Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 115 Third Substitute (2021GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms; and
• requires certain employers that participate in the Utah Retirement System to disclose employee compensation information through the Utah Public Finance Website or the employer's own website, if the employer is not currently required to disclose the information.

Every vote on this bill

Bill text

RETIREMENT SYSTEM TRANSPARENCY REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill amends provisions related to the public disclosure of information by
employers participating in the Utah Retirement System.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ requires certain employers that participate in the Utah Retirement System to
disclose employee compensation information through the Utah Public Finance
Website or the employer's own website, if the employer is not currently required to
disclose the information.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
63A-1-201
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-1-202
, as last amended by Laws of Utah 2019, Chapter 214 and renumbered and
amended by Laws of Utah 2019, Chapter 370
Utah Code Sections Affected by Coordination Clause:
 67-3-12
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-1-201
 is amended to read:
63A-1-201.
Definitions.
As used in this part:
(1) "Board" means the Utah Transparency Advisory Board created under Section
63A-1-203
.
(2) "Department" means the Department of Administrative Services.
(3) (a) "Independent entity," except as provided in Subsection (3)(c), means the same
as that term is defined in Section 
63E-1-102
.
(b) "Independent entity" includes an entity that is part of an independent entity
described in this Subsection (3), if the entity is considered a component unit of the independent
entity under the governmental accounting standards issued by the Governmental Accounting
Standards Board.
(c) "Independent entity" does not include the Utah State Retirement Office created in
Section 
49-11-201
.
(4) "Participating local entity" means each of the following local entities:
(a) a county;
(b) a municipality;
(c) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts;
(d) a special service district under Title 17D, Chapter 1, Special Service District Act;
(e) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
(f) a school district;
(g) a charter school;
(h) except for a taxed interlocal entity as defined in Section 
11-13-602
:
(i) an interlocal entity as defined in Section 
11-13-103
;
(ii) a joint or cooperative undertaking as defined in Section 
11-13-103
; and
(iii) any project, program, or undertaking entered into by interlocal agreement in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
(i) except for a taxed interlocal entity as defined in Section 
11-13-602
, an entity that is
part of an entity described in Subsections (4)(a) through (h), if the entity is considered a
component unit of the entity described in Subsections (4)(a) through (h) under the
governmental accounting standards issued by the Governmental Accounting Standards Board;
and
(j) a conservation district under Title 17D, Chapter 3, Conservation District Act.
(5) (a) "Participating state entity" means the state of Utah, including [
its
] 
the state's
executive, legislative, and judicial branches, [
its
] departments, divisions, agencies, boards,
commissions, councils, committees, and institutions.
(b) "Participating state entity" includes an entity that is part of an entity described in
Subsection (5)(a), if the entity is considered a component unit of the entity described in
Subsection (5)(a) under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(6) "Public financial information" means records that are required to be made available
on the Utah Public Finance Website, a participating local entity's website, or an independent
entity's website as required by this part, and as the term "public financial information" is
defined by rule [
under
] 
in accordance with
 Section 
63A-1-204
.
(7) (a) "URS-participating employer" means an entity that:
(i) is a participating entity, as that term is defined in Section 
49-11-102
; and
(ii) is not required to report public financial information under this part as:
(A) an independent entity;
(B) a participating local entity; or
(C) a participating state entity.
(b) "URS-participating employer" does not include:
(i) the Utah State Retirement Office created in Section 
49-11-201
; or
(ii) a withdrawing entity.
(8) (a) "Withdrawing entity" means an entity that elects to withdraw from participation
in a system or plan under Title 49, Chapter 11, Part 6, Procedures and Records.
(b) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
Sections 
49-11-623
 and 
49-11-624
.
Section 2. Section 
63A-1-202
 is amended to read:
63A-1-202.
Utah Public Finance Website -- Establishment and administration --
Records disclosure -- Exceptions.
(1) There is created the Utah Public Finance Website to be administered by the state
auditor.
(2) The Utah Public Finance Website shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities, [
and
]
participating local entities, 
and URS-participating employers,
 using the Utah Public Finance
Website; and
(ii) link to websites administered by participating local entities [
or
]
,
 independent
entities
, or URS-participating employers
 that do not use the Utah Public Finance Website for
the purpose of providing [
participating local entities' or independent entities'
] public financial
information as required by this part and by rule [
under
] 
in accordance with
 Section 
63A-1-204
;
(b) allow a person [
who
] 
that
 has Internet access to use the website without paying a
fee;
(c) allow the public to search public financial information on the Utah Public Finance
Website using criteria established by the board;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule [
under
] 
in accordance with
 Section 
63A-1-204
;
(e) have a unique and simplified website address;
(f) be directly accessible via a link from the main page of the official state website;
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule under Section
63A-1-204
; and
(h) include a link to school report cards published on the State Board of Education's
website under Section 
53E-5-211
.
(3) (a) The state auditor shall:
(i) establish and maintain the website, including the provision of equipment, resources,
and personnel as necessary;
(ii) maintain an archive of all information posted to the website;
(iii) coordinate and process the receipt and posting of public financial information from
participating state entities; and
(iv) coordinate and regulate the posting of public financial information by participating
local entities and independent entities.
(b) The department shall provide staff support for the advisory committee.
(4) (a) A participating state entity and each independent entity shall permit the public
to view the entity's public financial information via the website, beginning with information
that is generated not later than the fiscal year that begins July 1, 2008, except that public
financial information for an:
(i) institution of higher education shall be provided beginning with information
generated for the fiscal year beginning July 1, 2009; and
(ii) independent entity shall be provided beginning with information generated for the
entity's fiscal year beginning in 2014.
(b) [
No later than May 15, 2009, the
] 
The
 website shall:
(i) be operational; and
(ii) permit public access to participating state entities' public financial information,
except as provided in Subsections (4)(c) and (d).
(c) An institution of higher education that is a participating state entity shall submit the
entity's public financial information at a time allowing for inclusion on the website no later
than May 15, 2010.
(d) No later than the first full quarter after July 1, 2014, an independent entity shall
submit the entity's public financial information for inclusion on the Utah Public Finance
Website or via a link to its own website on the Utah Public Finance Website.
(5) (a) The Utah Educational Savings Plan, created in Section 
53B-8a-103
, shall
provide the following financial information to the state auditor for posting on the Utah Public
Finance Website:
(i) administrative fund expense transactions from its general ledger accounting system;
and
(ii) employee compensation information.
(b) The plan is not required to submit other financial information to the state auditor,
including:
(i) revenue transactions;
(ii) account owner transactions; and
(iii) fiduciary or commercial information, as defined in Section 
53B-12-102
.
(6) (a) The following independent entities shall each provide administrative expense
transactions from [
its
] 
the independent entity's
 general ledger accounting system and employee
compensation information to the state auditor for posting on the Utah Public Finance Website
or via a link to a website administered by the independent entity:
(i) the Utah Housing Corporation, created in Section 
63H-8-201
; and
(ii) the School and Institutional Trust Lands Administration, created in Section
53C-1-201
.
(b) The Utah Capital Investment Corporation, an independent entity created in Section
63N-6-301
, shall provide the following information to the division for posting on the Utah
Public Finance Website or via a link to a website administered by the independent entity for
each fiscal year ending on or after June 30, 2015:
(i) aggregate compensation information for full-time and part-time employees,
including benefit information;
(ii) aggregate business travel expenses;
(iii) aggregate expenses related to the Utah Capital Investment Corporation's allocation
manager; and
(iv) aggregate administrative, operating, and finance costs.
(c) For purposes of this part, an independent entity described in Subsection (6)(a) or (b)
is not required to submit to the state auditor, or provide a link to, other financial information,
including:
(i) revenue transactions of a fund or account created in its enabling statute;
(ii) fiduciary or commercial information related to any subject if the disclosure of the
information:
(A) would conflict with fiduciary obligations; or
(B) is prohibited by insider trading provisions;
(iii) information of a commercial nature, including information related to:
(A) account owners, borrowers, and dependents;
(B) demographic data;
(C) contracts and related payments;
(D) negotiations;
(E) proposals or bids;
(F) investments;
(G) the investment and management of funds;
(H) fees and charges;
(I) plan and program design;
(J) investment options and underlying investments offered to account owners;
(K) marketing and outreach efforts;
(L) lending criteria;
(M) the structure and terms of bonding; and
(N) financial plans or strategies; and
(iv) information protected from public disclosure by federal law.
(7) (a) As used in this Subsection (7):
(i) "Local education agency" means a school district or a charter school.
(ii) "New school building project" means:
(A) the construction of a school or school facility that did not previously exist in a local
education agency; or
(B) the lease or purchase of an existing building, by a local education agency, to be
used as a school or school facility.
(iii) "School facility" means a facility, including a pool, theater, stadium, or
maintenance building, that is built, leased, acquired, or remodeled by a local education agency
regardless of whether the facility is open to the public.
(iv) "Significant school remodel" means a construction project undertaken by a local
education agency with a project cost equal to or greater than $2,000,000, including:
(A) the upgrading, changing, alteration, refurbishment, modification, or complete
substitution of an existing school or school facility in a local education agency; or
(B) the addition of a school facility.
(b) For each new school building project or significant school remodel, the local
education agency shall:
(i) prepare an annual school plant capital outlay report; and
(ii) submit the report:
(A) to the state auditor for publication on the Utah Public Finance Website; and
(B) in a format, including any raw data or electronic formatting, prescribed by
applicable policy established by the state auditor.
(c) The local education agency shall include in the capital outlay report described in
Subsection (7)(b)(i) the following information as applicable to each new school building
project or significant school remodel:
(i) the name and location of the new school building project or significant school
remodel;
(ii) construction and design costs, including:
(A) the purchase price or lease terms of any real property acquired or leased for the
project or remodel;
(B) facility construction;
(C) facility and landscape design;
(D) applicable impact fees; and
(E) furnishings and equipment;
(iii) the gross square footage of the project or remodel;
(iv) the year construction was completed; and
(v) the final student capacity of the new school building project or, for a significant
school remodel, the increase or decrease in student capacity created by the remodel.
(d) (i) For a cost, fee, or other expense required to be reported under Subsection (7)(c),
the local education agency shall report the actual cost, fee, or other expense.
(ii) The state auditor may require that a local education agency provide further itemized
data on information listed in Subsection (7)(c).
(e) (i) No later than May 15, 2015, a local education agency shall provide the state
auditor a school plant capital outlay report for each new school building project and significant
school remodel completed on or after July 1, 2004, and before May 13, 2014.
(ii) For a new school building project or significant school remodel completed after
May 13, 2014, the local education agency shall provide the school plant capital outlay report
described in this Subsection (7) to the state auditor annually by a date designated by the state
auditor.
(8) A URS-participating employer shall provide employee compensation information
for each fiscal year ending on or after June 30, 2022:
(a) to the state auditor for posting on the Utah Public Finance Website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (8)(b)(i), submitted to the state
auditor for posting on the Utah Public Finance Website.
[
(8)
] 
(9)
 [
A person
] 
An individual
 who negligently discloses a record that is classified
as private, protected, or controlled by Title 63G, Chapter 2, Government Records Access and
Management Act, is not criminally or civilly liable for an improper disclosure of the record if
the record is disclosed solely as a result of the preparation or publication of the Utah Public
Finance Website.
Section 3. 
 Coordinating S.B. 115 with H.B. 27 -- Substantive amendments.
If this S.B. 115 and H.B. 27, Public Information Website Modifications, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication as follows:
(1) Subsection 67-3-12(1)(g) is amended to read:
"(g) "Qualifying entity" means:
(i) an independent entity;
(ii) a participating local entity;
(iii) a participating state entity;
(iv) a local education agency;
(v) a state institution of higher education as defined in Section 
53B-3-102
;
(vi) the Utah Educational Savings Plan created in Section 
58B-8a-103
;
(vii) the Utah Housing Corporation created in Section 
63H-8-201
;
(viii) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(ix) the Utah Capital Investment Corporation created in Section 
63N-6-301
; or
(x) a URS-participating employer.";
(2) the following language is inserted as a new Subsection 67-3-12(1)(h):
"(h) (i) "URS-participating employer" means an entity that:
(A) is a participating entity, as that term is defined in Section 
49-11-102
; and
(B) is not required to report public financial information under this section as a
qualifying entity described in Subsections (1)(g)(i) through (ix).
(ii) "URS-participating employer" does not include:
(A) the Utah State Retirement Office created in Section 
49-11-201
; or
(B) a withdrawing entity.
(i) (i) "Withdrawing entity" means an entity that elects to withdraw from participation
in a system or plan under Title 49, Chapter 11, Part 6, Procedures and Records.
(ii) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
Sections 
49-11-623
 and 
49-11-624."
;
(3) Subsection 67-3-12(3)(a) is amended to read:
"
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities, [
and
]
participating local entities
, and URS-participating employers
 using the [
Utah Public Finance
Website
] 
website
; and
(ii) link to websites administered by participating local entities [
or
]
,
 independent
entities
, or URS-participating employers
 that do not use the [
Utah Public Finance Website
]
website
 for the purpose of providing [
participating local entities' or independent entities'
]
public financial information as required by this [
part
] 
section
 and by rule 
made
 under [
Section
63A-1-204
] 
Subsection (8)
;
"; and
(4) the following language is inserted as a new Subsection 67-3-12(9):
"(9) The rules made under Subsection (8) shall only require a URS-participating
employer to provide employee compensation information for each fiscal year ending on or after
June 30, 2022:
(a) to the state auditor for posting on the public finance website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (9)(b)(i), submitted to the state
auditor for posting on the public finance website.".