63G-2-103 - Definitions.
63G-2-103. Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records forthe purpose of determining the fair presentation of financial statements, adequacy of internalcontrols, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose ofdetermining their effectiveness, economy, efficiency, and compliance with statutes andregulations.
(2) "Chronological logs" mean the regular and customary summary records of lawenforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether arecord series, record, or information within a record is public, private, controlled, protected, orexempt from disclosure under Subsection 63G-2-201(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer systemin a manner designed to provide storage, retrieval, and manipulation of data from the computersystem; and
(ii) any associated documentation and source material that explain how to operate thecomputer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced byuse of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematicalalgorithms contained in the program, that would be used if the manipulated forms of the originaldata were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or servicesdirectly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlledas provided by Section 63G-2-304.
(7) "Designation," "designate," and their derivative forms mean indicating, based on agovernmental entity's familiarity with a record series or based on a governmental entity's reviewof a reasonable sample of a record series, the primary classification that a majority of records in arecord series would be given if classified and the classification that other records typicallypresent in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,municipal office, school board or school district office, local district office, or special servicedistrict office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of thecompound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenantgovernor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, theBoard of Examiners, the National Guard, the Career Service Review Board, the State Board ofEducation, the State Board of Regents, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative FiscalAnalyst, Office of Legislative Research and General Counsel, the Legislature, and legislativecommittees, except any political party, group, caucus, or rules or sifting committee of theLegislature;
(iii) courts, the Judicial Council, the Office of the Court Administrator, and similaradministrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted anordinance or a policy relating to information practices pursuant to Section 63G-2-701, thischapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or asspecified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means every office, agency, board, bureau, committee,department, advisory board, or commission of an entity listed in Subsection (11)(a) that is fundedor established by the government to carry out the public's business.
(12) "Gross compensation" means every form of remuneration payable for a given periodto an individual for services provided including salaries, commissions, vacation pay, severancepay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefitreceived from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, howevertitled, prepared by peace officers engaged in public patrol or response duties describing officialactions initially taken in response to either a public complaint about or the discovery of anapparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to theincident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested orcharged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, orprosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared afterthe initial contact report. However, if the information specified in Subsection (14)(a) appears infollow-up or investigative reports, it may only be treated confidentially if it is private, controlled,protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entityhas complied with a records committee order.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity toprovide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private asprovided by Section 63G-2-302.
(20) "Protected record" means a record that is classified protected as provided by Section63G-2-305.
(21) "Public record" means a record that is not private, controlled, or protected and thatis not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
(22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,card, tape, recording, electronic data, or other documentary material regardless of physical formor characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or politicalsubdivision; and
(ii) where all of the information in the original is reproducible by photocopy or othermechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee orofficer of a governmental entity in the employee's or officer's private capacity;
(ii) a temporary draft or similar material prepared for the originator's personal use orprepared by the originator for the personal use of an individual for whom the originator isworking;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless thecopyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or anofficial or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections ofa library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collectionsof a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the originator'spersonal use or for the personal use of an individual for whom the originator is working;
(x) a computer program that is developed or purchased by or for any governmental entityfor its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body charged by law with performing a quasi-judicialfunction;
(xii) a telephone number or similar code used to access a mobile communication devicethat is used by an employee or officer of a governmental entity, provided that the employee orofficer of the governmental entity has designated at least one business telephone number that is apublic record as provided in Section 63G-2-301;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,created in Section 49-20-103, to a county to enable the county to calculate the amount to be paidto a health care provider under Subsection 17-50-319(2)(e)(ii); or
(xiv) information that an owner of unimproved property provides to a local entity asprovided in Section 11-42-205.
(23) "Record series" means a group of records that may be treated as a unit for purposesof designation, description, management, or disposition.
(24) "Records committee" means the State Records Committee created in Section63G-2-501.
(25) "Records officer" means the individual appointed by the chief administrative officerof each governmental entity, or the political subdivision to work with state archives in the care,maintenance, scheduling, designation, classification, disposal, and preservation of records.
(26) "Schedule," "scheduling," and their derivative forms mean the process of specifyingthe length of time each record series should be retained by a governmental entity foradministrative, legal, fiscal, or historical purposes and when each record series should betransferred to the state archives or destroyed.
(27) "Sponsored research" means research, training, and other sponsored activities asdefined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section53B-1-102; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system ofhigher education; or
(ii) federal, state, or local governmental entity.
(28) "State archives" means the Division of Archives and Records Service created inSection 63A-12-101.
(29) "State archivist" means the director of the state archives.
(30) "Summary data" means statistical records and compilations that contain data derivedfrom private, controlled, or protected information but that do not disclose private, controlled, orprotected information.
Amended by Chapter 366, 2010 General Session