reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 10 - Energy Conservation and Efficiency › Section 1004 - State facility energy efficiency data.

Effective 5/5/2021
63A-5b-1004.
State facility energy efficiency data.
(1) On or before July 1, 2022, each state facility shall submit to the division, or verify that the division already collects, the utility information for the state facility's utilities for each month, beginning with May 2021 and ending with May 2022.
(2) A state facility shall submit the utility information described in Subsection (1):
(a) in a format approved by the division;
(b) for each location that the state facility uses; and
(c) for each of the following utilities that the state facility uses:
(i) water;
(ii) electric; and
(iii) natural gas.
(3) The division shall use the information received in accordance with this section to identify opportunities for increased energy efficiency at each state facility.
(4) Once the division has identified an energy efficiency project for a state facility, the staff of the state facility shall assist the division in completing the identified project.
Enacted by Chapter 116, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 11 - Miscellaneous Provisions › Section 1101 - Gifts, grants, and donations.

Effective 5/12/2020
63A-5b-1101.
Gifts, grants, and donations.
(1)
(a) The state or the division may receive a gift, grant, or donation to further the purposes of this part.
(b) A gift, grant, or donation described in Subsection (1)(a) may not revert to the General Fund.
(2)
(a) This Subsection (2) applies if:
(i) a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and
(ii) the institution of higher education:
(A) agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and
(B) agrees that the building or buildings will not be eligible for state capital improvement funding.
(b) Notwithstanding any other provision of this chapter, an institution of higher education that receives a donation described in Subsection (2)(a) may:
(i) oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or
(ii) arrange for oversight and management of the construction project by the division.
(c) The role of compliance agency on a construction project on the donated land shall be provided by:
(i) the institution of higher education, for a construction project that the institution of higher education oversees and manages under Subsection (2)(b); or
(ii) the director, for a construction project that the division oversees and manages under Subsection (2)(b)(ii).
Enacted by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 11 - Miscellaneous Provisions › Section 1102 - Memorials by the state or state agencies.

Effective 2/27/2023
63A-5b-1102.
Memorials by the state or state agencies.
(1) As used in this section:
(a) "Authorizing agency" means an agency that holds title to state land.
(b) "Authorizing agency" does not mean a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act.
(2) The Legislature, the governor, or an authorizing agency may authorize the use or donation of state land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate individuals who have:
(a) participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or
(b) given their lives in association with public service on behalf of the state, including firefighters, peace officers, highway patrol officers, or other public servants.
(3) The use or donation of state land in relation to a memorial described in Subsection (2) may include:
(a) using or appropriating public funds for the purchase, development, improvement, or maintenance of state land on which a memorial is located or established;
(b) using or appropriating public funds for the erection, improvement, or maintenance of a memorial;
(c) donating or selling state land for use in relation to a memorial; or
(d) authorizing the use of state land for a memorial that is funded or maintained in part or in full by another public or private entity.
(4) The Legislature, the governor, or an authorizing agency may specify the form, placement, and design of a memorial that is subject to this section if the Legislature, the governor, or the authorizing agency holds title to, has authority over, or donates the land on which a memorial is established.
(5) A memorial within the definition of a capital development project, as defined in Section 63A-5b-401, is required to be approved as provided for in Section 63A-5b-402.
(6) Nothing in this section may be construed as a prohibition of a memorial, including a memorial for a purpose not covered by this section, that:
(a) is erected within the approval requirements in effect at the time of the memorial's erection; or
(b) may be duly authorized through other legal means.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 11 - Miscellaneous Provisions › Section 1103 - Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited.

Effective 7/1/2020
63A-5b-1103.
Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited.
(1) As used in this section:
(a) "Applicable government entity" means a state agency, a political subdivision of the state, the Utah Board of Higher Education, or any college or university supported in whole or in part by the state.
(b) "Government facility" means a building, laboratory, facility, room, dormitory, hall, or other structure owned, licensed as a licensee, leased as a tenant, or lawfully occupied by an applicable government entity.
(2) An individual may not knowingly make or cause to be made any key or duplicate key for a government facility without the prior written consent of the applicable government entity.
(3) A person who violates this section is guilty of a class B misdemeanor.
Enacted by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 11 - Miscellaneous Provisions › Section 1104 - Notification to local governments for construction or modification of certain facilities.

Effective 5/4/2022
63A-5b-1104.
Notification to local governments for construction or modification of certain facilities.
(1)
(a) The director or the director's designee shall notify in writing the elected representatives of a local government entity directly and substantively affected by any diagnostic, treatment, parole, probation, or other secured facility project exceeding $500,000, if:
(i) the nature of the project has been significantly altered since an earlier notification;
(ii) the project would significantly change the nature of the functions presently conducted at the location; or
(iii) the project is new construction.
(b) At the request of the state entity or the local government entity, representatives from the state entity and the affected local entity shall conduct or participate in a local public hearing or hearings to discuss the issues described in Subsection (1)(a).
(2)
(a)
(i) Before beginning the construction of student housing on property owned by the state or an institution of higher education, the director shall provide written notice of the proposed construction, as provided in Subsection (2)(a)(ii), if any of the proposed student housing buildings is within 300 feet of privately owned residential property.
(ii) Each notice under Subsection (2)(a)(i) shall be provided to the legislative body and, if applicable, the mayor of:
(A) the county in whose unincorporated area the privately owned residential property is located; or
(B) the municipality in whose boundary the privately owned residential property is located.
(b)
(i) Within 21 days after receiving the notice required by Subsection (2)(a)(i), a county or municipality entitled to the notice may submit a written request to the director for a public hearing on the proposed student housing construction.
(ii) If a county or municipality requests a hearing under Subsection (2)(b)(i), the director and the county or municipality shall jointly hold a public hearing to provide information to the public and to allow the director and the county or municipality to receive input from the public about the proposed student housing construction.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 11 - Miscellaneous Provisions › Section 1105 - Testing and inspection firm requirements.

Effective 5/12/2020
63A-5b-1105.
Testing and inspection firm requirements.
The director shall ensure that any person performing testing and inspection work governed by the American Society for Testing Materials Standard E-329 on a public building under the director's supervision:
(1) fully complies with the American Society for Testing Materials standard specifications for an agency engaged in the testing and inspection of materials known as ASTM E-329; and
(2) carries a minimum of $1,000,000 of errors and omissions insurance.
Enacted by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 1 - General Provisions › Section 101 - Definitions.

Effective 2/27/2023
63A-9-101.
Definitions.
As used in this part:
(1)
(a) "Agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the State Board of Education and each higher education institution described in Section 53B-1-102.
(c) "Agency" includes the legislative and judicial branches.
(2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
(3) "Director" means the director of the division.
(4) "Division" means the Division of Fleet Operations created by this chapter.
(5) "Executive director" means the executive director of the Department of Government Operations.
(6) "Local agency" means:
(a) a county;
(b) a municipality;
(c) a school district;
(d) a special district;
(e) a special service district;
(f) an interlocal entity as defined under Section 11-13-103; or
(g) any other political subdivision of the state, including a local commission, board, or other governmental entity that is vested with the authority to make decisions regarding the public's business.
(7)
(a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
(b) "Motor vehicle" includes vehicles used for construction and other nontransportation purposes.
(8) "State vehicle" means each motor vehicle owned, operated, or in the possession of an agency.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 2 - Division of Fleet Operations › Section 201 - Creation.

Effective 7/1/2021
63A-9-201.
Creation.
(1) There is created the Division of Fleet Operations within the department.
(2) The division of fleet operations is an internal service fund agency and its financial affairs shall be accounted for as an internal service fund.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 2 - Division of Fleet Operations › Section 202 - Director of division -- Appointment.

63A-9-202.
Director of division -- Appointment.
The executive director of the department shall appoint the director of the Division of Fleet Operations with the approval of the governor.
Enacted by Chapter 334, 1996 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 4 - Division Duties › Section 401.5 - Vehicle fleet cost efficiency plans -- Requirements -- Contents -- Submission by agencies.

63A-9-401.5.
Vehicle fleet cost efficiency plans -- Requirements -- Contents -- Submission by agencies.
(1) The division shall develop and coordinate the implementation of a statewide vehicle fleet cost efficiency plan to ensure continuing progress toward statewide overall cost reduction in government vehicle costs. The plan shall include:
(a) goals for vehicle fleet cost efficiency;
(b) a summary of agency submitted plans, statistics, and progress;
(c) standard measures of cost including:
(i) vehicle cost per mile;
(ii) total vehicles;
(iii) total fuel used; and
(iv) miles per gallon of fuel;
(d) goals for purchasing the most economically appropriate size and type of vehicle for the purposes and driving conditions for which the vehicle will be used;
(e) cost reduction measures which may include:
(i) reducing vehicle engine idle time;
(ii) driving fewer miles;
(iii) using car pools when possible;
(iv) avoiding rush hour traffic;
(v) reducing aggressive driving;
(vi) providing proper preventative maintenance including properly inflated tires; and
(vii) purchasing from state fuel sites and using the lowest octane fuel needed for the altitude;
(f) reducing inventories of underutilized vehicles; and
(g) education to inform drivers of their accountability on implementing cost reduction measures.
(2) The division shall assist agencies to develop and implement their own plans in accordance with this part.
(3) Each agency that owns or leases vehicles shall develop, implement, and submit to the division under Section 63A-9-402, a vehicle fleet cost efficiency plan for their agency in accordance with the provisions under Subsection (1). The plan shall include agency goals and statistics, and a report of agency progress.
Enacted by Chapter 106, 2007 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 4 - Division Duties › Section 402 - State-owned vehicle report -- Contents.

63A-9-402.
State-owned vehicle report -- Contents.
(1) On or before October 1 of each year, each agency that owns or leases vehicles shall submit a report to the division that contains at least the following information:
(a) a description of each vehicle owned or leased by that agency, including the license number, year, make, and model of the vehicle;
(b) the person and administrative unit within the agency to whom each vehicle is assigned; and
(c) a vehicle fleet cost efficiency plan in accordance with the provisions of Section 63A-9-401.5.
(2)
(a) On or before November 1 of each calendar year, the director of the division shall submit a state-owned vehicle report to the governor and to the legislative fiscal analyst.
(b) The report shall contain a summary of vehicles owned or leased by each state agency including:
(i) a description of each vehicle owned or leased by each agency;
(ii) the person or administrative unit within the agency to whom each vehicle is assigned; and
(iii) standard measures of cost for the previous year, for each vehicle, including:
(A) vehicle cost per mile;
(B) total vehicles;
(C) total fuel used; and
(D) miles per gallon of fuel.
(3) The legislative fiscal analyst shall submit the information from the state-owned vehicle report about each agency's state-owned vehicles to the legislative appropriation subcommittee that has jurisdiction over that agency.
(4)
(a) Vehicles used in official investigative work where secrecy is essential are exempt from the requirements of this section.
(b) The report to the governor and legislative fiscal analyst shall include the total number of state vehicles used in official investigative work where secrecy is essential that are not otherwise accounted for in the report.
Amended by Chapter 106, 2007 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 4 - Division Duties › Section 403 - Clean emissions vehicles -- Alternative fuel vehicles.

Effective 5/13/2014
63A-9-403.
Clean emissions vehicles -- Alternative fuel vehicles.
No later than August 30, 2018, the division shall ensure that 50% or more of new or replacement division-owned state vehicles that are motor vehicles used for the transportation of passengers are motor vehicles with emissions that are equal to or cleaner than the standards established in bin 2 in Table S04-1, of 40 C.F.R. 86.1811-04(c)(6), or any vehicle propelled to a significant extent using one of the following alternative fuels:
(1) electricity from an off-board source;
(2) natural gas;
(3) liquid petroleum gas;
(4) hydrogen; or
(5) biodiesel.
Enacted by Chapter 190, 2014 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 5 - Misuse of Vehicles › Section 501 - Complaints about misuse or illegal operation of state vehicles -- Disposition.

Effective 5/4/2022
63A-9-501.
Complaints about misuse or illegal operation of state vehicles -- Disposition.
(1) The division shall refer complaints from the public about misuse or illegal operation of state vehicles to the agency that is the owner or lessor of the vehicle.
(2) Each agency head or the agency head's designee shall investigate all complaints about misuse or illegal operation of state vehicles and shall discipline each employee that is found to have misused or illegally operated a vehicle by following the procedures described in the rules made by the Division of Human Resource Management, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as authorized by Section 63A-17-306.
(3)
(a) Each agency shall report the findings of each investigation conducted as well as any action taken as a result of the investigation to the directors of the Divisions of Fleet Operations and Risk Management.
(b) Misuse or illegal operation of state vehicles may result in suspension or revocation of state vehicle driving privileges as governed in rule.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 6 - Marking of Vehicles › Section 601 - Marking of vehicles.

63A-9-601.
Marking of vehicles.
(1)
(a) Except as provided in Subsection (5), all motor vehicles owned, leased for use, or operated by the state shall display an identification mark and "EX" plates where required by Section 41-1a-407.
(b) The division is responsible for ensuring that vehicles owned or leased by the state are marked.
(c) The division shall enact rules relating to the size and design of the identification mark.
(2) The identification mark shall be clear, distinct, and kept free from defacement, mutilation, grease, and other obscuring matter so that it is plainly visible at all times.
(3) Each person operating a state vehicle without the proper designation is guilty of an infraction.
(4) Vehicles used in official investigative work where secrecy is essential are exempt from the requirements of this section.
(5) Notwithstanding Subsection (1), the division may grant security exemptions to the identification mark and "EX" plate requirement when the division:
(a) receives a request for an exemption; and
(b) determines there is a substantial danger to the person to whom the vehicle is assigned if the vehicle is identified as a state vehicle.
Enacted by Chapter 334, 1996 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 7 - Use of Division Services › Section 701 - Subscription to motor pool by certain local government entities.

Effective 5/3/2023
63A-9-701.
Subscription to motor pool by certain local government entities.
(1) The following local government entities may subscribe to the central motor pool service provided by the division subject to the conditions established in Subsection (2):
(a) local health departments as defined in Title 26A, Chapter 1, Part 1, Local Health Department Act;
(b) local substance abuse authorities as defined in Section 17-43-201;
(c) local area agencies, as authorized by Section 26B-6-104, or their subcontractors who are local governmental or public entities; and
(d) local mental health authorities as defined in Section 17-43-301.
(2) The local government entities outlined in Subsection (1) may subscribe to the central motor pool service provided by the division only if:
(a) the director of the local government entity determines it will result in substantial cost savings or increased efficiency to the local government entity; and
(b) the central motor pool has sufficient vehicles available.
Amended by Chapter 329, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 9 - Division of Fleet Operations and Administration of State Motor Vehicles › Part 7 - Use of Division Services › Section 702 - Authority of public to purchase natural gas from the state fuel network -- Rulemaking authority.

63A-9-702.
Authority of public to purchase natural gas from the state fuel network -- Rulemaking authority.
(1) As used in this section, "private individual or entity" means any individual or entity that:
(a) is not acting under the authority of a federal, state, or local government agency; and
(b) is not purchasing compressed natural gas from the state's fuel network for sale, resale, distribution, redistribution, trade, exchange, or in furtherance of a commercial enterprise.
(2) The division may allow a private individual or entity to purchase compressed natural gas from the state's fuel network if:
(a) there is no commercial fuel site that meets the geographical compressed natural gas distribution needs of private individuals or entities; and
(b) there is no emergency that, as determined by the division, warrants the holding of compressed natural gas in reserve for use by state or emergency vehicles.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:
(a) giving state and local agencies priority to dispense and receive compressed natural gas from the state's fuel network sites;
(b) designating state fuel network sites that may be made available to private individuals and entities for the purchase of compressed natural gas;
(c) defining the terms of operation for each site designated under Subsection (3)(b);
(d) unless otherwise prohibited by law, limiting the amount of compressed natural gas that may be purchased from the state's fuel network by any private individual or entity at any one time, or in the aggregate during any given period of time;
(e) providing conditions upon which a private individual or entity's authorization to purchase compressed natural gas from the state fuel network may be granted, revoked, or suspended under this section;
(f) to establish or determine compliance with Subsections (2)(a) and (b); and
(g) defining the term "geographical compressed natural gas needs of a private individual or entity."
Enacted by Chapter 65, 2008 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 100.5 - Definitions.

Effective 5/3/2023
63A-12-100.5.
Definitions.
(1) Except as provided under Subsection (2), the definitions in Section 63G-2-103 apply to this chapter.
(2) As used in this chapter:
(a) "Division" means the Division of Archives and Records Service.
(b)
(i) "Executive branch agency" means the same as that term is defined in Section 63A-16-102.
(ii) "Executive branch agency" includes a state agency, as defined in Subsection 67-1-17(1)(d).
(c)
(i) "Personal identifying information" means information about an individual that:
(A) identifies, or can be used to identify, an individual;
(B) distinguishes an individual from one or more other individuals; or
(C) is, or can be, logically associated with other information or data, through technology or otherwise, to identify an individual or distinguish an individual from one or more other individuals.
(ii) "Personal identifying information" includes information identified as personal identifying information in accordance with the rules described in Section 63A-12-104.
(d) "Privacy annotation" means a summary, described in Subsection 63A-12-115(2) and rules made by the executive director under Subsection 63A-12-104(2), that, for each record series that an executive branch agency collects, maintains, or uses:
(i) discloses whether the record series contains personal identifying information; and
(ii) if the record series contains personal identifying information, includes the information described in Subsection 63A-12-115(2)(b).
(e) "Record" means:
(i) the same as that term is defined in Section 63G-2-103; or
(ii) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102, the release of which is governed by Section 77-37-4.
(f) "State archives" means the Division of Archives and Records Service.
(g) "Vulnerable adult" means the same as that term is defined in Section 26B-6-201.
(h) "Vulnerable record" means a record or data relating to:
(i) national security interests;
(ii) the care, custody, or control of a child;
(iii) a fiduciary trust over money;
(iv) health care of a child; or
(v) the following, in relation to a vulnerable adult:
(A) protection, health care, or other care; or
(B) the provision of food, shelter, clothing, assistance with an activity of daily living, or assistance with financial resource management.
Amended by Chapter 173, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 102 - State archivist -- Duties.

Effective 3/15/2023
63A-12-102.
State archivist -- Duties.
(1)
(a) With the approval of the governor, the executive director shall appoint the state archivist to serve as director of the state archives.
(b) The state archivist shall be qualified by archival training, education, and experience.
(2) The state archivist is charged with:
(a) the custody and permanent retention and preservation of:
(i) the enrolled copy of the original 1895 Utah Constitution;
(ii) Indian war records;
(iii) oaths of office of all state officials, including legislative officials, required under Article IV, Section 10 of the Utah Constitution to take an oath of office;
(iv) all other records, excluding legislative records described in Section 63A-12-102.5, kept by or deposited with the state archivist for permanent preservation as provided by law; and
(b) the retention and preservation of legislative records, as provided in Section 63A-12-102.5.
(3)
(a) The state archivist is the official custodian of all noncurrent records of permanent or historic value that are not required by law to remain in the custody of the originating governmental entity.
(b) Upon the termination of any governmental entity, its records shall be transferred to the state archives.
Amended by Chapter 291, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 103 - Duties of governmental entities.

Effective 7/1/2021
63A-12-103.
Duties of governmental entities.
The chief administrative officer of each governmental entity shall:
(1) establish and maintain an active, continuing program for the economical and efficient management of the governmental entity's records as provided by this chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
(2) appoint one or more records officers who will be trained to work with the state archives in the care, maintenance, scheduling, disposal, classification, designation, access, and preservation of records;
(3) ensure that officers and employees of the governmental entity that receive or process records requests receive required training on the procedures and requirements of this chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
(4) make and maintain adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the governmental entity designed to furnish information to protect the legal and financial rights of persons directly affected by the entity's activities;
(5) submit to the state archivist proposed schedules of records for final approval by the Records Management Committee created in Section 63A-12-112;
(6) cooperate with the state archivist in conducting surveys made by the state archivist;
(7) comply with rules issued by the Department of Government Operations as provided by Section 63A-12-104;
(8) report to the state archives the designation of record series that it maintains;
(9) report to the state archives the classification of each record series that is classified; and
(10) establish and report to the state archives retention schedules for objects that the governmental entity determines are not defined as a record under Section 63G-2-103, but that have historical or evidentiary value.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 104 - Rulemaking authority.

Effective 5/3/2023
63A-12-104.
Rulemaking authority.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) the state archivist may, for an executive branch agency, make rules establishing procedures for the collection, storage, designation, classification, access, mediation for records access, and management of records under this chapter and Title 63G, Chapter 2, Government Records Access and Management Act; and
(b) a department may make rules specifying at which level within the department the requirements described in this chapter will be undertaken.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director shall, in consultation with the state archivist and the chief privacy officer, make rules for an executive branch agency that establish:
(a) requirements for making an inventory of each record series that contains personal identifying information, including:
(i) information collected as part of the inventory;
(ii) regularly reviewing, updating, and maintaining the inventory; and
(iii) reporting the inventory to the chief privacy officer;
(b) a list of information, categories of information, or types of information expressly designated as personal identifying information, in accordance with the criteria described in Subsections 63A-12-100.5(2)(c)(i) through (iii);
(c) criteria, variables, and principles for determining whether information in a record series, not expressly designated under Subsection (2)(b), is personal identifying information;
(d) a list and description of categories or types of personal identifying information that are collected, maintained, or used by executive branch agencies; and
(e) requirements for the form, content, format, review, and update of a privacy annotation.
(3) The rules described in Subsection (2)(b) may incorporate, by reference, a data dictionary that a records officer appointed under Subsection 63A-12-103(2)(a) shall use in making the determination described in Subsection (2)(c).
Repealed and Re-enacted by Chapter 173, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 105 - Records are property of the state -- Disposition -- Penalties for intentional mutilation or destruction.

63A-12-105.
Records are property of the state -- Disposition -- Penalties for intentional mutilation or destruction.
(1) All records created or maintained by a state governmental entity are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or part, except as provided in this chapter and Title 63G, Chapter 2, Government Records Access and Management Act.
(2)
(a) Except as provided in Subsection (2)(b), all records created or maintained by a political subdivision of the state are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or in part, except as provided in this chapter and Title 63G, Chapter 2, Government Records Access and Management Act.
(b) Records which constitute a valuable intellectual property shall be the property of the political subdivision.
(c) The state archives may, upon request from a political subdivision, take custody of any record series of the political subdivision. A political subdivision which no longer wishes to maintain custody of a record which must be retained under the political subdivision's retention schedule or the state archive's retention schedule shall transfer it to the state archives for safekeeping and management.
(3)
(a) It is unlawful for a person to intentionally mutilate, destroy, or to otherwise damage or dispose of the record copy of a record knowing that the mutilation, destruction, damage, or disposal is in contravention of:
(i) a governmental entity's properly adopted retention schedule; or
(ii) if no retention schedule has been properly adopted by the governmental entity, the model retention schedule, as provided in Section 63G-2-604.
(b) Violation of this Subsection (3) is a class B misdemeanor.
(c) An employee of a governmental entity that violates this Subsection (3) may be subject to disciplinary action as provided under Section 63G-2-804.
Amended by Chapter 44, 2009 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 106 - Certified and microphotographed copies.

Effective 5/14/2019
63A-12-106.
Certified and microphotographed copies.
(1) Upon demand, the state archives shall furnish certified copies of a record in the state archives's exclusive custody that is classified public or that is otherwise determined to be public under this chapter by the originating governmental entity, the State Records Committee created in Section 63G-2-501, or a court of law. When certified by the state archivist under the seal of the state archives, a copy has the same legal force and effect as if certified by the originating governmental entity.
(2) The state archives may microphotograph records when the state archives determines that microphotography is an efficient and economical way to care, maintain, and preserve the record. A transcript, exemplification, or certified copy of a microphotograph has the same legal force and effect as the original. Upon review and approval of the microphotographed film by the state archivist, the source documents may be destroyed.
(3) The state archives may allow another governmental entity to microphotograph records in accordance with standards set by the state archives.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 107 - Right to replevin.

63A-12-107.
Right to replevin.
To secure the safety and preservation of records, the state archivist or the state archivist's representative may examine all records. On behalf of the state archivist, the attorney general may replevin any records that are not adequately safeguarded.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 108 - Inspection and summary of record series -- Data dictionary.

Effective 5/3/2023
63A-12-108.
Inspection and summary of record series -- Data dictionary.
(1) State archives shall provide for public inspection of:
(a) the title and a summary description of each record series; and
(b) for an executive branch agency, the privacy annotation of each record series.
(2) The department shall:
(a) post the data dictionary described in Subsection 63A-12-104(3) on the department's website; and
(b) maintain and update the data dictionary on a regular basis.
Amended by Chapter 173, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 110 - Online training course.

63A-12-110.
Online training course.
(1) As used in this section, "records officer" is as defined in Section 63G-2-103.
(2) The division shall:
(a) develop an online training course for records officers of all governmental entities and political subdivisions;
(b) make the online training course available on or before January 1, 2013;
(c) on an annual basis, provide certification to a records officer after the records officer successfully completes the online training course; and
(d) post a list on its website of all records officers, including for each:
(i) the name of the records officer;
(ii) the name of the governmental entity or political subdivision to which the records officer provides services as a records officer;
(iii) contact information for the records officer;
(iv) the most recent date on which the records officer completed the online training course; and
(v) the date on which the records officer's certification expires.
(3) The online training course described in this section shall train a records officer regarding the provisions of:
(a)Title 63G, Chapter 2, Government Records Access and Management Act;
(b) rules made under Title 63G, Chapter 2, Government Records Access and Management Act; and
(c) other legal and policy matters relating to responding to a public records request.
(4) The division:
(a) shall develop the online training course in consultation with the attorney general's office; and
(b) may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 377, 2012 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 111 - Government records ombudsman.

Effective 5/14/2019
63A-12-111.
Government records ombudsman.
(1)
(a) The director of the division shall appoint a government records ombudsman.
(b) The government records ombudsman may not be a member of the State Records Committee created in Section 63G-2-501.
(2) The government records ombudsman shall:
(a) be familiar with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act;
(b) serve as a resource for a person who is making or responding to a records request or filing an appeal relating to a records request;
(c) upon request, attempt to mediate disputes between requestors and responders; and
(d) on an annual basis, electronically transmit a written report to the Government Operations Interim Committee on the work performed by the government records ombudsman during the previous year.
(3) The government records ombudsman may not testify, or be compelled to testify, before the State Records Committee created in Section 63G-2-501, another administrative body, or a court regarding a matter that the government records ombudsman provided services in relation to under this section.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 112 - Records Management Committee -- Creation -- Membership -- Administration.

Effective 7/1/2023
63A-12-112.
Records Management Committee -- Creation -- Membership -- Administration.
(1) There is created the Records Management Committee composed of the following seven members:
(a) the director of the Utah Historical Society or the director's designee;
(b) the director of the Division of Archives and Records Services or the director's designee; and
(c) five members appointed by the governor as follows:
(i) a member of the Utah State Bar who understands public records keeping under Title 63G, Chapter 2, Government Records Access and Management Act;
(ii) a member with experience in public finance;
(iii) an individual from the private sector whose principal professional responsibilities are to create or manage records;
(iv) a member representing political subdivisions, recommended by the Utah League of Cities and Towns; and
(v) a member representing the news media.
(2)
(a) Except as provided in Subsection (2)(b), the governor shall appoint each member to a four-year term.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of committee members' terms to ensure that the terms of members appointed by the governor are staggered so that approximately half of the committee members appointed by the governor are appointed every two years.
(c) Each appointed member of the committee is eligible for reappointment for one additional term.
(3) When a vacancy occurs in the membership of the committee for any reason, the applicable appointing authority shall appoint a replacement for the unexpired term.
(4) A member of the Records Management 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.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 113 - Records Management Committee -- Duties.

Effective 5/14/2019
63A-12-113.
Records Management Committee -- Duties.
(1) The Records Management Committee shall:
(a) appoint a chair from among the committee's members; and
(b) review and determine whether to approve each schedule for the retention and disposal of records, including a proposed schedule submitted to the committee under Section 63G-2-604, within three months after the day on which the proposed schedule is submitted to the committee.
(2) The Records Management Committee may make recommendations to a governmental entity regarding the entity's management of records.
(3) Four members of the Records Management Committee are a quorum for the transaction of business.
(4) The state archivist shall provide staff and support services for the Records Management Committee.
(5) The Office of the Attorney General shall provide counsel to the Records Management Committee.
Enacted by Chapter 254, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 114 - Utah Open Records Portal Website.

Effective 5/5/2021
63A-12-114.
Utah Open Records Portal Website.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section 63G-2-103.
(b) "Website" means the Utah Open Records Portal Website created in this section.
(2) There is created the Utah Open Records Portal Website to be administered by the division.
(3) Unless otherwise provided by a governmental entity, the website shall serve as an additional point of access for requests for records under Title 63G, Chapter 2, Government Records Access and Management Act.
(4) The division is responsible for:
(a) establishing and maintaining the website, with the technical assistance of the Division of Technology Services, including the provision of equipment, resources, and personnel as necessary;
(b) providing a mechanism for governmental entities to gain access to the website for the purpose of posting, modifying, and maintaining records; and
(c) maintaining an archive of all records posted to the website.
(5) The timing for posting and the content of records posted to the website is the responsibility of the governmental entity posting the record.
Enacted by Chapter 84, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 12 - Division of Archives and Records Service and Management of Government Records › Part 1 - General Provisions › Section 115 - Privacy annotation for records series -- Requirements -- Content.

Effective 5/3/2023
63A-12-115.
Privacy annotation for records series -- Requirements -- Content.
(1)
(a) Before January 1, 2026, an executive branch agency shall, for each record series that the executive branch agency collects, maintains, or uses, evaluate the record series and make a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection 63A-12-104(2)(e).
(b) Beginning on January 1, 2026, an executive branch agency may not collect, maintain, or use personal identifying information unless the record series for which the personal identifying information is collected, maintained, or used includes a privacy annotation that completely and accurately complies with Subsection (2) and the rules described in Subsection 63A-12-104(2)(e).
(2) A privacy annotation shall include the following:
(a) if the record series does not include personal identifying information, a statement indicating that the record series does not include personal identifying information;
(b) if the record series includes personal identifying information:
(i) an inventory of the personal identifying information included in the record series; and
(ii) for the personal identifying information described in Subsection (2)(b)(i):
(A) the purpose for which the executive branch agency collects, keeps, or uses the personal identifying information;
(B) a citation to the executive branch agency's legal authority for collecting, keeping, or using the personal identifying information; and
(C) any other information required by state archives by rule under Subsection 63A-12-104(2)(e).
Enacted by Chapter 173, 2023 General Session