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House approves GRAMA reform package after extended debate over "vexatious requester" rules

March 03, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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House approves GRAMA reform package after extended debate over "vexatious requester" rules
Representative Loubay presented Substitute Senate Bill 231, amendments to the Government Records Access and Management Act (GRAMA). "GRAMMA stands for the Government Records Access and Management Act," Loubay said, and summarized several changes: clarifying that an entity need not create a record that says it has no record, requiring a reasonable search standard, and creating a process and remedies for vexatious requesters.

Members asked detailed questions about the bill's practical effects. Representative Daley-Provost asked whether the bill's deadline language (including a seven-day response requirement referenced in floor questions) was reasonable; the sponsor replied that the timing was negotiated with agencies, the drafting attorney, the Media Coalition and the Attorney General and was consistent with other statutory deadlines. Representative Lyman asked about remedies for someone deemed a vexatious requester; Loubay said the bill establishes an administrative process and preserves judicial review and appeal to district court.

Several members also questioned a provision that appeared to treat the governor and lieutenant governor differently on certain applicability points. Representative Thurston said he was uneasy about a carve-out for constitutional officers; the sponsor said the change was intended to provide flexibility in limited circumstances but that "the vast majority of the stuff that they have to do and comply with are the same as any other governmental entity."

Supporters framed the bill as a negotiated compromise between the Media Coalition and the Attorney General's Office. Representative Loubay said the changes strike a balance between protecting requesters' rights and preventing cost-and-time burdens on governmental entities.

After extended questioning and summation, the House adopted the substitute and passed the bill for return to the Senate. The floor record shows the House voted to pass the substitute to proceed (final vote recorded later in the day's calendar for the related items).

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