This document includes House Committee Amendments incorporated into the bill on Wed, Mar 1, 2017 at 12:39 PM by ryoung.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 11:05 AM by lpoole.
Representative Francis D. Gibson proposes the following substitute bill:




Chief Sponsor: Francis D. Gibson

Senate Sponsor: Daniel Hemmert


8     General Description:
9          This bill enacts language governing a public school's membership in certain
10     associations.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits a public school from membership in certain associations after July 1,
15     2017;
16          ▸     establishes requirements for the membership of an association governing body;
17          ▸     requires an association to provide certain reports to the State Board of Education;
18          ▸     requires an association to follow certain budgetary procedures;
19          ▸     establishes an appeals panel to hear an appeal of certain decisions by an association;
20          ▸     requires an association to comply with:
21               •     Title 52, Chapter 4, Open and Public Meetings Act;
22               •     Title 63G, Chapter 2, Government Records Access and Management Act; and
23               •     Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:

26          This bill appropriates:
27          ▸     to the State Board of Education -- State Administrative Office, an ongoing
28     appropriation:
29               •     from the General Fund, $15,000.
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          52-4-103, as last amended by Laws of Utah 2016, Chapter 77
35          63A-3-106, as last amended by Laws of Utah 2016, Chapter 298
36          63G-2-103, as last amended by Laws of Utah 2015, Chapter 265
37          67-16-3, as last amended by Laws of Utah 2012, Chapter 202
38     ENACTS:
39          53A-1-1601, Utah Code Annotated 1953
40          53A-1-1602, Utah Code Annotated 1953
41          53A-1-1603, Utah Code Annotated 1953
42          53A-1-1604, Utah Code Annotated 1953
43          53A-1-1605, Utah Code Annotated 1953
44          53A-1-1606, Utah Code Annotated 1953

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 52-4-103 is amended to read:
48          52-4-103. Definitions.
49          As used in this chapter:
50          (1) "Anchor location" means the physical location from which:
51          (a) an electronic meeting originates; or
52          (b) the participants are connected.
53          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
54     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
55     City.
56          (3) "Convening" means the calling together of a public body by a person authorized to

57     do so for the express purpose of discussing or acting upon a subject over which that public
58     body has jurisdiction or advisory power.
59          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
60     conference using electronic communications.
61          (5) "Electronic message" means a communication transmitted electronically, including:
62          (a) electronic mail;
63          (b) instant messaging;
64          (c) electronic chat;
65          (d) text messaging as defined in Section 76-4-401; or
66          (e) any other method that conveys a message or facilitates communication
67     electronically.
68          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
69     quorum present, including a workshop or an executive session, whether in person or by means
70     of electronic communications, for the purpose of discussing, receiving comments from the
71     public about, or acting upon a matter over which the public body or specific body has
72     jurisdiction or advisory power.
73          (b) "Meeting" does not mean:
74          (i) a chance gathering or social gathering; or
75          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
76     accordance with Section 59-1-405.
77          (c) "Meeting" does not mean the convening of a public body that has both legislative
78     and executive responsibilities if:
79          (i) no public funds are appropriated for expenditure during the time the public body is
80     convened; and
81          (ii) the public body is convened solely for the discussion or implementation of
82     administrative or operational matters:
83          (A) for which no formal action by the public body is required; or
84          (B) that would not come before the public body for discussion or action.
85          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
86     public statements of each member of the public body who is participating in a meeting.
87          (8) "Participate" means the ability to communicate with all of the members of a public

88     body, either verbally or electronically, so that each member of the public body can hear or
89     observe the communication.
90          (9) (a) "Public body" means:
91          (i) any administrative, advisory, executive, or legislative body of the state or its
92     political subdivisions that:
93          [(i)] (A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
94          [(ii)] (B) consists of two or more persons;
95          [(iii)] (C) expends, disburses, or is supported in whole or in part by tax revenue; and
96          [(iv)] (D) is vested with the authority to make decisions regarding the public's
97     business[.]; or
98          (ii) any administrative, advisory, executive, or policymaking body of an association, as
99     defined in Section 53A-1-1601, that:
100          (A) consists of two or more persons;
101          (B) expends, disburses, or is supported in whole or in part by dues paid by a public
102     school or whose employees participate in a benefit or program described in Title 49, Utah State
103     Retirement and Insurance Benefit Act; and
104          (C) is vested with authority to make decisions regarding the participation of a public
105     school or student in an interscholastic activity as defined in Section 53A-1-1601.
106          (b) "Public body" includes, as defined in Section 11-13-103, an interlocal entity or joint
107     or cooperative undertaking.
108          (c) "Public body" does not include a:
109          (i) political party, political group, or political caucus;
110          (ii) conference committee, rules committee, or sifting committee of the Legislature; or
111          (iii) school community council or charter trust land council as defined in Section
112     53A-1a-108.1.
113          (10) "Public statement" means a statement made in the ordinary course of business of
114     the public body with the intent that all other members of the public body receive it.
115          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
116     otherwise defined by applicable law.
117          (b) "Quorum" does not include a meeting of two elected officials by themselves when
118     no action, either formal or informal, is taken on a subject over which these elected officials

119     have advisory power.
120          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
121     meeting that can be used to review the proceedings of the meeting.
122          (13) "Specified body":
123          (a) means an administrative, advisory, executive, or legislative body that:
124          (i) is not a public body;
125          (ii) consists of three or more members; and
126          (iii) includes at least one member who is:
127          (A) a legislator; and
128          (B) officially appointed to the body by the president of the Senate, speaker of the
129     House of Representatives, or governor; and
130          (b) does not include a body listed in Subsection (9)(c)(ii).
131          (14) "Transmit" means to send, convey, or communicate an electronic message by
132     electronic means.
133          Section 2. Section 53A-1-1601 is enacted to read:
Part 16. Public School Membership in Associations

135          53A-1-1601. Definitions.
136          As used in this part:
137          (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
138     assigning a public school a classification or region.
139          (2) "Appeals panel" means the appeals panel created in Section 53A-1-1606.
140          (3) (a) "Association" means an organization that governs or regulates a student's
141     participation in an Ŝ→ athletic ←Ŝ interscholastic activity.
142          (b) "Association" does not include an institution of higher education described in
143     Section 53B-1-102.
144          (4) "Classification" means the designation of a school based on the size of the school's
145     student enrollment population for purposes of interscholastic activities.
146          (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
147     or governed by an association.
148          (6) "Governing body" means a body within an association that:
149          (a) is responsible for:

150          (i) adopting rules or policies that govern interscholastic activities or the administration
151     of the association;
152          (ii) adopting or amending the association's governing document or bylaws;
153          (iii) enforcing the rules and policies of the association; and
154          (iv) adopting the association's budget; and
155          (b) has oversight of other boards, committees, councils, or bodies within the
156     association.
157          (7) "Interscholastic activity" means an activity within the state in which:
158          (a) a student that participates represents the student's school in the activity; and
159          (b) the participating student is enrolled in grade 9, 10, 11, or 12.
160          (8) "Public hearing" means a hearing at which members of the public are provided a
161     reasonable opportunity to comment on the subject of the hearing.
162          (9) "Region" means a grouping of schools of the same classification for purposes of
163     interscholastic activities.
164          Section 3. Section 53A-1-1602 is enacted to read:
165          53A-1-1602. Public schools prohibited from membership.
166          (1) A public school may not be a member of or Ĥ→ [
pays due] pay dues ←Ĥ to an
166a     association that is not in
167     compliance on or after July 1, 2017, with:
168          (a) this part;
169          (b) Title 52, Chapter 4, Open and Public Meetings Act;
170          (c) Title 63G, Chapter 2, Government Records Access and Management Act; and
171          (d) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
172          (2) Unless otherwise specified, an association's compliance with or an association
173     employee or officer's compliance with the provisions described in Subsection (1) does not alter:
174          (a) the association's public or private status; or
175          (b) the public or private employment status of the employee or officer.
176          Section 4. Section 53A-1-1603 is enacted to read:
177          53A-1-1603. Governing body membership.
178          (1) (a) A governing body shall have 15 members as follows:
179          (i) six members who:
180          (A) are each an elected member of a local school board; and

181          (B) each represent a different classification;
182          (ii) (A) one school superintendent representing the two largest classifications;
183          (B) one school superintendent representing the two classifications that are next in
184     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
185     and
186          (C) one school superintendent representing the two classifications that are next in
187     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
188          (iii) (A) one school principal representing the two largest classifications;
189          (B) one school principal representing the two classifications that are next in
190     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
191     and
192          (C) one school principal representing the two classifications that are next in
193     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
194          (iv) one representative of charter schools;
195          (v) one representative of private schools, if private schools are members of or regulated
196     by the association; and
197          (vi) one member representing the State Board of Education.
198          (b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
199     elected or appointed by or represent charter or private schools on the governing body.
200          (2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
201     appointed, or otherwise selected in accordance with association rule or policy to the extent the
202     selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
203          (b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
204     the State Board of Education or the chair's designee if the designee is an elected member of the
205     State Board of Education.
206          Section 5. Section 53A-1-1604 is enacted to read:
207          53A-1-1604. Reporting requirements.
208          An association shall provide a verbal report, accompanied by a written report, annually
209     to the State Board of Education, including:
210          (1) the association's annual budget in accordance with Section 53A-1-1605;
211          (2) a schedule of events scheduled or facilitated by the association;

212          (3) procedures for alignment or realignment;
213          (4) any amendments or changes to the association's governing document or bylaws; and
214          (5) any other information requested by the State Board of Education.
215          Section 6. Section 53A-1-1605 is enacted to read:
216          53A-1-1605. Association budgets.
217          (1) An association shall:
218          (a) adopt a budget in accordance with this section; and
219          (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
220     be in accordance with generally accepted accounting principles or auditing standards.
221          (2) An association budget officer or executive director shall annually prepare a
222     tentative budget, with supporting documentation, to be submitted to the governing body.
223          (3) The tentative budget and supporting documents shall include the following items:
224          (a) the revenues and expenditures of the preceding fiscal year;
225          (b) the estimated revenues and expenditures of the current fiscal year;
226          (c) a detailed estimate of the essential expenditures for all purposes for the next
227     succeeding fiscal year; and
228          (d) the estimated financial condition of the association by funds at the close of the
229     current fiscal year.
230          (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
231     before the date of the tentative budget's proposed adoption by the governing body.
232          (5) The governing body shall adopt a budget.
233          (6) Before the adoption or amendment of a budget, the governing body shall hold a
234     public hearing on the proposed budget or budget amendment.
235          (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
236     Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
237     public hearing, a governing body shall:
238          (i) publish a notice of the public hearing electronically in accordance with Section
239     Ĥ→ [
45-1-101] 63F-1-701 ←Ĥ ; and
240          (ii) post the proposed budget on the association's Internet website.
241          (b) A notice of a public hearing on an association's proposed budget shall include
242     information on how the public may access the proposed budget as provided in Subsection

243     (7)(a).
244          (8) No later than September 30 of each year, the governing body shall file a copy of the
245     adopted budget with the state auditor and the State Board of Education.
246          Section 7. Section 53A-1-1606 is enacted to read:
247          53A-1-1606. Procedures for disputes -- Appeals -- Appeals panel -- Compensation.
248          (1) (a) An association shall establish a uniform procedure for hearing and deciding:
249          (i) disputes;
250          (ii) allegations of violations of the association's rules or policies;
251          (iii) requests to establish eligibility after a student transfers schools; and
252          (iv) disputes related to alignment or realignment.
253          (b) An individual may appeal to an appeals panel established in this section an
254     association decision regarding a request to establish eligibility after a student transfers schools.
255          (2) (a) There is established an appeals panel for an association decision described in
256     Subsection (1)(b).
257          (b) The appeals panel shall consist of the following three members:
258          (i) a judge or attorney who is not employed by, or contracts with, a school;
259          (ii) a retired educator, principal, or superintendent; and
260          (iii) a retired athletic director or coach.
261          (c) A review and decision by the appeals panel is limited to whether the association
262     properly followed the association's rules and procedures in regard to a decision described in
263     Subsection (1)(b).
264          (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
265          (ii) The appeals panel shall review an appeal and issue a written decision explaining
266     the appeals panel's decision no later than 10 business days after an appeal is filed.
267          (e) The appeals panel's decision is final.
268          (3) (a) The State Board of Education shall appoint the members of the appeals panel
269     described in Subsection (2):
270          (i) from the association's nominations described in Subsection (3)(b); and
271          (ii) in accordance with the State Board of Education's appointment process.
272          (b) (i) The association shall nominate up to three individuals for each position
273     described in Subsection (2) for the State Board of Education's consideration.

274          (ii) If the State Board of Education refuses to appoint members to the panel who were
275     nominated by the association as described in Subsection (3)(b)(i), the State Board of Education
276     shall request additional nominations from the association.
277          (iii) No later than 45 days after the association provides the nominations, the State
278     Board of Education shall appoint to the appeals panel an individual from the names provided
279     by the association.
280          (c) For the initial membership, the State Board of Education shall appoint two of the
281     positions having an initial term of three years and one position having an initial term of two
282     years.
283          (d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
284     the State Board of Education shall appoint each new member or reappointed member to a
285     two-year term.
286          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
287     appointed for the unexpired term.
288          (4) The State Board of Education shall reimburse an association for per diem and travel
289     expenses of members of the appeals panel.
290          Section 8. Section 63A-3-106 is amended to read:
291          63A-3-106. Per diem rates for board members.
292          (1) As used in this section and Section 63A-3-107:
293          (a) "Board" means a board, commission, council, committee, task force, or similar
294     body established to perform a governmental function.
295          (b) "Board member" means a person appointed or designated by statute to serve on a
296     board.
297          (c) "Executive branch" means an agency within the executive branch of state
298     government.
299          (d) (i) "Governmental entity" has the same meaning, except as provided in Subsection
300     (1)(d)(ii), as provided under Section 63G-2-103.
301          (ii) "Governmental entity" does not include an association as defined in Section
302     53A-16-101.
303          (e) "Higher education" means a state institution of higher education, as defined under
304     Section 53B-1-102.

305          (f) "Officer" means a person who is elected or appointed to an office or position within
306     a governmental entity.
307          (g) "Official meeting" means a meeting of a board that is called in accordance with
308     statute.
309          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
310     subject to approval by the executive director, the director of the Division of Finance shall make
311     rules establishing per diem rates to defray subsistence costs for a board member's attendance at
312     an official meeting.
313          (3) Unless otherwise provided by statute, a per diem rate established under Subsection
314     (2) is applicable to a board member who serves:
315          (a) within the executive branch, except as provided under Subsection (3)(b);
316          (b) within higher education, unless higher education pays the costs of the per diem;
317          (c) on a board that is:
318          (i) not included under Subsection (3)(a) or (b); and
319          (ii) created by a statute that adopts the per diem rates by reference to:
320          (A) this section; and
321          (B) the rule authorized by this section; and
322          (d) within a government entity that is not included under Subsection (3)(a), if the
323     government entity adopts the per diem rates by reference to:
324          (i) this section; or
325          (ii) the rule establishing the per diem rates.
326          (4) (a) Unless otherwise provided by statute, a board member who is not a legislator
327     may receive per diem under this section and travel expenses under Section 63A-3-107 if the per
328     diem and travel expenses are incurred by the board member for attendance at an official
329     meeting.
330          (b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
331     travel expenses under this Subsection (4) if the board member is being paid by a governmental
332     entity while performing the board member's service on the board.
333          (5) A board member may decline to receive per diem for the board member's service.
334          (6) Compensation and expenses of a board member who is a legislator are governed by
335     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.

336          Section 9. Section 63G-2-103 is amended to read:
337          63G-2-103. Definitions.
338          As used in this chapter:
339          (1) "Audit" means:
340          (a) a systematic examination of financial, management, program, and related records
341     for the purpose of determining the fair presentation of financial statements, adequacy of
342     internal controls, or compliance with laws and regulations; or
343          (b) a systematic examination of program procedures and operations for the purpose of
344     determining their effectiveness, economy, efficiency, and compliance with statutes and
345     regulations.
346          (2) "Chronological logs" mean the regular and customary summary records of law
347     enforcement agencies and other public safety agencies that show:
348          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
349     and
350          (b) any arrests or jail bookings made by the agency.
351          (3) "Classification," "classify," and their derivative forms mean determining whether a
352     record series, record, or information within a record is public, private, controlled, protected, or
353     exempt from disclosure under Subsection 63G-2-201(3)(b).
354          (4) (a) "Computer program" means:
355          (i) a series of instructions or statements that permit the functioning of a computer
356     system in a manner designed to provide storage, retrieval, and manipulation of data from the
357     computer system; and
358          (ii) any associated documentation and source material that explain how to operate the
359     computer program.
360          (b) "Computer program" does not mean:
361          (i) the original data, including numbers, text, voice, graphics, and images;
362          (ii) analysis, compilation, and other manipulated forms of the original data produced by
363     use of the program; or
364          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
365     algorithms contained in the program, that would be used if the manipulated forms of the
366     original data were to be produced manually.

367          (5) (a) "Contractor" means:
368          (i) any person who contracts with a governmental entity to provide goods or services
369     directly to a governmental entity; or
370          (ii) any private, nonprofit organization that receives funds from a governmental entity.
371          (b) "Contractor" does not mean a private provider.
372          (6) "Controlled record" means a record containing data on individuals that is controlled
373     as provided by Section 63G-2-304.
374          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
375     governmental entity's familiarity with a record series or based on a governmental entity's
376     review of a reasonable sample of a record series, the primary classification that a majority of
377     records in a record series would be given if classified and the classification that other records
378     typically present in the record series would be given if classified.
379          (8) "Elected official" means each person elected to a state office, county office,
380     municipal office, school board or school district office, local district office, or special service
381     district office, but does not include judges.
382          (9) "Explosive" means a chemical compound, device, or mixture:
383          (a) commonly used or intended for the purpose of producing an explosion; and
384          (b) that contains oxidizing or combustive units or other ingredients in proportions,
385     quantities, or packing so that:
386          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
387     compound or mixture may cause a sudden generation of highly heated gases; and
388          (ii) the resultant gaseous pressures are capable of:
389          (A) producing destructive effects on contiguous objects; or
390          (B) causing death or serious bodily injury.
391          (10) "Government audit agency" means any governmental entity that conducts an audit.
392          (11) (a) "Governmental entity" means:
393          (i) executive department agencies of the state, the offices of the governor, lieutenant
394     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
395     the Board of Examiners, the National Guard, the Career Service Review Office, the State
396     Board of Education, the State Board of Regents, and the State Archives;
397          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal

398     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
399     committees, except any political party, group, caucus, or rules or sifting committee of the
400     Legislature;
401          (iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
402     administrative units in the judicial branch;
403          (iv) any state-funded institution of higher education or public education; or
404          (v) any political subdivision of the state, but, if a political subdivision has adopted an
405     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
406     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
407     as specified in any other section of this chapter that specifically refers to political subdivisions.
408          (b) "Governmental entity" also means:
409          (i) every office, agency, board, bureau, committee, department, advisory board, or
410     commission of an entity listed in Subsection (11)(a) that is funded or established by the
411     government to carry out the public's business; [and]
412          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
413     undertaking[.]; and
414          (iii) an association as defined in Section 53A-1-1601.
415          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
416     in Section 53B-8a-103.
417          (12) "Gross compensation" means every form of remuneration payable for a given
418     period to an individual for services provided including salaries, commissions, vacation pay,
419     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
420     similar benefit received from the individual's employer.
421          (13) "Individual" means a human being.
422          (14) (a) "Initial contact report" means an initial written or recorded report, however
423     titled, prepared by peace officers engaged in public patrol or response duties describing official
424     actions initially taken in response to either a public complaint about or the discovery of an
425     apparent violation of law, which report may describe:
426          (i) the date, time, location, and nature of the complaint, the incident, or offense;
427          (ii) names of victims;
428          (iii) the nature or general scope of the agency's initial actions taken in response to the

429     incident;
430          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
431          (v) the name, address, and other identifying information about any person arrested or
432     charged in connection with the incident; or
433          (vi) the identity of the public safety personnel, except undercover personnel, or
434     prosecuting attorney involved in responding to the initial incident.
435          (b) Initial contact reports do not include follow-up or investigative reports prepared
436     after the initial contact report. However, if the information specified in Subsection (14)(a)
437     appears in follow-up or investigative reports, it may only be treated confidentially if it is
438     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
439          (15) "Legislative body" means the Legislature.
440          (16) "Notice of compliance" means a statement confirming that a governmental entity
441     has complied with a records committee order.
442          (17) "Person" means:
443          (a) an individual;
444          (b) a nonprofit or profit corporation;
445          (c) a partnership;
446          (d) a sole proprietorship;
447          (e) other type of business organization; or
448          (f) any combination acting in concert with one another.
449          (18) "Private provider" means any person who contracts with a governmental entity to
450     provide services directly to the public.
451          (19) "Private record" means a record containing data on individuals that is private as
452     provided by Section 63G-2-302.
453          (20) "Protected record" means a record that is classified protected as provided by
454     Section 63G-2-305.
455          (21) "Public record" means a record that is not private, controlled, or protected and that
456     is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
457          (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
458     card, tape, recording, electronic data, or other documentary material regardless of physical form
459     or characteristics:

460          (i) that is prepared, owned, received, or retained by a governmental entity or political
461     subdivision; and
462          (ii) where all of the information in the original is reproducible by photocopy or other
463     mechanical or electronic means.
464          (b) "Record" does not mean:
465          (i) a personal note or personal communication prepared or received by an employee or
466     officer of a governmental entity:
467          (A) in a capacity other than the employee's or officer's governmental capacity; or
468          (B) that is unrelated to the conduct of the public's business;
469          (ii) a temporary draft or similar material prepared for the originator's personal use or
470     prepared by the originator for the personal use of an individual for whom the originator is
471     working;
472          (iii) material that is legally owned by an individual in the individual's private capacity;
473          (iv) material to which access is limited by the laws of copyright or patent unless the
474     copyright or patent is owned by a governmental entity or political subdivision;
475          (v) proprietary software;
476          (vi) junk mail or a commercial publication received by a governmental entity or an
477     official or employee of a governmental entity;
478          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
479     of a library open to the public;
480          (viii) material that is cataloged, indexed, or inventoried and contained in the collections
481     of a library open to the public, regardless of physical form or characteristics of the material;
482          (ix) a daily calendar or other personal note prepared by the originator for the
483     originator's personal use or for the personal use of an individual for whom the originator is
484     working;
485          (x) a computer program that is developed or purchased by or for any governmental
486     entity for its own use;
487          (xi) a note or internal memorandum prepared as part of the deliberative process by:
488          (A) a member of the judiciary;
489          (B) an administrative law judge;
490          (C) a member of the Board of Pardons and Parole; or

491          (D) a member of any other body, other than an association or appeals panel as defined
492     in Section 53A-1-1601, charged by law with performing a quasi-judicial function;
493          (xii) a telephone number or similar code used to access a mobile communication
494     device that is used by an employee or officer of a governmental entity, provided that the
495     employee or officer of the governmental entity has designated at least one business telephone
496     number that is a public record as provided in Section 63G-2-301;
497          (xiii) information provided by the Public Employees' Benefit and Insurance Program,
498     created in Section 49-20-103, to a county to enable the county to calculate the amount to be
499     paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
500          (xiv) information that an owner of unimproved property provides to a local entity as
501     provided in Section 11-42-205; or
502          (xv) a video or audio recording of an interview, or a transcript of the video or audio
503     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102.
504          (23) "Record series" means a group of records that may be treated as a unit for
505     purposes of designation, description, management, or disposition.
506          (24) "Records committee" means the State Records Committee created in Section
507     63G-2-501.
508          (25) "Records officer" means the individual appointed by the chief administrative
509     officer of each governmental entity, or the political subdivision to work with state archives in
510     the care, maintenance, scheduling, designation, classification, disposal, and preservation of
511     records.
512          (26) "Schedule," "scheduling," and their derivative forms mean the process of
513     specifying the length of time each record series should be retained by a governmental entity for
514     administrative, legal, fiscal, or historical purposes and when each record series should be
515     transferred to the state archives or destroyed.
516          (27) "Sponsored research" means research, training, and other sponsored activities as
517     defined by the federal Executive Office of the President, Office of Management and Budget:
518          (a) conducted:
519          (i) by an institution within the state system of higher education defined in Section
520     53B-1-102; and
521          (ii) through an office responsible for sponsored projects or programs; and

522          (b) funded or otherwise supported by an external:
523          (i) person that is not created or controlled by the institution within the state system of
524     higher education; or
525          (ii) federal, state, or local governmental entity.
526          (28) "State archives" means the Division of Archives and Records Service created in
527     Section 63A-12-101.
528          (29) "State archivist" means the director of the state archives.
529          (30) "Summary data" means statistical records and compilations that contain data
530     derived from private, controlled, or protected information but that do not disclose private,
531     controlled, or protected information.
532          Section 10. Section 67-16-3 is amended to read:
533          67-16-3. Definitions.
534          As used in this chapter:
535          (1) "Agency" means:
536          (a) any department, division, agency, commission, board, council, committee,
537     authority, or any other institution of the state or any of its political subdivisions[.]; or
538          (b) an association as defined in Section 53A-16-101.
539          (2) "Agency head" means the chief executive or administrative officer of any agency.
540          (3) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
541     aid, advise, furnish information to, or otherwise provide assistance to a person or business
542     entity, believing that such action is of help, aid, advice, or assistance to such person or business
543     entity and with the intent to assist such person or business entity.
544          (4) "Business entity" means a sole proprietorship, partnership, association, joint
545     venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
546     a business.
547          (5) "Compensation" means anything of economic value, however designated, which is
548     paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
549     other than the governmental employer for or in consideration of personal services, materials,
550     property, or any other thing whatsoever.
551          (6) "Controlled, private, or protected information" means information classified as
552     controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and

553     Management Act, or other applicable provision of law.
554          (7) "Governmental action" means any action on the part of the state, a political
555     subdivision, or an agency, including:
556          (a) any decision, determination, finding, ruling, or order; and
557          (b) any grant, payment, award, license, contract, subcontract, transaction, decision,
558     sanction, or approval, or the denial thereof, or the failure to act in respect to.
559          (8) "Improper disclosure" means disclosure of controlled, private, or protected
560     information to any person who does not have the right to receive the information.
561          (9) "Legislative employee" means any officer or employee of the Legislature, or any
562     committee of the Legislature, who is appointed or employed to serve, either with or without
563     compensation, for an aggregate of less than 800 hours during any period of 365 days.
564     "Legislative employee" does not include legislators.
565          (10) "Legislator" means a member or member-elect of either house of the Legislature
566     of the state of Utah.
567          (11) "Political subdivision" means a district, school district, or any other political
568     subdivision of the state that is not an agency, but does not include a municipality or a county.
569          (12) (a) "Public employee" means a person who is not a public officer who is employed
570     on a full-time, part-time, or contract basis by:
571          (i) the state [or any of its political subdivisions.];
572          (ii) a Ŝ→ political ←Ŝ subdivision of the state; or
573          (iii) an association as defined in Section 53A-1-1601.
574          (b) "Public employee" does not include legislators or legislative employees.
575          (13) (a) "Public officer" means [all] an elected or appointed [officers of the state or any
576     of its political subdivisions who occupy policymaking posts. ] officer:
577          (i) (A) of the state;
578          (B) of a political subdivision of the state; or
579          (C) an association as defined in Section 53A-1-1601; and
580          (ii) who occupies a policymaking post.
581          (b) "Public officer" does not include legislators or legislative employees.
582          (14) "State" means the state of Utah.
583          (15) "Substantial interest" means the ownership, either legally or equitably, by an

584     individual, the individual's spouse, or the individual's minor children, of at least 10% of the
585     outstanding capital stock of a corporation or a 10% interest in any other business entity.
586          Section 11. Appropriation.
587          The following sums of money are appropriated for the fiscal year beginning July 1,
588     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
589     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
590     Act, the Legislature appropriates the following sums of money from the funds or accounts
591     indicated for the use and support of the government of the state of Utah.
592          To State Board of Education -- State Administrative Office
593               From Ĥ→ [
Education] General ←Ĥ Fund, Ongoing $15,000
594               Schedule of Programs:
595                    Board and Administration                    $15,000
596          The Legislature intends that the State Board of Education use the appropriation to the
597     State Board of Education under this section to reimburse an association for per diem and travel
598     expenses incurred by a member of an appeals panel described in Section 53A-1-1606.