63M-1-416.   Technology-based service contracts within enterprise zones.
     (1) For purposes of this section:
     (a) "Smart site enterprise" means a technology-based entity located within an enterprise zone that is eligible to receive financial support under the office's smart site program.
     (b) "Smart site program" means a program of the office dedicated to the development of technology-based industry in rural Utah in which services that might otherwise be performed by state agencies are outsourced to a smart site enterprise.
     (c) "State agency" means the:
     (i) Department of Commerce;
     (ii) Department of Workforce Services;
     (iii) Department of Transportation;
     (iv) Department of Health;
     (v) Department of Administrative Services;
     (vi) Department of Public Safety;
     (vii) Utah State Tax Commission; and
     (viii) Governor's Office of Economic Development.
     (d) "Technology-based contract" means a contract between a state agency and a smart site enterprise for the smart site enterprise to provide the following services:
     (i) software development and computer programming;
     (ii) website design;
     (iii) systems integration;
     (iv) AutoCad/GIS mapping;
     (v) help desk support, customer relationship management, and telephone or Internet surveys;
     (vi) computer graphics, animation, or illustration;
     (vii) medical billing, coding, transcription, and related medical informatics services;
     (viii) data entry, data conversion, and imaging;
     (ix) information technology training and e-learning;
     (x) network development, management, service, and support;
     (xi) telecommunications technologies;
     (xii) database development and applications;
     (xiii) multimedia and digital technologies, including DVD;
     (xiv) technical writing;
     (xv) insurance and benefits administration;
     (xvi) data warehousing and storage or web hosting;
     (xvii) billing services; and
     (xviii) information technology consulting.
     (2) The office has the following responsibilities for the smart site program authorized under this section:
     (a) to provide market incentives identified in Subsection (4) to eligible state agencies and provide technical assistance as appropriate;
     (b) to administer funding and initiate interagency transfers consistent with the provisions of this section;
     (c) to provide state agencies with a listing of smart site enterprises;
     (d) to designate a smart site program director and notify state agencies of the designation;

and
     (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to administer this section.
     (3) A state agency has the following responsibilities if participating in the smart site program offered under this section:
     (a) to enter into a memorandum of understanding with the office indicating the steps the agency shall take to encourage smart site enterprises to submit bids for technology-based contracts; and
     (b) to submit to the office by no later than July 30, an accounting of all technology-based contracts awarded to smart site enterprises by the agency in the prior fiscal year.
     (4) (a) A state agency is eligible for an interagency transfer from the office for up to 10% of all technology-based contracts awarded to a smart site enterprise under the office's smart site program.
     (b) The office shall determine the amount of the interagency transfer as follows:
     (i) if the total number of requests for interagency transfers under the program does not exceed the legislative appropriation for the fiscal year, each eligible agency shall receive a full 10% transfer; or
     (ii) if the total number of requests for interagency transfers under the program exceeds the appropriation for the fiscal year, the office shall prorate the amount of each transfer based on the respective percentage of all technology-based contracts submitted to the office by all eligible state agencies.
     (c) (i) After determining the amount of each agency's interagency transfer as required under Subsection (4)(b), the office shall transfer the amount to each agency's budget.
     (ii) The office shall make the transfer no later than August 15 to supplement the agency's budget for the fiscal year beginning just prior to the interagency transfer.
     (iii) An agency may use the interagency transfer it receives under this Subsection (4)(c) for any purpose related to the agency's mission or its duties and responsibilities, including the payment of incentives and award bonuses for participating in the smart site program.
     (d) Funding for the interagency transfer under Subsection (4)(c) shall come from the prior fiscal year appropriation to the office.
     (e) The appropriation to fund this section is nonlapsing to provide for the distribution process outlined in this Subsection (4).

Renumbered and Amended by Chapter 382, 2008 General Session
Download Code Section Zipped WordPerfect 63M01_041600.ZIP 3,981 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009