1     
GOVERNMENT OPERATIONS COMMITTEE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Jeremy A. Peterson

6     

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) [On May 20 and October 20 of each] Each year, the commission shall submit a

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) [On or before November 30 of each year, the] The commission shall present a
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) [Except as provided in Title 63N, Chapter 13, Part 2, Government Procurement
185     Private Proposal Program, in] In accordance with Subsection (2), the chief information officer
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 [monthly] quarterly, or as often as necessary, to:
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          [(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
569     Private Proposal Program, to the extent not made public by rules made under that chapter;]
570          [(54)] (53) in accordance with Section 78A-12-203, any record of the Judicial
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          [(55)] (54) information collected and a report prepared by the Judicial Performance
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          [(56)] (55) records contained in the Management Information System created in
579     Section 62A-4a-1003;
580          [(57)] (56) records provided or received by the Public Lands Policy Coordinating
581     Office in furtherance of any contract or other agreement made in accordance with Section
582     63J-4-603;
583          [(58)] (57) information requested by and provided to the 911 Division under Section
584     63H-7a-302;
585          [(59)] (58) in accordance with Section 73-10-33:

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          [(60)] (59) the following records in the custody or control of the Office of Inspector
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          [(61)] (60) records that reveal methods used by the Office of Inspector General of
612     Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
613     waste, or abuse;
614          [(62)] (61) information provided to the Department of Health or the Division of
615     Occupational and Professional Licensing under Subsection 58-68-304(3) or (4);
616          [(63)] (62) a record described in Section 63G-12-210;

617          [(64)] (63) captured plate data that is obtained through an automatic license plate
618     reader system used by a governmental entity as authorized in Section 41-6a-2003;
619          [(65)] (64) any record in the custody of the Utah Office for Victims of Crime relating
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          [(66)] (65) an audio or video recording created by a body-worn camera, as that term is
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          [(67)] (66) a record pertaining to the search process for a president of an institution of
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          [(1)] In accordance with rules made by the board, the chief procurement officer may
646     delegate authority to designees or to any department, agency, or official.
647          [(2) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement

648     Private Proposal Program, any delegation by the chief procurement officer under this section
649     shall be made to the Governor's Office of Economic Development.]
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          [(3) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement
659     Private Proposal Program, any delegation by the chief procurement officer under this section
660     shall be made to the Governor's Office of Economic Development.]
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 [for each calendar year] that contains:
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 [annual] report described in Subsection
702     (1)(h)(i) to the [Legislature] Government Operations Interim Committee and the governor [by
703     no later than January 15 immediately following the calendar year for which the report is made;
704     and].
705          [(iii) submit, before November 1, an annual written report to the Government
706     Operations Interim Committee.]
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