Chief Sponsor: Wayne A. Harper

House Sponsor: Jeremy A. Peterson


8     General Description:
9          This bill modifies requirements related to reports given to the Government Operations
10     Interim Committee and repeals, or modifies provisions regarding, certain boards and
11     commissions.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the timing and format of reports required to be submitted to the
15     Government Operations Interim Committee by the:
16               •     government records ombudsman;
17               •     Commission on Federalism;
18               •     Free Market Protection and Privatization Board; and
19               •     Federal Funds Commission;
20          ▸     repeals the Rural Development Legislative Liaison Committee;
21          ▸     repeals the Legislative Committee on Landfill Siting Disputes;
22          ▸     repeals the Government Procurement Private Proposal Program Committee and
23     related provisions;
24          ▸     repeals the Constitutional Revision Commission;
25          ▸     requires the Data Security Management Council to meet at least quarterly rather
26     than monthly; and
27          ▸     makes conforming changes.
28     Money Appropriated in this Bill:
29          None

30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          63A-12-111, as last amended by Laws of Utah 2013, Chapter 278
35          63C-4a-303, as last amended by Laws of Utah 2014, Chapter 221
36          63C-14-301, as last amended by Laws of Utah 2015, Chapter 409
37          63F-1-205, as last amended by Laws of Utah 2017, Chapter 238
38          63F-2-102, as last amended by Laws of Utah 2017, Chapter 382
39          63G-2-305, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
40          63G-6a-304, as last amended by Laws of Utah 2015, Chapter 283
41          63G-6a-305, as last amended by Laws of Utah 2015, Chapter 283
42          63I-4a-203, as last amended by Laws of Utah 2016, Chapter 182
43     REPEALS:
44          19-6-102.6, as last amended by Laws of Utah 2012, Chapter 360
45          36-25-101, as enacted by Laws of Utah 2004, Chapter 73
46          36-25-102, as last amended by Laws of Utah 2014, Chapter 387
47          36-25-103, as enacted by Laws of Utah 2004, Chapter 73
48          36-25-104, as enacted by Laws of Utah 2004, Chapter 73
49          63G-6a-711, as last amended by Laws of Utah 2015, Chapter 283
50          63I-3-101, as renumbered and amended by Laws of Utah 2008, Chapter 382
51          63I-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
52          63I-3-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
53          63I-3-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
54          63I-3-203, as last amended by Laws of Utah 2011, Chapter 384
55          63I-3-204, as last amended by Laws of Utah 2011, Chapter 384
56          63I-3-205, as renumbered and amended by Laws of Utah 2008, Chapter 382
57          63I-3-206, as last amended by Laws of Utah 2014, Chapter 387

58          63I-3-207, as last amended by Laws of Utah 2011, Chapter 384
59          63N-13-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
60          63N-13-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
61          63N-13-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
62          63N-13-204, as renumbered and amended by Laws of Utah 2015, Chapter 283
63          63N-13-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
64          63N-13-206, as last amended by Laws of Utah 2016, Chapter 222
65          63N-13-207, as renumbered and amended by Laws of Utah 2015, Chapter 283
66          63N-13-208, as renumbered and amended by Laws of Utah 2015, Chapter 283
67          63N-13-209, as last amended by Laws of Utah 2016, Chapter 222
68          63N-13-210, as last amended by Laws of Utah 2016, Chapter 222
69          63N-13-211, as renumbered and amended by Laws of Utah 2015, Chapter 283
70          63N-13-212, as renumbered and amended by Laws of Utah 2015, Chapter 283

72     Be it enacted by the Legislature of the state of Utah:
73          Section 1. Section 63A-12-111 is amended to read:
74          63A-12-111. Government records ombudsman.
75          (1) (a) The director of the division shall appoint a government records ombudsman.
76          (b) The government records ombudsman may not be a member of the records
77     committee.
78          (2) The government records ombudsman shall:
79          (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
80     Access and Management Act;
81          (b) serve as a resource for a person who is making or responding to a records request or
82     filing an appeal relating to a records request;
83          (c) upon request, attempt to mediate disputes between requestors and responders; and
84          (d) on an annual basis, electronically transmit a written report to the Government
85     Operations Interim Committee on the work performed by the government records ombudsman

86     during the previous year.
87          (3) The government records ombudsman may not testify, or be compelled to testify,
88     before the records committee, another administrative body, or a court regarding a matter that
89     the government records ombudsman provided services in relation to under this section.
90          Section 2. Section 63C-4a-303 is amended to read:
91          63C-4a-303. Duties of Commission on Federalism.
92          (1) In accordance with Section 63C-4a-304, the commission may evaluate a federal
93     law:
94          (a) as agreed by a majority of the commission; or
95          (b) submitted to the commission by a council member.
96          (2) The commission may request information regarding a federal law under evaluation
97     from a United States senator or representative elected from the state.
98          (3) If the commission finds that a federal law is not authorized by the United States
99     Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
100     commission cochair may:
101          (a) request from a United States senator or representative elected from the state:
102          (i) information about the federal law; or
103          (ii) assistance in communicating with a federal governmental entity regarding the
104     federal law;
105          (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
106     governmental entity responsible for adopting or administering the federal law; and
107          (ii) request a response by a specific date to the evaluation from the federal
108     governmental entity; and
109          (c) request a meeting, conducted in person or by electronic means, with the federal
110     governmental entity, a representative from another state, or a United States Senator or
111     Representative elected from the state to discuss the evaluation of federal law and any possible
112     remedy.
113          (4) The commission may recommend to the governor that the governor call a special

114     session of the Legislature to give the Legislature an opportunity to respond to the commission's
115     evaluation of a federal law.
116          (5) A commission cochair may coordinate the evaluation of and response to federal law
117     with another state as provided in Section 63C-4a-305.
118          (6) [On May 20 and October 20 of each] Each year, the commission shall submit a
119     report by electronic mail to the Legislative Management Committee and the Government
120     Operations Interim Committee that summarizes:
121          (a) action taken by the commission in accordance with this section; and
122          (b) action taken by, or communication received from, any of the following in response
123     to a request or inquiry made, or other action taken, by the commission:
124          (i) a United States senator or representative elected from the state;
125          (ii) a representative of another state; or
126          (iii) a federal entity, official, or employee.
127          (7) The commission shall keep a current list on the Legislature's website of:
128          (a) a federal law that the commission evaluates under Subsection (1);
129          (b) an action taken by a cochair of the commission under Subsection (3);
130          (c) any coordination undertaken with another state under Section 63C-4a-305; and
131          (d) any response received from a federal government entity that was requested under
132     Subsection (3).
133          (8) The commission shall develop curriculum for a seminar on the principles of
134     federalism. The curriculum shall be available to the general public and include:
135          (a) fundamental principles of federalism;
136          (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
137     police powers;
138          (c) the history and practical implementation of the Tenth Amendment to the United
139     States Constitution;
140          (d) the authority and limits on the authority of the federal government as found in the
141     United States Constitution;

142          (e) the relationship between the state and federal governments;
143          (f) methods of evaluating a federal law in the context of the principles of federalism;
144          (g) how and when challenges should be made to a federal law or regulation on the basis
145     of federalism;
146          (h) the separate and independent powers of the state that serve as a check on the federal
147     government;
148          (i) first amendment rights and freedoms contained therein; and
149          (j) any other issues relating to federalism the commission considers necessary.
150          (9) The commission may apply for and receive grants, and receive private donations to
151     assist in funding the creation, enhancement, and dissemination of the curriculum.
152          Section 3. Section 63C-14-301 is amended to read:
153          63C-14-301. Commission duties.
154          (1) Until November 30, 2019, the commission shall:
155          (a) study and assess:
156          (i) the financial stability of the federal government;
157          (ii) the level of dependency that the state and local governments have on the receipt of
158     federal funds;
159          (iii) the risk that the state and local governments in the state will experience a reduction
160     in the amount or value of federal funds they receive, in both the near and distant future;
161          (iv) the likely and potential impact on the state and its citizens from a reduction in the
162     amount or value of federal funds received by the state and by local governments in the state, in
163     both the near and distant future; and
164          (v) the likely and potential national impact from a reduction in the amount or value of
165     federal funds paid to the states, in both the near and distant future; and
166          (b) make recommendations to the governor and Legislature on methods to:
167          (i) avoid or minimize the risk of a reduction in the amount or value of federal funds by
168     the state and by local governments in the state;
169          (ii) reduce the dependency of the state and of local governments in the state on federal

170     funds; and
171          (iii) prepare for and respond to a reduction in the amount or value of federal funds by
172     the state and by local governments in the state.
173          (2) After November 30, 2019, the commission shall study, assess, and provide
174     recommendations on any federal issue that the governor, the Legislature through a joint
175     resolution of the Legislature, or the Legislative Management Committee directs the
176     commission to study, assess, and make recommendations on.
177          (3) [On or before November 30 of each year, the] The commission shall present a
178     report to the Government Operations Interim Committee of the Legislature each year on the
179     commission's findings and recommendations.
180          Section 4. Section 63F-1-205 is amended to read:
181          63F-1-205. Approval of acquisitions of information technology.
182          (1) (a) [Except as provided in Title 63N, Chapter 13, Part 2, Government Procurement
183     Private Proposal Program, in] In accordance with Subsection (2), the chief information officer
184     shall approve the acquisition by an executive branch agency of:
185          (i) information technology equipment;
186          (ii) telecommunications equipment;
187          (iii) software;
188          (iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
189          (v) data acquisition.
190          (b) The chief information officer may negotiate the purchase, lease, or rental of private
191     or public information technology or telecommunication services or facilities in accordance with
192     this section.
193          (c) Where practical, efficient, and economically beneficial, the chief information
194     officer shall use existing private and public information technology or telecommunication
195     resources.
196          (d) Notwithstanding another provision of this section, an acquisition authorized by this
197     section shall comply with rules made by the applicable rulemaking authority under Title 63G,

198     Chapter 6a, Utah Procurement Code.
199          (2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
200     that exceeds the value established by the chief information officer by rule in accordance with
201     Section 63F-1-206, the chief information officer shall:
202          (a) conduct an analysis of the needs of executive branch agencies and subscribers of
203     services and the ability of the proposed information technology or telecommunications services
204     or supplies to meet those needs; and
205          (b) for purchases, leases, or rentals not covered by an existing statewide contract,
206     certify in writing to the chief procurement officer in the Division of Purchasing and General
207     Services that:
208          (i) the analysis required in Subsection (2)(a) was completed; and
209          (ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
210     services, products, or supplies is practical, efficient, and economically beneficial to the state
211     and the executive branch agency or subscriber of services.
212          (3) In approving an acquisition described in Subsections (1) and (2), the chief
213     information officer shall:
214          (a) establish by administrative rule, in accordance with Section 63F-1-206, standards
215     under which an agency must obtain approval from the chief information officer before
216     acquiring the items listed in Subsections (1) and (2);
217          (b) for those acquisitions requiring approval, determine whether the acquisition is in
218     compliance with:
219          (i) the executive branch strategic plan;
220          (ii) the applicable agency information technology plan;
221          (iii) the budget for the executive branch agency or department as adopted by the
222     Legislature;
223          (iv) Title 63G, Chapter 6a, Utah Procurement Code; and
224          (v) the information technology accessibility standards described in Section 63F-1-210;
225     and

226          (c) in accordance with Section 63F-1-207, require coordination of acquisitions between
227     two or more executive branch agencies if it is in the best interests of the state.
228          (4) Each executive branch agency shall provide the chief information officer with
229     complete access to all information technology records, documents, and reports:
230          (a) at the request of the chief information officer; and
231          (b) related to the executive branch agency's acquisition of any item listed in Subsection
232     (1).
233          (5) (a) In accordance with administrative rules established by the department under
234     Section 63F-1-206, an executive branch agency and the department may not initiate a new
235     technology project unless the technology project is described in a formal project plan and a
236     business case analysis is approved by the chief information officer and the highest ranking
237     executive branch agency official.
238          (b) The project plan and business case analysis required by this Subsection (5) shall
239     include:
240          (i) a statement of work to be done and existing work to be modified or displaced;
241          (ii) total cost of system development and conversion effort, including system analysis
242     and programming costs, establishment of master files, testing, documentation, special
243     equipment cost and all other costs, including overhead;
244          (iii) savings or added operating costs that will result after conversion;
245          (iv) other advantages or reasons that justify the work;
246          (v) source of funding of the work, including ongoing costs;
247          (vi) consistency with budget submissions and planning components of budgets; and
248          (vii) whether the work is within the scope of projects or initiatives envisioned when the
249     current fiscal year budget was approved.
250          (c) The chief information officer shall determine the required form of the project plan
251     and business case analysis described in this Subsection (5).
252          (6) The chief information officer and the Division of Purchasing and General Services
253     within the Department of Administrative Services shall work cooperatively to establish

254     procedures under which the chief information officer shall monitor and approve acquisitions as
255     provided in this section.
256          Section 5. Section 63F-2-102 is amended to read:
257          63F-2-102. Data Security Management Council -- Membership -- Duties.
258          (1) There is created the Data Security Management Council composed of nine
259     members as follows:
260          (a) the chief information officer appointed under Section 63F-1-201, or the chief
261     information officer's designee;
262          (b) one individual appointed by the governor;
263          (c) one individual appointed by the speaker of the House of Representatives and the
264     president of the Senate from the Legislative Information Technology Steering Committee; and
265          (d) the highest ranking information technology official, or the highest ranking
266     information technology official's designee, from each of:
267          (i) the Judicial Council;
268          (ii) the State Board of Regents;
269          (iii) the State Board of Education;
270          (iv) the Utah System of Technical Colleges Board of Trustees;
271          (v) the State Tax Commission; and
272          (vi) the Office of the Attorney General.
273          (2) The council shall elect a chair of the council by majority vote.
274          (3) (a) A majority of the members of the council constitutes a quorum.
275          (b) Action by a majority of a quorum of the council constitutes an action of the council.
276          (4) The Department of Technology Services shall provide staff to the council.
277          (5) The council shall meet [monthly] quarterly, or as often as necessary, to:
278          (a) review existing state government data security policies;
279          (b) assess ongoing risks to state government information technology;
280          (c) create a method to notify state and local government entities of new risks;
281          (d) coordinate data breach simulation exercises with state and local government

282     entities; and
283          (e) develop data security best practice recommendations for state government that
284     include recommendations regarding:
285          (i) hiring and training a chief information security officer for each government entity;
286          (ii) continuous risk monitoring;
287          (iii) password management;
288          (iv) using the latest technology to identify and respond to vulnerabilities;
289          (v) protecting data in new and old systems; and
290          (vi) best procurement practices.
291          (6) A member who is not a member of the Legislature may not receive compensation
292     or benefits for the member's service but may receive per diem and travel expenses as provided
293     in:
294          (a) Section 63A-3-106;
295          (b) Section 63A-3-107; and
296          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
297          Section 6. Section 63G-2-305 is amended to read:
298          63G-2-305. Protected records.
299          The following records are protected if properly classified by a governmental entity:
300          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
301     has provided the governmental entity with the information specified in Section 63G-2-309;
302          (2) commercial information or nonindividual financial information obtained from a
303     person if:
304          (a) disclosure of the information could reasonably be expected to result in unfair
305     competitive injury to the person submitting the information or would impair the ability of the
306     governmental entity to obtain necessary information in the future;
307          (b) the person submitting the information has a greater interest in prohibiting access
308     than the public in obtaining access; and
309          (c) the person submitting the information has provided the governmental entity with

310     the information specified in Section 63G-2-309;
311          (3) commercial or financial information acquired or prepared by a governmental entity
312     to the extent that disclosure would lead to financial speculations in currencies, securities, or
313     commodities that will interfere with a planned transaction by the governmental entity or cause
314     substantial financial injury to the governmental entity or state economy;
315          (4) records, the disclosure of which could cause commercial injury to, or confer a
316     competitive advantage upon a potential or actual competitor of, a commercial project entity as
317     defined in Subsection 11-13-103(4);
318          (5) test questions and answers to be used in future license, certification, registration,
319     employment, or academic examinations;
320          (6) records, the disclosure of which would impair governmental procurement
321     proceedings or give an unfair advantage to any person proposing to enter into a contract or
322     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
323     Subsection (6) does not restrict the right of a person to have access to, after the contract or
324     grant has been awarded and signed by all parties, a bid, proposal, application, or other
325     information submitted to or by a governmental entity in response to:
326          (a) an invitation for bids;
327          (b) a request for proposals;
328          (c) a request for quotes;
329          (d) a grant; or
330          (e) other similar document;
331          (7) information submitted to or by a governmental entity in response to a request for
332     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
333     the right of a person to have access to the information, after:
334          (a) a contract directly relating to the subject of the request for information has been
335     awarded and signed by all parties; or
336          (b) (i) a final determination is made not to enter into a contract that relates to the
337     subject of the request for information; and

338          (ii) at least two years have passed after the day on which the request for information is
339     issued;
340          (8) records that would identify real property or the appraisal or estimated value of real
341     or personal property, including intellectual property, under consideration for public acquisition
342     before any rights to the property are acquired unless:
343          (a) public interest in obtaining access to the information is greater than or equal to the
344     governmental entity's need to acquire the property on the best terms possible;
345          (b) the information has already been disclosed to persons not employed by or under a
346     duty of confidentiality to the entity;
347          (c) in the case of records that would identify property, potential sellers of the described
348     property have already learned of the governmental entity's plans to acquire the property;
349          (d) in the case of records that would identify the appraisal or estimated value of
350     property, the potential sellers have already learned of the governmental entity's estimated value
351     of the property; or
352          (e) the property under consideration for public acquisition is a single family residence
353     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
354     the property as required under Section 78B-6-505;
355          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
356     compensated transaction of real or personal property including intellectual property, which, if
357     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
358     of the subject property, unless:
359          (a) the public interest in access is greater than or equal to the interests in restricting
360     access, including the governmental entity's interest in maximizing the financial benefit of the
361     transaction; or
362          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
363     the value of the subject property have already been disclosed to persons not employed by or
364     under a duty of confidentiality to the entity;
365          (10) records created or maintained for civil, criminal, or administrative enforcement

366     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
367     release of the records:
368          (a) reasonably could be expected to interfere with investigations undertaken for
369     enforcement, discipline, licensing, certification, or registration purposes;
370          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
371     proceedings;
372          (c) would create a danger of depriving a person of a right to a fair trial or impartial
373     hearing;
374          (d) reasonably could be expected to disclose the identity of a source who is not
375     generally known outside of government and, in the case of a record compiled in the course of
376     an investigation, disclose information furnished by a source not generally known outside of
377     government if disclosure would compromise the source; or
378          (e) reasonably could be expected to disclose investigative or audit techniques,
379     procedures, policies, or orders not generally known outside of government if disclosure would
380     interfere with enforcement or audit efforts;
381          (11) records the disclosure of which would jeopardize the life or safety of an
382     individual;
383          (12) records the disclosure of which would jeopardize the security of governmental
384     property, governmental programs, or governmental recordkeeping systems from damage, theft,
385     or other appropriation or use contrary to law or public policy;
386          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
387     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
388     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
389          (14) records that, if disclosed, would reveal recommendations made to the Board of
390     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
391     Board of Pardons and Parole, or the Department of Human Services that are based on the
392     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
393     jurisdiction;

394          (15) records and audit workpapers that identify audit, collection, and operational
395     procedures and methods used by the State Tax Commission, if disclosure would interfere with
396     audits or collections;
397          (16) records of a governmental audit agency relating to an ongoing or planned audit
398     until the final audit is released;
399          (17) records that are subject to the attorney client privilege;
400          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
401     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
402     quasi-judicial, or administrative proceeding;
403          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
404     from a member of the Legislature; and
405          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
406     legislative action or policy may not be classified as protected under this section; and
407          (b) (i) an internal communication that is part of the deliberative process in connection
408     with the preparation of legislation between:
409          (A) members of a legislative body;
410          (B) a member of a legislative body and a member of the legislative body's staff; or
411          (C) members of a legislative body's staff; and
412          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
413     legislative action or policy may not be classified as protected under this section;
414          (20) (a) records in the custody or control of the Office of Legislative Research and
415     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
416     legislation or contemplated course of action before the legislator has elected to support the
417     legislation or course of action, or made the legislation or course of action public; and
418          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
419     Office of Legislative Research and General Counsel is a public document unless a legislator
420     asks that the records requesting the legislation be maintained as protected records until such
421     time as the legislator elects to make the legislation or course of action public;

422          (21) research requests from legislators to the Office of Legislative Research and
423     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
424     in response to these requests;
425          (22) drafts, unless otherwise classified as public;
426          (23) records concerning a governmental entity's strategy about:
427          (a) collective bargaining; or
428          (b) imminent or pending litigation;
429          (24) records of investigations of loss occurrences and analyses of loss occurrences that
430     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
431     Uninsured Employers' Fund, or similar divisions in other governmental entities;
432          (25) records, other than personnel evaluations, that contain a personal recommendation
433     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
434     personal privacy, or disclosure is not in the public interest;
435          (26) records that reveal the location of historic, prehistoric, paleontological, or
436     biological resources that if known would jeopardize the security of those resources or of
437     valuable historic, scientific, educational, or cultural information;
438          (27) records of independent state agencies if the disclosure of the records would
439     conflict with the fiduciary obligations of the agency;
440          (28) records of an institution within the state system of higher education defined in
441     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
442     retention decisions, and promotions, which could be properly discussed in a meeting closed in
443     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
444     the final decisions about tenure, appointments, retention, promotions, or those students
445     admitted, may not be classified as protected under this section;
446          (29) records of the governor's office, including budget recommendations, legislative
447     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
448     policies or contemplated courses of action before the governor has implemented or rejected
449     those policies or courses of action or made them public;

450          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
451     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
452     recommendations in these areas;
453          (31) records provided by the United States or by a government entity outside the state
454     that are given to the governmental entity with a requirement that they be managed as protected
455     records if the providing entity certifies that the record would not be subject to public disclosure
456     if retained by it;
457          (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
458     except as provided in Section 52-4-206;
459          (33) records that would reveal the contents of settlement negotiations but not including
460     final settlements or empirical data to the extent that they are not otherwise exempt from
461     disclosure;
462          (34) memoranda prepared by staff and used in the decision-making process by an
463     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
464     other body charged by law with performing a quasi-judicial function;
465          (35) records that would reveal negotiations regarding assistance or incentives offered
466     by or requested from a governmental entity for the purpose of encouraging a person to expand
467     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
468     person or place the governmental entity at a competitive disadvantage, but this section may not
469     be used to restrict access to a record evidencing a final contract;
470          (36) materials to which access must be limited for purposes of securing or maintaining
471     the governmental entity's proprietary protection of intellectual property rights including patents,
472     copyrights, and trade secrets;
473          (37) the name of a donor or a prospective donor to a governmental entity, including an
474     institution within the state system of higher education defined in Section 53B-1-102, and other
475     information concerning the donation that could reasonably be expected to reveal the identity of
476     the donor, provided that:
477          (a) the donor requests anonymity in writing;

478          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
479     classified protected by the governmental entity under this Subsection (37); and
480          (c) except for an institution within the state system of higher education defined in
481     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
482     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
483     over the donor, a member of the donor's immediate family, or any entity owned or controlled
484     by the donor or the donor's immediate family;
485          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
486     73-18-13;
487          (39) a notification of workers' compensation insurance coverage described in Section
488     34A-2-205;
489          (40) (a) the following records of an institution within the state system of higher
490     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
491     or received by or on behalf of faculty, staff, employees, or students of the institution:
492          (i) unpublished lecture notes;
493          (ii) unpublished notes, data, and information:
494          (A) relating to research; and
495          (B) of:
496          (I) the institution within the state system of higher education defined in Section
497     53B-1-102; or
498          (II) a sponsor of sponsored research;
499          (iii) unpublished manuscripts;
500          (iv) creative works in process;
501          (v) scholarly correspondence; and
502          (vi) confidential information contained in research proposals;
503          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
504     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
505          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;

506          (41) (a) records in the custody or control of the Office of Legislative Auditor General
507     that would reveal the name of a particular legislator who requests a legislative audit prior to the
508     date that audit is completed and made public; and
509          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
510     Office of the Legislative Auditor General is a public document unless the legislator asks that
511     the records in the custody or control of the Office of Legislative Auditor General that would
512     reveal the name of a particular legislator who requests a legislative audit be maintained as
513     protected records until the audit is completed and made public;
514          (42) records that provide detail as to the location of an explosive, including a map or
515     other document that indicates the location of:
516          (a) a production facility; or
517          (b) a magazine;
518          (43) information:
519          (a) contained in the statewide database of the Division of Aging and Adult Services
520     created by Section 62A-3-311.1; or
521          (b) received or maintained in relation to the Identity Theft Reporting Information
522     System (IRIS) established under Section 67-5-22;
523          (44) information contained in the Management Information System and Licensing
524     Information System described in Title 62A, Chapter 4a, Child and Family Services;
525          (45) information regarding National Guard operations or activities in support of the
526     National Guard's federal mission;
527          (46) records provided by any pawn or secondhand business to a law enforcement
528     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
529     Secondhand Merchandise Transaction Information Act;
530          (47) information regarding food security, risk, and vulnerability assessments performed
531     by the Department of Agriculture and Food;
532          (48) except to the extent that the record is exempt from this chapter pursuant to Section
533     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or

534     prepared or maintained by the Division of Emergency Management, and the disclosure of
535     which would jeopardize:
536          (a) the safety of the general public; or
537          (b) the security of:
538          (i) governmental property;
539          (ii) governmental programs; or
540          (iii) the property of a private person who provides the Division of Emergency
541     Management information;
542          (49) records of the Department of Agriculture and Food that provides for the
543     identification, tracing, or control of livestock diseases, including any program established under
544     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
545     of Animal Disease;
546          (50) as provided in Section 26-39-501:
547          (a) information or records held by the Department of Health related to a complaint
548     regarding a child care program or residential child care which the department is unable to
549     substantiate; and
550          (b) information or records related to a complaint received by the Department of Health
551     from an anonymous complainant regarding a child care program or residential child care;
552          (51) unless otherwise classified as public under Section 63G-2-301 and except as
553     provided under Section 41-1a-116, an individual's home address, home telephone number, or
554     personal mobile phone number, if:
555          (a) the individual is required to provide the information in order to comply with a law,
556     ordinance, rule, or order of a government entity; and
557          (b) the subject of the record has a reasonable expectation that this information will be
558     kept confidential due to:
559          (i) the nature of the law, ordinance, rule, or order; and
560          (ii) the individual complying with the law, ordinance, rule, or order;
561          (52) the name, home address, work addresses, and telephone numbers of an individual

562     that is engaged in, or that provides goods or services for, medical or scientific research that is:
563          (a) conducted within the state system of higher education, as defined in Section
564     53B-1-102; and
565          (b) conducted using animals;
566          [(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
567     Private Proposal Program, to the extent not made public by rules made under that chapter;]
568          [(54)] (53) in accordance with Section 78A-12-203, any record of the Judicial
569     Performance Evaluation Commission concerning an individual commissioner's vote on
570     whether or not to recommend that the voters retain a judge including information disclosed
571     under Subsection 78A-12-203(5)(e);
572          [(55)] (54) information collected and a report prepared by the Judicial Performance
573     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
574     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
575     the information or report;
576          [(56)] (55) records contained in the Management Information System created in
577     Section 62A-4a-1003;
578          [(57)] (56) records provided or received by the Public Lands Policy Coordinating
579     Office in furtherance of any contract or other agreement made in accordance with Section
580     63J-4-603;
581          [(58)] (57) information requested by and provided to the 911 Division under Section
582     63H-7a-302;
583          [(59)] (58) in accordance with Section 73-10-33:
584          (a) a management plan for a water conveyance facility in the possession of the Division
585     of Water Resources or the Board of Water Resources; or
586          (b) an outline of an emergency response plan in possession of the state or a county or
587     municipality;
588          [(60)] (59) the following records in the custody or control of the Office of Inspector
589     General of Medicaid Services, created in Section 63A-13-201:

590          (a) records that would disclose information relating to allegations of personal
591     misconduct, gross mismanagement, or illegal activity of a person if the information or
592     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
593     through other documents or evidence, and the records relating to the allegation are not relied
594     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
595     report or final audit report;
596          (b) records and audit workpapers to the extent they would disclose the identity of a
597     person who, during the course of an investigation or audit, communicated the existence of any
598     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
599     regulation adopted under the laws of this state, a political subdivision of the state, or any
600     recognized entity of the United States, if the information was disclosed on the condition that
601     the identity of the person be protected;
602          (c) before the time that an investigation or audit is completed and the final
603     investigation or final audit report is released, records or drafts circulated to a person who is not
604     an employee or head of a governmental entity for the person's response or information;
605          (d) records that would disclose an outline or part of any investigation, audit survey
606     plan, or audit program; or
607          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
608     investigation or audit;
609          [(61)] (60) records that reveal methods used by the Office of Inspector General of
610     Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
611     waste, or abuse;
612          [(62)] (61) information provided to the Department of Health or the Division of
613     Occupational and Professional Licensing under Subsection 58-68-304(3) or (4);
614          [(63)] (62) a record described in Section 63G-12-210;
615          [(64)] (63) captured plate data that is obtained through an automatic license plate
616     reader system used by a governmental entity as authorized in Section 41-6a-2003;
617          [(65)] (64) any record in the custody of the Utah Office for Victims of Crime relating

618     to a victim, including:
619          (a) a victim's application or request for benefits;
620          (b) a victim's receipt or denial of benefits; and
621          (c) any administrative notes or records made or created for the purpose of, or used to,
622     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
623     Reparations Fund;
624          [(66)] (65) an audio or video recording created by a body-worn camera, as that term is
625     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
626     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
627     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
628     that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
629          (a) depict the commission of an alleged crime;
630          (b) record any encounter between a law enforcement officer and a person that results in
631     death or bodily injury, or includes an instance when an officer fires a weapon;
632          (c) record any encounter that is the subject of a complaint or a legal proceeding against
633     a law enforcement officer or law enforcement agency;
634          (d) contain an officer involved critical incident as defined in Subsection
635     76-2-408(1)(d); or
636          (e) have been requested for reclassification as a public record by a subject or
637     authorized agent of a subject featured in the recording; and
638          [(67)] (66) a record pertaining to the search process for a president of an institution of
639     higher education described in Section 53B-2-102, except for application materials for a
640     publicly announced finalist.
641          Section 7. Section 63G-6a-304 is amended to read:
642          63G-6a-304. Delegation of authority.
643          [(1)] In accordance with rules made by the board, the chief procurement officer may
644     delegate authority to designees or to any department, agency, or official.
645          [(2) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement

646     Private Proposal Program, any delegation by the chief procurement officer under this section
647     shall be made to the Governor's Office of Economic Development.]
648          Section 8. Section 63G-6a-305 is amended to read:
649          63G-6a-305. Duty of chief procurement officer in maintaining specifications.
650          (1) The chief procurement officer may prepare, issue, revise, maintain, and monitor the
651     use of specifications for each procurement over which the chief procurement officer has
652     authority.
653          (2) The chief procurement officer shall obtain expert advice and assistance from
654     personnel of procurement units in the development of specifications and may delegate in
655     writing to a procurement unit the authority to prepare and utilize its own specifications.
656          [(3) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement
657     Private Proposal Program, any delegation by the chief procurement officer under this section
658     shall be made to the Governor's Office of Economic Development.]
659          Section 9. Section 63I-4a-203 is amended to read:
660          63I-4a-203. Free Market Protection and Privatization Board -- Duties.
661          (1) The board shall:
662          (a) determine whether an activity provided by an agency could be privatized to provide
663     the same types and quality of a good or service that would result in cost savings;
664          (b) review privatization of an activity at the request of:
665          (i) an agency; or
666          (ii) a private enterprise;
667          (c) review issues concerning agency competition with one or more private enterprises
668     to determine:
669          (i) whether privatization:
670          (A) would be feasible;
671          (B) would result in cost savings; and
672          (C) would result in equal or better quality of a good or service; and
673          (ii) ways to eliminate any unfair competition with a private enterprise;

674          (d) recommend privatization to an agency if a proposed privatization is demonstrated
675     to provide a more cost efficient and effective manner of providing a good or service, taking
676     into account:
677          (i) the scope of providing the good or service;
678          (ii) whether cost savings will be realized;
679          (iii) whether quality will be improved;
680          (iv) the impact on risk management;
681          (v) the impact on timeliness;
682          (vi) the ability to accommodate fluctuating demand;
683          (vii) the ability to access outside expertise;
684          (viii) the impact on oversight;
685          (ix) the ability to develop sound policy and implement best practices; and
686          (x) legal and practical impediments to privatization;
687          (e) comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in making
688     rules establishing privatization standards, procedures, and requirements;
689          (f) in fulfilling the duties described in this Subsection (1), consult with, maintain
690     communication with, and access information from:
691          (i) other entities promoting privatization; and
692          (ii) managers and employees in the public sector;
693          (g) comply with Part 3, Commercial Activities Inventory and Review; and
694          (h) (i) prepare an annual report [for each calendar year] that contains:
695          (A) information about the board's activities;
696          (B) recommendations on privatizing an activity provided by an agency; and
697          (C) the status of the inventory created under Part 3, Commercial Activities Inventory
698     and Review; and
699          (ii) each year, electronically submit the [annual] report described in Subsection
700     (1)(h)(i) to the [Legislature] Government Operations Interim Committee and the governor [by
701     no later than January 15 immediately following the calendar year for which the report is made;

702     and].
703          [(iii) submit, before November 1, an annual written report to the Government
704     Operations Interim Committee.]
705          (2) (a) The board may, using the criteria described in Subsection (1), consider whether
706     to recommend privatization of an activity provided by an agency or a local entity:
707          (i) on the board's own initiative;
708          (ii) upon request by an agency or a local entity;
709          (iii) in response to a complaint that an agency or a local entity is engaging in unfair
710     competition with a private enterprise; or
711          (iv) in light of a proposal made by any person, regardless of whether the proposal was
712     solicited.
713          (b) The board may, using the criteria described in Subsection (1), consider whether to
714     recommend privatization of an activity provided by an entity that is an exempted agency under
715     Subsection 63I-4a-102(2)(b) if the entity requests that the board review privatization of the
716     activity provided by the entity.
717          (3) In addition to filing a copy of recommendations for privatization with an agency
718     head, the board shall file a copy of its recommendations for privatization with:
719          (a) the governor's office; and
720          (b) the Office of Legislative Fiscal Analyst for submission to the relevant legislative
721     appropriation subcommittee.
722          (4) (a) The board may appoint advisory groups to conduct studies, research, or
723     analyses, and make reports and recommendations with respect to a matter within the
724     jurisdiction of the board.
725          (b) At least one member of the board shall serve on each advisory group.
726          (5) (a) Subject to Subsection (5)(b), this chapter does not preclude an agency from
727     privatizing the provision of a good or service independent of the board.
728          (b) If an agency privatizes the provision of a good or service, the agency shall include
729     as part of the contract that privatizes the provision of the good or service that any contractor

730     assumes all liability to provide the good or service.
731          Section 10. Repealer.
732          This bill repeals:
733          Section 19-6-102.6, Legislative participation in landfill siting disputes.
734          Section 36-25-101, Title.
735          Section 36-25-102, Rural Development Legislative Liaison Committee -- Creation
736     -- Membership -- Chairs -- Salary -- Expenses.
737          Section 36-25-103, Duties.
738          Section 36-25-104, Staff support.
739          Section 63G-6a-711, Procurement for submitted proposal.
740          Section 63I-3-101, Title.
741          Section 63I-3-102, Definitions.
742          Section 63I-3-201, Creation -- Members -- Appointment -- Qualifications -- Term
743     of office -- Maximum length of service.
744          Section 63I-3-202, Vacancies -- Person filling a vacancy begins serving new term.
745          Section 63I-3-203, Duties.
746          Section 63I-3-204, The commission may invite testimony.
747          Section 63I-3-205, Public hearings -- Purpose.
748          Section 63I-3-206, Per diem and travel expenses of members.
749          Section 63I-3-207, Appointment of staff.
750          Section 63N-13-201, Title.
751          Section 63N-13-202, Definitions.
752          Section 63N-13-203, Government Procurement Private Proposal Program --
753     Proposals -- Rulemaking.
754          Section 63N-13-204, Committee for reviewing proposals -- Appointment --
755     Accepting or rejecting a proposal.
756          Section 63N-13-205, Initial proposal -- Requirements.
757          Section 63N-13-206, Review of initial proposal -- Affected department review.

758          Section 63N-13-207, Acceptance of initial proposal -- Obtaining detailed proposals.
759          Section 63N-13-208, Detailed proposal -- Requirements -- Cooperation of affected
760     department.
761          Section 63N-13-209, Receipt of detailed proposals -- Economic feasibility report --
762     Acceptance of a detailed proposal.
763          Section 63N-13-210, Project agreement.
764          Section 63N-13-211, Advisory committee.
765          Section 63N-13-212, Private Proposal Expendable Special Revenue Fund -- Fees.