A draft bill was circulated Tuesday among legislative task force members considering amendments to the state's open records law. The proposal would exempt from public scrutiny internal memos written by legislators or their staff or documents that do not "establish policy."
The legislation also would narrow the definition of a government record. Currently, most documents received or retained by government agencies are subject to the state's Government Records Access and Management Act. The draft bill tacks on another requirement before a record could be considered public: Its content must show some "connection with the conduct of public business."
Lawmakers are debating the merits of charging fees that would allow local and state governments to actually make money on public records and changing the law to streamline the public record-keeping process.
Some of their ideas are raising concerns among county recorders and open government advocates alike.
The bill released this week - the first of three the task force could send on to the 2006 Legislature - is meant to filter e-mail and other electronic communication, separating public records from private. Legislators currently do not treat their e-mails as public records.
Sen. Dave Thomas, R-South Weber, said the task force is trying to apply a standard for government records based on "public policy" content.
"We're trying to put together a policy that does not preclude [the public] obtaining e-mails," he said.
Brigham Young University journalism professor Joel Campbell questions whether that would really be the effect of the legislation. Campbell wondered whether the media would have been able to report about Salt Lake City Mayor Rocky Anderson's e-mails urging peace activists to protest President Bush's recent speech before the Veterans of Foreign Wars.
"Would that be considered a public record?" asked Campbell, who represents the Utah Press Association.
Lawmakers had no immediate answer.
Task force members are scheduled to vote on the legislation at a meeting in October.


