SALT LAKE CITY — State lawmakers have passed a bill that would take away the public's right to recoup legal fees whenever they must go to court to obtain public records improperly withheld by the government.
Members of the public never had an opportunity to testify for or against the lastest version of legislation. That's because the provision related to legal fees was tacked onto an already existing bill that had already passed through a committee. Public comment is only required in committee. Substitute bills are not required to start over in committee.
In fact, one state senator said they didn't notice changes to the bill and thus voted in favor of it before realizing it was "bad" policy.
House Bill 69 will still allow the public to get attorney fees if they can prove the government acted in bad faith.
"By requiring bad faith, it makes it a very high burden to show," said Rep. Andrew Stoddard (D-Sandy). "What we’re going to do is discourage people from bringing these records requests and litigating them. Obviously, attorneys are very overpriced and these types of things cost a lot of money."
"We are responsible for taxpayer dollars," said Rep. Stephanie Gricius (R-Eagle Mountain). "It's just not judicious to be handing those (dollars) out every time we lose a case."
The bill originally passed through the House unanimously. With the substitute, it passed through the House by a vote of 54-18.
Rachel Terry, the Utah Director of Risk Management, says records cases have been litigated more often over the past three years, which is costing the state a lot of money. Last year, the Utah Attorney General's Office paid $132,241 after trying and failing to withhold the calendar of Utah Attorney General Sean Reyes.
Citizens and taxpayer watchdog groups who spoke at a hearing on Tuesday blamed the increased litigation on a lack of government transparency. They believe agencies are withholding too many records and then doubling down to fight losing battles in court.
The bill now awaits the signature of Governor Spencer Cox.
