Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 413 First Substitute (2017GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits a public school from membership in certain associations after July 1, 2017;
• establishes requirements for the membership of an association governing body;
• requires an association to provide certain reports to the State Board of Education;
• requires an association to follow certain budgetary procedures;
• establishes an appeals panel to hear an appeal of certain decisions by an association;
• requires an association to comply with:
• Title 52, Chapter 4, Open and Public Meetings Act;
• Title 63G, Chapter 2, Government Records Access and Management Act; and
• Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC SCHOOL MEMBERSHIP IN ASSOCIATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Daniel Hemmert
LONG TITLE
General Description:
This bill enacts language governing a public school's membership in certain
associations.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a public school from membership in certain associations after July 1,
2017;
▸ establishes requirements for the membership of an association governing body;
▸ requires an association to provide certain reports to the State Board of Education;
▸ requires an association to follow certain budgetary procedures;
▸ establishes an appeals panel to hear an appeal of certain decisions by an association;
▸ requires an association to comply with:
• Title 52, Chapter 4, Open and Public Meetings Act;
• Title 63G, Chapter 2, Government Records Access and Management Act; and
• Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the State Board of Education -- State Administrative Office, an ongoing
appropriation:
• from the General Fund, $15,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
52-4-103
, as last amended by Laws of Utah 2016, Chapter 77
63A-3-106
, as last amended by Laws of Utah 2016, Chapter 298
63G-2-103
, as last amended by Laws of Utah 2015, Chapter 265
67-16-3
, as last amended by Laws of Utah 2012, Chapter 202
ENACTS:
53A-1-1601
, Utah Code Annotated 1953
53A-1-1602
, Utah Code Annotated 1953
53A-1-1603
, Utah Code Annotated 1953
53A-1-1604
, Utah Code Annotated 1953
53A-1-1605
, Utah Code Annotated 1953
53A-1-1606
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
52-4-103
 is amended to read:
52-4-103.
Definitions.
As used in this chapter:
(1) "Anchor location" means the physical location from which:
(a) an electronic meeting originates; or
(b) the participants are connected.
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by
300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
City.
(3) "Convening" means the calling together of a public body by a person authorized to
do so for the express purpose of discussing or acting upon a subject over which that public
body has jurisdiction or advisory power.
(4) "Electronic meeting" means a public meeting convened or conducted by means of a
conference using electronic communications.
(5) "Electronic message" means a communication transmitted electronically, including:
(a) electronic mail;
(b) instant messaging;
(c) electronic chat;
(d) text messaging as defined in Section 
76-4-401
; or
(e) any other method that conveys a message or facilitates communication
electronically.
(6) (a) "Meeting" means the convening of a public body or a specified body, with a
quorum present, including a workshop or an executive session, whether in person or by means
of electronic communications, for the purpose of discussing, receiving comments from the
public about, or acting upon a matter over which the public body or specific body has
jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance gathering or social gathering; or
(ii) a convening of the State Tax Commission to consider a confidential tax matter in
accordance with Section 
59-1-405
.
(c) "Meeting" does not mean the convening of a public body that has both legislative
and executive responsibilities if:
(i) no public funds are appropriated for expenditure during the time the public body is
convened; and
(ii) the public body is convened solely for the discussion or implementation of
administrative or operational matters:
(A) for which no formal action by the public body is required; or
(B) that would not come before the public body for discussion or action.
(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
public statements of each member of the public body who is participating in a meeting.
(8) "Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear or
observe the communication.
(9) (a) "Public body" means
:
(i)
 any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
[
(i)
] 
(A)
 is created by the Utah Constitution, statute, rule, ordinance, or resolution;
[
(ii)
] 
(B)
 consists of two or more persons;
[
(iii)
] 
(C)
 expends, disburses, or is supported in whole or in part by tax revenue; and
[
(iv)
] 
(D)
 is vested with the authority to make decisions regarding the public's
business[
.
]
; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as
defined in Section 
53A-1-1601
, that:
(A) consists of two or more persons;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public
school or whose employees participate in a benefit or program described in Title 49, Utah State
Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public
school or student in an interscholastic activity as defined in Section 
53A-1-1601
.
(b) "Public body" includes, as defined in Section 
11-13-103
, an interlocal entity or joint
or cooperative undertaking.
(c) "Public body" does not include a:
(i) political party, political group, or political caucus;
(ii) conference committee, rules committee, or sifting committee of the Legislature; or
(iii) school community council or charter trust land council as defined in Section
53A-1a-108.1
.
(10) "Public statement" means a statement made in the ordinary course of business of
the public body with the intent that all other members of the public body receive it.
(11) (a) "Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected officials by themselves when
no action, either formal or informal, is taken on a subject over which these elected officials
have advisory power.
(12) "Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(13) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b) does not include a body listed in Subsection (9)(c)(ii).
(14) "Transmit" means to send, convey, or communicate an electronic message by
electronic means.
Section 2. Section 
53A-1-1601
 is enacted to read:
Part 16. Public School Membership in Associations
 53A-1-1601.
Definitions.
As used in this part:
(1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
assigning a public school a classification or region.
(2) "Appeals panel" means the appeals panel created in Section 
53A-1-1606
.
(3) (a) "Association" means an organization that governs or regulates a student's
participation in an athletic interscholastic activity.
(b) "Association" does not include an institution of higher education described in
Section 
53B-1-102
.
(4) "Classification" means the designation of a school based on the size of the school's
student enrollment population for purposes of interscholastic activities.
(5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
or governed by an association.
(6) "Governing body" means a body within an association that:
(a) is responsible for:
(i) adopting rules or policies that govern interscholastic activities or the administration
of the association;
(ii) adopting or amending the association's governing document or bylaws;
(iii) enforcing the rules and policies of the association; and
(iv) adopting the association's budget; and
(b) has oversight of other boards, committees, councils, or bodies within the
association.
(7) "Interscholastic activity" means an activity within the state in which:
(a) a student that participates represents the student's school in the activity; and
(b) the participating student is enrolled in grade 9, 10, 11, or 12.
(8) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(9) "Region" means a grouping of schools of the same classification for purposes of
interscholastic activities.
Section 3. Section 
53A-1-1602
 is enacted to read:
 53A-1-1602.
Public schools prohibited from membership.
(1) A public school may not be a member of or pay dues to an association that is not in
compliance on or after July 1, 2017, with:
(a) this part;
(b) Title 52, Chapter 4, Open and Public Meetings Act;
(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
(d) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(2) Unless otherwise specified, an association's compliance with or an association
employee or officer's compliance with the provisions described in Subsection (1) does not alter:
(a) the association's public or private status; or
(b) the public or private employment status of the employee or officer.
Section 4. Section 
53A-1-1603
 is enacted to read:
 53A-1-1603.
Governing body membership.
(1) (a) A governing body shall have 15 members as follows:
(i) six members who:
(A) are each an elected member of a local school board; and
(B) each represent a different classification;
(ii) (A) one school superintendent representing the two largest classifications;
(B) one school superintendent representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
and
(C) one school superintendent representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
(iii) (A) one school principal representing the two largest classifications;
(B) one school principal representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
and
(C) one school principal representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
(iv) one representative of charter schools;
(v) one representative of private schools, if private schools are members of or regulated
by the association; and
(vi) one member representing the State Board of Education.
(b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
elected or appointed by or represent charter or private schools on the governing body.
(2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
appointed, or otherwise selected in accordance with association rule or policy to the extent the
selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
(b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
the State Board of Education or the chair's designee if the designee is an elected member of the
State Board of Education.
Section 5. Section 
53A-1-1604
 is enacted to read:
 53A-1-1604.
Reporting requirements.
An association shall provide a verbal report, accompanied by a written report, annually
to the State Board of Education, including:
 (1) the association's annual budget in accordance with Section 
53A-1-1605
;
 (2) a schedule of events scheduled or facilitated by the association;
 (3) procedures for alignment or realignment;
 (4) any amendments or changes to the association's governing document or bylaws; and
 (5) any other information requested by the State Board of Education.
Section 6. Section 
53A-1-1605
 is enacted to read:
 53A-1-1605.
Association budgets.
(1) An association shall:
(a) adopt a budget in accordance with this section; and
(b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
be in accordance with generally accepted accounting principles or auditing standards.
(2) An association budget officer or executive director shall annually prepare a
tentative budget, with supporting documentation, to be submitted to the governing body.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) a detailed estimate of the essential expenditures for all purposes for the next
succeeding fiscal year; and
(d) the estimated financial condition of the association by funds at the close of the
current fiscal year.
(4) The tentative budget shall be filed with the governing body 15 days, or earlier,
before the date of the tentative budget's proposed adoption by the governing body.
(5) The governing body shall adopt a budget.
(6) Before the adoption or amendment of a budget, the governing body shall hold a
public hearing on the proposed budget or budget amendment.
(7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
public hearing, a governing body shall:
(i) publish a notice of the public hearing electronically in accordance with Section
63F-1-701
; and
(ii) post the proposed budget on the association's Internet website.
(b) A notice of a public hearing on an association's proposed budget shall include
information on how the public may access the proposed budget as provided in Subsection
(7)(a).
(8) No later than September 30 of each year, the governing body shall file a copy of the
adopted budget with the state auditor and the State Board of Education.
Section 7. Section 
53A-1-1606
 is enacted to read:
 53A-1-1606.
Procedures for disputes -- Appeals -- Appeals panel -- Compensation.
(1) (a) An association shall establish a uniform procedure for hearing and deciding:
(i) disputes;
(ii) allegations of violations of the association's rules or policies;
(iii) requests to establish eligibility after a student transfers schools; and
(iv) disputes related to alignment or realignment.
(b) An individual may appeal to an appeals panel established in this section an
association decision regarding a request to establish eligibility after a student transfers schools.
(2) (a) There is established an appeals panel for an association decision described in
Subsection (1)(b).
(b) The appeals panel shall consist of the following three members:
(i) a judge or attorney who is not employed by, or contracts with, a school;
(ii) a retired educator, principal, or superintendent; and
(iii) a retired athletic director or coach.
(c) A review and decision by the appeals panel is limited to whether the association
properly followed the association's rules and procedures in regard to a decision described in
Subsection (1)(b).
(d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
(ii) The appeals panel shall review an appeal and issue a written decision explaining
the appeals panel's decision no later than 10 business days after an appeal is filed.
(e) The appeals panel's decision is final.
(3) (a) The State Board of Education shall appoint the members of the appeals panel
described in Subsection (2):
(i) from the association's nominations described in Subsection (3)(b); and
(ii) in accordance with the State Board of Education's appointment process.
(b) (i) The association shall nominate up to three individuals for each position
described in Subsection (2) for the State Board of Education's consideration.
(ii) If the State Board of Education refuses to appoint members to the panel who were
nominated by the association as described in Subsection (3)(b)(i), the State Board of Education
shall request additional nominations from the association.
(iii) No later than 45 days after the association provides the nominations, the State
Board of Education shall appoint to the appeals panel an individual from the names provided
by the association.
(c) For the initial membership, the State Board of Education shall appoint two of the
positions having an initial term of three years and one position having an initial term of two
years.
(d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
the State Board of Education shall appoint each new member or reappointed member to a
two-year term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The State Board of Education shall reimburse an association for per diem and travel
expenses of members of the appeals panel.
Section 8. Section 
63A-3-106
 is amended to read:
63A-3-106.
Per diem rates for board members.
(1) As used in this section and Section 
63A-3-107
:
(a) "Board" means a board, commission, council, committee, task force, or similar
body established to perform a governmental function.
(b) "Board member" means a person appointed or designated by statute to serve on a
board.
(c) "Executive branch" means an agency within the executive branch of state
government.
(d) 
(i)
 "Governmental entity" has the same meaning
, except as provided in Subsection
(1)(d)(ii),
 as provided under Section 
63G-2-103
.
(ii) "Governmental entity" does not include an association as defined in Section
53A-16-101
.
(e) "Higher education" means a state institution of higher education, as defined under
Section 
53B-1-102
.
(f) "Officer" means a person who is elected or appointed to an office or position within
a governmental entity.
(g) "Official meeting" means a meeting of a board that is called in accordance with
statute.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
subject to approval by the executive director, the director of the Division of Finance shall make
rules establishing per diem rates to defray subsistence costs for a board member's attendance at
an official meeting.
(3) Unless otherwise provided by statute, a per diem rate established under Subsection
(2) is applicable to a board member who serves:
(a) within the executive branch, except as provided under Subsection (3)(b);
(b) within higher education, unless higher education pays the costs of the per diem;
(c) on a board that is:
(i) not included under Subsection (3)(a) or (b); and
(ii) created by a statute that adopts the per diem rates by reference to:
(A) this section; and
(B) the rule authorized by this section; and
(d) within a government entity that is not included under Subsection (3)(a), if the
government entity adopts the per diem rates by reference to:
(i) this section; or
(ii) the rule establishing the per diem rates.
(4) (a) Unless otherwise provided by statute, a board member who is not a legislator
may receive per diem under this section and travel expenses under Section 
63A-3-107
 if the per
diem and travel expenses are incurred by the board member for attendance at an official
meeting.
(b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
travel expenses under this Subsection (4) if the board member is being paid by a governmental
entity while performing the board member's service on the board.
(5) A board member may decline to receive per diem for the board member's service.
(6) Compensation and expenses of a board member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 9. Section 
63G-2-103
 is amended to read:
63G-2-103.
Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records
for the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b) any arrests or jail bookings made by the agency.
(3) "Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled, protected, or
exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(4) (a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of data from the
computer system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by
use of the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms of the
original data were to be produced manually.
(5) (a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled
as provided by Section 
63G-2-304
.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a majority of
records in a record series would be given if classified and the classification that other records
typically present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office,
municipal office, school board or school district office, local district office, or special service
district office, but does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11) (a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
the Board of Examiners, the National Guard, the Career Service Review Office, the State
Board of Education, the State Board of Regents, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
committees, except any political party, group, caucus, or rules or sifting committee of the
Legislature;
(iii) courts, the Judicial Council, the Office of the Court Administrator, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section 
63G-2-701
, this
chapter shall apply to the political subdivision to the extent specified in Section 
63G-2-701
 or
as specified in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection (11)(a) that is funded or established by the
government to carry out the public's business; [
and
]
(ii) as defined in Section 
11-13-103
, an interlocal entity or joint or cooperative
undertaking[
.
]
; and
(iii) an association as defined in Section 
53A-1-1601
.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created
in Section 
53B-8a-103
.
(12) "Gross compensation" means every form of remuneration payable for a given
period to an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
similar benefit received from the individual's employer.
(13) "Individual" means a human being.
(14) (a) "Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties describing official
actions initially taken in response to either a public complaint about or the discovery of an
apparent violation of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection (14)(a)
appears in follow-up or investigative reports, it may only be treated confidentially if it is
private, controlled, protected, or exempt from disclosure under Subsection 
63G-2-201
(3)(b).
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity
has complied with a records committee order.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as
provided by Section 
63G-2-302
.
(20) "Protected record" means a record that is classified protected as provided by
Section 
63G-2-305
.
(21) "Public record" means a record that is not private, controlled, or protected and that
is not exempt from disclosure as provided in Subsection 
63G-2-201
(3)(b).
(22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of physical form
or characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or
officer of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the originator is
working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi) junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the
originator's personal use or for the personal use of an individual for whom the originator is
working;
(x) a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body
, other than an association or appeals panel as defined
in Section 
53A-1-1601
,
 charged by law with performing a quasi-judicial function;
(xii) a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided that the
employee or officer of the governmental entity has designated at least one business telephone
number that is a public record as provided in Section 
63G-2-301
;
(xiii) information provided by the Public Employees' Benefit and Insurance Program,
created in Section 
49-20-103
, to a county to enable the county to calculate the amount to be
paid to a health care provider under Subsection 
17-50-319
(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as
provided in Section 
11-42-205
; or
(xv) a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under Section 
67-5b-102
.
(23) "Record series" means a group of records that may be treated as a unit for
purposes of designation, description, management, or disposition.
(24) "Records committee" means the State Records Committee created in Section
63G-2-501
.
(25) "Records officer" means the individual appointed by the chief administrative
officer of each governmental entity, or the political subdivision to work with state archives in
the care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(26) "Schedule," "scheduling," and their derivative forms mean the process of
specifying the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(27) "Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section
53B-1-102
; and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of
higher education; or
(ii) federal, state, or local governmental entity.
(28) "State archives" means the Division of Archives and Records Service created in
Section 
63A-12-101
.
(29) "State archivist" means the director of the state archives.
(30) "Summary data" means statistical records and compilations that contain data
derived from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 10. Section 
67-16-3
 is amended to read:
67-16-3.
Definitions.
As used in this chapter:
(1) "Agency" means
:
(a)
 any department, division, agency, commission, board, council, committee,
authority, or any other institution of the state or any of its political subdivisions[
.
]
; or
(b) an association as defined in Section 
53A-16-101
.
(2) "Agency head" means the chief executive or administrative officer of any agency.
(3) "Assist" means to act, or offer or agree to act, in such a way as to help, represent,
aid, advise, furnish information to, or otherwise provide assistance to a person or business
entity, believing that such action is of help, aid, advice, or assistance to such person or business
entity and with the intent to assist such person or business entity.
(4) "Business entity" means a sole proprietorship, partnership, association, joint
venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on
a business.
(5) "Compensation" means anything of economic value, however designated, which is
paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone
other than the governmental employer for or in consideration of personal services, materials,
property, or any other thing whatsoever.
(6) "Controlled, private, or protected information" means information classified as
controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and
Management Act, or other applicable provision of law.
(7) "Governmental action" means any action on the part of the state, a political
subdivision, or an agency, including:
(a) any decision, determination, finding, ruling, or order; and
(b) any grant, payment, award, license, contract, subcontract, transaction, decision,
sanction, or approval, or the denial thereof, or the failure to act in respect to.
(8) "Improper disclosure" means disclosure of controlled, private, or protected
information to any person who does not have the right to receive the information.
(9) "Legislative employee" means any officer or employee of the Legislature, or any
committee of the Legislature, who is appointed or employed to serve, either with or without
compensation, for an aggregate of less than 800 hours during any period of 365 days. 
"Legislative employee" does not include legislators.
(10) "Legislator" means a member or member-elect of either house of the Legislature
of the state of Utah.
(11) "Political subdivision" means a district, school district, or any other political
subdivision of the state that is not an agency, but does not include a municipality or a county.
(12) 
(a)
 "Public employee" means a person who is not a public officer who is employed
on a full-time, part-time, or contract basis by
:
(i)
 the state
 [
or any of its political subdivisions.
]
;
(ii) a political subdivision of the state; or
(iii) an association as defined in Section 
53A-1-1601
.
 (b)
 "Public employee" does not include legislators or legislative employees.
(13) 
(a)
 "Public officer" means [
all
] 
an
 elected or appointed [
officers of the state or any
of its political subdivisions who occupy policymaking posts. 
] 
officer:
(i) (A) of the state;
(B) of a political subdivision of the state; or
(C) an association as defined in Section 
53A-1-1601
; and
(ii) who occupies a policymaking post.
(b)
 "Public officer" does not include legislators or legislative employees.
(14) "State" means the state of Utah.
(15) "Substantial interest" means the ownership, either legally or equitably, by an
individual, the individual's spouse, or the individual's minor children, of at least 10% of the
outstanding capital stock of a corporation or a 10% interest in any other business entity.
Section 11. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
To State Board of Education -- State Administrative Office
From General Fund, Ongoing
$15,000
Schedule of Programs:
Board and Administration $15,000
The Legislature intends that the State Board of Education use the appropriation to the
State Board of Education under this section to reimburse an association for per diem and travel
expenses incurred by a member of an appeals panel described in Section 
53A-1-1606
.