S.B. 94 Enrolled

INFORMATION TECHNOLOGY AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
AN ACT RELATING TO INFORMATION TECHNOLOGY; ESTABLISHING A PUBLIC
POLICY STATEMENT; RENUMBERING AND AMENDING SECTIONS RELATING
TO THE INFORMATION TECHNOLOGY COMMISSION AND THE CHIEF
INFORMATION OFFICER; MAKING TECHNICAL CORRECTIONS; AND
PROVIDING A COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63D-1-101, Utah Code Annotated 1953
63D-1-102, Utah Code Annotated 1953
63D-1-103, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63D-1-104, (Renumbered from 63A-6-301, as last amended by Chapter 189, Laws of Utah
1996)
63D-1-201, (Renumbered from 63C-2-101, as enacted by Chapter 241, Laws of Utah
1994)
63D-1-202, (Renumbered from 63C-2-102, as last amended by Chapter 210, Laws of Utah
1995)
63D-1-203, (Renumbered from 63C-2-103, as last amended by Chapter 243, Laws of Utah
1996)
63D-1-204, (Renumbered from 63C-2-104, as last amended by Chapter 210, Laws of Utah
1995)
63D-1-205, (Renumbered from 63C-2-105, as last amended by Chapter 243, Laws of Utah
1996)
63D-1-206, (Renumbered from 63C-2-106, as enacted by Chapter 241, Laws of Utah
1994)

63D-1-301, (Renumbered from 63A-6-302, as enacted by Chapter 189, Laws of Utah 1996)
63D-1-302, (Renumbered from 63A-6-304, as enacted by Chapter 189, Laws of Utah 1996)
63D-1-303, (Renumbered from 63A-6-303, as enacted by Chapter 189, Laws of Utah 1996)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63D-1-101 is enacted to read:
TITLE 63D. INFORMATION TECHNOLOGY
CHAPTER 1. INFORMATION TECHNOLOGY ACT
Part 1. General Provisions
63D-1-101. Title.
This title is known as "Information Technology."
Section 2. Section 63D-1-102 is enacted to read:
63D-1-102. Title.
This chapter is known as the "Information Technology Act."
Section 3. Section 63D-1-103 is enacted to read:
63D-1-103. Policy statement.
(1) The Legislature finds that universal citizen access to information and services is a state
public policy goal. This access should be facilitated through a seamless electronic network with
open, not proprietary, standards that is:
(a) vertically integrated between the local, state, and federal government entities; and
(b) horizontally integrated between all state government entities.
(2) It is the policy goal of this state that technology should be used to enhance the quality
of life for all Utahns by providing world-class education and life-long learning opportunities,
creating quality jobs and a favorable business climate, improving government, and fostering
self-reliance, while protecting community values. These public policy goals can be furthered by:
(a) provision of information and services by government entities in an electronic format;
(b) coordination of the development, interconnection, and maintenance of government
information technology systems and applications between government entities;
(c) initiating state policies and practices which encourage data exchange and systems

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interconnectivity among private enterprise, unless otherwise prohibited by statute;
(d) appropriate use of the state's collective bargaining power, rights-of-way, taxing
authority, and assets as incentives for the private sector to develop and provide information
technology services to citizens; and
(e) appropriate policies to protect security, privacy, and acceptable use of network services
and information.
Section 4. Section 63D-1-104, which is renumbered from Section 63A-6-301 is renumbered
and amended to read:
[63A-6-301]. 63D-1-104. Definitions.
As used in this [part] title:
(1) "Information systems" means a collection of people, procedures, and equipment
designed, built, operated, and maintained to collect, record, process, store, retrieve, and display
information.
(2) "Information technology" means all computerized and auxiliary automated information
handling, including:
(a) systems design and analysis;
(b) conversion of data;
(c) computer programming;
(d) information storage and retrieval;
(e) voice, radio, video, and data communications;
(f) requisite systems controls;
(g) simulation; and
(h) all related interactions between people and machines.
(3) "State agency" means every agency or administrative subunit of state government except:
(a) the legislative and judicial branches;
(b) the State Board of Education;
(c) the Board of Regents; and
(d) institutions of higher education.

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(4) "Telecommunications" means the transmission or reception of signs, signals, writing,
images, sounds, messages, data, or other information of any nature by wire, radio, light waves, or
other electromagnetic means.
Section 5. Section 63D-1-201, which is renumbered from Section 63C-2-101 is renumbered
and amended to read:
Part 2. Information Technology Commission
[63C-2-101]. 63D-1-201. Title.
This [chapter] part is known as the "Utah Information Technology Commission Act."
Section 6. Section 63D-1-202, which is renumbered from Section 63C-2-102 is renumbered
and amended to read:
[63C-2-102]. 63D-1-202. Creation -- Membership -- Appointment.
(1) There is created an independent commission to be known as the "Utah Information
Technology Commission."
(2) The commission shall be composed of up to 21 members appointed as follows:
(a) three members of the House of Representatives, appointed by the speaker of the House,
not more than two of whom shall be from the same political party;
(b) three members of the Senate, appointed by the president of the Senate, not more than
two of whom shall be from the same political party;
(c) two members, one of which shall be the chief information officer, appointed by the
governor in consultation with the president of the Senate and the speaker of the House;
(d) one member appointed by the Judicial Council;
(e) one member appointed by the State Board of Education;
(f) one member appointed by the State Board of Regents;
(g) one member appointed by the Public Service Commission; and
(h) up to nine members of the public selected by the [seven] nine members appointed in
Subsections (a), (b), (c), and (d), and with the approval of the president of the Senate and the speaker
of the House.
(3) The members selected in Subsection (2)(h) shall represent, in the judgment of the

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selecting members, the principal interests of:
(a) providers, developers, and consumers of information technology products and services;
(b) local government; and
(c) the general public.
(4) The speaker of the House and president of the Senate shall each [select one of the
members chosen by him to be a cochair] appoint a legislator to serve as a cochair of the commission.
Section 7. Section 63D-1-203, which is renumbered from Section 63C-2-103 is renumbered
and amended to read:
[63C-2-103]. 63D-1-203. Terms of members -- Vacancies -- Term limitation.
(1) (a) Except as required by [Subsection] Subsections (1) (b) and (2), as terms of current
commission members expire, the [governor] speaker of the House and the president of the Senate
shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the [governor] speaker of the House
and the president of the Senate shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of commission members are staggered so that approximately half
of the commission is appointed every two years.
(c) Terms shall expire on June 30 every two years.
(2) (a) The chairs, with the approval of the commission, may remove a commission member
and appoint another to fill the vacancy if the commission member, other than a legislator:
(i) has more than two consecutive unexcused absences from commission meetings in a
12-month period;
(ii) fails or refuses to fulfill the responsibilities and duties of a commission member; or
(iii) no longer represents the interest for which the member was originally appointed.
(b) If a member no longer serves in the Legislature, a vacancy is created.
[(2)] (c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment.
[(3) A member of the House or Senate who leaves office before the four-year term has
expired shall be replaced by their appointing authority.]

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[(4)] (3) A member may not serve more than two consecutive terms.
Section 8. Section 63D-1-204, which is renumbered from Section 63C-2-104 is renumbered
and amended to read:
[63C-2-104]. 63D-1-204. Purpose -- Duties -- Quorum.
(1) The commission shall:
(a) study Utah's present and future information technology needs;
(b) make recommendations regarding the coordination and governance of the information
technology needs for the Executive, Legislative, and Judicial Departments;
(c) solicit and consider recommendations made by the governor, Judiciary, Legislature, and
the public regarding information technology;
(d) consider the scope of the Public Service Commission's authority to regulate information
technology;
(e) consider issues of economic development with regard to information technology;
(f) (i) receive reports [from the Executive, Judicial, and Legislative Departments] concerning
expenditures for information technology and appropriation requests[, and] from:
(A) the Executive Department as provided in Subsections 63-38-2(7)(a)(i) and Section
63D-3-301; and
(B) the Judicial and Legislative Departments; and
(ii) make recommendations to Executive Appropriations and the appropriate appropriations
subcommittees of the Legislature;
(g) review, analyze, and study any issue concerning or related to information technology or
practice that is of interest to the commission; [and]
(h) submit to the Legislature before the annual general session its reports and
recommendations for information technology projects or legislation; and
[(h)] (i) if needed, prepare legislation concerning information technology for submission to
the Legislature in its annual general session.
(2) Eleven members shall be a quorum for the conduct of business.
(3) The commission is authorized to prepare, publish, and distribute reports of its studies,

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recommendations, and statements.
Section 9. Section 63D-1-205, which is renumbered from Section 63C-2-105 is renumbered
and amended to read:
[63C-2-105]. 63D-1-205. Compensation of members -- Reports to the
Legislature -- Publication of reports.
(1) (a) [(i)] Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
[(ii)] (b) Members may decline to receive per diem and expenses for their service.
[(b) (i)] (2) (a) State government officer and employee members who do not receive salary,
per diem, or expenses from their agency for their service may receive per diem and expenses
incurred in the performance of their official duties from the commission at the rates established by
the Division of Finance under Sections 63A-3-106 and 63A-3-107.
[(ii)] (b) State government officer and employee members may decline to receive per diem
and expenses for their service.
[(c)] (3) Legislators on the committee shall receive compensation and expenses as provided
by law and legislative rule.
[(d) (i)] (4) (a) Higher education members who do not receive salary, per diem, or expenses
from the entity that they represent for their service may receive per diem and expenses incurred in
the performance of their official duties from the committee at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
[(ii)] (b) Higher education members may decline to receive per diem and expenses for their
service.
[(2) The commission shall submit to the Legislature before the annual general session its
reports and recommendations for information technology projects or legislation.]
[(3) The commission is authorized to prepare, publish, and distribute from time to time
reports of its studies, recommendations, and statements.]

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Section 10. Section 63D-1-206, which is renumbered from Section 63C-2-106 is renumbered
and amended to read:
[63C-2-106]. 63D-1-206. Staffing.
The Office of Legislative Research and General Counsel shall provide staffing for the
commission. The commission chairs shall, in consultation with the director of the Office of
Legislative Research and General Counsel select an executive director.
Section 11. Section 63D-1-301, which is renumbered from Section 63A-6-302 is renumbered
and amended to read:
Part 3. Chief Information Officer
[63A-6-302]. 63D-1-301. Chief information officer -- Duties.
(1) (a) The governor shall appoint a chief information officer who shall be located within
the Governor's Office of Planning and Budget, unless otherwise determined by the governor.
(b) The chief information officer's authority as defined in this section applies to all state
agencies.
(2) The chief information officer shall:
(a) develop specific information technology objectives, policies, procedures, and standards
to guide the development of information systems within state government to achieve maximum
economy and quality while preserving optimum user flexibility, including:
(i) policies, standards, and procedures for appropriate interchange of information, optimum
service, and minimum costs;
(ii) policies for costing all information technology services performed by any state
information technology cost recovery center so that every cost recovery center charges its users a
rate for services that is both equitable and sufficient to recover all the costs of its operation, including
the cost of capital equipment and facilities;
(iii) policies governing coordination, cooperation, joint efforts, working relationships, and
cost accounting relative to the development and maintenance of information technology and
information systems; and
(iv) policies to ensure the protection of individual privacy and guarantee the exclusive

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control to a user of its own data;
(b) coordinate the preparation of agency information technology plans within state
government, encompassing both short-term and long-term needs that support the agency's and the
state's strategic plans, including Utah Tomorrow;
(c) require each state agency to submit semiannually an agency information technology plan
containing the information required by Subsection (4) before the legislative session in which the
budget request will be heard and no later than the June 15 after the legislative session in which the
budget request was authorized to the chief information officer;
(d) upon receipt of a state agency's information technology plan:
(i) provide a complete copy of that plan to the director of the Division of Information
Technology Services;
(ii) review and approve or disapprove agency information technology plans to ensure that
these plans are the most economically viable and are the best solution to the agency's needs and the
state's needs;
(iii) approve or disapprove of and coordinate the acquisition of information technology
equipment, telecommunications equipment, and related services for all agencies of state government;
(e) facilitate the implementation of agency plans;
(f) establish priorities in terms of both importance and time sequencing for the development
and implementation of information systems;
(g) monitor information systems development to promote maximum use of existing state
information resources;
(h) advise the governor on information technology policy and make recommendations to the
governor regarding requests for appropriations for information technology equipment and personnel;
(i) maintain liaison with the legislative and judicial branches, the Board of Regents, the State
Board of Education, local government, federal government, business and industry, and consumers
to promote cooperation and make recommendations regarding information resources;
(j) conduct performance audits of state information technology [resources in accordance with
generally accepted auditing standards promulgated by the Institute of Internal Auditors and

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according to the generally accepted auditing standards contained in the Comptroller of the United
States' "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions"]
management, planning, and the use of information technology resources and distribute copies of the
audit reports as provided in Subsection (4); and
(k) prepare an annual report to the governor and to the Legislature's Information Technology
Commission that:
(i) summarizes the state's current and projected use of information technology; and
(ii) includes a description of major changes in state policy and a brief description of each
state agency's plan.
(3) Each state agency information technology plan shall include information about planned
information technology objectives and expenditures for the next year in the level of detail and format
specified by the chief information officer.
(4) (a) Upon completion of an audit report produced under authority of Subsection (2)(j),
the chief information officer shall:
(i) provide copies of all audit reports to:
(A) the agency audited;
(B) the governor;
(C) the Office of Legislative Fiscal Analyst; and
(D) the Information Technology Commission; and
(ii) present the performance audit findings to the Information Technology Policy and
Strategy Committee at their next meeting.
(b) Each state agency shall provide the chief information officer with complete access to all
information technology records, documents, and reports, including electronic, analog, or digital,
when requested for the purpose of a performance audit.
(5) The rate for services established by an information technology cost recovery center, and
reviewed by the chief information officer, may be lowered if the Legislature appropriates monies to
the cost recovery center for the specific purpose of lowering rates.
Section 12. Section 63D-1-302, which is renumbered from Section 63A-6-304 is renumbered

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and amended to read:
[63A-6-304]. 63D-1-302. Information Technology Policy and Strategy
Committee -- Membership -- Chair -- Duties.
(1) (a) The chief information officer shall create an Information Technology Policy and
Strategy Committee composed of:
(i) one representative [from each of the following that choose to participate] as follows:
[(i)] (A) each executive branch agency, appointed by the director of that agency;
[(ii)] (B) the legislative branch, appointed by the Information Technology Commission;
[(iii)] (C) the judicial branch, appointed by the judicial council;
[(iv)] (D) cities, appointed by the Utah League of Cities and Towns;
[(v)] (E) counties, appointed by the Utah Association of Counties;
[(vi)] (F) the federal government, appointed by the chief information officer;
[(vii)] (G) public education, appointed by the Board of Education; and
[(viii)] (H) higher education, appointed by the Board of Regents; and
(ii) the members of the executive committee as provided in Section 63D-1-303.
(b) The representatives of the executive branch shall be the only voting members on policies
binding the executive branch.
(c) No action taken by this committee shall be binding upon any other branch of
government, but shall be considered a recommendation for coordination purposes.
(2) The Information Technology Policy and Strategy Committee shall:
(a) be directed by the executive committee as provided in Section [63A-6-303] 63D-1-303;
(b) evaluate and approve or disapprove recommended information technology policies,
procedures, and standards to govern the operation of information technology in the executive branch;
(c) act as a high-level forum for information technology issues;
(d) act as an advisory committee for the chief information officer, Division of Information
Technology Services, and state agencies; and
(e) create, and receive recommendations from, multiagency work groups on specific
information technology issues.

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(3) The chief information officer shall:
(a) be the chair; and
(b) at the request of the Information Technology Commission, report on the approval or
disapproval of operational policy recommendations relating to information technology made by the
Information Technology Policy and Strategy Committee.
(4) Executive branch agencies shall comply with the policies, procedures, and standards
established by the chief information officer and approved by the Information Technology Policy and
Strategy Committee under this part.
Section 13. Section 63D-1-303, which is renumbered from Section 63A-6-303 is renumbered
and amended to read:
[63A-6-303]. 63D-1-303. Executive committee -- Membership -- Chair -- Duties.
(1) There is created an executive committee of the Information Technology Policy and
Strategy Committee to determine the information policies, procedures, and standards to be reviewed
by the Information Technology Policy and Strategy Committee established in Section [63A-6-304]
63D-1-302.
(2) The executive committee is composed of:
(a) the chief information officer;
(b) the deputy for policy of the governor's office;
(c) the director of the Governor's Office of Planning and Budget;
(d) the director of the Division of Information Technology Services;
(e) the executive director of the Department of Administrative Services;
(f) the chair of the Public Service Commission;
(g) the director of the Utah Education Network Steering Committee; and
(h) if the judicial branch or legislative branch choose to participate as follows:
(i) one representative from the judicial branch, appointed by the Judicial Council; and
(ii) one representative from the legislative branch, appointed by the Information Technology
Commission with the approval of the president of the Senate and the speaker of the House.
(3) The representatives in Subsections (f) through (h) shall be nonvoting members of the

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committee.
(4) The chief information officer shall be the chair.
Section 14. Coordination clause.
If this bill and H.B. 12, Boards and Commissions Amendments, both pass, it is the intent of
the Legislature that the amendments in Section 63D-1-203 in this bill supersede the amendments to
Section 63C-2-103 in H.B. 12.

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