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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to state longitudinal data.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes the Utah Data Commission;
14 ▸ requires the State Board of Education, the State Board of Regents, the Utah
15 Education and Telehealth Network, the Utah College of Applied Technology, and
16 the Department of Workforce Services to contribute data to the Utah Longitudinal
17 Database;
18 ▸ directs the Utah Data Commission to:
19 • hire an executive director; and
20 • establish the Utah Longitudinal Database that contains de-identified data from
21 participating state entities;
22 ▸ directs the executive director to:
23 • hire data scientists, data technology experts, and data security experts; and
24 • accept requests from a state government official or a member of the public for a
25 longitudinal data study using the data in the Utah Longitudinal Database;
26 ▸ directs the Utah Data Commission to use the fees the commission collects for
27 longitudinal data study requests to cover the commission's costs; and
28 ▸ provides a procedure for an individual to remove the individual's information from
29 the Utah Longitudinal Database.
30 Money Appropriated in this Bill:
31 This bill appropriates in fiscal year 2017:
32 ▸ to the Utah Education and Telehealth Network - Utah Education and Telehealth
33 Network as an ongoing appropriation:
34 • from the Education Fund, ($645,000);
35 ▸ to the State Board of Education - State Office of Education as an ongoing
36 appropriation:
37 • from the Education Fund, ($355,000);
38 ▸ to the Utah College of Applied Technology - Administration as an ongoing
39 appropriation:
40 • from the Education Fund, ($245,000);
41 ▸ to the State Board of Regents - Administration as an ongoing appropriation:
42 • from the Education Fund, ($245,000);
43 ▸ to the University of Utah - Education and General as an ongoing appropriation:
44 • from the Education Fund, ($310,000); and
45 ▸ to the Utah Data Commission - Utah Data Commission, as an ongoing
46 appropriation:
47 • from the Education Fund, $1,800,000.
48 Other Special Clauses:
49 This bill provides a special effective date.
50 Utah Code Sections Affected:
51 ENACTS:
52 63F-3-101, Utah Code Annotated 1953
53 63F-3-102, Utah Code Annotated 1953
54 63F-3-201, Utah Code Annotated 1953
55 63F-3-202, Utah Code Annotated 1953
56 63F-3-203, Utah Code Annotated 1953
57 63F-3-301, Utah Code Annotated 1953
58 63F-3-302, Utah Code Annotated 1953
59 63F-3-303, Utah Code Annotated 1953
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 63F-3-101 is enacted to read:
63
64 63F-3-101. Title.
65 This chapter is known as "Utah Data Commission."
66 Section 2. Section 63F-3-102 is enacted to read:
67 63F-3-102. Definitions.
68 As used in this chapter:
69 (1) "Commission" means the Utah Data Commission.
70 (2) "Data" means any information about a person stored in a physical or electronic
71 record.
72 (3) "De-identified data" means data about a person for which it is impossible for
73 another person or a machine, using only the data, to discover the identity of the person.
74 (4) "Director" means the executive director of the Utah Data Commission appointed by
75 the commission under Section 63F-3-202.
76 (5) "Legislative office" means:
77 (a) the Office of Legislative Research and General Counsel;
78 (b) the Office of the Legislative Fiscal Analyst; or
79 (c) the Office of the Legislative Auditor General.
80 (6) "Longitudinal data" means data that is:
81 (a) collected over time;
82 (b) aggregated from multiple sources; and
83 (c) connected and de-identified.
84 (7) "Participating entity" means:
85 (a) the State Board of Education;
86 (b) the State Board of Regents;
87 (c) the Utah Education and Telehealth Network;
88 (d) the Utah College of Applied Technology; and
89 (e) the Department of Workforce Services.
90 (8) "State government official" means:
91 (a) a representative of:
92 (i) an executive branch agency;
93 (ii) an independent entity, as defined in Section 63E-1-102;
94 (iii) the State Office of Education;
95 (iv) the State Board of Regents; or
96 (v) a legislative office;
97 (b) a member of:
98 (i) the House of Representatives; or
99 (ii) the Senate; or
100 (c) the governor.
101 (9) "Utah Longitudinal Database" means the data storage facility created in Section
102 63F-3-301.
103 Section 3. Section 63F-3-201 is enacted to read:
104 63F-3-201. Commission -- Composition -- Appointment.
105 (1) The Utah Data Commission is created.
106 (2) The commission described in Subsection (1) is composed of the following
107 members:
108 (a) the state superintendent of the State Board of Education or the state superintendent's
109 designee;
110 (b) the commissioner of higher education or the commissioner of higher education's
111 designee;
112 (c) the executive director of the Utah Education and Telehealth Network or the
113 executive director's designee;
114 (d) the president of the Utah College of Applied Technology or the president's
115 designee; and
116 (e) the director of the Department of Workforce Services or the director's designee.
117 (2) The commissioners shall designate, by vote, one of the commissioners as chair.
118 (3) Three members of the commission constitute a quorum for transacting official
119 commission business.
120 (4) A member of the commission:
121 (a) except to the extent a member's service on the commission is related to the
122 member's duties outside of the commission, may not receive compensation or benefits for the
123 member's service; and
124 (b) may receive per diem and travel expenses in accordance with:
125 (i) Section 63A-3-106;
126 (ii) Section 63A-3-107; and
127 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
128 (5) The University of Utah shall provide administrative support for the commission.
129 Section 4. Section 63F-3-202 is enacted to read:
130 63F-3-202. Commission powers and duties.
131 (1) The commission shall manage, supervise, and maintain the Utah Longitudinal
132 Database.
133 (2) The commission shall engage with the participating entities, the governor, and the
134 Legislature to determine longitudinal data research priorities for the state.
135 (3) The commission shall manage and maintain the Utah Longitudinal Database such
136 that the Utah Longitudinal Database is accessible and resourceful to the general public in Utah.
137 (4) The commission is not subject to Title 63G, Chapter 2, Government Records
138 Access and Management Act.
139 Section 5. Section 63F-3-203 is enacted to read:
140 63F-3-203. Executive director -- Additional staff.
141 (1) The commission shall appoint an executive director to manage the day-to-day
142 operations of the commission.
143 (2) The executive director may, with the commission's approval, hire staff, including:
144 (a) data scientists;
145 (b) data technology experts; and
146 (c) data security experts.
147 Section 6. Section 63F-3-301 is enacted to read:
148 63F-3-301. Utah Longitudinal Database.
149 (1) The commission shall establish a database, known as the Utah Longitudinal
150 Database, that contains longitudinal data derived from data contributed by the participating
151 entities.
152 (2) A participating entity shall contribute data to the Utah Longitudinal Database
153 within guidelines established by the commission.
154 (3) A state executive agency may not establish a database composed of longitudinal
155 data except as part of the Utah Longitudinal Database.
156 (4) The commission shall contract with the Utah Education and Telehealth Network for
157 technical operation and storage of the Utah Longitudinal Database.
158 (5) Except as otherwise provided by law, the division may only release data from the
159 Utah Longitudinal Database Center in accordance with the procedures described in Section
160 63F-3-303.
161 Section 7. Section 63F-3-302 is enacted to read:
162 63F-3-302. Commission duties -- Longitudinal data studies.
163 (1) The commission shall prepare a longitudinal data study, using the data contained in
164 the Utah Longitudinal Database, at the request of:
165 (a) a member of the commission;
166 (b) the executive director;
167 (c) a state government official in the executive, legislative, or judicial branch; or
168 (d) a member of the public.
169 (2) The executive director, with approval by the commission, shall determine the order
170 in which the commission completes the requests described in Subsection (1).
171 (3) If a member of the public requests a longitudinal data study under Subsection (1),
172 the commission shall:
173 (a) evaluate the request;
174 (b) determine a reasonable estimated cost for the request;
175 (c) provide the member of the public with a cost estimate; and
176 (d) require, before accepting a request, the member of the public to agree to pay, once
177 the request is complete, the full cost of the request as determined by the commission under
178 Subsection (7).
179 (4) The commission shall establish, by rule made in accordance with Title 63G,
180 Chapter 3, Utah Administrative Rulemaking Act:
181 (a) procedures for making a longitudinal data study request under this section;
182 (b) criteria to determine how to prioritize longitudinal data study requests; and
183 (c) minimum standards for information an individual is required to include in a request.
184 (5) The commission shall post a completed report prepared under this section on the
185 commission's website.
186 (6) The commission shall de-identify the data in a completed report before the
187 commission posts a completed report on the commission's website under Subsection (5).
188 (7) The commission shall establish, by rule made in accordance with Title 63G,
189 Chapter 3, Utah Administrative Rulemaking Act, based on the commission's reasonable cost of
190 labor and equipment, a fee schedule for a longitudinal data study request by a member of the
191 public under Subsection (3).
192 (8) (a) The commission shall use the fees the commission collects under this section to
193 cover the commission's costs to administer this chapter.
194 (b) The commission shall deposit any funds not used to cover the commission's costs
195 into the General Fund.
196 Section 8. Section 63F-3-303 is enacted to read:
197 63F-3-303. Request for removal.
198 (1) An individual owns a connected record about the individual contained in the Utah
199 Longitudinal Database.
200 (2) An individual may request to have the individual's records removed from the Utah
201 Longitudinal Database.
202 (3) If an individual submits a removal request described in Subsection (2), the
203 commission shall remove the individual's records from the Utah Longitudinal Database.
204 (4) The commission shall develop an Internet website that allows an individual to
205 submit the removal request described in Subsection (2).
206 Section 9. Appropriation.
207 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
208 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
209 are appropriated from resources not otherwise appropriated, or reduced from amounts
210 previously appropriated, out of the funds or accounts indicated. These sums of money are in
211 addition to any amounts previously appropriated for fiscal year 2017.
212 To Utah Education and Telehealth Network - Utah Education and Telehealth Network
213 From Education Fund
($645,000)
214 Schedule of Programs:
215 Statewide Data Alliance ($645,000)
216 To State Board of Education - State Office of Education
217 From Education Fund
($355,000)
218 Schedule of Programs:
219 Board and Administration ($355,000)
220 To Utah College of Applied Technology - Administration
221 From Education Fund
($245,000)
222 Schedule of Programs:
223 Administration ($245,000)
224 To State Board of Regents - Administration
225 From Education Fund
($245,000)
226 Schedule of Programs:
227 Administration ($245,000)
228 To University of Utah - Education and General
229 From Education Fund
($310,000)
230 Schedule of Programs:
231 Education and General ($310,000)
232 To Utah Data Commission
233 From Education Fund
$1,800,000
234 Schedule of Programs:
235 Utah Data Commission $1,800,000
236 Section 10. Effective date.
237 This bill takes effect on July 1, 2016.
Legislative Review Note
Office of Legislative Research and General Counsel