63A-12-102.5. Preservation of legislative records.

829 words·~4 min read·/ut/title-63a/chapter-12/63a-12-102-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/15/2023

(1)As used in this section:

(a)"Historical legislative record" means a permanent legislative record or a supplemental legislative record that a legislative office transmitted to the state archivist before March 3, 2023, for retention and preservation.

(b)"Legislative office" means:

(i)the Senate, the House of Representatives, or a staff office of the Legislature; or

(ii)as applicable, a body designated by the Legislative Management Committee to be responsible for:

(A)the retention of a legislative record; or

(B)the transmission of a legislative record to the division, as provided in this section, if the body chooses to transmit the legislative record to the division.

(c)"Legislative retention schedule" means the retention schedule attached as Appendix A to the Legislative Management Committee Policy L. Legislative Records.

(d)"Permanent legislative record" means:

(i)a joint proclamation issued by the president of the Senate and the speaker of the House of Representatives convening a session of the Legislature under Article VI, Section 2 of the Utah Constitution;

(ii)a session journal of the Senate or House of Representatives;

(iii)a recording of Senate or House of Representatives floor proceedings;

(iv)a numbered bill or resolution of the Senate or House of Representatives, including:

(A)a public substitute or amendment;

(B)a fiscal note or other information required to accompany a numbered bill or resolution; and

(C)an enrolled bill or resolution;

(v)an introduced article of impeachment or amendment to an article of impeachment;

(vi)as prepared by the Legislature and provided to the public, a list of actions taken on legislation during a legislative session or descriptions of the status of legislation considered during a legislative session;

(vii)a notice, agenda, handout or other public meeting material, recording, or minutes of the Legislative Management Committee, Executive Appropriations Committee, standing and interim committees of the Legislature, appropriations subcommittees of the Legislature, audit subcommittees of the Legislature, and other legislative committees, task forces, or commissions, excluding a rules or sifting committee of the Legislature;

(viii)a statutorily required budget or appropriations report;

(ix)an audit or review report of the Office of the Legislative Auditor General and a record that supports the conclusions and findings of the audit or review report;

(x)a version of the Utah Code after the Office of Legislative Research and General Counsel prepares an updated Utah Code database incorporating any duly enacted legislation making changes to the Utah Code;

(xi)the Laws of Utah;

(xii)a biennial version of the Utah Constitution after the Office of Legislative Research and General Counsel incorporates into the Utah Constitution amendments that passed during the preceding regular general election; or

(xiii)a notice of appeal under Section 63G-9-401 relating to a decision of the board of examiners and a record accompanying a notice of appeal.

(e)"Supplemental legislative record" means a legislative record that is not a permanent legislative record.

(2)A legislative office may, but is not required to, transmit a legislative record to the state archivist for retention and preservation as provided in this section.

(a)A legislative office shall consult with the state archivist as the legislative office determines the method and timing of transmitting a legislative record that the legislative office chooses to transmit to the state archivist for the state archivist's retention and preservation as provided in this section.

(b)The transmission of a digital copy of a legislative record is sufficient for purposes of the transmission of the legislative record to the state archivist.

(a)A legislative record that a legislative office transmits to the state archivist for retention and preservation remains in the control and legal custody of the legislative office and, although retained and preserved by the state archivist, does not become subject to the control or legal custody of the state archivist.

(b)The state archivist shall allow a legislative office full and continuing access to any legislative record transmitted to the state archivist for retention and preservation under this section.

(a)The state archivist may not disclose a supplemental legislative record without the prior written consent of the legislative office that transmitted the supplemental legislative record to the state archivist.

(b)If the state archivist receives a subpoena or other request for a supplemental legislative record, the state archivist shall immediately provide written notice of the subpoena or other request to:

(i)the legislative office that transmitted the supplemental legislative record to the state archivist; and

(ii)legislative general counsel.

(6)The state archivist shall:

(a)permanently retain and preserve a historical legislative record;

(b)permanently retain and preserve a permanent legislative record that a legislative office chooses to transmit to the state archivist after March 3, 2023; and

(c)retain and preserve, according to the legislative retention schedule, a supplemental legislative record that a legislative office chooses to transmit to the state archivist for retention and preservation after March 3, 2023.

Enacted by Chapter 291 , 2023 General Session