Utah Code 63A-12-102.5. Preservation of legislative records
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 63A-12-102.5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Division: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Record: means :(2)(e)(i) the same as that term is defined in Section 63G-2-103; or(2)(e)(ii) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102, the release of which is governed by Section 77-37-4. See Utah Code 63A-12-100.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(1)(a) “Historical legislative record” means a permanent legislative record or a supplemental legislative record that a legislative office transmitted to the state archivist before March 3, 2023, for retention and preservation.(1)(b) “Legislative office” means:(1)(b)(i) the Senate, the House of Representatives, or a staff office of the Legislature; or(1)(b)(ii) as applicable, a body designated by the Legislative Management Committee to be responsible for:(1)(b)(ii)(A) the retention of a legislative record; or(1)(b)(ii)(B) the transmission of a legislative record to the division, as provided in this section, if the body chooses to transmit the legislative record to the division.(1)(c) “Legislative retention schedule” means the retention schedule attached as Appendix A to the Legislative Management Committee Policy L. Legislative Records.(1)(d) “Permanent legislative record” means:(1)(d)(i) a joint proclamation issued by the president of the Senate and the speaker of the House of Representatives convening a session of the Legislature under Article VI, Section 2 of the Utah Constitution;(1)(d)(ii) a session journal of the Senate or House of Representatives;(1)(d)(iii) a recording of Senate or House of Representatives floor proceedings;(1)(d)(iv) a numbered bill or resolution of the Senate or House of Representatives, including:(1)(d)(iv)(A) a public substitute or amendment;(1)(d)(iv)(B) a fiscal note or other information required to accompany a numbered bill or resolution; and(1)(d)(iv)(C) an enrolled bill or resolution;(1)(d)(v) an introduced article of impeachment or amendment to an article of impeachment;(1)(d)(vi) as prepared by the Legislature and provided to the public, a list of actions taken on legislation during a legislative session or descriptions of the status of legislation considered during a legislative session;(1)(d)(vii) a notice, agenda, handout or other public meeting material, recording, or minutes of the Legislative Management Committee, Executive Appropriations Committee, standing and interim committees of the Legislature, appropriations subcommittees of the Legislature, audit subcommittees of the Legislature, and other legislative committees, task forces, or commissions, excluding a rules or sifting committee of the Legislature;(1)(d)(viii) a statutorily required budget or appropriations report;(1)(d)(ix) an audit or review report of the Office of the Legislative Auditor General and a record that supports the conclusions and findings of the audit or review report;(1)(d)(x) a version of the Utah Code after the Office of Legislative Research and General Counsel prepares an updated Utah Code database incorporating any duly enacted legislation making changes to the Utah Code;(1)(d)(xi) the Laws of Utah;(1)(d)(xii) a biennial version of the Utah Constitution after the Office of Legislative Research and General Counsel incorporates into the Utah Constitution amendments that passed during the preceding regular general election; or(1)(d)(xiii) a notice of appeal under Section 63G-9-401 relating to a decision of the board of examiners and a record accompanying a notice of appeal.(1)(e) “Supplemental legislative record” means a legislative record that is not a permanent legislative record.(2) A legislative office may, but is not required to, transmit a legislative record to the state archivist for retention and preservation as provided in this section.(3)(3)(a) A legislative office shall consult with the state archivist as the legislative office determines the method and timing of transmitting a legislative record that the legislative office chooses to transmit to the state archivist for the state archivist’s retention and preservation as provided in this section.(3)(b) The transmission of a digital copy of a legislative record is sufficient for purposes of the transmission of the legislative record to the state archivist.(4)(4)(a) A legislative record that a legislative office transmits to the state archivist for retention and preservation remains in the control and legal custody of the legislative office and, although retained and preserved by the state archivist, does not become subject to the control or legal custody of the state archivist.(4)(b) The state archivist shall allow a legislative office full and continuing access to any legislative record transmitted to the state archivist for retention and preservation under this section.(5)(5)(a) The state archivist may not disclose a supplemental legislative record without the prior written consent of the legislative office that transmitted the supplemental legislative record to the state archivist.(5)(b) If the state archivist receives a subpoena or other request for a supplemental legislative record, the state archivist shall immediately provide written notice of the subpoena or other request to:(5)(b)(i) the legislative office that transmitted the supplemental legislative record to the state archivist; and(5)(b)(ii) legislative general counsel.(6) The state archivist shall:(6)(a) permanently retain and preserve a historical legislative record;(6)(b) permanently retain and preserve a permanent legislative record that a legislative office chooses to transmit to the state archivist after March 3, 2023; and(6)(c) retain and preserve, according to the legislative retention schedule, a supplemental legislative record that a legislative office chooses to transmit to the state archivist for retention and preservation after March 3, 2023.