Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 82 (2018GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the appointment term for a member of the Utah Transparency Advisory Board;
• modifies the frequency for electing a chair and a vice chair of the Utah Transparency Advisory Board; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTAH TRANSPARENCY ADVISORY BOARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Steve Eliason
LONG TITLE
General Description:
This bill modifies provisions relating to the Utah Transparency Advisory Board.
Highlighted Provisions:
This bill:
▸ modifies the appointment term for a member of the Utah Transparency Advisory
Board;
▸ modifies the frequency for electing a chair and a vice chair of the Utah
Transparency Advisory Board; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-3-403
, as last amended by Laws of Utah 2016, Chapters 47 and 233
63I-2-263
, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. 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;
(l) an individual representing the State Board of Education, appointed by the State
Board of Education; and
(m) 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 (l).
(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) 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;
(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;
(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
(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
] 
Every two years, the
 board shall [
annually
] elect a chair and a vice chair from
its members.
[
(5) (a) Each member shall serve a two-year term.
]
(5) (a) (i) The term of a member appointed for an unexpired two-year term before May
8, 2018, shall be extended by two years from the date of the original appointment.
(ii) Each member appointed on or after May 8, 2018, shall serve a four-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
] 
a four-year 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 2. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-3-403
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-3-403
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
[
(1)
] 
(2)
 Section 
63A-5-227
 is repealed on January 1, 2018.
[
(2)
] 
(3)
 Section 
63H-7a-303
 is repealed on July 1, 2022.
[
(3)
] 
(4)
 On July 1, 2019:
(a) in Subsection 
63J-1-206
(3)(c)(i), the language that states "(i) Except as provided in
Subsection (3)(c)(ii)" is repealed; and
(b) Subsection 
63J-1-206
(3)(c)(ii) is repealed.
[
(4)
] 
(5)
 Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
[
(5)
] 
(6)
 Section 
63N-3-110
 is repealed July 1, 2020.