The Capitol in Salt Lake City is pictured at dusk on the last night of the legislative session, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch)
The Utah Legislature won an award for the past few years of work, culminating in the 2025 General Session, although it’s not something most lawmakers will likely be proud of.
On Friday, the Society of Professional Journalists awarded the Utah Legislature its annual Black Hole award for passing a pair of laws that revamp the way public records requests are appealed in the state. The announcement comes at the end of Sunshine Week, set aside each year to highlight the importance of public records and open government.
Given out each year by the Society of Professional Journalists, the nation’s oldest journalism organization, the Black Hole Award highlights “the most heinous violations of the public’s right to know.” That includes governments repealing or curtailing open-records laws, or officials or agencies that go to “egregious” lengths to hide information. The award’s criteria states that Black Hole award should go toward a policy or action that impacts the public at large.
It’s kind of like winning a Razzie, the annual parody award given out to the worst movie of the year. The 2025 Razzie award went to Francis Ford Coppala’s “Megalopolis” — the 2025 Black Hole award went to the Utah Legislature.
The two bills in question are SB277, which eliminates the State Records Committee, replacing it with an attorney who will review appeals to records requests that have been denied — and HB69, which makes it difficult for people who challenge the government over public records denials to recoup their attorney fees.
The bills have not yet been signed by Utah Gov. Spencer Cox; however, on Thursday he said he intends to give them both a green light.
“I think it’s best for the state, I think it’s best for state government, I think it’s best for the people,” Cox said during his monthly news conference with PBS Utah.
The laws come on the heels of several other policies from the Legislature to curtail transparency that the Society of Professional Journalists said factored into the award. That includes a 2022 law that prevents the release of Garrity statements — compelled testimony from public employees used in an internal investigation, but not intended for criminal proceedings.
And in 2023, the Legislature passed a law that makes the digital calendar of a public official a protected record, which coincided with attempts from KSL-TV investigators to request the schedule of former Attorney General Sean Reyes, who faced criticism over his friendship with embattled anti-trafficking activist Tim Ballard.
“These actions convey a clear disregard for transparency and pave the way for unchecked government actions,” said Jodi Rave Spotted Bear, who chairs the Society of Professional Journalists’ Freedom of Information Committee.
Notably, this is the second time the Utah Legislature has been saddled with the Black Hole Award. It received the inaugural award in 2011, along with then-Gov. Gary Herbert, for dismantling the state’s Government Records Access and Management Act, or GRAMA. After loud public outcry, the bill was repealed in a special session.
Replacing the State Records Committee with a government records director
Sponsored by Sen. Mike McKell, R-Spanish Fork, SB277 will replace the State Records Committee — the body that decides which government records should be released to the public — with a paid, governor-appointed attorney.
The bill was opposed by most Democrats and a handful of Republicans, passing the Senate with a 21-8 vote and the House with a 44-23 vote.
Now, if a records request, and subsequent appeal, is denied, any further appeals would go before the director of the Utah Government Records Office, created under the bill.
The director would serve a four-year term, and could be removed by the governor but only for cause, which means they would have to violate a stated policy.
McKell, the Senate’s majority assistant whip, said the bill will make the appeal process more efficient, eliminating the backlog of requests. Cox echoed that sentiment on Thursday.
“We have about a four- to six-month backlog, often, when it comes to these issues going before the board. What we’re doing is we’re putting in an administrative law judge, someone who understands the law and can rule very quickly on these issues. That’s going to help all of you not have to wait for these decisions,” he told reporters on Thursday. “We’re always trying to make sure we have the right balance in government and I think these bills do that.”
McKell also claimed the records committee sometimes makes decisions that go beyond their legal expertise.
“They are tasked with quasi-judicial decisions,” McKell said during the legislative session, “not one is required to have a legal background or law degree.”
Opposition to the bill spanned the political spectrum, with representatives from the Eagle Forum to Mormon Women for Ethical Government to the Utah League of Women Voters speaking against it. Critics worry that it could lead to less transparency, while consolidating too much power under the governor.
“Utah’s seven-member State Records Committee, representing diverse experience and perspectives, was ideally suited to look out for the public interest in free information. Replacing that committee with a governor’s appointee can only reduce accountability and undermine public confidence in government,” said Howard Goldberg, a retired Associated Press bureau chief, in a statement. Goldberg also sits on the SPJ’s Freedom of Information Committee.
A high bar to recoup attorney fees
Sponsored by Rep. Stephanie Gricius, R-Eagle Mountain, HB69 started out as a bill to protect voting information — it classifies records related to the return of ballots as protected, and prohibits a government official from accessing or using government records that are outside of that official’s duties, including how someone voted.
The bill initially sailed through the House and Senate with little controversy.
However, on final passage in the Senate, it was amended to include a new provision related to attorney fees. By then, the bill had already passed both Senate and House committees, which is when the public is given a chance to comment on the bill. So, essentially, the amendment received little debate among lawmakers and no public comment.
Now, if someone challenges the denial of public records in court, and wins, they can only recoup their attorney fees if they can prove the government acted in bad faith when the records were initially denied.
That’s a very high bar, critics warn, which will have a chilling effect on private citizens who seek to appeal the denial of a records request. Unless the records request comes from an organization or individual with deep pockets, it will be financially difficult for most people to take a government to court over a denial.
“Together with SB277, this makes it harder for individuals and organizations with limited resources to access withheld records,” the Society of Professional Journalists said in a news release Friday.
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