1     
REGULATORY SANDBOX PROGRAM AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Ann Millner

6     Cosponsors:
7     Cheryl K. Acton
8     Carl R. Albrecht
9     Melissa G. Ballard
10     Stewart E. Barlow
11     Walt Brooks
12     Steve R. Christiansen
13     Jennifer Dailey-Provost
14     Francis D. Gibson
15     Matthew H. Gwynn
16     Stephen G. Handy
17     Suzanne Harrison
18     Sandra Hollins
19     Dan N. Johnson
20     Marsha Judkins
21     Michael L. Kohler
Karen Kwan
Bradley G. Last
Karianne Lisonbee
Ashlee Matthews
Kelly B. Miles
Carol Spackman Moss
Jefferson Moss
Merrill F. Nelson
Michael J. Petersen
Val L. Peterson
Susan Pulsipher
Paul Ray
Adam Robertson
Angela Romero
Douglas V. Sagers
Travis M. Seegmiller
V. Lowry Snow
Andrew Stoddard
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Raymond P. Ward
Christine F. Watkins
Elizabeth Weight
Douglas R. Welton
Mark A. Wheatley
Ryan D. Wilcox
Mike Winder

22     

23     LONG TITLE
24     General Description:
25          This bill creates the Utah Office of Regulatory Relief (regulatory relief office) within
26     the Governor's Office of Economic Development (GOED).
27     Highlighted Provisions:
28          This bill:

29          ▸     creates the regulatory relief office within GOED;
30          ▸     defines terms;
31          ▸     describes the duties of the regulatory relief office;
32          ▸     creates the General Regulatory Sandbox Program (sandbox program), which allows
33     the office to waive laws or regulations applicable to a participant under certain
34     circumstances;
35          ▸     describes how the sandbox program is to be administered by the regulatory relief
36     office;
37          ▸     describes reporting and other requirements of the regulatory relief office and
38     participants in the sandbox program;
39          ▸     creates the General Regulatory Sandbox Program Advisory Committee (advisory
40     committee);
41          ▸     describes the membership and duties of the advisory committee; and
42          ▸     requires the regulatory relief office to create a web page where residents and
43     businesses in the state may provide suggestions regarding modifying or eliminating
44     laws and regulations to reduce the regulatory burden on residents and businesses in
45     the state.
46     Money Appropriated in this Bill:
47          None
48     Other Special Clauses:
49          None
50     Utah Code Sections Affected:
51     AMENDS:
52          13-55-102, as enacted by Laws of Utah 2019, Chapter 243
53          31A-47-102, as enacted by Laws of Utah 2020, Chapter 141
54          63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
55     and 393
56     ENACTS:

57          63N-16-101, Utah Code Annotated 1953
58          63N-16-102, Utah Code Annotated 1953
59          63N-16-103, Utah Code Annotated 1953
60          63N-16-104, Utah Code Annotated 1953
61          63N-16-105, Utah Code Annotated 1953
62          63N-16-201, Utah Code Annotated 1953
63          63N-16-202, Utah Code Annotated 1953
64          63N-16-203, Utah Code Annotated 1953
65          63N-16-204, Utah Code Annotated 1953
66          63N-16-205, Utah Code Annotated 1953
67          63N-16-206, Utah Code Annotated 1953
68          63N-16-301, Utah Code Annotated 1953
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 13-55-102 is amended to read:
72          13-55-102. Definitions.
73          As used in this chapter:
74          (1) "Applicable agency" means a department or agency of the state, including the
75     department and the Department of Financial Institutions, that by law regulates certain types of
76     business activity in the state and persons engaged in such business activity, including the
77     issuance of licenses or other types of authorization, which the department determines would
78     otherwise regulate a sandbox participant.
79          (2) "Applicant" means an individual or entity that is applying to participate in the
80     regulatory sandbox.
81          (3) "Blockchain technology" means the use of a digital database containing records of
82     financial transactions, which can be simultaneously used and shared within a decentralized,
83     publicly accessible network and can record transactions between two parties in a verifiable and
84     permanent way.

85          (4) "Consumer" means a person that purchases or otherwise enters into a transaction or
86     agreement to receive an innovative product or service that is being tested by a sandbox
87     participant.
88          (5) "Department" means the Department of Commerce.
89          (6) (a) "Financial product or service" means:
90          (i) a financial product or financial service that requires state licensure or registration; or
91          (ii) a financial product or financial service that includes a business model, delivery
92     mechanism, or element that may require a license or other authorization to act as a financial
93     institution, enterprise, or other entity that is regulated by Title 7, Financial Institutions Act, or
94     other related provisions.
95          (b) "Financial product or service" does not include a product or service that is governed
96     by:
97          (i) Title 31A, Insurance Code; or
98          (ii) Title 61, Chapter 1, Utah Uniform Securities Act.
99          (7) "Innovation" means the use or incorporation of a new idea, a new or emerging
100     technology, or a new use of existing technology, including blockchain technology, to address a
101     problem, provide a benefit, or otherwise offer a product, service, business model, or delivery
102     mechanism [that is not known by the department to have a comparable widespread offering in
103     the state].
104          (8) "Innovative product or service" means a financial product or service that includes
105     an innovation.
106          (9) "Regulatory sandbox" means the Regulatory Sandbox Program created by Section
107     13-55-103, which allows a person to temporarily test an innovative product or service on a
108     limited basis without otherwise being licensed or authorized to act under the laws of the state.
109          (10) "Sandbox participant" means a person whose application to participate in the
110     regulatory sandbox is approved in accordance with the provisions of this chapter.
111          (11) "Test" means to provide an innovative product or service in accordance with the
112     provisions of this chapter.

113          Section 2. Section 31A-47-102 is amended to read:
114          31A-47-102. Definitions.
115          As used in this chapter:
116          (1) "Applicable agency" means a department or agency of the state, including the
117     department and the Department of Commerce, that by law regulates certain types of
118     insurance-related business activity in the state and persons engaged in such insurance-related
119     business activity, including the issuance of licenses or other types of authorization, which the
120     department determines would otherwise regulate an insurance sandbox participant.
121          (2) "Applicant" means an individual or entity that is applying to participate in the
122     insurance regulatory sandbox.
123          (3) "Blockchain technology" means the use of a digital database containing records of
124     financial transactions, which can be simultaneously used and shared within a decentralized,
125     publicly accessible network and can record transactions between two parties in a verifiable and
126     permanent way.
127          (4) "Consumer" means a person that purchases or otherwise enters into a transaction or
128     agreement to receive an innovative insurance product or service that is being tested by an
129     insurance sandbox participant.
130          (5) "Department" means the Department of Insurance.
131          (6) "Innovation" means the use or incorporation of a new idea, a new or emerging
132     technology, or a new use of existing technology, including blockchain technology, to address a
133     problem, provide a benefit, or otherwise offer a product, service, business model, or delivery
134     mechanism [that is not known by the department to have a comparable widespread offering in
135     the state].
136          (7) "Innovative insurance product or service" means an insurance product or service
137     that includes an innovation.
138          (8) (a) "Insurance product or service" means an insurance product or insurance service
139     that requires state licensure, registration, or other authorization as regulated by Title 31A,
140     Insurance Code, including an insurance product or insurance service that includes a business

141     model, delivery mechanism, or element that requires a license, registration, or other
142     authorization to do an insurance business, act as an insurance producer or consultant, or engage
143     in insurance adjusting as regulated by Title 31A, Insurance Code.
144          (b) "Insurance product or service" does not include a product or service that is
145     governed by Title 61, Chapter 1, Utah Uniform Securities Act.
146          (9) "Insurance regulatory sandbox" means the Insurance Regulatory Sandbox Program
147     created by Section 31A-47-103, which allows a person to temporarily test an innovative
148     insurance product or service on a limited basis without otherwise being licensed or authorized
149     to act under the laws of the state.
150          (10) "Insurance sandbox participant" means a person whose application to participate
151     in the insurance regulatory sandbox is approved in accordance with the provisions of this
152     chapter.
153          (11) "Test" means to provide an innovative insurance product or service in accordance
154     with the provisions of this chapter.
155          Section 3. Section 63G-2-305 is amended to read:
156          63G-2-305. Protected records.
157          The following records are protected if properly classified by a governmental entity:
158          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
159     has provided the governmental entity with the information specified in Section 63G-2-309;
160          (2) commercial information or nonindividual financial information obtained from a
161     person if:
162          (a) disclosure of the information could reasonably be expected to result in unfair
163     competitive injury to the person submitting the information or would impair the ability of the
164     governmental entity to obtain necessary information in the future;
165          (b) the person submitting the information has a greater interest in prohibiting access
166     than the public in obtaining access; and
167          (c) the person submitting the information has provided the governmental entity with
168     the information specified in Section 63G-2-309;

169          (3) commercial or financial information acquired or prepared by a governmental entity
170     to the extent that disclosure would lead to financial speculations in currencies, securities, or
171     commodities that will interfere with a planned transaction by the governmental entity or cause
172     substantial financial injury to the governmental entity or state economy;
173          (4) records, the disclosure of which could cause commercial injury to, or confer a
174     competitive advantage upon a potential or actual competitor of, a commercial project entity as
175     defined in Subsection 11-13-103(4);
176          (5) test questions and answers to be used in future license, certification, registration,
177     employment, or academic examinations;
178          (6) records, the disclosure of which would impair governmental procurement
179     proceedings or give an unfair advantage to any person proposing to enter into a contract or
180     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
181     Subsection (6) does not restrict the right of a person to have access to, after the contract or
182     grant has been awarded and signed by all parties:
183          (a) a bid, proposal, application, or other information submitted to or by a governmental
184     entity in response to:
185          (i) an invitation for bids;
186          (ii) a request for proposals;
187          (iii) a request for quotes;
188          (iv) a grant; or
189          (v) other similar document; or
190          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
191          (7) information submitted to or by a governmental entity in response to a request for
192     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
193     the right of a person to have access to the information, after:
194          (a) a contract directly relating to the subject of the request for information has been
195     awarded and signed by all parties; or
196          (b) (i) a final determination is made not to enter into a contract that relates to the

197     subject of the request for information; and
198          (ii) at least two years have passed after the day on which the request for information is
199     issued;
200          (8) records that would identify real property or the appraisal or estimated value of real
201     or personal property, including intellectual property, under consideration for public acquisition
202     before any rights to the property are acquired unless:
203          (a) public interest in obtaining access to the information is greater than or equal to the
204     governmental entity's need to acquire the property on the best terms possible;
205          (b) the information has already been disclosed to persons not employed by or under a
206     duty of confidentiality to the entity;
207          (c) in the case of records that would identify property, potential sellers of the described
208     property have already learned of the governmental entity's plans to acquire the property;
209          (d) in the case of records that would identify the appraisal or estimated value of
210     property, the potential sellers have already learned of the governmental entity's estimated value
211     of the property; or
212          (e) the property under consideration for public acquisition is a single family residence
213     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
214     the property as required under Section 78B-6-505;
215          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
216     compensated transaction of real or personal property including intellectual property, which, if
217     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
218     of the subject property, unless:
219          (a) the public interest in access is greater than or equal to the interests in restricting
220     access, including the governmental entity's interest in maximizing the financial benefit of the
221     transaction; or
222          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
223     the value of the subject property have already been disclosed to persons not employed by or
224     under a duty of confidentiality to the entity;

225          (10) records created or maintained for civil, criminal, or administrative enforcement
226     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
227     release of the records:
228          (a) reasonably could be expected to interfere with investigations undertaken for
229     enforcement, discipline, licensing, certification, or registration purposes;
230          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
231     proceedings;
232          (c) would create a danger of depriving a person of a right to a fair trial or impartial
233     hearing;
234          (d) reasonably could be expected to disclose the identity of a source who is not
235     generally known outside of government and, in the case of a record compiled in the course of
236     an investigation, disclose information furnished by a source not generally known outside of
237     government if disclosure would compromise the source; or
238          (e) reasonably could be expected to disclose investigative or audit techniques,
239     procedures, policies, or orders not generally known outside of government if disclosure would
240     interfere with enforcement or audit efforts;
241          (11) records the disclosure of which would jeopardize the life or safety of an
242     individual;
243          (12) records the disclosure of which would jeopardize the security of governmental
244     property, governmental programs, or governmental recordkeeping systems from damage, theft,
245     or other appropriation or use contrary to law or public policy;
246          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
247     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
248     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
249          (14) records that, if disclosed, would reveal recommendations made to the Board of
250     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
251     Board of Pardons and Parole, or the Department of Human Services that are based on the
252     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's

253     jurisdiction;
254          (15) records and audit workpapers that identify audit, collection, and operational
255     procedures and methods used by the State Tax Commission, if disclosure would interfere with
256     audits or collections;
257          (16) records of a governmental audit agency relating to an ongoing or planned audit
258     until the final audit is released;
259          (17) records that are subject to the attorney client privilege;
260          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
261     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
262     quasi-judicial, or administrative proceeding;
263          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
264     from a member of the Legislature; and
265          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
266     legislative action or policy may not be classified as protected under this section; and
267          (b) (i) an internal communication that is part of the deliberative process in connection
268     with the preparation of legislation between:
269          (A) members of a legislative body;
270          (B) a member of a legislative body and a member of the legislative body's staff; or
271          (C) members of a legislative body's staff; and
272          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
273     legislative action or policy may not be classified as protected under this section;
274          (20) (a) records in the custody or control of the Office of Legislative Research and
275     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
276     legislation or contemplated course of action before the legislator has elected to support the
277     legislation or course of action, or made the legislation or course of action public; and
278          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
279     Office of Legislative Research and General Counsel is a public document unless a legislator
280     asks that the records requesting the legislation be maintained as protected records until such

281     time as the legislator elects to make the legislation or course of action public;
282          (21) research requests from legislators to the Office of Legislative Research and
283     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
284     in response to these requests;
285          (22) drafts, unless otherwise classified as public;
286          (23) records concerning a governmental entity's strategy about:
287          (a) collective bargaining; or
288          (b) imminent or pending litigation;
289          (24) records of investigations of loss occurrences and analyses of loss occurrences that
290     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
291     Uninsured Employers' Fund, or similar divisions in other governmental entities;
292          (25) records, other than personnel evaluations, that contain a personal recommendation
293     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
294     personal privacy, or disclosure is not in the public interest;
295          (26) records that reveal the location of historic, prehistoric, paleontological, or
296     biological resources that if known would jeopardize the security of those resources or of
297     valuable historic, scientific, educational, or cultural information;
298          (27) records of independent state agencies if the disclosure of the records would
299     conflict with the fiduciary obligations of the agency;
300          (28) records of an institution within the state system of higher education defined in
301     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
302     retention decisions, and promotions, which could be properly discussed in a meeting closed in
303     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
304     the final decisions about tenure, appointments, retention, promotions, or those students
305     admitted, may not be classified as protected under this section;
306          (29) records of the governor's office, including budget recommendations, legislative
307     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
308     policies or contemplated courses of action before the governor has implemented or rejected

309     those policies or courses of action or made them public;
310          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
311     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
312     recommendations in these areas;
313          (31) records provided by the United States or by a government entity outside the state
314     that are given to the governmental entity with a requirement that they be managed as protected
315     records if the providing entity certifies that the record would not be subject to public disclosure
316     if retained by it;
317          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
318     public body except as provided in Section 52-4-206;
319          (33) records that would reveal the contents of settlement negotiations but not including
320     final settlements or empirical data to the extent that they are not otherwise exempt from
321     disclosure;
322          (34) memoranda prepared by staff and used in the decision-making process by an
323     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
324     other body charged by law with performing a quasi-judicial function;
325          (35) records that would reveal negotiations regarding assistance or incentives offered
326     by or requested from a governmental entity for the purpose of encouraging a person to expand
327     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
328     person or place the governmental entity at a competitive disadvantage, but this section may not
329     be used to restrict access to a record evidencing a final contract;
330          (36) materials to which access must be limited for purposes of securing or maintaining
331     the governmental entity's proprietary protection of intellectual property rights including patents,
332     copyrights, and trade secrets;
333          (37) the name of a donor or a prospective donor to a governmental entity, including an
334     institution within the state system of higher education defined in Section 53B-1-102, and other
335     information concerning the donation that could reasonably be expected to reveal the identity of
336     the donor, provided that:

337          (a) the donor requests anonymity in writing;
338          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
339     classified protected by the governmental entity under this Subsection (37); and
340          (c) except for an institution within the state system of higher education defined in
341     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
342     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
343     over the donor, a member of the donor's immediate family, or any entity owned or controlled
344     by the donor or the donor's immediate family;
345          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
346     73-18-13;
347          (39) a notification of workers' compensation insurance coverage described in Section
348     34A-2-205;
349          (40) (a) the following records of an institution within the state system of higher
350     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
351     or received by or on behalf of faculty, staff, employees, or students of the institution:
352          (i) unpublished lecture notes;
353          (ii) unpublished notes, data, and information:
354          (A) relating to research; and
355          (B) of:
356          (I) the institution within the state system of higher education defined in Section
357     53B-1-102; or
358          (II) a sponsor of sponsored research;
359          (iii) unpublished manuscripts;
360          (iv) creative works in process;
361          (v) scholarly correspondence; and
362          (vi) confidential information contained in research proposals;
363          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
364     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and

365          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
366          (41) (a) records in the custody or control of the Office of Legislative Auditor General
367     that would reveal the name of a particular legislator who requests a legislative audit prior to the
368     date that audit is completed and made public; and
369          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
370     Office of the Legislative Auditor General is a public document unless the legislator asks that
371     the records in the custody or control of the Office of Legislative Auditor General that would
372     reveal the name of a particular legislator who requests a legislative audit be maintained as
373     protected records until the audit is completed and made public;
374          (42) records that provide detail as to the location of an explosive, including a map or
375     other document that indicates the location of:
376          (a) a production facility; or
377          (b) a magazine;
378          (43) information:
379          (a) contained in the statewide database of the Division of Aging and Adult Services
380     created by Section 62A-3-311.1; or
381          (b) received or maintained in relation to the Identity Theft Reporting Information
382     System (IRIS) established under Section 67-5-22;
383          (44) information contained in the Management Information System and Licensing
384     Information System described in Title 62A, Chapter 4a, Child and Family Services;
385          (45) information regarding National Guard operations or activities in support of the
386     National Guard's federal mission;
387          (46) records provided by any pawn or secondhand business to a law enforcement
388     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
389     Secondhand Merchandise Transaction Information Act;
390          (47) information regarding food security, risk, and vulnerability assessments performed
391     by the Department of Agriculture and Food;
392          (48) except to the extent that the record is exempt from this chapter pursuant to Section

393     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
394     prepared or maintained by the Division of Emergency Management, and the disclosure of
395     which would jeopardize:
396          (a) the safety of the general public; or
397          (b) the security of:
398          (i) governmental property;
399          (ii) governmental programs; or
400          (iii) the property of a private person who provides the Division of Emergency
401     Management information;
402          (49) records of the Department of Agriculture and Food that provides for the
403     identification, tracing, or control of livestock diseases, including any program established under
404     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
405     of Animal Disease;
406          (50) as provided in Section 26-39-501:
407          (a) information or records held by the Department of Health related to a complaint
408     regarding a child care program or residential child care which the department is unable to
409     substantiate; and
410          (b) information or records related to a complaint received by the Department of Health
411     from an anonymous complainant regarding a child care program or residential child care;
412          (51) unless otherwise classified as public under Section 63G-2-301 and except as
413     provided under Section 41-1a-116, an individual's home address, home telephone number, or
414     personal mobile phone number, if:
415          (a) the individual is required to provide the information in order to comply with a law,
416     ordinance, rule, or order of a government entity; and
417          (b) the subject of the record has a reasonable expectation that this information will be
418     kept confidential due to:
419          (i) the nature of the law, ordinance, rule, or order; and
420          (ii) the individual complying with the law, ordinance, rule, or order;

421          (52) the portion of the following documents that contains a candidate's residential or
422     mailing address, if the candidate provides to the filing officer another address or phone number
423     where the candidate may be contacted:
424          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
425     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
426     20A-9-408.5, 20A-9-502, or 20A-9-601;
427          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
428          (c) a notice of intent to gather signatures for candidacy, described in Section
429     20A-9-408;
430          (53) the name, home address, work addresses, and telephone numbers of an individual
431     that is engaged in, or that provides goods or services for, medical or scientific research that is:
432          (a) conducted within the state system of higher education, as defined in Section
433     53B-1-102; and
434          (b) conducted using animals;
435          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
436     Evaluation Commission concerning an individual commissioner's vote on whether or not to
437     recommend that the voters retain a judge including information disclosed under Subsection
438     78A-12-203(5)(e);
439          (55) information collected and a report prepared by the Judicial Performance
440     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
441     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
442     the information or report;
443          (56) records contained in the Management Information System created in Section
444     62A-4a-1003;
445          (57) records provided or received by the Public Lands Policy Coordinating Office in
446     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
447          (58) information requested by and provided to the 911 Division under Section
448     63H-7a-302;

449          (59) in accordance with Section 73-10-33:
450          (a) a management plan for a water conveyance facility in the possession of the Division
451     of Water Resources or the Board of Water Resources; or
452          (b) an outline of an emergency response plan in possession of the state or a county or
453     municipality;
454          (60) the following records in the custody or control of the Office of Inspector General
455     of Medicaid Services, created in Section 63A-13-201:
456          (a) records that would disclose information relating to allegations of personal
457     misconduct, gross mismanagement, or illegal activity of a person if the information or
458     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
459     through other documents or evidence, and the records relating to the allegation are not relied
460     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
461     report or final audit report;
462          (b) records and audit workpapers to the extent they would disclose the identity of a
463     person who, during the course of an investigation or audit, communicated the existence of any
464     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
465     regulation adopted under the laws of this state, a political subdivision of the state, or any
466     recognized entity of the United States, if the information was disclosed on the condition that
467     the identity of the person be protected;
468          (c) before the time that an investigation or audit is completed and the final
469     investigation or final audit report is released, records or drafts circulated to a person who is not
470     an employee or head of a governmental entity for the person's response or information;
471          (d) records that would disclose an outline or part of any investigation, audit survey
472     plan, or audit program; or
473          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
474     investigation or audit;
475          (61) records that reveal methods used by the Office of Inspector General of Medicaid
476     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or

477     abuse;
478          (62) information provided to the Department of Health or the Division of Occupational
479     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
480     58-68-304(3) and (4);
481          (63) a record described in Section 63G-12-210;
482          (64) captured plate data that is obtained through an automatic license plate reader
483     system used by a governmental entity as authorized in Section 41-6a-2003;
484          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
485     victim, including:
486          (a) a victim's application or request for benefits;
487          (b) a victim's receipt or denial of benefits; and
488          (c) any administrative notes or records made or created for the purpose of, or used to,
489     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
490     Reparations Fund;
491          (66) an audio or video recording created by a body-worn camera, as that term is
492     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
493     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
494     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
495     that term is defined in Section 62A-2-101, except for recordings that:
496          (a) depict the commission of an alleged crime;
497          (b) record any encounter between a law enforcement officer and a person that results in
498     death or bodily injury, or includes an instance when an officer fires a weapon;
499          (c) record any encounter that is the subject of a complaint or a legal proceeding against
500     a law enforcement officer or law enforcement agency;
501          (d) contain an officer involved critical incident as defined in Subsection
502     76-2-408(1)(f); or
503          (e) have been requested for reclassification as a public record by a subject or
504     authorized agent of a subject featured in the recording;

505          (67) a record pertaining to the search process for a president of an institution of higher
506     education described in Section 53B-2-102, except for application materials for a publicly
507     announced finalist;
508          (68) an audio recording that is:
509          (a) produced by an audio recording device that is used in conjunction with a device or
510     piece of equipment designed or intended for resuscitating an individual or for treating an
511     individual with a life-threatening condition;
512          (b) produced during an emergency event when an individual employed to provide law
513     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
514          (i) is responding to an individual needing resuscitation or with a life-threatening
515     condition; and
516          (ii) uses a device or piece of equipment designed or intended for resuscitating an
517     individual or for treating an individual with a life-threatening condition; and
518          (c) intended and used for purposes of training emergency responders how to improve
519     their response to an emergency situation;
520          (69) records submitted by or prepared in relation to an applicant seeking a
521     recommendation by the Research and General Counsel Subcommittee, the Budget
522     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
523     employment position with the Legislature;
524          (70) work papers as defined in Section 31A-2-204;
525          (71) a record made available to Adult Protective Services or a law enforcement agency
526     under Section 61-1-206;
527          (72) a record submitted to the Insurance Department in accordance with Section
528     31A-37-201 or 31A-22-653;
529          (73) a record described in Section 31A-37-503.
530          (74) any record created by the Division of Occupational and Professional Licensing as
531     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
532          (75) a record described in Section 72-16-306 that relates to the reporting of an injury

533     involving an amusement ride;
534          (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
535     on a political petition, or on a request to withdraw a signature from a political petition,
536     including a petition or request described in the following titles:
537          (a) Title 10, Utah Municipal Code;
538          (b) Title 17, Counties;
539          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
540          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
541          (e) Title 20A, Election Code;
542          (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
543     a voter registration record;
544          (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
545     signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
546     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
547          (79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
548     5, Victims Guidelines for Prosecutors Act;
549          (80) a record submitted to the Insurance Department under Subsection
550     31A-47-103(1)(b); [and]
551          (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
552     prohibited under Section 63G-26-103[.]; and
553          (82) any part of an application described in Section 63N-16-201 that the Governor's
554     Office of Economic Development determines is nonpublic, confidential information that if
555     disclosed would result in actual economic harm to the applicant, but this Subsection (82) may
556     not be used to restrict access to a record evidencing a final contract or approval decision.
557          Section 4. Section 63N-16-101 is enacted to read:
558     
CHAPTER 16. UTAH OFFICE OF REGULATORY RELIEF

559     
Part 1. General Provisions

560          63N-16-101. Title.

561          This chapter is known as the "Utah Office of Regulatory Relief."
562          Section 5. Section 63N-16-102 is enacted to read:
563          63N-16-102. Definitions.
564          As used in this chapter:
565          (1) "Advisory committee" means the General Regulatory Sandbox Program Advisory
566     Committee created in Section 63N-16-104.
567          (2) "Applicable agency" means a department or agency of the state that by law
568     regulates a business activity and persons engaged in such business activity, including the
569     issuance of licenses or other types of authorization, which the office determines would
570     otherwise regulate a sandbox participant.
571          (3) "Applicant" means a person that applies to participate in the regulatory sandbox.
572          (4) "Consumer" means a person that purchases or otherwise enters into a transaction or
573     agreement to receive an offering pursuant to a demonstration by a sandbox participant.
574          (5) "Demonstrate" or "demonstration" means to temporarily provide an offering in
575     accordance with the provisions of the regulatory sandbox program described in this chapter.
576          (6) "Director" means the director of the Utah Office of Regulatory Relief created in
577     Section 63N-16-103.
578          (7) "Executive director" means the executive director of the Governor's Office of
579     Economic Development.
580          (8) "Innovation" means the use or incorporation of a new idea, a new or emerging
581     technology, or a new use of existing technology to address a problem, provide a benefit, or
582     otherwise offer a product, production method, or service.
583          (9) "Innovative offering" means an offering that includes an innovation.
584          (10) (a) "Offering" means a product, production method, or service.
585          (b) "Offering" does not include a product, production method, or service that is
586     governed by:
587          (i) Title 31A, Insurance Code, as determined by the insurance commissioner; or
588          (ii) Title 61, Chapter 1, Utah Uniform Securities Act.

589          (11) "Product" means a commercially distributed good that is:
590          (a) tangible personal property;
591          (b) the result of a production process; and
592          (c) passed through the distribution channel before consumption.
593          (12) "Production" means the method or process of creating or obtaining a good, which
594     may include assembling, breeding, capturing, collecting, extracting, fabricating, farming,
595     fishing, gathering, growing, harvesting, hunting, manufacturing, mining, processing, raising, or
596     trapping a good.
597          (13) "Regulatory relief office" means the Utah Office of Regulatory Relief created in
598     Section 63N-16-103.
599          (14) "Regulatory sandbox" means the General Regulatory Sandbox Program created in
600     Section 63N-16-201, which allows a person to temporarily demonstrate an offering under a
601     waiver or suspension of one or more state laws or regulations.
602          (15) "Sandbox participant" means a person whose application to participate in the
603     regulatory sandbox is approved in accordance with the provisions of this chapter.
604          (16) "Service" means any commercial activity, duty, or labor performed for another
605     person.
606          Section 6. Section 63N-16-103 is enacted to read:
607          63N-16-103. Creation of regulatory relief office and appointment of director --
608     Responsibilities of regulatory relief office.
609          (1) There is created within the Governor's Office of Economic Development the Utah
610     Office of Regulatory Relief.
611          (2) (a) The regulatory relief office shall be administered by a director.
612          (b) The director shall report to the executive director and may appoint staff subject to
613     the approval of the executive director.
614          (3) The regulatory relief office shall:
615          (a) administer the provisions of this chapter;
616          (b) administer the regulatory sandbox program; and

617          (c) act as a liaison between private businesses and applicable agencies to identify state
618     laws or regulations that could potentially be waived or suspended under the regulatory sandbox
619     program.
620          (4) The regulatory relief office may:
621          (a) review state laws and regulations that may unnecessarily inhibit the creation and
622     success of new companies or industries and provide recommendations to the governor and the
623     Legislature on modifying such state laws and regulations;
624          (b) create a framework for analyzing the risk level to the health, safety, and financial
625     well-being of consumers related to permanently removing or temporarily waiving laws and
626     regulations inhibiting the creation or success of new and existing companies or industries;
627          (c) propose potential reciprocity agreements between states that use or are proposing to
628     use similar regulatory sandbox programs as described in this chapter, Section 13-55-103, or
629     Section 31A-47-103; and
630          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
631     the provisions of this chapter, make rules regarding:
632          (i) administering the regulatory sandbox, including making rules regarding the
633     application process and the reporting requirements of sandbox participants; and
634          (ii) cooperating and consulting with other agencies in the state that administer sandbox
635     programs.
636          Section 7. Section 63N-16-104 is enacted to read:
637          63N-16-104. Creation and duties of advisory committee.
638          (1) There is created the General Regulatory Sandbox Program Advisory Committee.
639          (2) The advisory committee shall have 11 members as follows:
640          (a) six members appointed by the director who represent businesses interests and are
641     selected from a variety of industry clusters;
642          (b) three members appointed by the director who represent state agencies that regulate
643     businesses;
644          (c) one member of the Senate, appointed by the president of the Senate; and

645          (d) one member of the House of Representatives, appointed by the speaker of the
646     House of Representatives.
647          (3) (a) Subject to Subsection (3)(b), members of the advisory committee who are not
648     legislators shall be appointed to a four-year term.
649          (b) Notwithstanding the requirements of Subsection (3)(a), the director may adjust the
650     length of terms of appointments and reappointments to the advisory committee so that
651     approximately half of the advisory committee is appointed every two years.
652          (4) The director shall select a chair of the advisory committee on an annual basis.
653          (5) A majority of the advisory committee constitutes a quorum for the purpose of
654     conducting advisory committee business, and the action of the majority of a quorum constitutes
655     the action of the advisory committee.
656          (6) The advisory committee shall advise and make recommendations to the regulatory
657     relief office as described in this chapter.
658          (7) The regulatory relief office shall provide administrative staff support for the
659     advisory committee.
660          (8) (a) A member may not receive compensation or benefits for the member's service,
661     but a member appointed under Subsection (2)(a) may receive per diem and travel expenses in
662     accordance with:
663          (i) Sections 63A-3-106 and 63A-3-107; and
664          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
665     63A-3-107.
666          (b) Compensation and expenses of a member who is a legislator are governed by
667     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
668          (9) Meetings of the advisory committee are not subject to Title 52, Chapter 4, Open
669     and Public Meetings Act.
670          Section 8. Section 63N-16-105 is enacted to read:
671          63N-16-105. Annual Report.
672          (1) The executive director shall include in the annual report described in Section

673     63N-1-301 a written report from the director on the activities of the regulatory relief office,
674     which report shall include:
675          (a) information regarding each participant in the regulatory sandbox created in Section
676     63N-16-201, including which industries each participant represents and the anticipated or
677     actual cost savings that each participant experienced;
678          (b) recommendations regarding any laws or regulations that should be permanently
679     modified;
680          (c) information regarding outcomes for consumers; and
681          (d) recommendations for changes to the regulatory sandbox program or other duties of
682     the regulatory relief office.
683          (2) By October 1 of each year, the executive director shall provide the written report
684     from the director on the activities of the regulatory relief office described in Subsection (1) to
685     the Business and Labor Interim Committee.
686          Section 9. Section 63N-16-201 is enacted to read:
687     
Part 2. General Regulatory Sandbox Program

688          63N-16-201. General Regulatory Sandbox Program -- Application requirements.
689          (1) There is created in the regulatory relief office the General Regulatory Sandbox
690     Program.
691          (2) In administering the regulatory sandbox, the regulatory relief office:
692          (a) shall consult with each applicable agency;
693          (b) shall establish a program to enable a person to obtain legal protections and limited
694     access to the market in the state to demonstrate an innovative offering without obtaining a
695     license or other authorization that might otherwise be required;
696          (c) may enter into agreements with or adopt the best practices of corresponding federal
697     regulatory agencies or other states that are administering similar programs; and
698          (d) may consult with businesses in the state about existing or potential proposals for
699     the regulatory sandbox.
700          (3) (a) An applicant for the regulatory sandbox may contact the regulatory relief office

701     to request a consultation regarding the regulatory sandbox before submitting an application.
702          (b) The regulatory relief office shall provide relevant information regarding the
703     regulatory sandbox program, including informing an applicant whether it would be better to
704     apply for the programs described in Section 13-55-103 or Section 31A-47-103.
705          (c) The regulatory relief office may provide assistance to an applicant in preparing an
706     application for submission.
707          (4) An applicant for the regulatory sandbox shall provide to the regulatory relief office
708     an application in a form prescribed by the regulatory relief office that:
709          (a) confirms the applicant is subject to the jurisdiction of the state;
710          (b) confirms the applicant has established a physical or virtual location in the state,
711     from which the demonstration of an innovative offering will be developed and performed and
712     where all required records, documents, and data will be maintained;
713          (c) contains relevant personal and contact information for the applicant, including legal
714     names, addresses, telephone numbers, email addresses, website addresses, and other
715     information required by the regulatory relief office;
716          (d) discloses criminal convictions of the applicant or other participating personnel, if
717     any;
718          (e) contains a description of the innovative offering to be demonstrated, including
719     statements regarding:
720          (i) how the offering is subject to licensing, legal prohibition, or other authorization
721     requirements outside of the regulatory sandbox;
722          (ii) each law or regulation that the applicant seeks to have waived or suspended while
723     participating in the regulatory sandbox program;
724          (iii) how the offering would benefit consumers;
725          (iv) how the offering is different from other offerings available in the state;
726          (v) what risks might exist for consumers who use or purchase the offering;
727          (vi) how participating in the regulatory sandbox would enable a successful
728     demonstration of the offering;

729          (vii) a description of the proposed demonstration plan, including estimated time
730     periods for beginning and ending the demonstration;
731          (viii) recognition that the applicant will be subject to all laws and regulations
732     pertaining to the applicant's offering after conclusion of the demonstration; and
733          (ix) how the applicant will end the demonstration and protect consumers if the
734     demonstration fails;
735          (f) lists each government agency, if any, that the applicant knows regulates the
736     applicant's business; and
737          (g) provides any other required information as determined by the regulatory relief
738     office.
739          (5) The regulatory relief office may collect an application fee from an applicant that is
740     set in accordance with Section 63J-1-504.
741          (6) An applicant shall file a separate application for each innovative offering that the
742     applicant wishes to demonstrate.
743          (7) After an application is filed, the regulatory relief office:
744          (a) shall classify the application and any related information provided by the applicant
745     as a protected record in accordance with Subsection 63G-2-305(82);
746          (b) consult with each applicable government agency that regulates the applicant's
747     business regarding whether more information is needed from the applicant; and
748          (c) seek additional information from the applicant that the regulatory relief office
749     determines is necessary.
750          (8) No later than five business days after the day on which a complete application is
751     received by the regulatory relief office, the regulatory relief office shall:
752          (a) review the application and refer the application to each applicable government
753     agency that regulates the applicant's business; and
754          (b) provide to the applicant:
755          (i) an acknowledgment of receipt of the application; and
756          (ii) the identity and contact information of each regulatory agency to which the

757     application has been referred for review.
758          (9) (a) Subject to Subsections (9)(c) and (9)(g), no later than 30 days after the day on
759     which an applicable agency receives a complete application for review, the applicable agency
760     shall provide a written report to the director of the applicable agency's findings.
761          (b) The report shall:
762          (i) describe any identifiable, likely, and significant harm to the health, safety, or
763     financial well-being of consumers that the relevant law or regulation protects against; and
764          (ii) make a recommendation to the regulatory relief office that the applicant either be
765     admitted or denied entrance into the regulatory sandbox.
766          (c) (i) The applicable agency may request an additional five business days to deliver
767     the written report by providing notice to the director, which request shall automatically be
768     granted.
769          (ii) The applicable agency may only request one extension per application.
770          (d) If the applicable agency recommends an applicant under this section be denied
771     entrance into the regulatory sandbox, the written report shall include a description of the
772     reasons for the recommendation, including why a temporary waiver or suspension of the
773     relevant laws or regulations would potentially significantly harm the health, safety, or financial
774     well-being of consumers or the public and the likelihood of such harm occurring.
775          (e) If the agency determines that the consumer's or public's health, safety, or financial
776     well-being can be protected through less restrictive means than the existing relevant laws or
777     regulations, then the applicable agency shall provide a recommendation of how that can be
778     achieved.
779          (f) If an applicable agency fails to deliver a written report as described in this
780     Subsection (9), the director shall assume that the applicable agency does not object to the
781     temporary waiver or suspension of the relevant laws or regulations for an applicant seeking to
782     participate in the regulatory sandbox.
783          (g) Notwithstanding any other provision of this section, an applicable agency may by
784     written notice to the regulatory relief office:

785          (i) within the 30 days after the day on which the applicable agency receives a complete
786     application for review, or within 35 days if an extension has been requested by the applicable
787     agency, reject an application if the applicable agency determines, in the applicable agency's
788     sole discretion, that the applicant's offering fails to comply with standards or specifications:
789          (A) required by federal law or regulation; or
790          (B) previously approved for use by a federal agency; or
791          (ii) reject an application preliminarily approved by the regulatory relief office, if the
792     applicable agency:
793          (A) recommended rejection of the application in accordance with Subsection (9)(d) in
794     the agency's written report; and
795          (B) provides in the written notice under this Subsection (9)(g), a description of the
796     applicable agency's reasons why approval of the application would create a substantial risk of
797     harm to the health or safety of the public, or create unreasonable expenses for taxpayers in the
798     state.
799          (h) If an applicable agency rejects an application under Subsection (9)(g), the
800     regulatory relief office may not approve the application.
801          (10) (a) Upon receiving a written report described in Subsection (9), the director shall
802     provide the application and the written report to the advisory committee.
803          (b) The director may call the advisory committee to meet as needed, but not less than
804     once per quarter if applications are available for review.
805          (c) After receiving and reviewing the application and each written report, the advisory
806     committee shall provide to the director the advisory committee's recommendation as to whether
807     or not the applicant should be admitted as a sandbox participant under this chapter.
808          (d) As part of the advisory committee's review of each written report, the advisory
809     committee shall use the criteria required for an applicable agency as described in Subsection
810     (9).
811          (11) (a) In reviewing an application and each applicable agency's written report, the
812     regulatory relief office shall consult with each applicable agency and the advisory committee

813     before admitting an applicant into the regulatory sandbox.
814          (b) The consultation with each applicable agency and the consultation with the
815     advisory committee may include seeking information about whether:
816          (i) the applicable agency has previously issued a license or other authorization to the
817     applicant; and
818          (ii) the applicable agency has previously investigated, sanctioned, or pursued legal
819     action against the applicant.
820          (12) In reviewing an application under this section, the regulatory relief office and each
821     applicable agency shall consider whether a competitor to the applicant is or has been a sandbox
822     participant and, if so, weigh that as a factor in favor of allowing the applicant to also become a
823     sandbox participant.
824          (13) In reviewing an application under this section, the regulatory relief office shall
825     consider whether:
826          (a) the applicant's plan will adequately protect consumers from potential harm
827     identified by an applicable agency in the applicable agency's written report;
828          (b) the risk of harm to consumers is outweighed by the potential benefits to consumers
829     from the applicant's participation in the regulatory sandbox; and
830          (c) certain state laws or regulations that regulate an offering should not be waived or
831     suspended even if the applicant is approved as a sandbox participant, including applicable
832     antifraud or disclosure provisions.
833          (14) (a) An applicant becomes a sandbox participant if the regulatory relief office
834     approves the application for the regulatory sandbox and enters into a written agreement with
835     the applicant describing the specific laws and regulations that are waived or suspended as part
836     of participation in the regulatory sandbox.
837          (b) Notwithstanding any other provision of this chapter, the regulatory relief office may
838     not enter into a written agreement with an applicant that waives or suspends a tax, fee, or
839     charge that is administered by the State Tax Commission or that is described in Title 59,
840     Revenue and Taxation.

841          (15) (a) The director may deny at the director's sole discretion any application
842     submitted under this section for any reason, including if the director determines that the
843     preponderance of evidence demonstrates that suspending or waiving enforcement of a law or
844     regulation would cause a significant risk of harm to consumers or residents of the state.
845          (b) If the director denies an application submitted under this section, the regulatory
846     relief office shall provide to the applicant a written description of the reasons for not allowing
847     the applicant to be a sandbox participant.
848          (c) The denial of an application submitted under this section is not subject to:
849          (i) agency or judicial review; or
850          (ii) the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
851          (16) The director shall deny an application for participation in the regulatory sandbox
852     described by this section if:
853          (a) the director determines that the applicant should instead apply for the Regulatory
854     Sandbox Program created in Section 13-55-103 for a financial product or service or the
855     Insurance Regulatory Sandbox Program created in Section 31A-47-103 for an insurance
856     product or service; or
857          (b) the applicant or any person who seeks to participate with the applicant in
858     demonstrating an offering has been convicted, entered a plea of nolo contendere, or entered a
859     plea of guilty or nolo contendere held in abeyance, for any crime involving significant theft,
860     fraud, or dishonesty if the crime bears a significant relationship to the applicant's or other
861     participant's ability to safely and competently participate in the regulatory sandbox program.
862          (17) When an applicant is approved for participation in the regulatory sandbox, the
863     director may provide notice of the approval to competitors of the applicant and to the public.
864          Section 10. Section 63N-16-202 is enacted to read:
865          63N-16-202. Scope of the regulatory sandbox.
866          (1) If the regulatory relief office approves an application under this part, the sandbox
867     participant has 12 months after the day on which the application was approved to demonstrate
868     the offering described in the sandbox participant's application.

869          (2) An offering that is demonstrated within the regulatory sandbox is subject to the
870     following:
871          (a) each consumer shall be a resident of the state; and
872          (b) no law or regulation may be waived or suspended if waiving or suspending the law
873     or regulation would prevent a consumer from seeking restitution in the event that the consumer
874     is harmed.
875          (3) This part does not restrict a sandbox participant who holds a license or other
876     authorization in another jurisdiction from acting in accordance with that license or other
877     authorization.
878          (4) A sandbox participant is deemed to possess an appropriate license or other
879     authorization under the laws of the state for the purposes of any provision of federal law
880     requiring licensure or other authorization by the state.
881          (5) Subject to Subsection (6):
882          (a) during the demonstration period, a sandbox participant is not subject to the
883     enforcement of state laws or regulations identified in the written agreement between the
884     regulatory relief office and the sandbox participant described in Subsection 63N-16-201(14);
885          (b) a prosecutor may not file or pursue charges pertaining to a law or regulation
886     identified in the written agreement between the regulatory relief office and the sandbox
887     participant described in Subsection 63N-16-201(14) that occurs during the demonstration
888     period; and
889          (c) a state agency may not file or pursue any punitive action against a sandbox
890     participant, including a fine or license suspension or revocation, for the violation of a law or
891     regulation that:
892          (i) is identified as being waived or suspended in the written agreement between the
893     regulatory relief office and the sandbox participant described in Subsection 63N-16-201(14);
894     and
895          (ii) occurs during the demonstration period.
896          (6) Notwithstanding any other provision of this part, a sandbox participant does not

897     have immunity related to any criminal offense committed during the sandbox participant's
898     participation in the regulatory sandbox.
899          (7) By written notice, the regulatory relief office may end a sandbox participant's
900     participation in the regulatory sandbox at any time and for any reason, including if the director
901     determines that a sandbox participant is not operating in good faith to bring an innovative
902     offering to market.
903          (8) The regulatory relief office and the regulatory relief office's employees are not
904     liable for any business losses or the recouping of application expenses or other expenses related
905     to the regulatory sandbox, including for:
906          (a) denying an applicant's application to participate in the regulatory sandbox for any
907     reason; or
908          (b) ending a sandbox participant's participation in the regulatory sandbox at any time
909     and for any reason.
910          Section 11. Section 63N-16-203 is enacted to read:
911          63N-16-203. Consumer protection for regulatory sandbox.
912          (1) Before demonstrating an offering to a consumer, a sandbox participant shall
913     disclose the following to the consumer:
914          (a) the name and contact information of the sandbox participant;
915          (b) that the offering is authorized pursuant to the regulatory sandbox and, if applicable,
916     that the sandbox participant does not have a license or other authorization to provide an
917     offering under state laws that regulate offerings outside of the regulatory sandbox;
918          (c) that the offering is undergoing testing and may not function as intended and may
919     expose the consumer to certain risks as identified by the applicable agency's written report;
920          (d) that the provider of the offering is not immune from civil liability for any losses or
921     damages caused by the offering;
922          (e) that the provider of the offering is not immune from criminal prosecution for
923     violations of state law or regulations that are not suspended or waived as allowed by the
924     regulatory sandbox;

925          (f) that the offering is a temporary demonstration that may be discontinued at the end
926     of the demonstration period;
927          (g) the expected end date of the demonstration period; and
928          (h) that a consumer may contact the regulatory relief office and file a complaint
929     regarding the offering being demonstrated and provide the regulatory relief office's telephone
930     number and website address where a complaint may be filed.
931          (2) The disclosures required by Subsection (1) shall be provided to a consumer in a
932     clear and conspicuous form and, for an Internet or application-based offering, a consumer shall
933     acknowledge receipt of the disclosure before any transaction may be completed.
934          (3) The regulatory relief office may require that a sandbox participant make additional
935     disclosures to a consumer.
936          Section 12. Section 63N-16-204 is enacted to read:
937          63N-16-204. Requirements for exiting regulatory sandbox.
938          (1) At least 30 days before the end of the 12-month regulatory sandbox demonstration
939     period, a sandbox participant shall:
940          (a) notify the regulatory relief office that the sandbox participant will exit the
941     regulatory sandbox and discontinue the sandbox participant's demonstration after the day on
942     which the 12-month demonstration period ends; or
943          (b) seek an extension in accordance with Section 63N-16-205.
944          (2) Subject to Subsection (3), if the regulatory relief office does not receive notification
945     as required by Subsection (1), the regulatory sandbox demonstration period ends at the end of
946     the 12-month testing period.
947          (3) If a demonstration includes an offering that requires ongoing duties, the sandbox
948     participant may continue to do so but will be subject to enforcement of the laws or regulations
949     that were waived or suspended as part of the regulatory sandbox.
950          Section 13. Section 63N-16-205 is enacted to read:
951          63N-16-205. Extensions.
952          (1) Not later than 30 days before the end of the 12-month regulatory sandbox

953     demonstration period, a sandbox participant may request an extension of the regulatory
954     sandbox demonstration period.
955          (2) The regulatory relief office shall grant or deny a request for an extension in
956     accordance with Subsection (1) by the end of the 12-month regulatory sandbox testing period.
957          (3) The regulatory relief office may grant an extension in accordance with this section
958     for not more than 12 months after the end of the regulatory sandbox demonstration period.
959          Section 14. Section 63N-16-206 is enacted to read:
960          63N-16-206. Record keeping and reporting requirements.
961          (1) A sandbox participant shall retain records, documents, and data produced in the
962     ordinary course of business regarding an offering demonstrated in the regulatory sandbox.
963          (2) If a sandbox participant ceases to provide an offering before the end of a
964     demonstration period, the sandbox participant shall notify the regulatory relief office and each
965     applicable agency and report on actions taken by the sandbox participant to ensure consumers
966     have not been harmed as a result.
967          (3) The regulatory relief office shall establish quarterly reporting requirements for a
968     sandbox participant, including information about any consumer complaints.
969          (4) The regulatory relief office may request records, documents, and data from a
970     sandbox participant and, upon the regulatory relief office's request, the sandbox participant
971     shall make such records, documents, and data available for inspection by the regulatory relief
972     office.
973          (5) (a) The sandbox participant shall notify the regulatory relief office and each
974     applicable agency of any incidents that result in harm to the health, safety, or financial
975     well-being of a consumer.
976          (b) If a sandbox participant fails to notify the regulatory relief office and each
977     applicable agency of any incidents as described in Subsection (5)(a), or the regulatory relief
978     office or an applicable agency has evidence that significant harm to a consumer has occurred,
979     the regulatory relief office may immediately remove the sandbox participant from the
980     regulatory sandbox.

981          (6) (a) No later than 30 days after the day on which a sandbox participant exits the
982     regulatory sandbox, the sandbox participant shall submit a written report to the regulatory relief
983     office and each applicable agency describing an overview of the sandbox participant's
984     demonstration, including any:
985          (i) incidents of harm to consumers;
986          (ii) legal action filed against the participant as a result of the participant's
987     demonstration; and
988          (iii) complaints filed with an applicable agency as a result of the participant's
989     demonstration.
990          (b) No later than 30 days after the day on which an applicable agency receives the
991     quarterly reporting described in Subsection (3) or a written report from a sandbox participant as
992     described in Subsection (5)(a), the applicable agency shall provide a written report to the
993     regulatory relief office on the demonstration that describes any statutory or regulatory reform
994     the applicable agency recommends as a result of the demonstration.
995          (7) The regulatory relief office may remove a sandbox participant from the regulatory
996     sandbox at any time if the regulatory relief office determines that a sandbox participant has
997     engaged in, is engaging in, or is about to engage in any practice or transaction that is in
998     violation of this chapter or that constitutes a violation of a law or regulation for which
999     suspension or waiver has not been granted.
1000          Section 15. Section 63N-16-301 is enacted to read:
1001     
Part 3. Regulatory Relief Web Page

1002          63N-16-301. Regulatory relief web page.
1003          (1) The regulatory relief office shall create and maintain on GOED's website a web
1004     page that invites residents and businesses in the state to make suggestions regarding laws and
1005     regulations that could be modified or eliminated to reduce the regulatory burden of residents
1006     and businesses in the state.
1007          (2) On at least a quarterly basis, the regulatory relief office shall compile the results of
1008     suggestions from the web page and provide a written report to the governor, the Business and

1009     Labor Interim Committee, and the Economic Development and Workforce Services Interim
1010     Committee that describes the most common suggestions.
1011          (3) In creating the report described in Subsection (2), the regulatory relief office and
1012     the advisory committee:
1013          (a) shall ensure that private information of residents and businesses that make
1014     suggestions on the web page is not made public; and
1015          (b) may evaluate the suggestions and provide analysis and suggestions regarding which
1016     state laws and regulations could be modified or eliminated to reduce the regulatory burden of
1017     residents and businesses in the state while still protecting consumers.