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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 2. Table of Contents]
63-2-501 State Records Committee created - Membership - Terms - Vacancies - Expenses.
(1) There is created the State Records Committee within the Department of Administrative Services to consist of the following seven individuals:
(a) an individual in the private sector whose profession requires him to create or manage records that if created by a governmental entity would be private or controlled;
(b) the state auditor or the auditor's designee;
(c) the director of the Division of State History or the director's designee;
(d) the governor or the governor's designee;
(e) one citizen member;
(f) one elected official representing political subdivisions; and
(g) one individual representing the news media.
(2) The members specified in Subsections (1)(a), (e), (f), and (g) shall be appointed by the governor with the consent of the Senate.
(3) (a) Except as required by Subsection (3)(b), as terms of current committee members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(c) Each appointed member is eligible for reappointment for one additional term.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per
diem and expenses for their service.
2003
63-2-502 State Records Committee - Duties.
(1) The records committee shall:
(a) meet at least once every three months;
(b) review and approve retention and disposal of records;
(c) hear appeals from determinations of access as provided by Section 63-2-403 ; and
(d) appoint a chairman from among its members.
(2) The records committee may:
(a) make rules to govern its own proceedings as provided by Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
(b) by order, after notice and hearing, reassign classification and designation for any record series by a governmental entity if the governmental entity's classification or designation is inconsistent with this chapter.
(3) The records committee shall annually appoint an executive secretary to the records committee. The executive secretary may not serve as a voting member of the committee.
(4) Five members of the records committee are a quorum for the transaction of business.
(5) The state archives shall provide staff and support services for the records committee.
(6) Unless otherwise reimbursed, the citizen member, the individual in the private sector, and the representative of the news media shall receive a per diem as established by the Division of Finance in Section 63A-3-106 .
(7) If the records committee reassigns the classification or designation of a record or record series under Subsection (2)(b), any affected governmental entity or any other interested person may appeal the reclassification or redesignation to the district court. The district court shall hear the matter de novo.
(8) The Office of the Attorney General shall provide counsel
to the records committee and shall review proposed retention
schedules.
1995
