Estimated read time: 3-4 minutes
- Utah lawmakers are considering changes to GRAMA, which could affect public access to government records.
- Bills like SB64 propose extending response times and making record destruction a crime.
- Concerns are rising over education records exemptions and potential transparency reductions.
SALT LAKE CITY — Utah lawmakers are weighing proposals that could change how the public accesses government records under the Government Records Access and Management Act, known as GRAMA.
The KSL Investigators are closely tracking every bill that could affect government transparency and public access to records.
SB64
SB64 would require government employees to receive a summary of GRAMA requirements and would make it a crime to destroy a record with the intent to avoid disclosure. The bill also extends the standard response time for records requests from 10 to 15 business days.
In addition, it gives the State Records Office director up to 90 days to hold an appeals hearing, an increase from the current 64‑day window. This comes after lawmakers said their decision last year to move away from the popular State Records Committee to a system allowing one administrative law judge to decide appeals was intended to increase efficiency.
Sen. Wayne Harper, R‑Taylorsville, the bill's sponsor, said the proposal reflects compromises from negotiations that occurred last year and over the summer.
"I want to make sure that they do get the records, and the records that they get are exactly what they request," he said.
Concerns from transparency advocates
First Amendment attorney Jeff Hunt, who helped write GRAMA, said the bill includes positive elements but also raises concerns. He pointed to language involving education records which exempts some records from GRAMA, instead deferring to a federal records law.
Harper said that provision was meant to apply only to higher education, but Hunt worries the current language could be interpreted broadly enough to be used to keep a wide range of documents secret.
Hunt noted that lawmakers revisit GRAMA nearly every year.
"The problem is most of the bills are seeking to create new exceptions to public records," he said. "I'd really like to see the Legislature make government more open and transparent."
Hunt said he is hopeful Harper will consider adjustments to SB64 as it moves through the Legislature.
Harper said he's open to hearing from stakeholders, telling KSL, "I need to make sure I've got input from everybody and that we're addressing all the issues in the right fashion."
HB186
Another proposal, HB186, would ensure that investigatory records held by the Judicial Conduct Commission remain protected from public disclosure.
During a hearing on Friday, Rep. Jordan Teuscher, R‑South Jordan, said the measure simply clarifies existing practice.
"The records currently held by the JCC are protected from GRAMA. This is simply clarifying it in the statute," he said.
Teuscher emphasized that findings of judicial misconduct would remain public.
What's next
In 2025, lawmakers approved a last‑minute change to GRAMA that makes it nearly impossible for citizens to recover attorney fees even when a court rules that a government agency wrongly withheld public records, a shift adopted without any opportunity for public input.
Hunt said he hopes lawmakers will reverse that change this year.
"If you had to take government to court to get access to a public record, you shouldn't have to pay for that," said Hunt. "The government should have to pay for that."
The KSL Investigators will continue tracking legislation that affects government transparency throughout the session.
