This document includes House Committee Amendments incorporated into the bill on Mon, Mar 9, 2015 at 3:51 PM by jeyring.



Chief Sponsor: Steve Eliason

Senate Sponsor: ____________


8     General Description:
9          This bill creates the Citizens' Customer Satisfaction Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Citizens' Customer Satisfaction Program within the Office of the Utah
14     State Auditor to covertly observe and evaluate state entities;
15          ▸     establishes state auditor responsibilities;
16          ▸     establishes program responsibilities;
17          ▸     establishes reporting requirements;
18          ▸     directs the state auditor to create a repository where certain information created by
19     the program will be made publicly available;
20          ▸     allows the head of certain governmental entities to offer pecuniary incentives for
21     employees who meet performance measures;
22          ▸     designates certain records as private records; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          63G-2-302, as last amended by Laws of Utah 2014, Chapter 373
31     ENACTS:
32          67-3-201, Utah Code Annotated 1953
33          67-3-202, Utah Code Annotated 1953
34          67-3-203, Utah Code Annotated 1953
35          67-3-204, Utah Code Annotated 1953
36          67-3-205, Utah Code Annotated 1953
37          67-3-206, Utah Code Annotated 1953
39          67-3-101, (Renumbered from 67-3-1, as last amended by Laws of Utah 2014, Chapter
40     377)
41          67-3-102, (Renumbered from 67-3-1.5, as renumbered and amended by Laws of Utah
42     2001, Chapter 46)
43          67-3-103, (Renumbered from 67-3-2, Utah Code Annotated 1953)
44          67-3-104, (Renumbered from 67-3-3, Utah Code Annotated 1953)
45          67-3-105, (Renumbered from 67-3-4, Utah Code Annotated 1953)
46          67-3-106, (Renumbered from 67-3-5, as last amended by Laws of Utah 2003, Chapter
47     78)
48          67-3-107, (Renumbered from 67-3-6, as last amended by Laws of Utah 1984, Chapter
49     67)
50          67-3-108, (Renumbered from 67-3-8, as last amended by Laws of Utah 2003, Chapter
51     292)

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 63G-2-302 is amended to read:
55          63G-2-302. Private records.
56          (1) The following records are private:
57          (a) records concerning an individual's eligibility for unemployment insurance benefits,
58     social services, welfare benefits, or the determination of benefit levels;

59          (b) records containing data on individuals describing medical history, diagnosis,
60     condition, treatment, evaluation, or similar medical data;
61          (c) records of publicly funded libraries that when examined alone or with other records
62     identify a patron;
63          (d) records received by or generated by or for:
64          (i) the Independent Legislative Ethics Commission, except for:
65          (A) the commission's summary data report that is required under legislative rule; and
66          (B) any other document that is classified as public under legislative rule; or
67          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
68     unless the record is classified as public under legislative rule;
69          (e) records received by, or generated by or for, the Independent Executive Branch
70     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
71     of Executive Branch Ethics Complaints;
72          (f) records received or generated for a Senate confirmation committee concerning
73     character, professional competence, or physical or mental health of an individual:
74          (i) if, prior to the meeting, the chair of the committee determines release of the records:
75          (A) reasonably could be expected to interfere with the investigation undertaken by the
76     committee; or
77          (B) would create a danger of depriving a person of a right to a fair proceeding or
78     impartial hearing; and
79          (ii) after the meeting, if the meeting was closed to the public;
80          (g) (i) employment records concerning a current or former employee of, or applicant
81     for employment with, a governmental entity that would disclose that individual's home address,
82     home telephone number, Social Security number, insurance coverage, marital status, or payroll
83     deductions;
84          (ii) except as provided in Subsection (4) or 67-3-206(2)(c), the part of a record that
85     reveals the name of an employee, or information that could lead to the identification of an
86     employee, who was covertly observed under the Citizens' Customer Satisfaction Program; or
87          (iii) the part of a record that reveals the name of a person, or information that could
88     lead to the identification of a person, who performed an interaction under the Citizens'
89     Customer Satisfaction Program;

90          (h) records or parts of records under Section 63G-2-303 that a current or former
91     employee identifies as private according to the requirements of that section;
92          (i) that part of a record indicating a person's Social Security number or federal
93     employer identification number if provided under Section 31A-23a-104, 31A-25-202,
94     31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
95          (j) that part of a voter registration record identifying a voter's:
96          (i) driver license or identification card number;
97          (ii) Social Security number, or last four digits of the Social Security number;
98          (iii) email address; or
99          (iv) date of birth;
100          (k) a voter registration record that is classified as a private record by the lieutenant
101     governor or a county clerk under Subsection 20A-2-104(4)(f);
102          (l) a record that:
103          (i) contains information about an individual;
104          (ii) is voluntarily provided by the individual; and
105          (iii) goes into an electronic database that:
106          (A) is designated by and administered under the authority of the Chief Information
107     Officer; and
108          (B) acts as a repository of information about the individual that can be electronically
109     retrieved and used to facilitate the individual's online interaction with a state agency;
110          (m) information provided to the Commissioner of Insurance under:
111          (i) Subsection 31A-23a-115(2)(a);
112          (ii) Subsection 31A-23a-302(3); or
113          (iii) Subsection 31A-26-210(3);
114          (n) information obtained through a criminal background check under Title 11, Chapter
115     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
116          (o) information provided by an offender that is:
117          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
118     Offender Registry; and
119          (ii) not required to be made available to the public under Subsection 77-41-110(4);
120          (p) a statement and any supporting documentation filed with the attorney general in

121     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
122     homeland security;
123          (q) electronic toll collection customer account information received or collected under
124     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
125     collected by a public transit district, including contact and payment information and customer
126     travel data;
127          (r) an email address provided by a military or overseas voter under Section
128     20A-16-501;
129          (s) a completed military-overseas ballot that is electronically transmitted under Title
130     20A, Chapter 16, Uniform Military and Overseas Voters Act;
131          (t) records received by or generated by or for the Political Subdivisions Ethics Review
132     Commission established in Section 11-49-201, except for:
133          (i) the commission's summary data report that is required in Section 11-49-202; and
134          (ii) any other document that is classified as public in accordance with Title 11, Chapter
135     49, Political Subdivisions Ethics Review Commission; and
136          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
137     notified of an incident or threat.
138          (2) The following records are private if properly classified by a governmental entity:
139          (a) records concerning a current or former employee of, or applicant for employment
140     with a governmental entity, including performance evaluations and personal status information
141     such as race, religion, or disabilities, but not including records that are public under Subsection
142     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
143          (b) records describing an individual's finances, except that the following are public:
144          (i) records described in Subsection 63G-2-301(2);
145          (ii) information provided to the governmental entity for the purpose of complying with
146     a financial assurance requirement; or
147          (iii) records that must be disclosed in accordance with another statute;
148          (c) records of independent state agencies if the disclosure of those records would
149     conflict with the fiduciary obligations of the agency;
150          (d) other records containing data on individuals the disclosure of which constitutes a
151     clearly unwarranted invasion of personal privacy;

152          (e) records provided by the United States or by a government entity outside the state
153     that are given with the requirement that the records be managed as private records, if the
154     providing entity states in writing that the record would not be subject to public disclosure if
155     retained by it; and
156          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
157     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
158     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.
159          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
160     records, statements, history, diagnosis, condition, treatment, and evaluation.
161          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
162     doctors, or affiliated entities are not private records or controlled records under Section
163     63G-2-304 when the records are sought:
164          (i) in connection with any legal or administrative proceeding in which the patient's
165     physical, mental, or emotional condition is an element of any claim or defense; or
166          (ii) after a patient's death, in any legal or administrative proceeding in which any party
167     relies upon the condition as an element of the claim or defense.
168          (c) Medical records are subject to production in a legal or administrative proceeding
169     according to state or federal statutes or rules of procedure and evidence as if the medical
170     records were in the possession of a nongovernmental medical care provider.
171          (4) Notwithstanding this Title 63G, Chapter 2, Government Records Access and
172     Management Act, the state auditor may send, in accordance with Subsection 67-3-205(2), the
173     information described in Subsection (1)(g)(ii) to the head of the public service entity that is the
174     subject of the record upon which the name of the individual appears.
175          Section 2. Section 67-3-101, which is renumbered from Section 67-3-1 is renumbered
176     and amended to read:
177          [67-3-1].      67-3-101. Functions and duties.
178          (1) (a) The state auditor is the auditor of public accounts and is independent of any
179     executive or administrative officers of the state.
180          (b) The state auditor is not limited in the selection of personnel or in the determination
181     of the reasonable and necessary expenses of the state auditor's office.
182          (2) The state auditor shall examine and certify annually in respect to each fiscal year,

183     financial statements showing:
184          (a) the condition of the state's finances;
185          (b) the revenues received or accrued;
186          (c) expenditures paid or accrued;
187          (d) the amount of unexpended or unencumbered balances of the appropriations to the
188     agencies, departments, divisions, commissions, and institutions; and
189          (e) the cash balances of the funds in the custody of the state treasurer.
190          (3) (a) The state auditor shall:
191          (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
192     any department of state government or any independent agency or public corporation as the law
193     requires, as the auditor determines is necessary, or upon request of the governor or the
194     Legislature;
195          (ii) perform the audits in accordance with generally accepted auditing standards and
196     other auditing procedures as promulgated by recognized authoritative bodies;
197          (iii) as the auditor determines is necessary, conduct the audits to determine:
198          (A) honesty and integrity in fiscal affairs;
199          (B) accuracy and reliability of financial statements;
200          (C) effectiveness and adequacy of financial controls; and
201          (D) compliance with the law.
202          (b) If any state entity receives federal funding, the state auditor shall ensure that the
203     audit is performed in accordance with federal audit requirements.
204          (c) (i) The costs of the federal compliance portion of the audit may be paid from an
205     appropriation to the state auditor from the General Fund.
206          (ii) If an appropriation is not provided, or if the federal government does not
207     specifically provide for payment of audit costs, the costs of the federal compliance portions of
208     the audit shall be allocated on the basis of the percentage that each state entity's federal funding
209     bears to the total federal funds received by the state.
210          (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
211     funds passed through the state to local governments and to reflect any reduction in audit time
212     obtained through the use of internal auditors working under the direction of the state auditor.
213          (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to

214     financial audits, and as the auditor determines is necessary, conduct performance and special
215     purpose audits, examinations, and reviews of any entity that receives public funds, including a
216     determination of any or all of the following:
217          (i) the honesty and integrity of all its fiscal affairs;
218          (ii) whether [or not] its administrators have faithfully complied with legislative intent;
219          (iii) whether [or not] its operations have been conducted in an efficient, effective, and
220     cost-efficient manner;
221          (iv) whether [or not] its programs have been effective in accomplishing the intended
222     objectives; and
223          (v) whether [or not] its management, control, and information systems are adequate,
224     effective, and secure.
225          (b) The auditor may not conduct performance and special purpose audits,
226     examinations, and reviews of any entity that receives public funds if the entity:
227          (i) has an elected auditor; and
228          (ii) has, within the entity's last budget year, had its financial statements or performance
229     formally reviewed by another outside auditor.
230          (5) The state auditor shall administer any oath or affirmation necessary to the
231     performance of the duties of the auditor's office, and may subpoena witnesses and documents,
232     whether electronic or otherwise, and examine into any matter that the auditor considers
233     necessary.
234          (6) The state auditor may require all persons who have had the disposition or
235     management of any property of this state or its political subdivisions to submit statements
236     regarding it at the time and in the form that the auditor requires.
237          (7) The state auditor shall:
238          (a) except where otherwise provided by law, institute suits in Salt Lake County in
239     relation to the assessment, collection, and payment of its revenues against:
240          (i) persons who by any means have become entrusted with public money or property
241     and have failed to pay over or deliver the money or property; and
242          (ii) all debtors of the state;
243          (b) collect and pay into the state treasury all fees received by the state auditor;
244          (c) perform the duties of a member of all boards of which the state auditor is a member

245     by the constitution or laws of the state, and any other duties that are prescribed by the
246     constitution and by law;
247          (d) stop the payment of the salary of any state official or state employee who:
248          (i) refuses to settle accounts or provide required statements about the custody and
249     disposition of public funds or other state property;
250          (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
251     board or department head with respect to the manner of keeping prescribed accounts or funds;
252     or
253          (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
254     official's or employee's attention;
255          (e) establish accounting systems, methods, and forms for public accounts in all taxing
256     or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
257          (f) superintend the contractual auditing of all state accounts;
258          (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
259     property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
260     officials and employees in those taxing units comply with state laws and procedures in the
261     budgeting, expenditures, and financial reporting of public funds; and
262          (h) subject to Subsection (9), withhold the disbursement of tax money from any county,
263     if necessary, to ensure that officials and employees in the county comply with Section
264     59-2-303.1.
265          (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
266     under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
267     written notice of noncompliance from the auditor and has been given 60 days to make the
268     specified corrections.
269          (b) If, after receiving notice under Subsection (8)(a), a state or independent local
270     fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
271     laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
272     state auditor:
273          (i) shall provide a recommended timeline for corrective actions; and
274          (ii) may prohibit the state or local fee-assessing unit from accessing money held by the
275     state; and

276          (iii) may prohibit a state or local fee-assessing unit from accessing money held in an
277     account of a financial institution by filing an action in district court requesting an order of the
278     court to prohibit a financial institution from providing the fee-assessing unit access to an
279     account.
280          (c) The state auditor shall remove a limitation on accessing funds under Subsection
281     (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
282     financial reporting of public funds.
283          (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
284     state law, the state auditor:
285          (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
286     comply;
287          (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
288     state; and
289          (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
290     account of a financial institution by:
291          (A) contacting the taxing or fee-assessing unit's financial institution and requesting that
292     the institution prohibit access to the account; or
293          (B) filing an action in district court requesting an order of the court to prohibit a
294     financial institution from providing the taxing or fee-assessing unit access to an account.
295          (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
296     law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
297     (8)(d).
298          (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
299     received formal written notice of noncompliance from the auditor and has been given 60 days
300     to make the specified corrections.
301          (10) Notwithstanding Subsection (7)(g), (7)(h), (8)(b), or (8)(d) the state auditor:
302          (a) shall authorize a disbursement by a state or local taxing or fee-assessing unit if the
303     disbursement is necessary to:
304          (i) avoid a major disruption in the operations of the state or local taxing or
305     fee-assessing unit; or
306          (ii) meet debt service obligations; and

307          (b) may authorize a disbursement by a state or local taxing or fee-assessing unit as the
308     state auditor determines is appropriate.
309          (11) The state auditor shall:
310          (a) establish audit guidelines and procedures for audits of local mental health and
311     substance abuse authorities and their contract providers, conducted pursuant to Title 17,
312     Chapter 43, Parts 2, Local Substance Abuse Authorities, and 3, Local Mental Health
313     Authorities, Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
314     Organizations, and Other Local Entities Act, and Title 62A, Chapter 15, Substance Abuse and
315     Mental Health Act; and
316          (b) ensure that those guidelines and procedures provide assurances to the state that:
317          (i) state and federal funds appropriated to local mental health authorities are used for
318     mental health purposes;
319          (ii) a private provider under an annual or otherwise ongoing contract to provide
320     comprehensive mental health programs or services for a local mental health authority is in
321     compliance with state and local contract requirements, and state and federal law;
322          (iii) state and federal funds appropriated to local substance abuse authorities are used
323     for substance abuse programs and services; and
324          (iv) a private provider under an annual or otherwise ongoing contract to provide
325     comprehensive substance abuse programs or services for a local substance abuse authority is in
326     compliance with state and local contract requirements, and state and federal law.
327          (12) The state auditor may, in accordance with the auditor's responsibilities for political
328     subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political
329     Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
330     investigations of any political subdivision that are necessary to determine honesty and integrity
331     in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
332     financial controls and compliance with the law.
333          (13) (a) The state auditor may not audit work that the state auditor performed before
334     becoming state auditor.
335          (b) If the state auditor has previously been a responsible official in state government
336     whose work has not yet been audited, the Legislature shall:
337          (i) designate how that work shall be audited; and

338          (ii) provide additional funding for those audits, if necessary.
339          (14) The state auditor shall:
340          (a) with the assistance, advice, and recommendations of an advisory committee
341     appointed by the state auditor from among local district boards of trustees, officers, and
342     employees and special service district boards, officers, and employees:
343          (i) prepare a Uniform Accounting Manual for Local Districts that:
344          (A) prescribes a uniform system of accounting and uniform budgeting and reporting
345     procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
346     Local Districts, and special service districts under Title 17D, Chapter 1, Special Service
347     District Act;
348          (B) conforms with generally accepted accounting principles; and
349          (C) prescribes reasonable exceptions and modifications for smaller districts to the
350     uniform system of accounting, budgeting, and reporting;
351          (ii) maintain the manual under Subsection (14)(a) so that it continues to reflect
352     generally accepted accounting principles;
353          (iii) conduct a continuing review and modification of procedures in order to improve
354     them;
355          (iv) prepare and supply each district with suitable budget and reporting forms; and
356          (v) prepare instructional materials, conduct training programs, and render other
357     services considered necessary to assist local districts and special service districts in
358     implementing the uniform accounting, budgeting, and reporting procedures; and
359          (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
360     and experiences of specific local districts and special service districts selected by the state
361     auditor and make the information available to all districts.
362          (15) (a) The following records in the custody or control of the state auditor are
363     protected records under Title 63G, Chapter 2, Government Records Access and Management
364     Act:
365          (i) records that would disclose information relating to allegations of personal
366     misconduct, gross mismanagement, or illegal activity of a past or present governmental
367     employee if the information or allegation cannot be corroborated by the state auditor through
368     other documents or evidence, and the records relating to the allegation are not relied upon by

369     the state auditor in preparing a final audit report;
370          (ii) records and audit workpapers to the extent they would disclose the identity of a
371     person who during the course of an audit, communicated the existence of any waste of public
372     funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation
373     adopted under the laws of this state, a political subdivision of the state, or any recognized entity
374     of the United States, if the information was disclosed on the condition that the identity of the
375     person be protected;
376          (iii) before an audit is completed and the final audit report is released, records or drafts
377     circulated to a person who is not an employee or head of a governmental entity for their
378     response or information;
379          (iv) records that would disclose an outline or part of any audit survey plans or audit
380     program; and
381          (v) requests for audits, if disclosure would risk circumvention of an audit.
382          (b) The provisions of Subsections (15)(a)(i), (ii), and (iii) do not prohibit the disclosure
383     of records or information that relate to a violation of the law by a governmental entity or
384     employee to a government prosecutor or peace officer.
385          (c) The provisions of this Subsection (15) do not limit the authority otherwise given to
386     the state auditor to classify a document as public, private, controlled, or protected under Title
387     63G, Chapter 2, Government Records Access and Management Act.
388          (16) If the state auditor conducts an audit of an entity that the state auditor has
389     previously audited and finds that the entity has not implemented a recommendation made by
390     the state auditor in a previous audit, the state auditor shall notify the Legislative Management
391     Committee through its audit subcommittee that the entity has not implemented that
392     recommendation.
393          Section 3. Section 67-3-102, which is renumbered from Section 67-3-1.5 is
394     renumbered and amended to read:
395          [67-3-1.5].      67-3-102. Fees of state auditor.
396          The state auditor shall receive the following fees:
397          (1) for a copy of any paper filed or recorded in his office, 20 cents per folio[.];
398          (2) for affixing certificate, with or without seal, $1[.]; and
399          (3) for filing any paper not otherwise provided for, $1.

400          Section 4. Section 67-3-103, which is renumbered from Section 67-3-2 is renumbered
401     and amended to read:
402          [67-3-2].      67-3-103. Right to compel accounting by, and state accounts with,
403     all collectors of state money -- Escheats.
404          Whenever any person has received money, or has money or other personal property
405     which belongs to the state by escheat or otherwise, or has been entrusted with the collection,
406     management or disbursement of any money, bonds, or interest accruing thereon, belonging to
407     or held in trust by the state, and fails to render an account thereof to and make settlement with
408     the state auditor within the time prescribed by law, or, when no particular time is specified,
409     fails to render such account and make settlement, or who fails to pay into the state treasury any
410     money belonging to the state, upon being required so to do by the state auditor, within 20 days
411     after such requisition, the state auditor must state an account with such person, charging 25%
412     damages, and interest at the rate of 10% per annum from the time of failure; a copy of such
413     account in any suit thereon shall be prima facie evidence of the things therein stated. In case
414     the state auditor cannot, for want of information, state such an account, he may in any action
415     brought by him aver the fact, and allege generally the amount of money or other property which
416     is due to or which belongs to the state.
417          Section 5. Section 67-3-104, which is renumbered from Section 67-3-3 is renumbered
418     and amended to read:
419          [67-3-3].      67-3-104. Disbursements of public funds -- Suspension of
420     disbursements -- Procedure upon suspension.
421          The state auditor shall have the power to suspend any disbursement of public funds
422     whenever in his opinion such disbursement is contrary to law, and if the validity of any such
423     disbursement be not established within six months from the date of original suspension then
424     the matter shall be referred to the attorney general for appropriate action and if in his opinion
425     the suspension was justified he shall immediately notify the auditor, who shall forthwith make
426     demand upon the surety of the disbursing or certifying officer, and it shall be mandatory upon
427     the surety immediately to meet the demand and to pay into the state treasury by certified check
428     or legal tender any amount or amounts disbursed and involved in the suspension.
429          All suspensions shall be in writing and the state auditor shall prepare a form to be
430     known as the notice of suspension. The form shall contain complete information as to the

431     payment suspended, the reason for the suspension and the amount of money involved and any
432     other information that will clearly establish identification of the payment. The original of the
433     suspension notice shall be retained by the state auditor and one copy shall be served upon the
434     disbursing or certifying officer, one copy upon any member of the finance commission, one
435     copy upon the surety of the disbursing or certifying officer, and one copy shall be attached to
436     the document under suspension. Receipts entered upon the original suspension notice held by
437     the state auditor shall be taken from the disbursing or certifying officer, the finance
438     commission and the surety, except that the copy to the surety company may be mailed in which
439     case so doing will constitute legal service.
440          Immediately upon any suspension becoming final the finance commission shall cause
441     an entry to be made debiting the disbursing or certifying officer with the amount of money
442     involved in any suspension notice and shall credit the account originally charged by the
443     payment. Upon release of final suspension by the state auditor a reversing entry shall be made
444     crediting the disbursing or certifying officer, and like credit shall be given in all recoveries
445     from the surety.
446          Section 6. Section 67-3-105, which is renumbered from Section 67-3-4 is renumbered
447     and amended to read:
448          [67-3-4].      67-3-105. Appropriations not to be diverted from purposes.
449          No appropriation and no surplus of any appropriation shall be diverted from any
450     account to any other account, except as provided by law, and the money appropriated, or so
451     much as may be necessary, shall be applied to the payment of the item for which the
452     appropriation is made and nothing else.
453          Section 7. Section 67-3-106, which is renumbered from Section 67-3-5 is renumbered
454     and amended to read:
455          [67-3-5].      67-3-106. Right of visitation and examination.
456          For the purpose of carrying out the duties of the state auditor, the state auditor shall
457     have access to all offices of public entities during business hours for the inspection of their
458     records, regardless of any general limitation on access to records provided in an entity's
459     individual statute.
460          Section 8. Section 67-3-107, which is renumbered from Section 67-3-6 is renumbered
461     and amended to read:

462          [67-3-6].      67-3-107. Seal.
463          The state auditor shall adopt a seal and shall file a description and an impression thereof
464     with the Division of Archives and Records Service.
465          Section 9. Section 67-3-108, which is renumbered from Section 67-3-8 is renumbered
466     and amended to read:
467          [67-3-8].      67-3-108. Preparation and distribution of budget forms.
468          The state auditor shall formulate and print budget forms for all cities, all counties, and
469     all school districts. These budget forms shall be distributed at cost to each city, county, and
470     school district.
471          Section 10. Section 67-3-201 is enacted to read:
Part 2. Citizens' Customer Satisfaction Program

473          67-3-201. Title.
474          This part is known as the "Citizens' Customer Satisfaction Program."
475          Section 11. Section 67-3-202 is enacted to read:
476          67-3-202. Definitions.
477          As used in this part:
478          (1) "Covertly observe" means an act taken by the program to directly observe and
479     evaluate the customer service offered by a public service entity without the knowledge of the
480     public service entity.
481          Ĥ→ [
(2) (a) "Government entity" means a department, agency, division, office, authority,
482     library, unit, bureau, program, or other unit of the state.
483          (b) "Government entity" includes the judicial branch of the state.
484          (c) "Government entity" does not include a political subdivision or an entity of a
485     political subdivision of the state, a state institution of higher education, a school district, a
486     public school, or an independent corporation as defined in Section 63E-1-102.
487          (3) "Office," except as used in Subsection (2)(a),
] (2) "Office" ←Ĥ
means the Office of the
487a     Utah State
488     Auditor.
489          Ĥ→ [
(4) "Program," except as used in Subsection (2)(a),] (3) "Program" ←Ĥ means the
489a     Citizens' Customer
490     Satisfaction Program created in Section 67-3-203.
491          Ĥ→ [
(5)] (4) ←Ĥ "Public service entity" means Ĥ→ [a government entity:
492          (a) that receives public funds;

493     ☆     (b) that expends funds described in Subsection (5)(a); and
494          (c) with which an individual citizen may initiate contact to receive, for the individual
495     or the individual's immediate family, a statutorily authorized benefit or service.
] the Department of

495a     Alcoholic Beverage Control, created in Section 32B-2-203, or the Motor Vehicle Division,
495b     created in Section 41-1a-106.
496          [
(6)] (5) ←Ĥ "Interaction" means an individual act under the program to covertly observe a
497     public service entity in a manner authorized by this part.
498          Section 12. Section 67-3-203 is enacted to read:
499          67-3-203. Creation -- Structure -- Authority.
500          (1) There is created the "Citizens' Customer Satisfaction Program" within the Office of
501     the Utah State Auditor.
502          (2) The state auditor may procure the services of a nonpublic entity in accordance with
503     Title 63G, Chapter 6a, Utah Procurement Code, to administer the program.
504          Section 13. Section 67-3-204 is enacted to read:
505          67-3-204. Program duties and responsibilities -- Data collection.
506          (1) In implementing the program, the state auditor shall administer a covert interaction
507     program to:
508          (a) assess the quality of a public service entity's customer service through covert
509     observation; and
510          (b) identify any public service entity practices that are not in compliance with state law,
511     rule, or policy, or generally accepted customer service practices.
512          Ĥ→ [
(2) Before July 1 of each year, the state auditor shall:
513          (a) create a list of all public service entities in the state; and
514          (b) from the list created under Subsection (2)(a), choose the public service entities that
515     the auditor believes would benefit most from the program's assessment.
516      (3)
] (2) ←Ĥ
(a) Before January 1 of each year, the state auditor shall consult with the head of
517     each public service entity Ĥ→ [
chosen under Subsection (2)(b)] ←Ĥ to:
518          (i) identify the services provided by the public service entity that are subject to the
519     program's assessment;
520          (ii) obtain performance measures for the services described in Subsection
520a     Ĥ→ [
(3)] (2) ←Ĥ (a)(i) that
521     the program will measure, including a scoring system by which the state auditor will rate the
522     public service entity's customer service; and
523          (iii) obtain, from the head of the public service entity, goals for the public service

524     entity's customer service, using the performance measures obtained under Subsection
524a     Ĥ→ [
(3)] (2) ←Ĥ (a)(ii).
525          (b) If the state auditor cannot obtain performance measures or goals from the head of a
526     public service entity under Subsection Ĥ→ [
(3)] (2) ←Ĥ (a), the state auditor shall notify the
526a     legislative
527     committee that has oversight over the public service entity.
528          (c) In addition to the performance measures obtained under Subsection
528a     Ĥ→ [
(3)] (2) ←Ĥ (a)(ii) for
529     each public service entity, the state auditor shall establish a scoring system by which the state
530     auditor shall rate the customer service of all public service entities Ĥ→ [
chosen under Subsection
531     (2)(b)
] ←Ĥ
532          Ĥ→ [
(4)] (3) ←Ĥ For each calendar year, the state auditor shall, for each public service entity 532a     Ĥ→ [chosen
533     under Subsection (2)(b) in the previous year
] ←Ĥ
534          (a) create a plan, based upon the performance measures obtained in Subsection
534a     Ĥ→ [
(3)] (2) ←Ĥ , to
535     covertly observe and evaluate the public service entity's performance;
536          (b) collect detailed data on each interaction conducted under the program, including the
537     name of each of the public service entity's employees who were contacted during the
538     interaction; and
539          (c) score the public service entity according to the scoring system for each performance
540     measure established under Subsection Ĥ→ [
(3)] (2) ←Ĥ .
541          Ĥ→ [
(5)] (4) ←Ĥ (a) To complete the duties described in this section, an individual
541a     engaging in an
542     interaction may covertly observe the customer service offered by a public service entity:
543          (i) in person;
544          (ii) by telephone; or
545          (iii) through electronic communication.
546          (b) The state auditor may covertly record an interaction.
547          (c) The state auditor may not covertly observe or record a direct interaction between a
548     public service entity and another person unless that person is associated with the program or
549     the Office of the Utah State Auditor.
550          Ĥ→ [
(6)] (5) ←Ĥ The state auditor may pay a stipend to a person that:
551          (a) performs an interaction for the program; and
552          (b) is not otherwise associated with the program.
553          Section 14. Section 67-3-205 is enacted to read:
554          67-3-205. Reporting and tracking results -- Online database.
555          (1) The state auditor shall, for each public service entity the program interacts with
556     under Subsection Ĥ→ [
67-3-103(4)] 67-3-204(3) ←Ĥ , prepare a detailed report each month
556a     that contains:
557          (a) the name of the public service entity;
558          (b) the performance measures and goals obtained under Subsection 67-3-204
558a     Ĥ→ [
(3)] (2) ←Ĥ for the
559     public service entity;
560          (c) a summary of the plan created under Subsection 67-3-204 Ĥ→ [
(4)] (3) ←Ĥ (a)
560a     for the entity;
561          (d) a description of the program's efforts to execute the plan described in Subsection
562     67-3-204 Ĥ→ [
(4)] (3) ←Ĥ (a);
563          (e) a compilation, analysis, and interpretation of the data collected under Subsection
564     67-3-204 Ĥ→ [
(4)] (3) ←Ĥ (c) and the scores recorded under Subsection 67-3-204
564a     Ĥ→ [
(4)] (3) ←Ĥ (d);
565          (f) an assessment of how the public service entity's performance relates to the
566     performance measures and goals obtained under Subsection 67-3-204 Ĥ→ [
(3)] (2) ←Ĥ
566a     for the entity;
567          (g) a description of each interaction, including:
568          (i) the name of each of the entity's employees who were contacted during the
569     interaction; and
570          (ii) the scores recorded under Subsection 67-3-204 Ĥ→ [
(4)] (3) ←Ĥ (d) for the interaction;
571          (h) an explanation of any observed patterns of the Ĥ→ public service ←Ĥ entity's practices
571a     that do not appear
572     to be in compliance with state law, rule, or policy or with generally accepted customer service
573     practices; and
574          (i) any recommended changes needed to bring the entity into compliance with state
575     law, rule, or policy or with generally accepted customer service practices.
576          (2) The state auditor shall, within 30 days after the day on which the state auditor
577     prepares a report described in Subsection (1), send the report to the head of the public service
578     entity that is the subject of the report.
579          (3) (a) The state auditor shall create a repository to store and track the information
580     collected under the program.
581          (b) The repository described in Subsection (3)(a) shall:
582          (i) be accessible to the public through the state auditor's website;
583          (ii) for each public service entity with which the program has had an interaction,
584     display a running total of the average monthly, average annual, and average all-time
585     performance measure scores for the public service entity; and
586          (iii) contain each report prepared by the state auditor under Subsection (1) with private,
587     protected, or controlled information, as defined in Title 63G, Chapter 2, Government Records
588     Access and Management Act, redacted from the report.
589          Section 15. Section 67-3-206 is enacted to read:
590          67-3-206. Public service entity responsibilities -- Incentives.
591          (1) Upon receipt of a report under Subsection 67-3-205(2), the head of the public
592     service entity shall:
593          (a) identify each employee described in Subsection Ĥ→ [
67-3-206] 67-3-205 Ĥ (1)(g)(i);
593a     and
594          (b) place a copy of the portions of the report that pertain to the employee in the
595     employee's personnel file.
596          (2) (a) The head of a public service entity Ĥ→ [
chosen under Subsection 67-3-204(2)(b)] ←Ĥ
596a     may
597     establish a pecuniary incentive to award to an employee of the entity:
598          (i) who has an interaction under the program; and
599          (ii) whose performance, as measured under the program, meets or exceeds the goals
600     obtained under Subsection 67-3-204 Ĥ→ [
(3)] (2) ←Ĥ (a)(iii) for the entity.
601          (b) The head of a public service entity that establishes a pecuniary incentive under
602     Subsection (2)(a) shall distribute, in writing, to each employee eligible to receive the incentive:
603          (i) a description of the incentive; and
604          (ii) a description of requirements that an employee shall meet to receive the incentive.
605          (c) When the head of a public service entity awards a pecuniary incentive to an
606     employee, the head of the entity shall distribute, in writing, to each of the entity's employees
607     who is eligible for the incentive:
608          (i) the name of each employee who was awarded the incentive;
609          (ii) a description of how the employee described in Subsection (2)(c)(i) met the
610     requirements established under Subsection (2)(b)(ii); and
611          (iii) a description of the incentive the individual was awarded.

Legislative Review Note
     as of 2-20-15 9:09 AM

Office of Legislative Research and General Counsel