” to the legislature and governor. They did not show up to accept it. 

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