As Utah lawmakers move into the last week of the 2025 legislative session, three bills that would affect the public’s access to government records are moving through the chambers.
These bills would alter the Government Records Access and Management Act (GRAMA), which works to ensure government transparency by allowing the public to request and obtain government records.
One of these bills, House Bill 69, has cleared the legislature and is now being enrolled for final review before reaching the governor’s desk. This bill changes what happens after a GRAMA request is denied. While a denial can still be appealed, HB 69 could require the individual challenging a denial in court to take on the government’s legal fees. This added financial burden could deter the public from appealing a denial and obtaining the requested records.
A second bill, Senate Bill 277, passed in the Senate last week and moved on to the House. This bill would dismantle the State Records Committee – the body that reviews appeals when a records request is denied. The committee consists of seven appointees, who offer a range of perspectives when considering an appeal. SB 277 would replace this committee with just one government-appointed attorney, who would have sole authority over records disputes.
This bill would also eliminate the “balancing test,” which weighs the public interest in disclosing a record against the government’s interest in keeping it confidential. With the balancing test removed, agencies would have clearer guidelines for which records can and cannot be released. But it would also mean the benefit to the public would no longer be taken into consideration when deciding whether or not to release records.
Proponents of these bills argue they would streamline the decision-making process. On the other hand, critics say these bills would reduce government transparency and grant too much discretion to government officials, making it difficult to hold them accountable.
But a third bill, Senate Bill 163, instead aims to increase government transparency. This bill would introduce clarifying definitions of GRAMA-related language, require government entities to train employees on public records laws, and standardize policies across the board. SB 163 would also introduce criminal penalties for the intentional destruction of records to avoid disclosure in response to requests.
SB 163 passed in the Senate last week and has now moved on to the House.
