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UTAH STATUTES AND CODES
63A-12-105 - Records are property of the state -- Disposition -- Penalties for intentional mutilation or destruction.
63A-12-105. Records are property of the state -- Disposition -- Penalties forintentional mutilation or destruction.
(1) All records created or maintained by a state governmental entity are the property ofthe state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole orpart, except as provided in this chapter and Title 63G, Chapter 2, Government Records Accessand Management Act.
(2) (a) Except as provided in Subsection (2)(b), all records created or maintained by apolitical subdivision of the state are the property of the state and shall not be mutilated,destroyed, or otherwise damaged or disposed of, in whole or in part, except as provided in thischapter and Title 63G, Chapter 2, Government Records Access and Management Act.
(b) Records which constitute a valuable intellectual property shall be the property of thepolitical subdivision.
(c) The state archives may, upon request from a political subdivision, take custody of anyrecord series of the political subdivision. A political subdivision which no longer wishes tomaintain custody of a record which must be retained under the political subdivision's retentionschedule or the state archive's retention schedule shall transfer it to the state archives forsafekeeping and management.
(3) (a) It is unlawful for a person to intentionally mutilate, destroy, or to otherwisedamage or dispose of the record copy of a record knowing that the mutilation, destruction,damage, or disposal is in contravention of:
(i) a governmental entity's properly adopted retention schedule; or
(ii) if no retention schedule has been properly adopted by the governmental entity, themodel retention schedule, as provided in Section 63G-2-604.
(b) Violation of this Subsection (3) is a class B misdemeanor.
(c) An employee of a governmental entity that violates this Subsection (3) may be subjectto disciplinary action as provided under Section 63G-2-804.
(1) All records created or maintained by a state governmental entity are the property ofthe state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole orpart, except as provided in this chapter and Title 63G, Chapter 2, Government Records Accessand Management Act.
(2) (a) Except as provided in Subsection (2)(b), all records created or maintained by apolitical subdivision of the state are the property of the state and shall not be mutilated,destroyed, or otherwise damaged or disposed of, in whole or in part, except as provided in thischapter and Title 63G, Chapter 2, Government Records Access and Management Act.
(b) Records which constitute a valuable intellectual property shall be the property of thepolitical subdivision.
(c) The state archives may, upon request from a political subdivision, take custody of anyrecord series of the political subdivision. A political subdivision which no longer wishes tomaintain custody of a record which must be retained under the political subdivision's retentionschedule or the state archive's retention schedule shall transfer it to the state archives forsafekeeping and management.
(3) (a) It is unlawful for a person to intentionally mutilate, destroy, or to otherwisedamage or dispose of the record copy of a record knowing that the mutilation, destruction,damage, or disposal is in contravention of:
(i) a governmental entity's properly adopted retention schedule; or
(ii) if no retention schedule has been properly adopted by the governmental entity, themodel retention schedule, as provided in Section 63G-2-604.
(b) Violation of this Subsection (3) is a class B misdemeanor.
(c) An employee of a governmental entity that violates this Subsection (3) may be subjectto disciplinary action as provided under Section 63G-2-804.
Amended by Chapter 44, 2009 General Session
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