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7 LONG TITLE
8 General Description:
9 This bill requires the State Tax Commission to prepare a report and requires the
10 publication of the report on the Utah Public Finance Website.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires the State Tax Commission to prepare a report on certain tax provisions and
15 present the report to the Revenue and Taxation Interim Committee;
16 ▸ provides procedures and requirements for the report; and
17 ▸ requires the State Tax Commission to provide the report to the Division of Finance
18 to be posted on the Utah Public Finance Website.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63A-3-402, as last amended by Laws of Utah 2014, Chapters 64 and 185
26 ENACTS:
27 59-1-214, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 59-1-214 is enacted to read:
31 59-1-214. Commission report to Revenue and Taxation Interim Committee --
32 Contents -- Commission to provide report to Division of Finance for posting on Utah
33 Public Finance Website.
34 (1) As used in this section, "designated tax provision" means:
35 (a) a property tax exemption provided in:
36 (i) Section 59-2-1104; or
37 (ii) Section 59-2-1106;
38 (b) a property tax abatement provided in Section 59-2-1107;
39 (c) property tax relief provided in Chapter 2, Part 12, Property Tax Relief;
40 (d) a tax credit allowable against a tax imposed under:
41 (i) Chapter 7, Corporate Franchise and Income Taxes; or
42 (ii) Chapter 10, Individual Income Tax Act;
43 (e) a subtraction from adjusted gross income described in Section 59-10-114; or
44 (f) a sales and use tax exemption described in Section 59-12-104.
45 (2) Subject to the other provisions of this section, the commission shall, on or before
46 the October interim meeting:
47 (a) prepare a written report on each designated tax provision; and
48 (b) present the report to the Revenue and Taxation Interim Committee.
49 (3) The report shall contain:
50 (a) the statutory authority for the designated tax provision;
51 (b) a description of the designated tax provision;
52 (c) the year the designated tax provision was enacted;
53 (d) a description of the purpose, rationale, or objective of the designated tax provision;
54 (e) a description of the class of persons who receive a benefit from the designated tax
55 provision;
56 (f) a statement of:
57 (i) the actual revenue lost to the state or political subdivisions as a result of the
58 designated tax provision; or
59 (ii) if the actual revenue lost to the state or political subdivisions cannot be determined
60 or may not be disclosed in accordance with Section 59-1-403 or 59-1-404, an estimate of the
61 revenue lost to the state or political subdivisions as a result of the designated tax provision;
62 (g) a statement of:
63 (i) the number of persons who claimed a benefit under the designated tax provision; or
64 (ii) if the number of persons who claimed a benefit under the designated tax provision
65 cannot be determined or may not be disclosed in accordance with Section 59-1-403 or
66 59-1-404, an estimate of the number of persons who claimed a benefit under the designated tax
67 provision; and
68 (h) (i) subject to Subsection (3)(h)(ii), for each designated tax provision, an assessment
69 of the extent to which the designated tax provision achieves its purpose, rationale, or objective;
70 or
71 (ii) if the commission determines that there is not sufficient information to assess
72 whether a designated tax provision achieves its purpose, rationale, or objective,
73 recommendations on how a designated tax provision may be effectively analyzed and
74 evaluated.
75 (4) The commission shall include the most current data available to the commission in
76 the report required by this section.
77 (5) The commission shall, on or before the October interim meeting, provide the report
78 required by this section to the Division of Finance to be posted to the Utah Public Finance
79 Website in accordance with Section 63A-3-402.
80 (6) The commission may not include information in a report required by this section if
81 including the information in the report violates Section 59-1-403 or 59-1-404.
82 Section 2. Section 63A-3-402 is amended to read:
83 63A-3-402. Utah Public Finance Website -- Establishment and administration --
84 Records disclosure -- Exceptions.
85 (1) There is created the Utah Public Finance Website to be administered by the
86 Division of Finance with the technical assistance of the Department of Technology Services.
87 (2) The Utah Public Finance Website shall:
88 (a) permit Utah taxpayers to:
89 (i) view, understand, and track the use of taxpayer dollars by making public financial
90 information available on the Internet for participating state entities, independent entities, and
91 participating local entities, using the Utah Public Finance Website; and
92 (ii) link to websites administered by participating local entities or independent entities
93 that do not use the Utah Public Finance Website for the purpose of providing participating
94 local entities' or independent entities' public financial information as required by this part and
95 by rule under Section 63A-3-404;
96 (b) allow a person who has Internet access to use the website without paying a fee;
97 (c) allow the public to search public financial information on the Utah Public Finance
98 Website using criteria established by the board;
99 (d) provide access to financial reports, financial audits, budgets, or other financial
100 documents that are used to allocate, appropriate, spend, and account for government funds, as
101 may be established by rule under Section 63A-3-404;
102 (e) have a unique and simplified website address;
103 (f) be directly accessible via a link from the main page of the official state website;
104 (g) include other links, features, or functionality that will assist the public in obtaining
105 and reviewing public financial information, as may be established by rule under Section
106 63A-3-404; and
107 (h) include a link to school report cards published on the State Board of Education's
108 website pursuant to Section 53A-1-1112.
109 (3) The division shall:
110 (a) establish and maintain the website, including the provision of equipment, resources,
111 and personnel as necessary;
112 (b) maintain an archive of all information posted to the website;
113 (c) coordinate and process the receipt and posting of public financial information from
114 participating state entities;
115 (d) coordinate and regulate the posting of public financial information by participating
116 local entities and independent entities; and
117 (e) provide staff support for the advisory committee.
118 (4) (a) A participating state entity and each independent entity shall permit the public
119 to view the entity's public financial information via the website, beginning with information
120 that is generated not later than the fiscal year that begins July 1, 2008, except that public
121 financial information for an:
122 (i) institution of higher education shall be provided beginning with information
123 generated for the fiscal year beginning July 1, 2009; and
124 (ii) independent entity shall be provided beginning with information generated for the
125 entity's fiscal year beginning in 2014.
126 (b) No later than May 15, 2009, the website shall:
127 (i) be operational; and
128 (ii) permit public access to participating state entities' public financial information,
129 except as provided in Subsections (4)(c) and (d).
130 (c) An institution of higher education that is a participating state entity shall submit the
131 entity's public financial information at a time allowing for inclusion on the website no later
132 than May 15, 2010.
133 (d) No later than the first full quarter after July 1, 2014, an independent entity shall
134 submit the entity's public financial information for inclusion on the Utah Public Finance
135 Website or via a link to its own website on the Utah Public Finance Website.
136 (e) The division shall post to the Utah Public Finance Website the report that the State
137 Tax Commission provides to the division in accordance with Section 59-1-214.
138 (5) (a) The Utah Educational Savings Plan, created in Section 53B-8a-103, shall
139 provide the following financial information to the division for posting on the Utah Public
140 Finance Website:
141 (i) administrative fund expense transactions from its general ledger accounting system;
142 and
143 (ii) employee compensation information.
144 (b) The plan is not required to submit other financial information to the division,
145 including:
146 (i) revenue transactions;
147 (ii) account owner transactions; and
148 (iii) fiduciary or commercial information, as defined in Section 53B-12-102.
149 (6) (a) The following independent entities shall each provide administrative expense
150 transactions from its general ledger accounting system and employee compensation
151 information to the division for posting on the Utah Public Finance Website or via a link to a
152 website administered by the independent entity:
153 (i) the Utah Capital Investment Corporation, created in Section 63M-1-1207;
154 (ii) the Utah Housing Corporation, created in Section 35A-8-704; and
155 (iii) the School and Institutional Trust Lands Administration, created in Section
156 53C-1-201.
157 (b) For purposes of this part, an independent entity described in Subsection (6)(a) is not
158 required to submit to the division, or provide a link to, other financial information, including:
159 (i) revenue transactions of a fund or account created in its enabling statute;
160 (ii) fiduciary or commercial information related to any subject if the disclosure of the
161 information:
162 (A) would conflict with fiduciary obligations; or
163 (B) is prohibited by insider trading provisions;
164 (iii) information of a commercial nature, including information related to:
165 (A) account owners, borrowers, and dependents;
166 (B) demographic data;
167 (C) contracts and related payments;
168 (D) negotiations;
169 (E) proposals or bids;
170 (F) investments;
171 (G) the investment and management of funds;
172 (H) fees and charges;
173 (I) plan and program design;
174 (J) investment options and underlying investments offered to account owners;
175 (K) marketing and outreach efforts;
176 (L) lending criteria;
177 (M) the structure and terms of bonding; and
178 (N) financial plans or strategies; and
179 (iv) information protected from public disclosure by federal law.
180 (7) (a) As used in this Subsection (7):
181 (i) "Local education agency" means a school district or a charter school.
182 (ii) "New school building project" means the construction of a school that did not
183 previously exist in a local education agency.
184 (iii) "Significant school remodel" means the upgrading, changing, alteration,
185 refurbishment, modification, or complete substitution of an existing school in a local education
186 agency with a project cost equal to or in excess of $2,000,000.
187 (b) For each new school building project or significant school remodel, the local
188 education agency shall:
189 (i) prepare an annual school plant capital outlay report; and
190 (ii) submit the report:
191 (A) to the division for publication on the Utah Public Finance Website; and
192 (B) in a format, including any raw data or electronic formatting, prescribed by
193 applicable division policy.
194 (c) The local education agency shall include in the capital outlay report described in
195 Subsection (7)(b)(i) the following information as applicable to each new school building
196 project or significant school remodel:
197 (i) the name and location of the project or remodel;
198 (ii) construction and design costs, including:
199 (A) the purchase price or lease terms of any real property acquired or leased for the
200 project or remodel;
201 (B) facility construction;
202 (C) facility and landscape design;
203 (D) applicable impact fees; and
204 (E) furnishings and equipment;
205 (iii) the gross square footage of the project or remodel;
206 (iv) the year construction was completed; and
207 (v) the final student capacity of the new school building project or, for a significant
208 school remodel, the increase or decrease in student capacity created by the remodel.
209 (d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
210 the local education agency shall report the actual cost, fee, or other expense.
211 (ii) The division may require that a local education agency provide further itemized
212 data on information listed in Subsection (7)(c).
213 (e) (i) No later than May 15, 2015, a local education agency shall provide the division a
214 school plant capital outlay report for each new school building project and significant school
215 remodel completed on or after July 1, 2004, and before May 13, 2014.
216 (ii) For a new school building project or significant school remodel completed after
217 May 13, 2014, the local education agency shall provide the school plant capital outlay report
218 described in this Subsection (7) to the division annually by a date designated by the division.
219 (8) A person who negligently discloses a record that is classified as private, protected,
220 or controlled by Title 63G, Chapter 2, Government Records Access and Management Act, is
221 not criminally or civilly liable for an improper disclosure of the record if the record is disclosed
222 solely as a result of the preparation or publication of the Utah Public Finance Website.
Legislative Review Note
as of 2-17-15 6:32 PM
Office of Legislative Research and General Counsel