GRAMA bill heads to House

A legislative proposal that would place new limits on public access to government records passed favorably out of a committee hearing Monday and is headed for debate on the House floor.

HB122, sponsored by Rep. Douglas Aagard, R-Kaysville, would designate certain documents that relate to "pending or anticipated litigation" off-limits from access via the Government Records Access Management Act. The new rule overturns a basic of the GRAMA laws, which calls for applying a balancing test to the decision of releasing requested documents. The test weighs the importance of protection against the rights of public access.

Attorney Jeff Hunt of the Utah Media Coalition, who was involved in crafting Utah's GRAMA code, characterized the bill as an erosion of the public's right to due process in records access efforts, a factor that was intentionally built in to the current statutes. The Deseret News is a member of the coalition and also has retained lobbyists to help fight the bill.

"It was a very long and involved process, balancing the public's right to know and law enforcement interests," Hunt said. "As part of that balance, we crafted a statute that had a balancing test. What we're concerned about is the attorney general wants to keep it's court option for review … a court can still order information not to be released, but they want to really gut the ability of the public to challenge a classification."

Assistant Utah Attorney General Patrick Nolan, who testified in support of HB122, said the new law would not eliminate the public's right to appeal records requests, but it would protect records in eight areas from being "reclassified" from protected to accessible on appeal.

Hunt said the areas designated as off-limits for status change via appeal under provisions of the Aagard bill are the very ones that affect the public interest most profoundly.

"That's a category of records that is very, very broad," Hunt said. "That's where government power is being exercised in a very significant manner."

The House Law Enforcement and Criminal Justice Standing Committee passed out HB122 on a party-line vote with three present Democratic members opposing the proposed legislation.

E-MAIL: araymond@desnews.com