Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 99 Second Substitute (2016GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a local district or a special service district to post on the Utah Public Notice Website the contact information of each member of the district's governing body;
• removes a size and budget threshold for local government participation in the Utah Public Finance Website; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TRANSPARENCY FOR POLITICAL
SUBDIVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Craig Hall
LONG TITLE
General Description:
This bill modifies provisions relating to local government disclosures.
Highlighted Provisions:
This bill:
▸ requires a local district or a special service district to post on the Utah Public Notice
Website the contact information of each member of the district's governing body;
▸ removes a size and budget threshold for local government participation in the Utah
Public Finance Website; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-1-303
, as last amended by Laws of Utah 2014, Chapters 362 and 377
17D-1-106
, as last amended by Laws of Utah 2014, Chapter 362
63A-3-401
, as last amended by Laws of Utah 2015, Chapter 38
63A-3-403
, as last amended by Laws of Utah 2014, Chapters 75, 185, and 387
63A-3-405
, as last amended by Laws of Utah 2012, Chapter 94
63F-1-701
, as last amended by Laws of Utah 2013, Chapter 63
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-1-303
 is amended to read:
17B-1-303.
Term of board of trustees members -- Oath of office -- Bond -- Notice
of board member contact information.
(1) (a) Except as provided in Subsections (1)(b) and (c), the term of each member of a
board of trustees shall begin at noon on the January 1 following the member's election or
appointment.
(b) The term of each member of the initial board of trustees of a newly created local
district shall begin:
(i) upon appointment, for an appointed member; and
(ii) upon the member taking the oath of office after the canvass of the election at which
the member is elected, for an elected member.
(c) The term of each water conservancy district board member appointed by the
governor as provided in Subsection 
17B-2a-1005
(2)(c) shall:
(i) begin on the later of the following:
(A) the date on which the Senate consents to the appointment; or
(B) the expiration date of the prior term; and
(ii) end on the February 1 that is approximately four years after the date described in
Subsection (1)(c)(i)(A) or (B).
(2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
term of each member of a board of trustees shall be four years, except that approximately half
the members of the initial board of trustees, chosen by lot, shall serve a two-year term so that
the term of approximately half the board members expires every two years.
(ii) (A) If the terms of members of the initial board of trustees of a newly created local
district do not begin on January 1 because of application of Subsection (1)(b), the terms of
those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B), to result in
the terms of their successors complying with:
(I) the requirement under Subsection (1)(a) for a term to begin on January 1 following
a member's election or appointment; and
(II) the requirement under Subsection (2)(a)(i) that terms be four years.
(B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
subtract more than a year from a member's term.
(b) Each board of trustees member shall serve until a successor is duly elected or
appointed and qualified, unless the member earlier is removed from office or resigns or
otherwise leaves office.
(c) If a member of a board of trustees no longer meets the qualifications of Subsection
17B-1-302
(1), or if the member's term expires without a duly elected or appointed successor:
(i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
(ii) the member may continue to serve until a successor is duly elected or appointed
and qualified.
(3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
shall take the oath of office specified in Utah Constitution Article IV, Section 10.
(ii) An oath of office may be administered by a judge, county clerk, notary public, or
the local district clerk.
(b) Each oath of office shall be filed with the clerk of the local district.
(c) The failure of a board of trustees member to take the oath required by Subsection
(3)(a) does not invalidate any official act of that member.
(4) A board of trustees member is not limited in the number of terms the member may
serve.
(5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
position shall be filled as provided in Section 
20A-1-512
.
(6) (a) For purposes of this Subsection (6):
(i) "Appointed official" means a person who:
(A) is appointed as a member of a local district board of trustees by a county or
municipality entitled to appoint a member to the board; and
(B) holds an elected position with the appointing county or municipality.
(ii) "Appointing entity" means the county or municipality that appointed the appointed
official to the board of trustees.
(b) The board of trustees shall declare a midterm vacancy for the board position held
by an appointed official if:
(i) during the appointed official's term on the board of trustees, the appointed official
ceases to hold the elected position with the appointing entity; and
(ii) the appointing entity submits a written request to the board to declare the vacancy.
(c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
appointing entity shall appoint another person to fill the remaining unexpired term on the board
of trustees.
(7) (a) Each member of a board of trustees shall give a bond for the faithful
performance of the member's duties, in the amount and with the sureties prescribed by the
board of trustees.
(b) The local district shall pay the cost of each bond required under Subsection (7)(a).
(8) The lieutenant governor may extend the term of an elected district board member
by one year in order to compensate for a change in the election year under Subsection
17B-1-306
(13).
(9) (a) A local district shall:
(i) post on the Utah Public Notice Website created in Section 
63F-1-701
 the name,
phone number, and email address of each member of the local district's board of trustees;
(ii) update the information described in Subsection (9)(a)(i) when:
(A) the membership of the board of trustees changes; or
(B) a member of the board of trustees' phone number or email address changes; and
(iii) post any update required under Subsection (9)(a)(ii) within 30 days after the day
on which the change requiring the update occurs.
(b) This Subsection (9) applies regardless of whether the county or municipal
legislative body also serves as the board of trustees of the local district.
Section 2. Section 
17D-1-106
 is amended to read:
17D-1-106.
Special service districts subject to other provisions.
(1) A special service district is, to the same extent as if it were a local district, subject
to and governed by:
(a) (i) Sections 
17B-1-105
, 
17B-1-107
, 
17B-1-108
, 
17B-1-110
, 
17B-1-111
, 
17B-1-112
,
17B-1-113
, 
17B-1-116
, 
17B-1-118
, 
17B-1-119
, 
17B-1-120
, 
17B-1-121
, 
17B-1-304
,
17B-1-307
, 
17B-1-310
, 
17B-1-311
, 
17B-1-312
, 
17B-1-313
, and 
17B-1-314
; and
(ii) Sections 
17B-1-305
 and 
17B-1-306
, to the extent that a county legislative body or a
municipal legislative body, as applicable, has delegated authority to an administrative control
board with elected members, under Section 
17D-1-301
.
(b) Subsections:
(i) 
17B-1-301
(3) and (4); and
(ii) 
17B-1-303
(1), (2)(a) and (b), (3), (4), (5), (6), [
and
] (7)
, and (9)
;
(c) Section 
20A-1-512
;
(d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
(e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
(f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
(g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a special service
district, each reference in those provisions to the local district board of trustees means the
governing body.
Section 3. Section 
63A-3-401
 is amended to read:
63A-3-401.
Definitions.
As used in this part:
(1) "Board" means the Utah Transparency Advisory Board created under Section
63A-3-403
.
(2) "Division" means the Division of Finance of the Department of Administrative
Services.
(3) (a) "Independent entity," except as provided in Subsection (3)(c), means the same
as that term is defined in Section 
63E-1-102
.
(b) "Independent entity" includes an entity that is part of an independent entity
described in this Subsection (3), if the entity is considered a component unit of the independent
entity under the governmental accounting standards issued by the Governmental Accounting
Standards Board.
(c) "Independent entity" does not include:
(i) the Workers' Compensation Fund created in Section 
31A-33-102
; or
(ii) the Utah State Retirement Office created in Section 
49-11-201
.
(4) "Participating local entity" means each of the following local entities[
, if the entity
meets the size or budget thresholds established by the board under Subsection
63A-3-403
(3)(e)
]:
(a) a county;
(b) a municipality;
(c) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts;
(d) a special service district under Title 17D, Chapter 1, Special Service District Act;
(e) a school district;
(f) a charter school;
(g) except for a taxed interlocal entity described in Section 
11-13-315
, an interlocal
entity as defined in Section 
11-13-103
; and
(h) except for a taxed interlocal entity described in Section 
11-13-315
, an entity that is
part of an entity described in Subsections (4)(a) through (g), if the entity is considered a
component unit of the entity described in Subsections (4)(a) through (g) under the
governmental accounting standards issued by the Governmental Accounting Standards Board.
(5) (a) "Participating state entity" means the state of Utah, including its executive,
legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
councils, committees, and institutions.
(b) "Participating state entity" includes an entity that is part of an entity described in
Subsection (5)(a), if the entity is considered a component unit of the entity described in
Subsection (5)(a) under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(6) "Public financial information" means records that are required to be made available
on the Utah Public Finance Website, a participating local entity's website, or an independent
entity's website as required by this part, and as the term "public financial information" is
defined by rule under Section 
63A-3-404
.
Section 4. Section 
63A-3-403
 is amended to read:
63A-3-403.
Utah Transparency Advisory Board -- Creation -- Membership --
Duties.
(1) There is created within the department the Utah Transparency Advisory Board
comprised of members knowledgeable about public finance or providing public access to
public information.
(2) The board consists of:
(a) an individual appointed by the director of the Division of Finance;
(b) an individual appointed by the executive director of the Governor's Office of
Management and Budget;
(c) an individual appointed by the governor on advice from the Legislative Fiscal
Analyst;
(d) one member of the Senate, appointed by the governor on advice from the president
of the Senate;
(e) one member of the House of Representatives, appointed by the governor on advice
from the speaker of the House of Representatives;
(f) an individual appointed by the director of the Department of Technology Services;
(g) the director of the Division of Archives 
and Records Service
 created in Section
63A-12-101
 or the director's designee;
(h) an individual who is a member of the State Records Committee created in Section
63G-2-501
, appointed by the governor;
(i) an individual representing counties, appointed by the governor;
(j) an individual representing municipalities, appointed by the governor;
(k) an individual representing special districts, appointed by the governor; and
(l) two individuals who are members of the public and who have knowledge, expertise,
or experience in matters relating to the board's duties under Subsection (10), appointed by the
board members identified in Subsections (2)(a) through (k).
(3) The board shall:
(a) advise the division on matters related to the implementation and administration of
this part;
(b) develop plans, make recommendations, and assist in implementing the provisions
of this part;
(c) determine what public financial information shall be provided by a participating
state entity, independent entity, and participating local entity, if the public financial
information:
(i) only includes records that:
(A) are classified as public under Title 63G, Chapter 2, Government Records Access
and Management Act, or, subject to any specific limitations and requirements regarding the
provision of financial information from the entity described in Section 
63A-3-402
, if an entity
is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
records that would normally be classified as public if the entity were not exempt from Title
63G, Chapter 2, Government Records Access and Management Act;
(B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
revenues, regardless of the source; and
(C) are owned, held, or administered by the participating state entity, independent
entity, or participating local entity that is required to provide the record; and
(ii) is of the type or nature that should be accessible to the public via a website based
on considerations of:
(A) the cost effectiveness of providing the information;
(B) the value of providing the information to the public; and
(C) privacy and security considerations;
(d) evaluate the cost effectiveness of implementing specific information resources and
features on the website;
[
(e) establish size or budget thresholds to identify those local entities that qualify as
participating local entities as defined in this part, giving special consideration to the budget and
resource limitations of an entity with a current annual budget of less than $10,000,000;
]
[
(f)
] 
(e)
 require participating local entities to provide public financial information in
accordance with the requirements of this part, with a specified content, reporting frequency,
and form;
[
(g)
] 
(f)
 require an independent entity's website or a participating local entity's website
to be accessible by link or other direct route from the Utah Public Finance Website if the
independent entity or participating local entity does not use the Utah Public Finance Website;
[
(h)
] 
(g)
 determine the search methods and the search criteria that shall be made
available to the public as part of a website used by an independent entity or a participating local
entity under the requirements of this part, which criteria may include:
(i) fiscal year;
(ii) expenditure type;
(iii) name of the agency;
(iv) payee;
(v) date; and
(vi) amount; and
[
(i)
] 
(h)
 analyze ways to improve the information on the Utah Public Finance Website
so the information is more relevant to citizens, including through the use of:
(i) infographics that provide more context to the data; and
(ii) geolocation services, if possible.
(4) The board shall annually elect a chair and a vice chair from its members.
(5) (a) Each member shall serve a two-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the remainder of the unexpired term.
(6) To accomplish its duties, the board shall meet as it determines necessary.
(7) Reasonable notice shall be given to each member of the board before any meeting.
(8) A majority of the board constitutes a quorum for the transaction of business.
(9) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(10) (a) As used in Subsections (10) and (11):
(i) "Information website" means a single Internet website containing public information
or links to public information.
(ii) "Public information" means records of state government, local government, or an
independent entity that are classified as public under Title 63G, Chapter 2, Government
Records Access and Management Act, or, subject to any specific limitations and requirements
regarding the provision of financial information from the entity described in Section
63A-3-402
, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
Management Act, records that would normally be classified as public if the entity were not
exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
(b) The board shall:
(i) study the establishment of an information website and develop recommendations for
its establishment;
(ii) develop recommendations about how to make public information more readily
available to the public through the information website;
(iii) develop standards to make uniform the format and accessibility of public
information posted to the information website; and
(iv) identify and prioritize public information in the possession of a state agency or
political subdivision that may be appropriate for publication on the information website.
(c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
principles that encourage:
(i) (A) the establishment of a standardized format of public information that makes the
information more easily accessible by the public;
(B) the removal of restrictions on the reuse of public information;
(C) minimizing limitations on the disclosure of public information while appropriately
safeguarding sensitive information; and
(D) balancing factors in favor of excluding public information from an information
website against the public interest in having the information accessible on an information
website;
(ii) (A) permanent, lasting, open access to public information; and
(B) the publication of bulk public information;
(iii) the implementation of well-designed public information systems that ensure data
quality, create a public, comprehensive list or index of public information, and define a process
for continuous publication of and updates to public information;
(iv) the identification of public information not currently made available online and the
implementation of a process, including a timeline and benchmarks, for making that public
information available online; and
(v) accountability on the part of those who create, maintain, manage, or store public
information or post it to an information website.
(d) The department shall implement the board's recommendations, including the
establishment of an information website, to the extent that implementation:
(i) is approved by the Legislative Management Committee;
(ii) does not require further legislative appropriation; and
(iii) is within the department's existing statutory authority.
(11) The department shall, in consultation with the board and as funding allows,
modify the information website described in Subsection (10) to:
(a) by January 1, 2015, serve as a point of access for Government Records Access and
Management requests for executive agencies;
(b) by January 1, 2016, serve as a point of access for Government Records Access and
Management requests for:
(i) school districts;
(ii) charter schools;
(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
District Act;
(iv) counties; and
(v) municipalities;
(c) by January 1, 2017, serve as a point of access for Government Records Access and
Management requests for:
(i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
Districts; and
(ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
(d) except as provided in Subsection (12)(a), provide link capabilities to other existing
repositories of public information, including maps, photograph collections, legislatively
required reports, election data, statute, rules, regulations, and local ordinances that exist on
other agency and political subdivision websites;
(e) provide multiple download options in different formats, including nonproprietary,
open formats where possible;
(f) provide any other public information that the board, under Subsection (10),
identifies as appropriate for publication on the information website; and
(g) incorporate technical elements the board identifies as useful to a citizen using the
information website.
(12) (a) The department, in consultation with the board, shall establish by rule any
restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
the website described in Subsection (10) if the inclusion would pose a potential security
concern.
(b) The website described in Subsection (10) may not publish any record that is
classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
Access and Management Act.
Section 5. Section 
63A-3-405
 is amended to read:
63A-3-405.
Participation by local entities.
(1) (a) Not later than May 15, 2010, the following participating local entities, in
conformity with the rules established under Section 
63A-3-404
, shall provide public financial
information through the Utah Public Finance Website or their own website and provide a link
to their website through the Utah Public Finance Website:
(i) school districts;
(ii) charter schools; and
(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
District Act.
(b) Participating local entities subject to this Subsection (1) shall permit information
that is generated not later than the fiscal year that begins July 1, 2009, to be accessible via the
website.
(2) (a) Not later than May 15, 2011, the following participating local entities, in
conformity with the rules established under Section 
63A-3-404
, shall be required to provide
public financial information through the Utah Public Finance Website or their own website and
provide a link to their website through the Utah Public Finance Website:
(i) counties;
(ii) municipalities;
(iii) local districts under Title 17B, Limited Purpose Local Government Entities - Local
Districts, that are not already required to report; and
(iv) special service districts under Title 17D, Chapter 1, Special Service District Act.
(b) Participating local entities subject to this Subsection (2) shall permit information
that is generated not later than the fiscal year that begins July 1, 2010, to be accessible via the
website.
(3) (a) On or before May 15, 2013, an interlocal entity that is a participating local entity
in conformity with the rules established under Section 
63A-3-404
, shall, subject to Subsection
(3)(b), provide public financial information through the Utah Public Finance Website or the
interlocal entity's own website and provide a link to their website through the Utah Public
Finance Website.
(b) A participating local entity subject to this Subsection (3) shall provide public
financial information that is generated on or after the fiscal year that begins July 1, 2012, to be
accessible via the website.
(4) A participating local entity that makes public financial information accessible via
the Utah Public Finance Website on or after May 10, 2016, and that was not previously
required to make financial information accessible via the website shall permit information that
is generated on or after the first day of the participating local entity's fiscal year that includes
January 1, 2017, to be accessible via the website.
(5) (a) Except as provided in Subsection (5)(b), a participating local entity described in
Subsection (4) shall comply with the provisions of this part on or before January 1, 2017.
(b) A participating local entity described in Subsection (4) that has an annual budget of
$100,000 or less shall comply with the provisions of this part on or before July 1, 2017.
Section 6. Section 
63F-1-701
 is amended to read:
63F-1-701.
Utah Public Notice Website -- Establishment and administration.
(1) As used in this part:
(a) "Division" means the Division of Archives and Records Service of the Department
of Administrative Services.
(b) "Public body" has the same meaning as provided under Section 
52-4-103
.
(c) "Public information" means a public body's public notices, minutes, audio
recordings, and other materials that are required to be posted to the website under Title 52,
Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
(d) "Website" means the Utah Public Notice Website created under this section.
(2) There is created the Utah Public Notice Website to be administered by the Division
of Archives and Records Service.
(3) The website shall consist of an Internet website provided to assist the public to find
posted public information.
(4) The division, with the technical assistance of the Department of Technology
Services, shall create the website which shall:
(a) allow a public body, or other certified entity, to easily post any public information
,
including the contact information required under Subsections 
17B-1-303
(9) and
17D-1-106
(1)(b)(ii)
;
(b) allow the public to search the public information by:
(i) public body name;
(ii) date of posting of the notice;
(iii) date of any meeting or deadline included as part of the public information; and
(iv) any other criteria approved by the division;
(c) allow the public to search and view past, archived public information;
(d) allow a person to subscribe to receive updates and notices associated with a public
body or a particular type of public information;
(e) be easily accessible by the public from the State of Utah home page;
(f) have a unique and simplified website address;
(g) be directly accessible via a link from the main page of the official state website; and
(h) include other links, features, or functionality that will assist the public in obtaining
and reviewing public information posted on the website, as may be approved by the division.
(5) The division shall be responsible for:
(a) establishing and maintaining the website, including the provision of equipment,
resources, and personnel as is necessary;
(b) providing a mechanism for public bodies or other certified entities to have access to
the website for the purpose of posting and modifying public information; and
(c) maintaining an archive of all public information posted to the website.
(6) The timing for posting and the content of the public information posted to the
website shall be the responsibility of the public body or other entity posting the public
information.