63A-3-403 - Utah Transparency Advisory Board -- Creation -- Membership -- Duties.
63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --Duties.
(1) There is created within the division the Utah Transparency Advisory Boardcomprised of members knowledgeable about public finance or providing public access to publicfinancial information as follows:
(a) one member designated by the director of the Division of Finance;
(b) one member designated by the director of the Governor's Office of Planning andBudget;
(c) one member appointed by the governor on advice from the Judicial Council, whoshall serve until June 30, 2009;
(d) one member appointed by the governor on advice from the Legislative Fiscal Analyst;
(e) one member of the Senate, appointed by the governor on advice from the president ofthe Senate;
(f) one member of the House of Representatives, appointed by the governor on advicefrom the speaker of the House of Representatives;
(g) one member designated by the director of the Department of Technology Services;
(h) one member appointed by the governor from a state institution of higher education,who shall serve for one year beginning on July 1, 2009 and ending on June 30, 2010; and
(i) three additional members appointed by the governor, who shall each serve one-yearterms as follows:
(i) for the term beginning on July 1, 2009 and ending on June 30, 2010, represent thefollowing entities:
(A) a school district;
(B) a charter school; and
(C) a public transit district created under Title 17B, Chapter 2a, Part 8, Public TransitDistrict Act; and
(ii) for the term beginning on July 1, 2010 and ending on June 30, 2011, represent thefollowing entities:
(A) a county;
(B) a municipality; and
(C) (I) a local district under Title 17B, Limited Purpose Local Government Entities -Local Districts, that is not a public transit district created under Title 17B, Chapter 2a, Part 8,Public Transit District Act; or
(II) a special service district under Title 17D, Chapter 1, Special Service District Act.
(2) The board shall:
(a) advise the division on matters related to the implementation and administration ofthis part;
(b) develop plans, make recommendations, and assist in implementing the provisions ofthis part;
(c) determine what public financial information shall be provided by participating stateand local entities, provided that the public financial information:
(i) only includes records that:
(A) are classified as public under Title 63G, Chapter 2, Government Records Access andManagement 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 or local entity that isrequired to provide the record; and
(ii) is of the type or nature that should be accessible to the public via a website based onconsiderations 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 andfeatures on the website;
(e) establish size or budget thresholds to identify those local entities that qualify asparticipating local entities as defined in this part, giving special consideration to the budget andresource limitations of an entity with a current annual budget of less than $10,000,000;
(f) require participating local entities to provide public financial information inaccordance with the requirements of this part, with a specified content, reporting frequency, andform;
(g) require a participating local entity's website to be accessible by link or other directroute from the Utah Public Finance Website if the participating local entity does not use the UtahPublic Finance Website; and
(h) determine the search methods and the search criteria that shall be made available tothe public as part of a website used by a participating local entity under the requirements of thispart, which criteria may include:
(i) fiscal year;
(ii) expenditure type;
(iii) name of the agency;
(iv) payee;
(v) date; and
(vi) amount.
(3) The board shall annually elect a chair and a vice chair from its members.
(4) (a) Except for a member appointed under Subsections (1)(c) and (h), each membershall serve a two-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall beappointed for the remainder of the unexpired term.
(5) The board shall meet as it determines necessary to accomplish its duties.
(6) Reasonable notice shall be given to each member of the board before any meeting.
(7) A majority of the board constitutes a quorum for the transaction of business.
(8) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
Amended by Chapter 286, 2010 General Session