Chief Sponsor: Derrin Owens

Senate Sponsor: Daniel W. Thatcher


8     General Description:
9          This bill modifies provisions relating to the Utah Transparency Advisory Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that the Utah Transparency Advisory Board shall include an individual
13     representing the State Board of Education; and
14          ▸     makes technical corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          63A-3-403, as last amended by Laws of Utah 2014, Chapters 75, 185, and 387

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 63A-3-403 is amended to read:
25          63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --
26     Duties.
27          (1) There is created within the department the Utah Transparency Advisory Board
28     comprised of members knowledgeable about public finance or providing public access to
29     public information.

30          (2) The board consists of:
31          (a) an individual appointed by the director of the Division of Finance;
32          (b) an individual appointed by the executive director of the Governor's Office of
33     Management and Budget;
34          (c) an individual appointed by the governor on advice from the Legislative Fiscal
35     Analyst;
36          (d) one member of the Senate, appointed by the governor on advice from the president
37     of the Senate;
38          (e) one member of the House of Representatives, appointed by the governor on advice
39     from the speaker of the House of Representatives;
40          (f) an individual appointed by the director of the Department of Technology Services;
41          (g) the director of the Division of Archives created in Section 63A-12-101 or the
42     director's designee;
43          (h) an individual who is a member of the State Records Committee created in Section
44     63G-2-501, appointed by the governor;
45          (i) an individual representing counties, appointed by the governor;
46          (j) an individual representing municipalities, appointed by the governor;
47          (k) an individual representing special districts, appointed by the governor; [and]
48          (l) an individual representing the State Board of Education, appointed by the State
49     Board of Education; and
50          [(l)] (m) two individuals who are members of the public and who have knowledge,
51     expertise, or experience in matters relating to the board's duties under Subsection (10),
52     appointed by the board members identified in Subsections (2)(a) through [(k)] (l).
53          (3) The board shall:
54          (a) advise the division on matters related to the implementation and administration of
55     this part;
56          (b) develop plans, make recommendations, and assist in implementing the provisions
57     of this part;

58          (c) determine what public financial information shall be provided by a participating
59     state entity, independent entity, and participating local entity, if the public financial
60     information:
61          (i) only includes records that:
62          (A) are classified as public under Title 63G, Chapter 2, Government Records Access
63     and Management Act, or, subject to any specific limitations and requirements regarding the
64     provision of financial information from the entity described in Section 63A-3-402, if an entity
65     is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
66     records that would normally be classified as public if the entity were not exempt from Title
67     63G, Chapter 2, Government Records Access and Management Act;
68          (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
69     revenues, regardless of the source; and
70          (C) are owned, held, or administered by the participating state entity, independent
71     entity, or participating local entity that is required to provide the record; and
72          (ii) is of the type or nature that should be accessible to the public via a website based
73     on considerations of:
74          (A) the cost effectiveness of providing the information;
75          (B) the value of providing the information to the public; and
76          (C) privacy and security considerations;
77          (d) evaluate the cost effectiveness of implementing specific information resources and
78     features on the website;
79          (e) establish size or budget thresholds to identify those local entities that qualify as
80     participating local entities as defined in this part, giving special consideration to the budget and
81     resource limitations of an entity with a current annual budget of less than $10,000,000;
82          (f) require participating local entities to provide public financial information in
83     accordance with the requirements of this part, with a specified content, reporting frequency,
84     and form;
85          (g) require an independent entity's website or a participating local entity's website to be

86     accessible by link or other direct route from the Utah Public Finance Website if the
87     independent entity or participating local entity does not use the Utah Public Finance Website;
88          (h) determine the search methods and the search criteria that shall be made available to
89     the public as part of a website used by an independent entity or a participating local entity
90     under the requirements of this part, which criteria may include:
91          (i) fiscal year;
92          (ii) expenditure type;
93          (iii) name of the agency;
94          (iv) payee;
95          (v) date; and
96          (vi) amount; and
97          (i) analyze ways to improve the information on the Utah Public Finance Website so the
98     information is more relevant to citizens, including through the use of:
99          (i) infographics that provide more context to the data; and
100          (ii) geolocation services, if possible.
101          (4) The board shall annually elect a chair and a vice chair from its members.
102          (5) (a) Each member shall serve a two-year term.
103          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
104     appointed for the remainder of the unexpired term.
105          (6) To accomplish its duties, the board shall meet as it determines necessary.
106          (7) Reasonable notice shall be given to each member of the board before any meeting.
107          (8) A majority of the board constitutes a quorum for the transaction of business.
108          (9) (a) A member who is not a legislator may not receive compensation or benefits for
109     the member's service, but may receive per diem and travel expenses as allowed in:
110          (i) Section 63A-3-106;
111          (ii) Section 63A-3-107; and
112          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
113     63A-3-107.

114          (b) Compensation and expenses of a member who is a legislator are governed by
115     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
116          (10) (a) As used in Subsections (10) and (11):
117          (i) "Information website" means a single Internet website containing public information
118     or links to public information.
119          (ii) "Public information" means records of state government, local government, or an
120     independent entity that are classified as public under Title 63G, Chapter 2, Government
121     Records Access and Management Act, or, subject to any specific limitations and requirements
122     regarding the provision of financial information from the entity described in Section
123     63A-3-402, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
124     Management Act, records that would normally be classified as public if the entity were not
125     exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
126          (b) The board shall:
127          (i) study the establishment of an information website and develop recommendations for
128     its establishment;
129          (ii) develop recommendations about how to make public information more readily
130     available to the public through the information website;
131          (iii) develop standards to make uniform the format and accessibility of public
132     information posted to the information website; and
133          (iv) identify and prioritize public information in the possession of a state agency or
134     political subdivision that may be appropriate for publication on the information website.
135          (c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
136     principles that encourage:
137          (i) (A) the establishment of a standardized format of public information that makes the
138     information more easily accessible by the public;
139          (B) the removal of restrictions on the reuse of public information;
140          (C) minimizing limitations on the disclosure of public information while appropriately
141     safeguarding sensitive information; and

142          (D) balancing factors in favor of excluding public information from an information
143     website against the public interest in having the information accessible on an information
144     website;
145          (ii) (A) permanent, lasting, open access to public information; and
146          (B) the publication of bulk public information;
147          (iii) the implementation of well-designed public information systems that ensure data
148     quality, create a public, comprehensive list or index of public information, and define a process
149     for continuous publication of and updates to public information;
150          (iv) the identification of public information not currently made available online and the
151     implementation of a process, including a timeline and benchmarks, for making that public
152     information available online; and
153          (v) accountability on the part of those who create, maintain, manage, or store public
154     information or post it to an information website.
155          (d) The department shall implement the board's recommendations, including the
156     establishment of an information website, to the extent that implementation:
157          (i) is approved by the Legislative Management Committee;
158          (ii) does not require further legislative appropriation; and
159          (iii) is within the department's existing statutory authority.
160          (11) The department shall, in consultation with the board and as funding allows,
161     modify the information website described in Subsection (10) to:
162          (a) by January 1, 2015, serve as a point of access for Government Records Access and
163     Management requests for executive agencies;
164          (b) by January 1, 2016, serve as a point of access for Government Records Access and
165     Management requests for:
166          (i) school districts;
167          (ii) charter schools;
168          (iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
169     District Act;

170          (iv) counties; and
171          (v) municipalities;
172          (c) by January 1, 2017, serve as a point of access for Government Records Access and
173     Management requests for:
174          (i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
175     Districts; and
176          (ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
177          (d) except as provided in Subsection (12)(a), provide link capabilities to other existing
178     repositories of public information, including maps, photograph collections, legislatively
179     required reports, election data, statute, rules, regulations, and local ordinances that exist on
180     other agency and political subdivision websites;
181          (e) provide multiple download options in different formats, including nonproprietary,
182     open formats where possible;
183          (f) provide any other public information that the board, under Subsection (10),
184     identifies as appropriate for publication on the information website; and
185          (g) incorporate technical elements the board identifies as useful to a citizen using the
186     information website.
187          (12) (a) The department, in consultation with the board, shall establish by rule any
188     restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
189     the website described in Subsection (10) if the inclusion would pose a potential security
190     concern.
191          (b) The website described in Subsection (10) may not publish any record that is
192     classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
193     Access and Management Act.