8 LONG TITLE
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
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:
25 Other Special Clauses:
27 Utah Code Sections Affected:
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
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
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
70 (14) "General fund" has the meaning provided in generally accepted accounting
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
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.
83 accounting principles.
85 the current fiscal year.
87 an interlocal entity.
89 interlocal entity, including money or payment for services or goods provided by the interlocal
92 accounting principles.
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
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; 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
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
151 (i) adopt rules of order and procedure to govern a public meeting of the governing
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 [
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
172 (3) "Audit report" means:
173 (a) the financial statements presented in conformity with generally accepted accounting
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;
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 [
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;
204 unit that receives tax exempt status for bonding or taxing purposes; and
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.
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
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
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
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
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
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
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;
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
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; [
389 (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
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
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
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
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
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
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
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(3)(b) is repealed.
512 (b) When repealing Subsection 11-13a-102(3)(b), the Office of 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.