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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill modifies requirements related to reports given to the Government Operations
12 Interim Committee and repeals, or modifies provisions regarding, certain boards and
13 commissions.
14 Highlighted Provisions:
15 This bill:
16 ▸ modifies the timing and format of reports required to be submitted to the
17 Government Operations Interim Committee by the:
18 • government records ombudsman;
19 • Commission on Federalism;
20 • Free Market Protection and Privatization Board; and
21 • Federal Funds Commission;
22 ▸ repeals the Rural Development Legislative Liaison Committee;
23 ▸ repeals the Legislative Committee on Landfill Siting Disputes;
24 ▸ repeals the Government Procurement Private Proposal Program Committee and
25 related provisions;
26 ▸ repeals the Constitutional Revision Commission;
27 ▸ requires the Data Security Management Council to meet at least quarterly rather
28 than monthly; and
29 ▸ makes conforming changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 63A-12-111, as last amended by Laws of Utah 2013, Chapter 278
37 63C-4a-303, as last amended by Laws of Utah 2014, Chapter 221
38 63C-14-301, as last amended by Laws of Utah 2015, Chapter 409
39 63F-1-205, as last amended by Laws of Utah 2017, Chapter 238
40 63F-2-102, as last amended by Laws of Utah 2017, Chapter 382
41 63G-2-305, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
42 63G-6a-304, as last amended by Laws of Utah 2015, Chapter 283
43 63G-6a-305, as last amended by Laws of Utah 2015, Chapter 283
44 63I-4a-203, as last amended by Laws of Utah 2016, Chapter 182
45 REPEALS:
46 19-6-102.6, as last amended by Laws of Utah 2012, Chapter 360
47 36-25-101, as enacted by Laws of Utah 2004, Chapter 73
48 36-25-102, as last amended by Laws of Utah 2014, Chapter 387
49 36-25-103, as enacted by Laws of Utah 2004, Chapter 73
50 36-25-104, as enacted by Laws of Utah 2004, Chapter 73
51 63G-6a-711, as last amended by Laws of Utah 2015, Chapter 283
52 63I-3-101, as renumbered and amended by Laws of Utah 2008, Chapter 382
53 63I-3-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
54 63I-3-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
55 63I-3-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
56 63I-3-203, as last amended by Laws of Utah 2011, Chapter 384
57 63I-3-204, as last amended by Laws of Utah 2011, Chapter 384
58 63I-3-205, as renumbered and amended by Laws of Utah 2008, Chapter 382
59 63I-3-206, as last amended by Laws of Utah 2014, Chapter 387
60 63I-3-207, as last amended by Laws of Utah 2011, Chapter 384
61 63N-13-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
62 63N-13-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
63 63N-13-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
64 63N-13-204, as renumbered and amended by Laws of Utah 2015, Chapter 283
65 63N-13-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
66 63N-13-206, as last amended by Laws of Utah 2016, Chapter 222
67 63N-13-207, as renumbered and amended by Laws of Utah 2015, Chapter 283
68 63N-13-208, as renumbered and amended by Laws of Utah 2015, Chapter 283
69 63N-13-209, as last amended by Laws of Utah 2016, Chapter 222
70 63N-13-210, as last amended by Laws of Utah 2016, Chapter 222
71 63N-13-211, as renumbered and amended by Laws of Utah 2015, Chapter 283
72 63N-13-212, as renumbered and amended by Laws of Utah 2015, Chapter 283
73
74 Be it enacted by the Legislature of the state of Utah:
75 Section 1. Section 63A-12-111 is amended to read:
76 63A-12-111. Government records ombudsman.
77 (1) (a) The director of the division shall appoint a government records ombudsman.
78 (b) The government records ombudsman may not be a member of the records
79 committee.
80 (2) The government records ombudsman shall:
81 (a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
82 Access and Management Act;
83 (b) serve as a resource for a person who is making or responding to a records request or
84 filing an appeal relating to a records request;
85 (c) upon request, attempt to mediate disputes between requestors and responders; and
86 (d) on an annual basis, electronically transmit a written report to the Government
87 Operations Interim Committee on the work performed by the government records ombudsman
88 during the previous year.
89 (3) The government records ombudsman may not testify, or be compelled to testify,
90 before the records committee, another administrative body, or a court regarding a matter that
91 the government records ombudsman provided services in relation to under this section.
92 Section 2. Section 63C-4a-303 is amended to read:
93 63C-4a-303. Duties of Commission on Federalism.
94 (1) In accordance with Section 63C-4a-304, the commission may evaluate a federal
95 law:
96 (a) as agreed by a majority of the commission; or
97 (b) submitted to the commission by a council member.
98 (2) The commission may request information regarding a federal law under evaluation
99 from a United States senator or representative elected from the state.
100 (3) If the commission finds that a federal law is not authorized by the United States
101 Constitution or violates the principle of federalism as described in Subsection 63C-4a-304(2), a
102 commission cochair may:
103 (a) request from a United States senator or representative elected from the state:
104 (i) information about the federal law; or
105 (ii) assistance in communicating with a federal governmental entity regarding the
106 federal law;
107 (b) (i) give written notice of an evaluation made under Subsection (1) to the federal
108 governmental entity responsible for adopting or administering the federal law; and
109 (ii) request a response by a specific date to the evaluation from the federal
110 governmental entity; and
111 (c) request a meeting, conducted in person or by electronic means, with the federal
112 governmental entity, a representative from another state, or a United States Senator or
113 Representative elected from the state to discuss the evaluation of federal law and any possible
114 remedy.
115 (4) The commission may recommend to the governor that the governor call a special
116 session of the Legislature to give the Legislature an opportunity to respond to the commission's
117 evaluation of a federal law.
118 (5) A commission cochair may coordinate the evaluation of and response to federal law
119 with another state as provided in Section 63C-4a-305.
120 (6) [
121 report by electronic mail to the Legislative Management Committee and the Government
122 Operations Interim Committee that summarizes:
123 (a) action taken by the commission in accordance with this section; and
124 (b) action taken by, or communication received from, any of the following in response
125 to a request or inquiry made, or other action taken, by the commission:
126 (i) a United States senator or representative elected from the state;
127 (ii) a representative of another state; or
128 (iii) a federal entity, official, or employee.
129 (7) The commission shall keep a current list on the Legislature's website of:
130 (a) a federal law that the commission evaluates under Subsection (1);
131 (b) an action taken by a cochair of the commission under Subsection (3);
132 (c) any coordination undertaken with another state under Section 63C-4a-305; and
133 (d) any response received from a federal government entity that was requested under
134 Subsection (3).
135 (8) The commission shall develop curriculum for a seminar on the principles of
136 federalism. The curriculum shall be available to the general public and include:
137 (a) fundamental principles of federalism;
138 (b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
139 police powers;
140 (c) the history and practical implementation of the Tenth Amendment to the United
141 States Constitution;
142 (d) the authority and limits on the authority of the federal government as found in the
143 United States Constitution;
144 (e) the relationship between the state and federal governments;
145 (f) methods of evaluating a federal law in the context of the principles of federalism;
146 (g) how and when challenges should be made to a federal law or regulation on the basis
147 of federalism;
148 (h) the separate and independent powers of the state that serve as a check on the federal
149 government;
150 (i) first amendment rights and freedoms contained therein; and
151 (j) any other issues relating to federalism the commission considers necessary.
152 (9) The commission may apply for and receive grants, and receive private donations to
153 assist in funding the creation, enhancement, and dissemination of the curriculum.
154 Section 3. Section 63C-14-301 is amended to read:
155 63C-14-301. Commission duties.
156 (1) Until November 30, 2019, the commission shall:
157 (a) study and assess:
158 (i) the financial stability of the federal government;
159 (ii) the level of dependency that the state and local governments have on the receipt of
160 federal funds;
161 (iii) the risk that the state and local governments in the state will experience a reduction
162 in the amount or value of federal funds they receive, in both the near and distant future;
163 (iv) the likely and potential impact on the state and its citizens from a reduction in the
164 amount or value of federal funds received by the state and by local governments in the state, in
165 both the near and distant future; and
166 (v) the likely and potential national impact from a reduction in the amount or value of
167 federal funds paid to the states, in both the near and distant future; and
168 (b) make recommendations to the governor and Legislature on methods to:
169 (i) avoid or minimize the risk of a reduction in the amount or value of federal funds by
170 the state and by local governments in the state;
171 (ii) reduce the dependency of the state and of local governments in the state on federal
172 funds; and
173 (iii) prepare for and respond to a reduction in the amount or value of federal funds by
174 the state and by local governments in the state.
175 (2) After November 30, 2019, the commission shall study, assess, and provide
176 recommendations on any federal issue that the governor, the Legislature through a joint
177 resolution of the Legislature, or the Legislative Management Committee directs the
178 commission to study, assess, and make recommendations on.
179 (3) [
180 report to the Government Operations Interim Committee of the Legislature each year on the
181 commission's findings and recommendations.
182 Section 4. Section 63F-1-205 is amended to read:
183 63F-1-205. Approval of acquisitions of information technology.
184 (1) (a) [
185
186 shall approve the acquisition by an executive branch agency of:
187 (i) information technology equipment;
188 (ii) telecommunications equipment;
189 (iii) software;
190 (iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
191 (v) data acquisition.
192 (b) The chief information officer may negotiate the purchase, lease, or rental of private
193 or public information technology or telecommunication services or facilities in accordance with
194 this section.
195 (c) Where practical, efficient, and economically beneficial, the chief information
196 officer shall use existing private and public information technology or telecommunication
197 resources.
198 (d) Notwithstanding another provision of this section, an acquisition authorized by this
199 section shall comply with rules made by the applicable rulemaking authority under Title 63G,
200 Chapter 6a, Utah Procurement Code.
201 (2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
202 that exceeds the value established by the chief information officer by rule in accordance with
203 Section 63F-1-206, the chief information officer shall:
204 (a) conduct an analysis of the needs of executive branch agencies and subscribers of
205 services and the ability of the proposed information technology or telecommunications services
206 or supplies to meet those needs; and
207 (b) for purchases, leases, or rentals not covered by an existing statewide contract,
208 certify in writing to the chief procurement officer in the Division of Purchasing and General
209 Services that:
210 (i) the analysis required in Subsection (2)(a) was completed; and
211 (ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
212 services, products, or supplies is practical, efficient, and economically beneficial to the state
213 and the executive branch agency or subscriber of services.
214 (3) In approving an acquisition described in Subsections (1) and (2), the chief
215 information officer shall:
216 (a) establish by administrative rule, in accordance with Section 63F-1-206, standards
217 under which an agency must obtain approval from the chief information officer before
218 acquiring the items listed in Subsections (1) and (2);
219 (b) for those acquisitions requiring approval, determine whether the acquisition is in
220 compliance with:
221 (i) the executive branch strategic plan;
222 (ii) the applicable agency information technology plan;
223 (iii) the budget for the executive branch agency or department as adopted by the
224 Legislature;
225 (iv) Title 63G, Chapter 6a, Utah Procurement Code; and
226 (v) the information technology accessibility standards described in Section 63F-1-210;
227 and
228 (c) in accordance with Section 63F-1-207, require coordination of acquisitions between
229 two or more executive branch agencies if it is in the best interests of the state.
230 (4) Each executive branch agency shall provide the chief information officer with
231 complete access to all information technology records, documents, and reports:
232 (a) at the request of the chief information officer; and
233 (b) related to the executive branch agency's acquisition of any item listed in Subsection
234 (1).
235 (5) (a) In accordance with administrative rules established by the department under
236 Section 63F-1-206, an executive branch agency and the department may not initiate a new
237 technology project unless the technology project is described in a formal project plan and a
238 business case analysis is approved by the chief information officer and the highest ranking
239 executive branch agency official.
240 (b) The project plan and business case analysis required by this Subsection (5) shall
241 include:
242 (i) a statement of work to be done and existing work to be modified or displaced;
243 (ii) total cost of system development and conversion effort, including system analysis
244 and programming costs, establishment of master files, testing, documentation, special
245 equipment cost and all other costs, including overhead;
246 (iii) savings or added operating costs that will result after conversion;
247 (iv) other advantages or reasons that justify the work;
248 (v) source of funding of the work, including ongoing costs;
249 (vi) consistency with budget submissions and planning components of budgets; and
250 (vii) whether the work is within the scope of projects or initiatives envisioned when the
251 current fiscal year budget was approved.
252 (c) The chief information officer shall determine the required form of the project plan
253 and business case analysis described in this Subsection (5).
254 (6) The chief information officer and the Division of Purchasing and General Services
255 within the Department of Administrative Services shall work cooperatively to establish
256 procedures under which the chief information officer shall monitor and approve acquisitions as
257 provided in this section.
258 Section 5. Section 63F-2-102 is amended to read:
259 63F-2-102. Data Security Management Council -- Membership -- Duties.
260 (1) There is created the Data Security Management Council composed of nine
261 members as follows:
262 (a) the chief information officer appointed under Section 63F-1-201, or the chief
263 information officer's designee;
264 (b) one individual appointed by the governor;
265 (c) one individual appointed by the speaker of the House of Representatives and the
266 president of the Senate from the Legislative Information Technology Steering Committee; and
267 (d) the highest ranking information technology official, or the highest ranking
268 information technology official's designee, from each of:
269 (i) the Judicial Council;
270 (ii) the State Board of Regents;
271 (iii) the State Board of Education;
272 (iv) the Utah System of Technical Colleges Board of Trustees;
273 (v) the State Tax Commission; and
274 (vi) the Office of the Attorney General.
275 (2) The council shall elect a chair of the council by majority vote.
276 (3) (a) A majority of the members of the council constitutes a quorum.
277 (b) Action by a majority of a quorum of the council constitutes an action of the council.
278 (4) The Department of Technology Services shall provide staff to the council.
279 (5) The council shall meet [
280 (a) review existing state government data security policies;
281 (b) assess ongoing risks to state government information technology;
282 (c) create a method to notify state and local government entities of new risks;
283 (d) coordinate data breach simulation exercises with state and local government
284 entities; and
285 (e) develop data security best practice recommendations for state government that
286 include recommendations regarding:
287 (i) hiring and training a chief information security officer for each government entity;
288 (ii) continuous risk monitoring;
289 (iii) password management;
290 (iv) using the latest technology to identify and respond to vulnerabilities;
291 (v) protecting data in new and old systems; and
292 (vi) best procurement practices.
293 (6) A member who is not a member of the Legislature may not receive compensation
294 or benefits for the member's service but may receive per diem and travel expenses as provided
295 in:
296 (a) Section 63A-3-106;
297 (b) Section 63A-3-107; and
298 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
299 Section 6. Section 63G-2-305 is amended to read:
300 63G-2-305. Protected records.
301 The following records are protected if properly classified by a governmental entity:
302 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
303 has provided the governmental entity with the information specified in Section 63G-2-309;
304 (2) commercial information or nonindividual financial information obtained from a
305 person if:
306 (a) disclosure of the information could reasonably be expected to result in unfair
307 competitive injury to the person submitting the information or would impair the ability of the
308 governmental entity to obtain necessary information in the future;
309 (b) the person submitting the information has a greater interest in prohibiting access
310 than the public in obtaining access; and
311 (c) the person submitting the information has provided the governmental entity with
312 the information specified in Section 63G-2-309;
313 (3) commercial or financial information acquired or prepared by a governmental entity
314 to the extent that disclosure would lead to financial speculations in currencies, securities, or
315 commodities that will interfere with a planned transaction by the governmental entity or cause
316 substantial financial injury to the governmental entity or state economy;
317 (4) records, the disclosure of which could cause commercial injury to, or confer a
318 competitive advantage upon a potential or actual competitor of, a commercial project entity as
319 defined in Subsection 11-13-103(4);
320 (5) test questions and answers to be used in future license, certification, registration,
321 employment, or academic examinations;
322 (6) records, the disclosure of which would impair governmental procurement
323 proceedings or give an unfair advantage to any person proposing to enter into a contract or
324 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
325 Subsection (6) does not restrict the right of a person to have access to, after the contract or
326 grant has been awarded and signed by all parties, a bid, proposal, application, or other
327 information submitted to or by a governmental entity in response to:
328 (a) an invitation for bids;
329 (b) a request for proposals;
330 (c) a request for quotes;
331 (d) a grant; or
332 (e) other similar document;
333 (7) information submitted to or by a governmental entity in response to a request for
334 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
335 the right of a person to have access to the information, after:
336 (a) a contract directly relating to the subject of the request for information has been
337 awarded and signed by all parties; or
338 (b) (i) a final determination is made not to enter into a contract that relates to the
339 subject of the request for information; and
340 (ii) at least two years have passed after the day on which the request for information is
341 issued;
342 (8) records that would identify real property or the appraisal or estimated value of real
343 or personal property, including intellectual property, under consideration for public acquisition
344 before any rights to the property are acquired unless:
345 (a) public interest in obtaining access to the information is greater than or equal to the
346 governmental entity's need to acquire the property on the best terms possible;
347 (b) the information has already been disclosed to persons not employed by or under a
348 duty of confidentiality to the entity;
349 (c) in the case of records that would identify property, potential sellers of the described
350 property have already learned of the governmental entity's plans to acquire the property;
351 (d) in the case of records that would identify the appraisal or estimated value of
352 property, the potential sellers have already learned of the governmental entity's estimated value
353 of the property; or
354 (e) the property under consideration for public acquisition is a single family residence
355 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
356 the property as required under Section 78B-6-505;
357 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
358 compensated transaction of real or personal property including intellectual property, which, if
359 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
360 of the subject property, unless:
361 (a) the public interest in access is greater than or equal to the interests in restricting
362 access, including the governmental entity's interest in maximizing the financial benefit of the
363 transaction; or
364 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
365 the value of the subject property have already been disclosed to persons not employed by or
366 under a duty of confidentiality to the entity;
367 (10) records created or maintained for civil, criminal, or administrative enforcement
368 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
369 release of the records:
370 (a) reasonably could be expected to interfere with investigations undertaken for
371 enforcement, discipline, licensing, certification, or registration purposes;
372 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
373 proceedings;
374 (c) would create a danger of depriving a person of a right to a fair trial or impartial
375 hearing;
376 (d) reasonably could be expected to disclose the identity of a source who is not
377 generally known outside of government and, in the case of a record compiled in the course of
378 an investigation, disclose information furnished by a source not generally known outside of
379 government if disclosure would compromise the source; or
380 (e) reasonably could be expected to disclose investigative or audit techniques,
381 procedures, policies, or orders not generally known outside of government if disclosure would
382 interfere with enforcement or audit efforts;
383 (11) records the disclosure of which would jeopardize the life or safety of an
384 individual;
385 (12) records the disclosure of which would jeopardize the security of governmental
386 property, governmental programs, or governmental recordkeeping systems from damage, theft,
387 or other appropriation or use contrary to law or public policy;
388 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
389 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
390 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
391 (14) records that, if disclosed, would reveal recommendations made to the Board of
392 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
393 Board of Pardons and Parole, or the Department of Human Services that are based on the
394 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
395 jurisdiction;
396 (15) records and audit workpapers that identify audit, collection, and operational
397 procedures and methods used by the State Tax Commission, if disclosure would interfere with
398 audits or collections;
399 (16) records of a governmental audit agency relating to an ongoing or planned audit
400 until the final audit is released;
401 (17) records that are subject to the attorney client privilege;
402 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
403 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
404 quasi-judicial, or administrative proceeding;
405 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
406 from a member of the Legislature; and
407 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
408 legislative action or policy may not be classified as protected under this section; and
409 (b) (i) an internal communication that is part of the deliberative process in connection
410 with the preparation of legislation between:
411 (A) members of a legislative body;
412 (B) a member of a legislative body and a member of the legislative body's staff; or
413 (C) members of a legislative body's staff; and
414 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
415 legislative action or policy may not be classified as protected under this section;
416 (20) (a) records in the custody or control of the Office of Legislative Research and
417 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
418 legislation or contemplated course of action before the legislator has elected to support the
419 legislation or course of action, or made the legislation or course of action public; and
420 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
421 Office of Legislative Research and General Counsel is a public document unless a legislator
422 asks that the records requesting the legislation be maintained as protected records until such
423 time as the legislator elects to make the legislation or course of action public;
424 (21) research requests from legislators to the Office of Legislative Research and
425 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
426 in response to these requests;
427 (22) drafts, unless otherwise classified as public;
428 (23) records concerning a governmental entity's strategy about:
429 (a) collective bargaining; or
430 (b) imminent or pending litigation;
431 (24) records of investigations of loss occurrences and analyses of loss occurrences that
432 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
433 Uninsured Employers' Fund, or similar divisions in other governmental entities;
434 (25) records, other than personnel evaluations, that contain a personal recommendation
435 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
436 personal privacy, or disclosure is not in the public interest;
437 (26) records that reveal the location of historic, prehistoric, paleontological, or
438 biological resources that if known would jeopardize the security of those resources or of
439 valuable historic, scientific, educational, or cultural information;
440 (27) records of independent state agencies if the disclosure of the records would
441 conflict with the fiduciary obligations of the agency;
442 (28) records of an institution within the state system of higher education defined in
443 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
444 retention decisions, and promotions, which could be properly discussed in a meeting closed in
445 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
446 the final decisions about tenure, appointments, retention, promotions, or those students
447 admitted, may not be classified as protected under this section;
448 (29) records of the governor's office, including budget recommendations, legislative
449 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
450 policies or contemplated courses of action before the governor has implemented or rejected
451 those policies or courses of action or made them public;
452 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
453 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
454 recommendations in these areas;
455 (31) records provided by the United States or by a government entity outside the state
456 that are given to the governmental entity with a requirement that they be managed as protected
457 records if the providing entity certifies that the record would not be subject to public disclosure
458 if retained by it;
459 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
460 except as provided in Section 52-4-206;
461 (33) records that would reveal the contents of settlement negotiations but not including
462 final settlements or empirical data to the extent that they are not otherwise exempt from
463 disclosure;
464 (34) memoranda prepared by staff and used in the decision-making process by an
465 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
466 other body charged by law with performing a quasi-judicial function;
467 (35) records that would reveal negotiations regarding assistance or incentives offered
468 by or requested from a governmental entity for the purpose of encouraging a person to expand
469 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
470 person or place the governmental entity at a competitive disadvantage, but this section may not
471 be used to restrict access to a record evidencing a final contract;
472 (36) materials to which access must be limited for purposes of securing or maintaining
473 the governmental entity's proprietary protection of intellectual property rights including patents,
474 copyrights, and trade secrets;
475 (37) the name of a donor or a prospective donor to a governmental entity, including an
476 institution within the state system of higher education defined in Section 53B-1-102, and other
477 information concerning the donation that could reasonably be expected to reveal the identity of
478 the donor, provided that:
479 (a) the donor requests anonymity in writing;
480 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
481 classified protected by the governmental entity under this Subsection (37); and
482 (c) except for an institution within the state system of higher education defined in
483 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
484 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
485 over the donor, a member of the donor's immediate family, or any entity owned or controlled
486 by the donor or the donor's immediate family;
487 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
488 73-18-13;
489 (39) a notification of workers' compensation insurance coverage described in Section
490 34A-2-205;
491 (40) (a) the following records of an institution within the state system of higher
492 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
493 or received by or on behalf of faculty, staff, employees, or students of the institution:
494 (i) unpublished lecture notes;
495 (ii) unpublished notes, data, and information:
496 (A) relating to research; and
497 (B) of:
498 (I) the institution within the state system of higher education defined in Section
499 53B-1-102; or
500 (II) a sponsor of sponsored research;
501 (iii) unpublished manuscripts;
502 (iv) creative works in process;
503 (v) scholarly correspondence; and
504 (vi) confidential information contained in research proposals;
505 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
506 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
507 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
508 (41) (a) records in the custody or control of the Office of Legislative Auditor General
509 that would reveal the name of a particular legislator who requests a legislative audit prior to the
510 date that audit is completed and made public; and
511 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
512 Office of the Legislative Auditor General is a public document unless the legislator asks that
513 the records in the custody or control of the Office of Legislative Auditor General that would
514 reveal the name of a particular legislator who requests a legislative audit be maintained as
515 protected records until the audit is completed and made public;
516 (42) records that provide detail as to the location of an explosive, including a map or
517 other document that indicates the location of:
518 (a) a production facility; or
519 (b) a magazine;
520 (43) information:
521 (a) contained in the statewide database of the Division of Aging and Adult Services
522 created by Section 62A-3-311.1; or
523 (b) received or maintained in relation to the Identity Theft Reporting Information
524 System (IRIS) established under Section 67-5-22;
525 (44) information contained in the Management Information System and Licensing
526 Information System described in Title 62A, Chapter 4a, Child and Family Services;
527 (45) information regarding National Guard operations or activities in support of the
528 National Guard's federal mission;
529 (46) records provided by any pawn or secondhand business to a law enforcement
530 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
531 Secondhand Merchandise Transaction Information Act;
532 (47) information regarding food security, risk, and vulnerability assessments performed
533 by the Department of Agriculture and Food;
534 (48) except to the extent that the record is exempt from this chapter pursuant to Section
535 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
536 prepared or maintained by the Division of Emergency Management, and the disclosure of
537 which would jeopardize:
538 (a) the safety of the general public; or
539 (b) the security of:
540 (i) governmental property;
541 (ii) governmental programs; or
542 (iii) the property of a private person who provides the Division of Emergency
543 Management information;
544 (49) records of the Department of Agriculture and Food that provides for the
545 identification, tracing, or control of livestock diseases, including any program established under
546 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
547 of Animal Disease;
548 (50) as provided in Section 26-39-501:
549 (a) information or records held by the Department of Health related to a complaint
550 regarding a child care program or residential child care which the department is unable to
551 substantiate; and
552 (b) information or records related to a complaint received by the Department of Health
553 from an anonymous complainant regarding a child care program or residential child care;
554 (51) unless otherwise classified as public under Section 63G-2-301 and except as
555 provided under Section 41-1a-116, an individual's home address, home telephone number, or
556 personal mobile phone number, if:
557 (a) the individual is required to provide the information in order to comply with a law,
558 ordinance, rule, or order of a government entity; and
559 (b) the subject of the record has a reasonable expectation that this information will be
560 kept confidential due to:
561 (i) the nature of the law, ordinance, rule, or order; and
562 (ii) the individual complying with the law, ordinance, rule, or order;
563 (52) the name, home address, work addresses, and telephone numbers of an individual
564 that is engaged in, or that provides goods or services for, medical or scientific research that is:
565 (a) conducted within the state system of higher education, as defined in Section
566 53B-1-102; and
567 (b) conducted using animals;
568 [
569
570 [
571 Performance Evaluation Commission concerning an individual commissioner's vote on
572 whether or not to recommend that the voters retain a judge including information disclosed
573 under Subsection 78A-12-203(5)(e);
574 [
575 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
576 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
577 the information or report;
578 [
579 Section 62A-4a-1003;
580 [
581 Office in furtherance of any contract or other agreement made in accordance with Section
582 63J-4-603;
583 [
584 63H-7a-302;
585 [
586 (a) a management plan for a water conveyance facility in the possession of the Division
587 of Water Resources or the Board of Water Resources; or
588 (b) an outline of an emergency response plan in possession of the state or a county or
589 municipality;
590 [
591 General of Medicaid Services, created in Section 63A-13-201:
592 (a) records that would disclose information relating to allegations of personal
593 misconduct, gross mismanagement, or illegal activity of a person if the information or
594 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
595 through other documents or evidence, and the records relating to the allegation are not relied
596 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
597 report or final audit report;
598 (b) records and audit workpapers to the extent they would disclose the identity of a
599 person who, during the course of an investigation or audit, communicated the existence of any
600 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
601 regulation adopted under the laws of this state, a political subdivision of the state, or any
602 recognized entity of the United States, if the information was disclosed on the condition that
603 the identity of the person be protected;
604 (c) before the time that an investigation or audit is completed and the final
605 investigation or final audit report is released, records or drafts circulated to a person who is not
606 an employee or head of a governmental entity for the person's response or information;
607 (d) records that would disclose an outline or part of any investigation, audit survey
608 plan, or audit program; or
609 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
610 investigation or audit;
611 [
612 Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
613 waste, or abuse;
614 [
615 Occupational and Professional Licensing under Subsection 58-68-304(3) or (4);
616 [
617 [
618 reader system used by a governmental entity as authorized in Section 41-6a-2003;
619 [
620 to a victim, including:
621 (a) a victim's application or request for benefits;
622 (b) a victim's receipt or denial of benefits; and
623 (c) any administrative notes or records made or created for the purpose of, or used to,
624 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
625 Reparations Fund;
626 [
627 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
628 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
629 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
630 that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
631 (a) depict the commission of an alleged crime;
632 (b) record any encounter between a law enforcement officer and a person that results in
633 death or bodily injury, or includes an instance when an officer fires a weapon;
634 (c) record any encounter that is the subject of a complaint or a legal proceeding against
635 a law enforcement officer or law enforcement agency;
636 (d) contain an officer involved critical incident as defined in Subsection
637 76-2-408(1)(d); or
638 (e) have been requested for reclassification as a public record by a subject or
639 authorized agent of a subject featured in the recording; and
640 [
641 higher education described in Section 53B-2-102, except for application materials for a
642 publicly announced finalist.
643 Section 7. Section 63G-6a-304 is amended to read:
644 63G-6a-304. Delegation of authority.
645 [
646 delegate authority to designees or to any department, agency, or official.
647 [
648
649
650 Section 8. Section 63G-6a-305 is amended to read:
651 63G-6a-305. Duty of chief procurement officer in maintaining specifications.
652 (1) The chief procurement officer may prepare, issue, revise, maintain, and monitor the
653 use of specifications for each procurement over which the chief procurement officer has
654 authority.
655 (2) The chief procurement officer shall obtain expert advice and assistance from
656 personnel of procurement units in the development of specifications and may delegate in
657 writing to a procurement unit the authority to prepare and utilize its own specifications.
658 [
659
660
661 Section 9. Section 63I-4a-203 is amended to read:
662 63I-4a-203. Free Market Protection and Privatization Board -- Duties.
663 (1) The board shall:
664 (a) determine whether an activity provided by an agency could be privatized to provide
665 the same types and quality of a good or service that would result in cost savings;
666 (b) review privatization of an activity at the request of:
667 (i) an agency; or
668 (ii) a private enterprise;
669 (c) review issues concerning agency competition with one or more private enterprises
670 to determine:
671 (i) whether privatization:
672 (A) would be feasible;
673 (B) would result in cost savings; and
674 (C) would result in equal or better quality of a good or service; and
675 (ii) ways to eliminate any unfair competition with a private enterprise;
676 (d) recommend privatization to an agency if a proposed privatization is demonstrated
677 to provide a more cost efficient and effective manner of providing a good or service, taking
678 into account:
679 (i) the scope of providing the good or service;
680 (ii) whether cost savings will be realized;
681 (iii) whether quality will be improved;
682 (iv) the impact on risk management;
683 (v) the impact on timeliness;
684 (vi) the ability to accommodate fluctuating demand;
685 (vii) the ability to access outside expertise;
686 (viii) the impact on oversight;
687 (ix) the ability to develop sound policy and implement best practices; and
688 (x) legal and practical impediments to privatization;
689 (e) comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in making
690 rules establishing privatization standards, procedures, and requirements;
691 (f) in fulfilling the duties described in this Subsection (1), consult with, maintain
692 communication with, and access information from:
693 (i) other entities promoting privatization; and
694 (ii) managers and employees in the public sector;
695 (g) comply with Part 3, Commercial Activities Inventory and Review; and
696 (h) (i) prepare an annual report [
697 (A) information about the board's activities;
698 (B) recommendations on privatizing an activity provided by an agency; and
699 (C) the status of the inventory created under Part 3, Commercial Activities Inventory
700 and Review; and
701 (ii) each year, electronically submit the [
702 (1)(h)(i) to the [
703
704
705 [
706
707 (2) (a) The board may, using the criteria described in Subsection (1), consider whether
708 to recommend privatization of an activity provided by an agency or a local entity:
709 (i) on the board's own initiative;
710 (ii) upon request by an agency or a local entity;
711 (iii) in response to a complaint that an agency or a local entity is engaging in unfair
712 competition with a private enterprise; or
713 (iv) in light of a proposal made by any person, regardless of whether the proposal was
714 solicited.
715 (b) The board may, using the criteria described in Subsection (1), consider whether to
716 recommend privatization of an activity provided by an entity that is an exempted agency under
717 Subsection 63I-4a-102(2)(b) if the entity requests that the board review privatization of the
718 activity provided by the entity.
719 (3) In addition to filing a copy of recommendations for privatization with an agency
720 head, the board shall file a copy of its recommendations for privatization with:
721 (a) the governor's office; and
722 (b) the Office of Legislative Fiscal Analyst for submission to the relevant legislative
723 appropriation subcommittee.
724 (4) (a) The board may appoint advisory groups to conduct studies, research, or
725 analyses, and make reports and recommendations with respect to a matter within the
726 jurisdiction of the board.
727 (b) At least one member of the board shall serve on each advisory group.
728 (5) (a) Subject to Subsection (5)(b), this chapter does not preclude an agency from
729 privatizing the provision of a good or service independent of the board.
730 (b) If an agency privatizes the provision of a good or service, the agency shall include
731 as part of the contract that privatizes the provision of the good or service that any contractor
732 assumes all liability to provide the good or service.
733 Section 10. Repealer.
734 This bill repeals:
735 Section 19-6-102.6, Legislative participation in landfill siting disputes.
736 Section 36-25-101, Title.
737 Section 36-25-102, Rural Development Legislative Liaison Committee -- Creation
738 -- Membership -- Chairs -- Salary -- Expenses.
739 Section 36-25-103, Duties.
740 Section 36-25-104, Staff support.
741 Section 63G-6a-711, Procurement for submitted proposal.
742 Section 63I-3-101, Title.
743 Section 63I-3-102, Definitions.
744 Section 63I-3-201, Creation -- Members -- Appointment -- Qualifications -- Term
745 of office -- Maximum length of service.
746 Section 63I-3-202, Vacancies -- Person filling a vacancy begins serving new term.
747 Section 63I-3-203, Duties.
748 Section 63I-3-204, The commission may invite testimony.
749 Section 63I-3-205, Public hearings -- Purpose.
750 Section 63I-3-206, Per diem and travel expenses of members.
751 Section 63I-3-207, Appointment of staff.
752 Section 63N-13-201, Title.
753 Section 63N-13-202, Definitions.
754 Section 63N-13-203, Government Procurement Private Proposal Program --
755 Proposals -- Rulemaking.
756 Section 63N-13-204, Committee for reviewing proposals -- Appointment --
757 Accepting or rejecting a proposal.
758 Section 63N-13-205, Initial proposal -- Requirements.
759 Section 63N-13-206, Review of initial proposal -- Affected department review.
760 Section 63N-13-207, Acceptance of initial proposal -- Obtaining detailed proposals.
761 Section 63N-13-208, Detailed proposal -- Requirements -- Cooperation of affected
762 department.
763 Section 63N-13-209, Receipt of detailed proposals -- Economic feasibility report --
764 Acceptance of a detailed proposal.
765 Section 63N-13-210, Project agreement.
766 Section 63N-13-211, Advisory committee.
767 Section 63N-13-212, Private Proposal Expendable Special Revenue Fund -- Fees.
Legislative Review Note
Office of Legislative Research and General Counsel