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Senate passes GRAMA amendments after working-group negotiations

Utah State Senate · February 23, 2012
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Summary

Senators approved first substitute SB 177 to change GRAMA balancing rules, add a state records ombudsman and require records-officer training; sponsors said the text reflects a negotiated working-group compromise with media and other stakeholders.

Senator Bramble presented first substitute SB 177, a package of changes to the Government Records Access and Management Act (GRAMA) developed by a gubernatorial working group. The substitute aligns the statute—s balancing test with the preamble—s intent language, requires online training for records officers statewide, and creates a state records ombudsman.

The sponsor said the bill narrows the default of what is a public record so that communications are public only when they deal with an official—s official capacity or the public—s business. The substitute also adds the term "imminent" litigation alongside "pending" litigation to avoid using GRAMA as a substitute for discovery. Bramble said stakeholders including the media coalition, attorneys, and local officials contributed to the draft.

Supporters argued the substitute strengthens transparency while protecting officials from frivolous complaints; senators voted to place the bill on the third reading calendar after a recorded vote that showed the substitute receiving 26 votes with three absentees.