This document includes House Floor Amendments incorporated into the bill on Fri, Feb 24, 2017 at 11:53 AM by jeyring.
Representative Kim F. Coleman proposes the following substitute bill:





Chief Sponsor: Kim F. Coleman

Senate Sponsor: Curtis S. Bramble


9     General Description:
10          This bill enacts provisions relating to governmental nonprofit corporations.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸      adds a sunset date for a portion of a definition;
15          ▸     imposes requirements on the board of a governmental nonprofit corporation;
16          ▸     requires a governmental nonprofit corporation to comply with certain meeting
17     requirements;
18          ▸     subjects a governmental nonprofit corporation to:
19               •     certain fiscal procedures;
20               •     the Open and Public Meetings Act; and
21               •     the Government Records Access and Management Act; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          11-13-501, as enacted by Laws of Utah 2015, Chapter 265
30          51-2a-102, as last amended by Laws of Utah 2015, Chapters 138 and 407
31          51-2a-403, as enacted by Laws of Utah 2004, Chapter 206
32          52-4-103, as last amended by Laws of Utah 2016, Chapter 77
33          63G-2-103, as last amended by Laws of Utah 2015, Chapter 265
34          63I-2-211, as enacted by Laws of Utah 2015, Chapter 250
35     ENACTS:
36          11-13a-101, Utah Code Annotated 1953
37          11-13a-102, Utah Code Annotated 1953
38          11-13a-103, Utah Code Annotated 1953
39          11-13a-104, Utah Code Annotated 1953

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 11-13-501 is amended to read:
43          11-13-501. Definitions.
44          As used in this part:
45          (1) "Appropriation" means an allocation of money by the governing board in a budget
46     for a specific purpose.
47          (2) "Budget" means a plan of financial operations for a fiscal year that embodies
48     estimates of proposed expenditures for given purposes and the proposed means of financing
49     them, and may refer to the budget of a particular fund for which a budget is required by law or
50     may refer collectively to the budgets for all required funds.
51          (3) "Budget officer" means the person appointed by an interlocal entity governing
52     board to prepare the budget for the interlocal entity.
53          (4) "Budget year" means the fiscal year for which a budget is prepared.
54          (5) "Calendar year entity" means an interlocal entity whose fiscal year begins January 1
55     and ends December 31 of each calendar year as described in Section 11-13-503.
56          (6) "Current year" means the fiscal year in which a budget is prepared and adopted, and

57     which is the fiscal year immediately preceding the budget year.
58          (7) "Deficit" means the occurrence when expenditures exceed revenues.
59          (8) "Enterprise fund" has the meaning provided in generally accepted accounting
60     principles.
61          (9) "Estimated revenue" means the amount of revenue estimated to be received from all
62     sources during the budget year in each fund for which a budget is being prepared.
63          (10) "Fiscal year" means the annual period for accounting for fiscal operations in an
64     interlocal entity.
65          (11) "Fiscal year entity" means an interlocal entity whose fiscal year begins July 1 of
66     each year and ends on June 30 of the following year as described in Section 11-13-503.
67          (12) "Fund" has the meaning provided in generally accepted accounting principles.
68          (13) "Fund balance" has the meaning provided in generally accepted accounting
69     principles.
70          (14) "General fund" has the meaning provided in generally accepted accounting
71     principles.
72          (15) "Generally accepted accounting principles" means the accounting principles and
73     standards promulgated from time to time by authoritative bodies in the United States.
74          (16) "Governmental fund" has the meaning provided in generally accepted accounting
75     principles.
76          (17) "Interfund loan" means a transfer of assets from one fund to another, subject to
77     future repayment.
78          (18) "Interlocal entity" includes a governmental nonprofit corporation, as that term is
79     defined in Section 11-13a-102.
80          [(18)] (19) "Interlocal entity general fund" means the general fund of an interlocal
81     entity.
82          [(19)] (20) "Internal service funds" has the meaning provided in generally accepted
83     accounting principles.
84          [(20)] (21) "Last completed fiscal year" means the fiscal year immediately preceding
85     the current fiscal year.
86          [(21)] (22) "Proprietary fund" means enterprise funds and the internal service funds of
87     an interlocal entity.

88          [(22)] (23) "Public funds" means any money or payment collected or received by an
89     interlocal entity, including money or payment for services or goods provided by the interlocal
90     entity.
91          [(23)] (24) "Retained earnings" has the meaning provided in generally accepted
92     accounting principles.
93          [(24)] (25) "Special fund" means an interlocal entity fund other than the interlocal
94     entity general fund.
95          Section 2. Section 11-13a-101 is enacted to read:

97          11-13a-101. Title.
98          This chapter is known as the "Governmental Nonprofit Corporations Act."
99          Section 3. Section 11-13a-102 is enacted to read:
100          11-13a-102. Definitions.
101          As used in this chapter:
102          (1) "Controlling interest" means that one or more governmental entities collectively
103     represent a majority of the board's voting power as outlined in the nonprofit corporation's
104     governing documents.
105          (2) (a) "Governing board" means the body that governs a governmental nonprofit
106     corporation.
107          (b) "Governing board" includes a board of directors.
108          (3) "Governmental entity" means the state, a county, a municipality, a local district, a
109     special service district, a school district, a state institution of higher education, or any other
110     political subdivision or administrative unit of the state.
111          (4) (a) "Governmental nonprofit corporation" means:
112          (i) a nonprofit corporation that is wholly owned or wholly controlled by one or more
113     governmental entities Ĥ→ , unless the nonprofit corporation receives no operating funding or
113a     other financial support from any governmental entity ←Ĥ ; or
114          (ii) a nonprofit corporation in which one or more governmental entities exercise a
115     controlling interest and:
116          (A) that exercises taxing authority;
117          (B) that imposes a mandatory fee for association or participation with the nonprofit
118     corporation where that association or participation is mandated by law; or

119          (C) that receives a majority of the nonprofit corporation's operating funding from one
120     or more governmental entities under the nonprofit corporation's governing documents , except
121     where voluntary membership fees, dues, or assessments compose the operating funding.
122          (b) "Governmental nonprofit corporation" does not include a water company, as that
123     term is defined in Section 16-4-102, unless the water company is wholly owned by one or more
124     governmental entities.
125          (5) "Municipality" means a city, town, or metro township.
126          Section 4. Section 11-13a-103 is enacted to read:
127          11-13a-103. Governance -- Powers of governing body.
128          (1) A governing board shall manage and direct the business and affairs of a
129     governmental nonprofit corporation.
130          (2) Each member of a governing board has and owes a fiduciary duty to the
131     governmental nonprofit corporation.
132          (3) A governing board:
133          (a) shall elect a chair from the members of the board; and
134          (b) subject to Subsection (4), may elect other officers as the board considers
135     appropriate.
136          (4) (a) One person may not hold, at the same time, the offices of chair and treasurer,
137     chair and clerk, or treasurer and clerk.
138          (b) An officer serves at the pleasure of the governing board.
139          (c) The governing board may designate a set term for each office.
140          Section 5. Section 11-13a-104 is enacted to read:
141          11-13a-104. Quorum of the governing board -- Meetings of the governing board.
142          (1) (a) A majority of the governing board constitutes a quorum for the transaction of
143     governing board business.
144          (b) Action by a majority of a quorum constitutes action of the governing board.
145          (2) The governing board shall hold regular and special meetings as the governing board
146     determines at a location that the governing board determines.
147          (3) (a) The governing board shall ensure that each meeting of the governing board
148     complies with Title 52, Chapter 4, Open and Public Meetings Act.
149          (b) Subject to Title 52, Chapter 4, Open and Public Meetings Act, a governing board

150     shall:
151          (i) adopt rules of order and procedure to govern a public meeting of the governing
152     board;
153          (ii) conduct a public meeting in accordance with the governing board's rules of order
154     and procedure; and
155          (iii) make the governing board's rules of order and procedure available to the public:
156          (A) at each meeting of the governing board; and
157          (B) on the governmental nonprofit corporation's public website, if available.
158          (4) The governing board shall comply with:
159          (a) Title 11, Chapter 13, Part 5, Fiscal Procedures for Interlocal Entities; and
160          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
161          Section 6. Section 51-2a-102 is amended to read:
162          51-2a-102. Definitions.
163          As used in this chapter:
164          (1) "Accounting reports" means an audit, a review, a compilation, or a fiscal report.
165          (2) "Audit" means an examination that:
166          (a) is performed in accordance with generally accepted government auditing standards,
167     or for a nonprofit [corporations described in Subsection (6)(f)] corporation or a governmental
168     nonprofit corporation , in accordance with generally accepted auditing standards; and
169          (b) conforms to the uniform classification of accounts established or approved by the
170     state auditor or any other classification of accounts established by any federal government
171     agency.
172          (3) "Audit report" means:
173          (a) the financial statements presented in conformity with generally accepted accounting
174     principles;
175          (b) the auditor's opinion on the financial statements;
176          (c) a statement by the auditor expressing positive assurance of compliance with state
177     fiscal laws identified by the state auditor;
178          (d) a copy of the auditor's letter to management that identifies any material weakness in
179     internal controls discovered by the auditor and other financial issues related to the expenditure
180     of funds received from federal, state, or local governments to be considered by management;

181     and
182          (e) management's response to the specific recommendations.
183          (4) "Compilation" means information presented in the form of financial statements
184     presented in conformity with generally accepted accounting principles that are the
185     representation of management without the accountant undertaking to express any assurances on
186     the statements.
187          (5) "Fiscal report" means providing information detailing revenues and expenditures of
188     all funds in a format prescribed by the state auditor.
189          (6) "Governing board" means:
190          (a) the governing board of each political subdivision;
191          (b) the governing board of each interlocal organization having the power to tax or to
192     expend public funds;
193          (c) the governing board of any local mental health authority established under the
194     authority of Title 62A, Chapter 15, Substance Abuse and Mental Health Act;
195          (d) the governing board of any substance abuse authority established under the
196     authority of Title 62A, Chapter 15, Substance Abuse and Mental Health Act;
197          (e) the governing board of any area agency established under the authority of Title
198     62A, Chapter 3, Aging and Adult Services;
199          (f) the [governing] board of directors of any nonprofit corporation that receives an
200     amount of money requiring an accounting report under Section 51-2a-201.5;
201          (g) the governing board, as that term is defined in Section 11-13a-102, of a
202     governmental nonprofit corporation;
203          [(g)] (h) the governing board of any other entity established by a local governmental
204     unit that receives tax exempt status for bonding or taxing purposes; and
205          [(h)] (i) in municipalities organized under an optional form of municipal government,
206     the municipal legislative body.
207          (7) "Governmental nonprofit corporation" means the same as that term is defined in
208     Section 11-13a-102.
209          (8) "Nonprofit corporation" does not include a governmental nonprofit corporation.
210          [(7)] (9) "Review" means performing inquiry and analytical procedures that provide the
211     accountant with a reasonable basis for expressing limited assurance that there are no material

212     modifications that should be made to the financial statements for them to be in conformity with
213     generally accepted accounting principles.
214          Section 7. Section 51-2a-403 is amended to read:
215          51-2a-403. General Fund reimbursed for accounting report of nonappropriated
216     activities -- Amount of reimbursement.
217          (1) The General Fund shall be reimbursed by the entity for which an audit, review, or
218     compilation are in whole or in part performed, whenever the state auditor or legislative auditor
219     general is required by law or constitutional provision to perform that audit, review, or
220     compilation or cause that audit, review, or compilation to be made for any office, department,
221     division, board, agency, commission, council, authority, institution, hospital, school, college,
222     university, or other instrumentality of the state or any of its political subdivisions for
223     nonappropriated activities, including associated students' accounts, auxiliary enterprise funds,
224     nonprofit corporations, governmental nonprofit corporations, contracts with the federal
225     government, federal grants-in-aid, and federal assistance programs.
226          (2) (a) The reimbursement amount shall be a pro rata share of that auditor's total cost,
227     based upon a time-spent factor.
228          (b) An audit includes an audit of state-appropriated funds.
229          (i) If state-appropriated funds are not involved in the accounting report, the
230     reimbursement may not be less than the average hourly cost of the operations of that auditor's
231     office nor more than the average rate attainable from certified public accounting firms
232     performing similar services for this state.
233          (ii) Reimbursement charges may be negotiated with that auditor's office within these
234     limitations.
235          Section 8. Section 52-4-103 is amended to read:
236          52-4-103. Definitions.
237          As used in this chapter:
238          (1) "Anchor location" means the physical location from which:
239          (a) an electronic meeting originates; or
240          (b) the participants are connected.
241          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
242     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake

243     City.
244          (3) "Convening" means the calling together of a public body by a person authorized to
245     do so for the express purpose of discussing or acting upon a subject over which that public
246     body has jurisdiction or advisory power.
247          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
248     conference using electronic communications.
249          (5) "Electronic message" means a communication transmitted electronically, including:
250          (a) electronic mail;
251          (b) instant messaging;
252          (c) electronic chat;
253          (d) text messaging as defined in Section 76-4-401; or
254          (e) any other method that conveys a message or facilitates communication
255     electronically.
256          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
257     quorum present, including a workshop or an executive session, whether in person or by means
258     of electronic communications, for the purpose of discussing, receiving comments from the
259     public about, or acting upon a matter over which the public body or specific body has
260     jurisdiction or advisory power.
261          (b) "Meeting" does not mean:
262          (i) a chance gathering or social gathering; or
263          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
264     accordance with Section 59-1-405.
265          (c) "Meeting" does not mean the convening of a public body that has both legislative
266     and executive responsibilities if:
267          (i) no public funds are appropriated for expenditure during the time the public body is
268     convened; and
269          (ii) the public body is convened solely for the discussion or implementation of
270     administrative or operational matters:
271          (A) for which no formal action by the public body is required; or
272          (B) that would not come before the public body for discussion or action.
273          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the

274     public statements of each member of the public body who is participating in a meeting.
275          (8) "Participate" means the ability to communicate with all of the members of a public
276     body, either verbally or electronically, so that each member of the public body can hear or
277     observe the communication.
278          (9) (a) "Public body" means any administrative, advisory, executive, or legislative body
279     of the state or its political subdivisions that:
280          (i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
281          (ii) consists of two or more persons;
282          (iii) expends, disburses, or is supported in whole or in part by tax revenue; and
283          (iv) is vested with the authority to make decisions regarding the public's business.
284          (b) "Public body" includes[,]:
285          (i) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
286     undertaking[.]; and
287          (ii) as defined in Section 11-13a-102, a governmental nonprofit corporation.
288          (c) "Public body" does not include a:
289          (i) political party, political group, or political caucus;
290          (ii) conference committee, rules committee, or sifting committee of the Legislature; or
291          (iii) school community council or charter trust land council as defined in Section
292     53A-1a-108.1.
293          (10) "Public statement" means a statement made in the ordinary course of business of
294     the public body with the intent that all other members of the public body receive it.
295          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
296     otherwise defined by applicable law.
297          (b) "Quorum" does not include a meeting of two elected officials by themselves when
298     no action, either formal or informal, is taken on a subject over which these elected officials
299     have advisory power.
300          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
301     meeting that can be used to review the proceedings of the meeting.
302          (13) "Specified body":
303          (a) means an administrative, advisory, executive, or legislative body that:
304          (i) is not a public body;

305          (ii) consists of three or more members; and
306          (iii) includes at least one member who is:
307          (A) a legislator; and
308          (B) officially appointed to the body by the president of the Senate, speaker of the
309     House of Representatives, or governor; and
310          (b) does not include a body listed in Subsection (9)(c)(ii).
311          (14) "Transmit" means to send, convey, or communicate an electronic message by
312     electronic means.
313          Section 9. Section 63G-2-103 is amended to read:
314          63G-2-103. Definitions.
315          As used in this chapter:
316          (1) "Audit" means:
317          (a) a systematic examination of financial, management, program, and related records
318     for the purpose of determining the fair presentation of financial statements, adequacy of
319     internal controls, or compliance with laws and regulations; or
320          (b) a systematic examination of program procedures and operations for the purpose of
321     determining their effectiveness, economy, efficiency, and compliance with statutes and
322     regulations.
323          (2) "Chronological logs" mean the regular and customary summary records of law
324     enforcement agencies and other public safety agencies that show:
325          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
326     and
327          (b) any arrests or jail bookings made by the agency.
328          (3) "Classification," "classify," and their derivative forms mean determining whether a
329     record series, record, or information within a record is public, private, controlled, protected, or
330     exempt from disclosure under Subsection 63G-2-201(3)(b).
331          (4) (a) "Computer program" means:
332          (i) a series of instructions or statements that permit the functioning of a computer
333     system in a manner designed to provide storage, retrieval, and manipulation of data from the
334     computer system; and
335          (ii) any associated documentation and source material that explain how to operate the

336     computer program.
337          (b) "Computer program" does not mean:
338          (i) the original data, including numbers, text, voice, graphics, and images;
339          (ii) analysis, compilation, and other manipulated forms of the original data produced by
340     use of the program; or
341          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
342     algorithms contained in the program, that would be used if the manipulated forms of the
343     original data were to be produced manually.
344          (5) (a) "Contractor" means:
345          (i) any person who contracts with a governmental entity to provide goods or services
346     directly to a governmental entity; or
347          (ii) any private, nonprofit organization that receives funds from a governmental entity.
348          (b) "Contractor" does not mean a private provider.
349          (6) "Controlled record" means a record containing data on individuals that is controlled
350     as provided by Section 63G-2-304.
351          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
352     governmental entity's familiarity with a record series or based on a governmental entity's
353     review of a reasonable sample of a record series, the primary classification that a majority of
354     records in a record series would be given if classified and the classification that other records
355     typically present in the record series would be given if classified.
356          (8) "Elected official" means each person elected to a state office, county office,
357     municipal office, school board or school district office, local district office, or special service
358     district office, but does not include judges.
359          (9) "Explosive" means a chemical compound, device, or mixture:
360          (a) commonly used or intended for the purpose of producing an explosion; and
361          (b) that contains oxidizing or combustive units or other ingredients in proportions,
362     quantities, or packing so that:
363          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
364     compound or mixture may cause a sudden generation of highly heated gases; and
365          (ii) the resultant gaseous pressures are capable of:
366          (A) producing destructive effects on contiguous objects; or

367          (B) causing death or serious bodily injury.
368          (10) "Government audit agency" means any governmental entity that conducts an audit.
369          (11) (a) "Governmental entity" means:
370          (i) executive department agencies of the state, the offices of the governor, lieutenant
371     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
372     the Board of Examiners, the National Guard, the Career Service Review Office, the State
373     Board of Education, the State Board of Regents, and the State Archives;
374          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
375     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
376     committees, except any political party, group, caucus, or rules or sifting committee of the
377     Legislature;
378          (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
379     administrative units in the judicial branch;
380          (iv) any state-funded institution of higher education or public education; or
381          (v) any political subdivision of the state, but, if a political subdivision has adopted an
382     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
383     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
384     as specified in any other section of this chapter that specifically refers to political subdivisions.
385          (b) "Governmental entity" also means:
386          (i) every office, agency, board, bureau, committee, department, advisory board, or
387     commission of an entity listed in Subsection (11)(a) that is funded or established by the
388     government to carry out the public's business; [and]
389          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
390     undertaking[.]; and
391          (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation.
392          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
393     in Section 53B-8a-103.
394          (12) "Gross compensation" means every form of remuneration payable for a given
395     period to an individual for services provided including salaries, commissions, vacation pay,
396     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
397     similar benefit received from the individual's employer.

398          (13) "Individual" means a human being.
399          (14) (a) "Initial contact report" means an initial written or recorded report, however
400     titled, prepared by peace officers engaged in public patrol or response duties describing official
401     actions initially taken in response to either a public complaint about or the discovery of an
402     apparent violation of law, which report may describe:
403          (i) the date, time, location, and nature of the complaint, the incident, or offense;
404          (ii) names of victims;
405          (iii) the nature or general scope of the agency's initial actions taken in response to the
406     incident;
407          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
408          (v) the name, address, and other identifying information about any person arrested or
409     charged in connection with the incident; or
410          (vi) the identity of the public safety personnel, except undercover personnel, or
411     prosecuting attorney involved in responding to the initial incident.
412          (b) Initial contact reports do not include follow-up or investigative reports prepared
413     after the initial contact report. However, if the information specified in Subsection (14)(a)
414     appears in follow-up or investigative reports, it may only be treated confidentially if it is
415     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
416          (15) "Legislative body" means the Legislature.
417          (16) "Notice of compliance" means a statement confirming that a governmental entity
418     has complied with a records committee order.
419          (17) "Person" means:
420          (a) an individual;
421          (b) a nonprofit or profit corporation;
422          (c) a partnership;
423          (d) a sole proprietorship;
424          (e) other type of business organization; or
425          (f) any combination acting in concert with one another.
426          (18) "Private provider" means any person who contracts with a governmental entity to
427     provide services directly to the public.
428          (19) "Private record" means a record containing data on individuals that is private as

429     provided by Section 63G-2-302.
430          (20) "Protected record" means a record that is classified protected as provided by
431     Section 63G-2-305.
432          (21) "Public record" means a record that is not private, controlled, or protected and that
433     is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
434          (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
435     card, tape, recording, electronic data, or other documentary material regardless of physical form
436     or characteristics:
437          (i) that is prepared, owned, received, or retained by a governmental entity or political
438     subdivision; and
439          (ii) where all of the information in the original is reproducible by photocopy or other
440     mechanical or electronic means.
441          (b) "Record" does not mean:
442          (i) a personal note or personal communication prepared or received by an employee or
443     officer of a governmental entity:
444          (A) in a capacity other than the employee's or officer's governmental capacity; or
445          (B) that is unrelated to the conduct of the public's business;
446          (ii) a temporary draft or similar material prepared for the originator's personal use or
447     prepared by the originator for the personal use of an individual for whom the originator is
448     working;
449          (iii) material that is legally owned by an individual in the individual's private capacity;
450          (iv) material to which access is limited by the laws of copyright or patent unless the
451     copyright or patent is owned by a governmental entity or political subdivision;
452          (v) proprietary software;
453          (vi) junk mail or a commercial publication received by a governmental entity or an
454     official or employee of a governmental entity;
455          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
456     of a library open to the public;
457          (viii) material that is cataloged, indexed, or inventoried and contained in the collections
458     of a library open to the public, regardless of physical form or characteristics of the material;
459          (ix) a daily calendar or other personal note prepared by the originator for the

460     originator's personal use or for the personal use of an individual for whom the originator is
461     working;
462          (x) a computer program that is developed or purchased by or for any governmental
463     entity for its own use;
464          (xi) a note or internal memorandum prepared as part of the deliberative process by:
465          (A) a member of the judiciary;
466          (B) an administrative law judge;
467          (C) a member of the Board of Pardons and Parole; or
468          (D) a member of any other body charged by law with performing a quasi-judicial
469     function;
470          (xii) a telephone number or similar code used to access a mobile communication
471     device that is used by an employee or officer of a governmental entity, provided that the
472     employee or officer of the governmental entity has designated at least one business telephone
473     number that is a public record as provided in Section 63G-2-301;
474          (xiii) information provided by the Public Employees' Benefit and Insurance Program,
475     created in Section 49-20-103, to a county to enable the county to calculate the amount to be
476     paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
477          (xiv) information that an owner of unimproved property provides to a local entity as
478     provided in Section 11-42-205; or
479          (xv) a video or audio recording of an interview, or a transcript of the video or audio
480     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102.
481          (23) "Record series" means a group of records that may be treated as a unit for
482     purposes of designation, description, management, or disposition.
483          (24) "Records committee" means the State Records Committee created in Section
484     63G-2-501.
485          (25) "Records officer" means the individual appointed by the chief administrative
486     officer of each governmental entity, or the political subdivision to work with state archives in
487     the care, maintenance, scheduling, designation, classification, disposal, and preservation of
488     records.
489          (26) "Schedule," "scheduling," and their derivative forms mean the process of
490     specifying the length of time each record series should be retained by a governmental entity for

491     administrative, legal, fiscal, or historical purposes and when each record series should be
492     transferred to the state archives or destroyed.
493          (27) "Sponsored research" means research, training, and other sponsored activities as
494     defined by the federal Executive Office of the President, Office of Management and Budget:
495          (a) conducted:
496          (i) by an institution within the state system of higher education defined in Section
497     53B-1-102; and
498          (ii) through an office responsible for sponsored projects or programs; and
499          (b) funded or otherwise supported by an external:
500          (i) person that is not created or controlled by the institution within the state system of
501     higher education; or
502          (ii) federal, state, or local governmental entity.
503          (28) "State archives" means the Division of Archives and Records Service created in
504     Section 63A-12-101.
505          (29) "State archivist" means the director of the state archives.
506          (30) "Summary data" means statistical records and compilations that contain data
507     derived from private, controlled, or protected information but that do not disclose private,
508     controlled, or protected information.
509          Section 10. Section 63I-2-211 is amended to read:
510          63I-2-211. Repeal dates -- Title 11.
511          (1) (a) On July 1, 2019, Subsection 11-13a-102 Ĥ→ [
(3)] (4) ←Ĥ (b) is repealed.
512          (b) When repealing Subsection 11-13a-102 Ĥ→ [
(3)] (4) ←Ĥ (b), the Office of
512a     Legislative Research
513     and General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3),
514     make necessary changes to subsection numbering and cross references.
515          (2) Title 11, Chapter 53, Residential Property Reimbursement, is repealed on January
516     1, 2020.