Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 23 (2018GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the timing and format of reports required to be submitted to the Government Operations Interim Committee by the:
• government records ombudsman;
• Commission on Federalism;
• Free Market Protection and Privatization Board; and
• Federal Funds Commission;
• repeals the Rural Development Legislative Liaison Committee;
• repeals the Legislative Committee on Landfill Siting Disputes;
• repeals the Government Procurement Private Proposal Program Committee and related provisions;
• repeals the Constitutional Revision Commission;
• requires the Data Security Management Council to meet at least quarterly rather than monthly; and
• makes conforming changes.

Every vote on this bill

Bill text

GOVERNMENT OPERATIONS COMMITTEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Jeremy A. Peterson
LONG TITLE
General Description:
This bill modifies requirements related to reports given to the Government Operations
Interim Committee and repeals, or modifies provisions regarding, certain boards and
commissions.
Highlighted Provisions:
This bill:
▸ modifies the timing and format of reports required to be submitted to the
Government Operations Interim Committee by the:
• government records ombudsman;
• Commission on Federalism;
• Free Market Protection and Privatization Board; and
• Federal Funds Commission;
▸ repeals the Rural Development Legislative Liaison Committee;
▸ repeals the Legislative Committee on Landfill Siting Disputes;
▸ repeals the Government Procurement Private Proposal Program Committee and
related provisions;
▸ repeals the Constitutional Revision Commission;
▸ requires the Data Security Management Council to meet at least quarterly rather
than monthly; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-12-111
, as last amended by Laws of Utah 2013, Chapter 278
63C-4a-303
, as last amended by Laws of Utah 2014, Chapter 221
63C-14-301
, as last amended by Laws of Utah 2015, Chapter 409
63F-1-205
, as last amended by Laws of Utah 2017, Chapter 238
63F-2-102
, as last amended by Laws of Utah 2017, Chapter 382
63G-2-305
, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
63G-6a-304
, as last amended by Laws of Utah 2015, Chapter 283
63G-6a-305
, as last amended by Laws of Utah 2015, Chapter 283
63I-4a-203
, as last amended by Laws of Utah 2016, Chapter 182
REPEALS:
19-6-102.6
, as last amended by Laws of Utah 2012, Chapter 360
36-25-101
, as enacted by Laws of Utah 2004, Chapter 73
36-25-102
, as last amended by Laws of Utah 2014, Chapter 387
36-25-103
, as enacted by Laws of Utah 2004, Chapter 73
36-25-104
, as enacted by Laws of Utah 2004, Chapter 73
63G-6a-711
, as last amended by Laws of Utah 2015, Chapter 283
63I-3-101
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-3-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-3-201
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-3-202
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-3-203
, as last amended by Laws of Utah 2011, Chapter 384
63I-3-204
, as last amended by Laws of Utah 2011, Chapter 384
63I-3-205
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-3-206
, as last amended by Laws of Utah 2014, Chapter 387
63I-3-207
, as last amended by Laws of Utah 2011, Chapter 384
63N-13-201
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-202
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-203
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-204
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-205
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-206
, as last amended by Laws of Utah 2016, Chapter 222
63N-13-207
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-208
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-209
, as last amended by Laws of Utah 2016, Chapter 222
63N-13-210
, as last amended by Laws of Utah 2016, Chapter 222
63N-13-211
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-13-212
, as renumbered and amended by Laws of Utah 2015, Chapter 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-12-111
 is amended to read:
63A-12-111.
Government records ombudsman.
(1) (a) The director of the division shall appoint a government records ombudsman.
(b) The government records ombudsman may not be a member of the records
committee.
(2) The government records ombudsman shall:
(a) be familiar with the provisions of Title 63G, Chapter 2, Government Records
Access and Management Act;
(b) serve as a resource for a person who is making or responding to a records request or
filing an appeal relating to a records request;
(c) upon request, attempt to mediate disputes between requestors and responders; and
(d) on an annual basis, 
electronically transmit a written
 report to the Government
Operations Interim Committee on the work performed by the government records ombudsman
during the previous year.
(3) The government records ombudsman may not testify, or be compelled to testify,
before the records committee, another administrative body, or a court regarding a matter that
the government records ombudsman provided services in relation to under this section.
Section 2. Section 
63C-4a-303
 is amended to read:
63C-4a-303.
 Duties of Commission on Federalism.
(1) In accordance with Section 
63C-4a-304
, the commission may evaluate a federal
law:
(a) as agreed by a majority of the commission; or
(b) submitted to the commission by a council member.
(2) The commission may request information regarding a federal law under evaluation
from a United States senator or representative elected from the state.
(3) If the commission finds that a federal law is not authorized by the United States
Constitution or violates the principle of federalism as described in Subsection 
63C-4a-304
(2), a
commission cochair may:
(a) request from a United States senator or representative elected from the state:
(i) information about the federal law; or
(ii) assistance in communicating with a federal governmental entity regarding the
federal law;
(b) (i) give written notice of an evaluation made under Subsection (1) to the federal
governmental entity responsible for adopting or administering the federal law; and
(ii) request a response by a specific date to the evaluation from the federal
governmental entity; and
(c) request a meeting, conducted in person or by electronic means, with the federal
governmental entity, a representative from another state, or a United States Senator or
Representative elected from the state to discuss the evaluation of federal law and any possible
remedy.
(4) The commission may recommend to the governor that the governor call a special
session of the Legislature to give the Legislature an opportunity to respond to the commission's
evaluation of a federal law.
(5) A commission cochair may coordinate the evaluation of and response to federal law
with another state as provided in Section 
63C-4a-305
.
(6) [
On May 20 and October 20 of each
] 
Each
 year, the commission shall submit a
report by electronic mail to the Legislative Management Committee and the Government
Operations Interim Committee that summarizes:
(a) action taken by the commission in accordance with this section; and
(b) action taken by, or communication received from, any of the following in response
to a request or inquiry made, or other action taken, by the commission:
(i) a United States senator or representative elected from the state;
(ii) a representative of another state; or
(iii) a federal entity, official, or employee.
(7) The commission shall keep a current list on the Legislature's website of:
(a) a federal law that the commission evaluates under Subsection (1);
(b) an action taken by a cochair of the commission under Subsection (3);
(c) any coordination undertaken with another state under Section 
63C-4a-305
; and
(d) any response received from a federal government entity that was requested under
Subsection (3).
(8) The commission shall develop curriculum for a seminar on the principles of
federalism. The curriculum shall be available to the general public and include:
(a) fundamental principles of federalism;
(b) the sovereignty, supremacy, and jurisdiction of the individual states, including their
police powers;
(c) the history and practical implementation of the Tenth Amendment to the United
States Constitution;
(d) the authority and limits on the authority of the federal government as found in the
United States Constitution;
(e) the relationship between the state and federal governments;
(f) methods of evaluating a federal law in the context of the principles of federalism;
(g) how and when challenges should be made to a federal law or regulation on the basis
of federalism;
(h) the separate and independent powers of the state that serve as a check on the federal
government;
(i) first amendment rights and freedoms contained therein; and
(j) any other issues relating to federalism the commission considers necessary.
(9) The commission may apply for and receive grants, and receive private donations to
assist in funding the creation, enhancement, and dissemination of the curriculum.
Section 3. Section 
63C-14-301
 is amended to read:
63C-14-301.
Commission duties.
(1) Until November 30, 2019, the commission shall:
(a) study and assess:
(i) the financial stability of the federal government;
(ii) the level of dependency that the state and local governments have on the receipt of
federal funds;
(iii) the risk that the state and local governments in the state will experience a reduction
in the amount or value of federal funds they receive, in both the near and distant future;
(iv) the likely and potential impact on the state and its citizens from a reduction in the
amount or value of federal funds received by the state and by local governments in the state, in
both the near and distant future; and
(v) the likely and potential national impact from a reduction in the amount or value of
federal funds paid to the states, in both the near and distant future; and
(b) make recommendations to the governor and Legislature on methods to:
(i) avoid or minimize the risk of a reduction in the amount or value of federal funds by
the state and by local governments in the state;
(ii) reduce the dependency of the state and of local governments in the state on federal
funds; and
(iii) prepare for and respond to a reduction in the amount or value of federal funds by
the state and by local governments in the state.
(2) After November 30, 2019, the commission shall study, assess, and provide
recommendations on any federal issue that the governor, the Legislature through a joint
resolution of the Legislature, or the Legislative Management Committee directs the
commission to study, assess, and make recommendations on.
(3) [
On or before November 30 of each year, the
] 
The
 commission shall 
present a
report to the Government Operations Interim Committee of the Legislature 
each year
 on the
commission's findings and recommendations.
Section 4. Section 
63F-1-205
 is amended to read:
63F-1-205.
Approval of acquisitions of information technology.
(1) (a) [
Except as provided in Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, in
] 
In
 accordance with Subsection (2), the chief information officer
shall approve the acquisition by an executive branch agency of:
(i) information technology equipment;
(ii) telecommunications equipment;
(iii) software;
(iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
(v) data acquisition.
(b) The chief information officer may negotiate the purchase, lease, or rental of private
or public information technology or telecommunication services or facilities in accordance with
this section.
(c) Where practical, efficient, and economically beneficial, the chief information
officer shall use existing private and public information technology or telecommunication
resources.
(d) Notwithstanding another provision of this section, an acquisition authorized by this
section shall comply with rules made by the applicable rulemaking authority under Title 63G,
Chapter 6a, Utah Procurement Code.
(2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
that exceeds the value established by the chief information officer by rule in accordance with
Section 
63F-1-206
, the chief information officer shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
services and the ability of the proposed information technology or telecommunications services
or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract,
certify in writing to the chief procurement officer in the Division of Purchasing and General
Services that:
(i) the analysis required in Subsection (2)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
services, products, or supplies is practical, efficient, and economically beneficial to the state
and the executive branch agency or subscriber of services.
(3) In approving an acquisition described in Subsections (1) and (2), the chief
information officer shall:
(a) establish by administrative rule, in accordance with Section 
63F-1-206
, standards
under which an agency must obtain approval from the chief information officer before
acquiring the items listed in Subsections (1) and (2);
(b) for those acquisitions requiring approval, determine whether the acquisition is in
compliance with:
(i) the executive branch strategic plan;
(ii) the applicable agency information technology plan;
(iii) the budget for the executive branch agency or department as adopted by the
Legislature;
(iv) Title 63G, Chapter 6a, Utah Procurement Code; and
(v) the information technology accessibility standards described in Section 
63F-1-210
;
and
(c) in accordance with Section 
63F-1-207
, require coordination of acquisitions between
two or more executive branch agencies if it is in the best interests of the state.
(4) Each executive branch agency shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(a) at the request of the chief information officer; and
(b) related to the executive branch agency's acquisition of any item listed in Subsection
(1).
(5) (a) In accordance with administrative rules established by the department under
Section 
63F-1-206
, an executive branch agency and the department may not initiate a new
technology project unless the technology project is described in a formal project plan and a
business case analysis is approved by the chief information officer and the highest ranking
executive branch agency official.
(b) The project plan and business case analysis required by this Subsection (5) shall
include:
(i) a statement of work to be done and existing work to be modified or displaced;
(ii) total cost of system development and conversion effort, including system analysis
and programming costs, establishment of master files, testing, documentation, special
equipment cost and all other costs, including overhead;
(iii) savings or added operating costs that will result after conversion;
(iv) other advantages or reasons that justify the work;
(v) source of funding of the work, including ongoing costs;
(vi) consistency with budget submissions and planning components of budgets; and
(vii) whether the work is within the scope of projects or initiatives envisioned when the
current fiscal year budget was approved.
(c) The chief information officer shall determine the required form of the project plan
and business case analysis described in this Subsection (5).
(6) The chief information officer and the Division of Purchasing and General Services
within the Department of Administrative Services shall work cooperatively to establish
procedures under which the chief information officer shall monitor and approve acquisitions as
provided in this section.
Section 5. Section 
63F-2-102
 is amended to read:
63F-2-102.
Data Security Management Council -- Membership -- Duties.
(1) There is created the Data Security Management Council composed of nine
members as follows:
(a) the chief information officer appointed under Section 
63F-1-201
, or the chief
information officer's designee;
(b) one individual appointed by the governor;
(c) one individual appointed by the speaker of the House of Representatives and the
president of the Senate from the Legislative Information Technology Steering Committee; and
(d) the highest ranking information technology official, or the highest ranking
information technology official's designee, from each of:
(i) the Judicial Council;
(ii) the State Board of Regents;
(iii) the State Board of Education;
(iv) the Utah System of Technical Colleges Board of Trustees;
(v) the State Tax Commission; and
(vi) the Office of the Attorney General.
(2) The council shall elect a chair of the council by majority vote.
(3) (a) A majority of the members of the council constitutes a quorum.
(b) Action by a majority of a quorum of the council constitutes an action of the council.
(4) The Department of Technology Services shall provide staff to the council.
(5) The council shall meet [
monthly
] 
quarterly
, or as often as necessary, to:
(a) review existing state government data security policies;
(b) assess ongoing risks to state government information technology;
(c) create a method to notify state and local government entities of new risks;
(d) coordinate data breach simulation exercises with state and local government
entities; and
(e) develop data security best practice recommendations for state government that
include recommendations regarding:
(i) hiring and training a chief information security officer for each government entity;
(ii) continuous risk monitoring;
(iii) password management;
(iv) using the latest technology to identify and respond to vulnerabilities;
(v) protecting data in new and old systems; and
(vi) best procurement practices.
(6) A member who is not a member of the Legislature may not receive compensation
or benefits for the member's service but may receive per diem and travel expenses as provided
in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
Section 6. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties, a bid, proposal, application, or other
information submitted to or by a governmental entity in response to:
(a) an invitation for bids;
(b) a request for proposals;
(c) a request for quotes;
(d) a grant; or
(e) other similar document;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
[
(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, to the extent not made public by rules made under that chapter;
]
[
(54)
] 
(53)
 in accordance with Section 
78A-12-203
, any record of the Judicial
Performance Evaluation Commission concerning an individual commissioner's vote on
whether or not to recommend that the voters retain a judge including information disclosed
under Subsection 
78A-12-203
(5)(e);
[
(55)
] 
(54)
 information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
[
(56)
] 
(55)
 records contained in the Management Information System created in
Section 
62A-4a-1003
;
[
(57)
] 
(56)
 records provided or received by the Public Lands Policy Coordinating
Office in furtherance of any contract or other agreement made in accordance with Section
63J-4-603
;
[
(58)
] 
(57)
 information requested by and provided to the 911 Division under Section
63H-7a-302
;
[
(59)
] 
(58)
 in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
[
(60)
] 
(59)
 the following records in the custody or control of the Office of Inspector
General of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
[
(61)
] 
(60)
 records that reveal methods used by the Office of Inspector General of
Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud,
waste, or abuse;
[
(62)
] 
(61)
 information provided to the Department of Health or the Division of
Occupational and Professional Licensing under Subsection 
58-68-304
(3) or (4);
[
(63)
] 
(62)
 a record described in Section 
63G-12-210
;
[
(64)
] 
(63)
 captured plate data that is obtained through an automatic license plate
reader system used by a governmental entity as authorized in Section 
41-6a-2003
;
[
(65)
] 
(64)
 any record in the custody of the Utah Office for Victims of Crime relating
to a victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
[
(66)
] 
(65)
 an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Subsection 
62A-2-101
(19)(a)(vi), except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(d); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; and 
[
(67)
] 
(66)
 a record pertaining to the search process for a president of an institution of
higher education described in Section 
53B-2-102
, except for application materials for a
publicly announced finalist.
Section 7. Section 
63G-6a-304
 is amended to read:
63G-6a-304.
Delegation of authority.
[
(1)
] In accordance with rules made by the board, the chief procurement officer may
delegate authority to designees or to any department, agency, or official.
[
(2) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, any delegation by the chief procurement officer under this section
shall be made to the Governor's Office of Economic Development.
]
Section 8. Section 
63G-6a-305
 is amended to read:
63G-6a-305.
Duty of chief procurement officer in maintaining specifications.
(1) The chief procurement officer may prepare, issue, revise, maintain, and monitor the
use of specifications for each procurement over which the chief procurement officer has
authority.
(2) The chief procurement officer shall obtain expert advice and assistance from
personnel of procurement units in the development of specifications and may delegate in
writing to a procurement unit the authority to prepare and utilize its own specifications.
[
(3) For a procurement under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, any delegation by the chief procurement officer under this section
shall be made to the Governor's Office of Economic Development.
]
Section 9. Section 
63I-4a-203
 is amended to read:
63I-4a-203.
Free Market Protection and Privatization Board -- Duties.
(1) The board shall:
(a) determine whether an activity provided by an agency could be privatized to provide
the same types and quality of a good or service that would result in cost savings;
(b) review privatization of an activity at the request of:
(i) an agency; or
(ii) a private enterprise;
(c) review issues concerning agency competition with one or more private enterprises
to determine:
(i) whether privatization:
(A) would be feasible;
(B) would result in cost savings; and
(C) would result in equal or better quality of a good or service; and
(ii) ways to eliminate any unfair competition with a private enterprise;
(d) recommend privatization to an agency if a proposed privatization is demonstrated
to provide a more cost efficient and effective manner of providing a good or service, taking
into account:
(i) the scope of providing the good or service;
(ii) whether cost savings will be realized;
(iii) whether quality will be improved;
(iv) the impact on risk management;
(v) the impact on timeliness;
(vi) the ability to accommodate fluctuating demand;
(vii) the ability to access outside expertise;
(viii) the impact on oversight;
(ix) the ability to develop sound policy and implement best practices; and
(x) legal and practical impediments to privatization;
(e) comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in making
rules establishing privatization standards, procedures, and requirements;
(f) in fulfilling the duties described in this Subsection (1), consult with, maintain
communication with, and access information from:
(i) other entities promoting privatization; and
(ii) managers and employees in the public sector;
(g) comply with Part 3, Commercial Activities Inventory and Review; and
(h) (i) prepare an annual report [
for each calendar year
] that contains:
(A) information about the board's activities;
(B) recommendations on privatizing an activity provided by an agency; and
(C) the status of the inventory created under Part 3, Commercial Activities Inventory
and Review; 
and
(ii) 
each year, electronically
 submit the [
annual
] report 
described in Subsection
(1)(h)(i)
 to the [
Legislature
] 
Government Operations Interim Committee
 and the governor [
by
no later than January 15 immediately following the calendar year for which the report is made;
and
]
.
[
(iii) submit, before November 1, an annual written report to the Government
Operations Interim Committee.
]
(2) (a) The board may, using the criteria described in Subsection (1), consider whether
to recommend privatization of an activity provided by an agency or a local entity:
(i) on the board's own initiative;
(ii) upon request by an agency or a local entity;
(iii) in response to a complaint that an agency or a local entity is engaging in unfair
competition with a private enterprise; or
(iv) in light of a proposal made by any person, regardless of whether the proposal was
solicited.
(b) The board may, using the criteria described in Subsection (1), consider whether to
recommend privatization of an activity provided by an entity that is an exempted agency under
Subsection 
63I-4a-102
(2)(b) if the entity requests that the board review privatization of the
activity provided by the entity.
(3) In addition to filing a copy of recommendations for privatization with an agency
head, the board shall file a copy of its recommendations for privatization with:
(a) the governor's office; and
(b) the Office of Legislative Fiscal Analyst for submission to the relevant legislative
appropriation subcommittee.
(4) (a) The board may appoint advisory groups to conduct studies, research, or
analyses, and make reports and recommendations with respect to a matter within the
jurisdiction of the board.
(b) At least one member of the board shall serve on each advisory group.
(5) (a) Subject to Subsection (5)(b), this chapter does not preclude an agency from
privatizing the provision of a good or service independent of the board.
(b) If an agency privatizes the provision of a good or service, the agency shall include
as part of the contract that privatizes the provision of the good or service that any contractor
assumes all liability to provide the good or service.
Section 10. 
Repealer.
This bill repeals:
Section 
19-6-102.6
,
Legislative participation in landfill siting disputes.
Section 
36-25-101
,
Title.
Section 
36-25-102
,
Rural Development Legislative Liaison Committee -- Creation
-- Membership -- Chairs -- Salary -- Expenses.
Section 
36-25-103
,
Duties.
Section 
36-25-104
,
Staff support.
Section 
63G-6a-711
,
Procurement for submitted proposal.
Section 
63I-3-101
,
Title.
Section 
63I-3-102
,
Definitions.
Section 
63I-3-201
,
Creation -- Members -- Appointment -- Qualifications -- Term
of office -- Maximum length of service.
Section 
63I-3-202
,
Vacancies -- Person filling a vacancy begins serving new term.
Section 
63I-3-203
,
Duties.
Section 
63I-3-204
,
The commission may invite testimony.
Section 
63I-3-205
,
Public hearings -- Purpose.
Section 
63I-3-206
,
Per diem and travel expenses of members.
Section 
63I-3-207
,
Appointment of staff.
Section 
63N-13-201
,
Title.
Section 
63N-13-202
,
Definitions.
Section 
63N-13-203
,
Government Procurement Private Proposal Program --
Proposals -- Rulemaking.
Section 
63N-13-204
,
Committee for reviewing proposals -- Appointment --
Accepting or rejecting a proposal.
Section 
63N-13-205
,
Initial proposal -- Requirements.
Section 
63N-13-206
,
Review of initial proposal -- Affected department review.
Section 
63N-13-207
,
Acceptance of initial proposal -- Obtaining detailed proposals.
Section 
63N-13-208
,
Detailed proposal -- Requirements -- Cooperation of affected
department.
Section 
63N-13-209
,
Receipt of detailed proposals -- Economic feasibility report --
Acceptance of a detailed proposal.
Section 
63N-13-210
,
Project agreement.
Section 
63N-13-211
,
Advisory committee.
Section 
63N-13-212
,
Private Proposal Expendable Special Revenue Fund -- Fees.