H.B. 357

1

PUBLIC ASSOCIATIONS SUBJECT TO
2 GOVERNMENT RECORDS ACCESS AND
3 MANAGEMENT ACT
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Michael E. Noel
7 Senate Sponsor: Scott K. Jenkins
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Government Records Access and Management Act by clarifying
12 provisions related to access to budget and finance documents of public associations.
13 Highlighted Provisions:
14 This bill:
15 . provides certain definitions;
16 . clarifies that a public association's membership may include governmental entities;
17 and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63-2-1001, as enacted by Laws of Utah 2001, Chapter 254
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 63-2-1001 is amended to read:
29 63-2-1001. Definitions -- Public associations subject to act -- Access to budget and
30 finance documents.
31 (1) As used in this section:
32 (a) "Public association" means any association, organization, or society whose
33 members include elected or appointed public officials or governmental entities and for which
34 public funds are used or paid to the public association for:
35 (i) membership dues; or [for]
36 (ii) other support for the public official's or governmental entity's participation in the
37 public association.
38 (b) (i) "Public funds" means any monies received by a [public] governmental entity
39 from appropriations, taxes, fees, interest, or other returns on investment.
40 (ii) "Public funds" does not include monies donated to a [public] governmental entity
41 by a person or entity.
42 (c) "Public official" has the same meaning as provided under Section 20A-11-1202 .
43 (2) The budget documents and financial statements of a public association shall be
44 released pursuant to a written request as required under Section 63-2-204 if 50% or more of the
45 public association's:
46 (a) (i) members are elected or appointed public officials from this state; [and] or
47 (ii) members are governmental entities operating in this state; and
48 (b) membership dues or other financial support come from public funds from this state.




Legislative Review Note
as of 1-29-08 9:01 AM

Office of Legislative Research and General Counsel