S.B. 94

1

INFORMATION TECHNOLOGY AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO INFORMATION TECHNOLOGY; ESTABLISHING A PUBLIC
6 POLICY STATEMENT; RENUMBERING AND AMENDING SECTIONS RELATING TO
7 THE INFORMATION TECHNOLOGY COMMISSION AND THE CHIEF INFORMATION
8 OFFICER; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 63D-1-101, Utah Code Annotated 1953
12 63D-1-102, Utah Code Annotated 1953
13 63D-1-103, Utah Code Annotated 1953
14 RENUMBERS AND AMENDS:
15 63D-1-104, (Renumbered from 63A-6-301, as last amended by Chapter 189, Laws of Utah
16 1996)
17 63D-1-201, (Renumbered from 63C-2-101, as enacted by Chapter 241, Laws of Utah 1994)
18 63D-1-202, (Renumbered from 63C-2-102, as last amended by Chapter 210, Laws of Utah
19 1995)
20 63D-1-203, (Renumbered from 63C-2-103, as last amended by Chapter 243, Laws of Utah
21 1996)
22 63D-1-204, (Renumbered from 63C-2-104, as last amended by Chapter 210, Laws of Utah
23 1995)
24 63D-1-205, (Renumbered from 63C-2-105, as last amended by Chapter 243, Laws of Utah
25 1996)
26 63D-1-206, (Renumbered from 63C-2-106, as enacted by Chapter 241, Laws of Utah 1994)
27 63D-1-301, (Renumbered from 63A-6-302, as enacted by Chapter 189, Laws of Utah 1996)

1 63D-1-302, (Renumbered from 63A-6-304, as enacted by Chapter 189, Laws of Utah 1996)
2 63D-1-303, (Renumbered from 63A-6-303, as enacted by Chapter 189, Laws of Utah 1996)
3 Be it enacted by the Legislature of the state of Utah:
4 Section 1. Section 63D-1-101 is enacted to read:
5 TITLE 63D. INFORMATION TECHNOLOGY
6 CHAPTER 1. INFORMATION TECHNOLOGY ACT
7 Part 1. General Provisions
8 63D-1-101. Title.
9 This title is known as "Information Technology."
10 Section 2. Section 63D-1-102 is enacted to read:
11 63D-1-102. Title.
12 This chapter is known as the "Information Technology Act."
13 Section 3. Section 63D-1-103 is enacted to read:
14 63D-1-103. Policy statement.
15 (1) The Legislature finds that universal citizen access to information and services is a state
16 public policy goal. This access should be facilitated through a seamless electronic network with
17 open, not proprietary, standards that is:
18 (a) vertically integrated between the local, state, and federal government entities; and
19 (b) horizontally integrated between all state government entities.
20 (2) It is the policy goal of this state that technology should be used to enhance the quality
21 of life for all Utahns by providing world-class education and life-long learning opportunities,
22 creating quality jobs and a favorable business climate, improving government, and fostering
23 self-reliance, while protecting community values. These public policy goals can be furthered by:
24 (a) provision of information and services by government entities in an electronic format;
25 (b) coordination of the development, interconnection, and maintenance of government
26 information technology systems and applications between government entities;
27 (c) initiating state policies and practices which encourage data exchange and systems
28 interconnectivity among private enterprise, unless otherwise prohibited by statute;
29 (d) appropriate use of the state's collective bargaining power, rights-of-way, taxing
30 authority, and assets as incentives for the private sector to develop and provide information
31 technology services to citizens; and

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1 (e) appropriate policies to protect security, privacy, and acceptable use of network services
2 and information.
3 Section 4. Section 63D-1-104, which is renumbered from Section 63A-6-301 is
4 renumbered and amended to read:
5 [63A-6-301]. 63D-1-104. Definitions.
6 As used in this [part] title:
7 (1) "Information systems" means a collection of people, procedures, and equipment
8 designed, built, operated, and maintained to collect, record, process, store, retrieve, and display
9 information.
10 (2) "Information technology" means all computerized and auxiliary automated information
11 handling, including:
12 (a) systems design and analysis;
13 (b) conversion of data;
14 (c) computer programming;
15 (d) information storage and retrieval;
16 (e) voice, radio, video, and data communications;
17 (f) requisite systems controls;
18 (g) simulation; and
19 (h) all related interactions between people and machines.
20 (3) "State agency" means every agency or administrative subunit of state government
21 except:
22 (a) the legislative and judicial branches;
23 (b) the State Board of Education;
24 (c) the Board of Regents; and
25 (d) institutions of higher education.
26 (4) "Telecommunications" means the transmission or reception of signs, signals, writing,
27 images, sounds, messages, data, or other information of any nature by wire, radio, light waves, or
28 other electromagnetic means.
29 Section 5. Section 63D-1-201, which is renumbered from Section 63C-2-101 is
30 renumbered and amended to read:
31 Part 2. Information Technology Commission

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1 [63C-2-101]. 63D-1-201. Title.
2 This [chapter] part is known as the "Utah Information Technology Commission Act."
3 Section 6. Section 63D-1-202, which is renumbered from Section 63C-2-102 is
4 renumbered and amended to read:
5 [63C-2-102]. 63D-1-202. Creation -- Membership -- Appointment.
6 (1) There is created an independent commission to be known as the "Utah Information
7 Technology Commission."
8 (2) The commission shall be composed of up to 21 members appointed as follows:
9 (a) three members of the House of Representatives, appointed by the speaker of the House,
10 not more than two of whom shall be from the same political party;
11 (b) three members of the Senate, appointed by the president of the Senate, not more than
12 two of whom shall be from the same political party;
13 (c) two members, one of which shall be the chief information officer, appointed by the
14 governor in consultation with the president of the Senate and the speaker of the House;
15 (d) one member appointed by the Judicial Council;
16 (e) one member appointed by the State Board of Education;
17 (f) one member appointed by the State Board of Regents;
18 (g) one member appointed by the Public Service Commission; and
19 (h) up to nine members of the public selected by the [seven] nine members appointed in
20 Subsections (a), (b), (c), and (d), and with the approval of the president of the Senate and the
21 speaker of the House.
22 (3) The members selected in Subsection (2)(h) shall represent, in the judgment of the
23 selecting members, the principal interests of:
24 (a) providers, developers, and consumers of information technology products and services;
25 (b) local government; and
26 (c) the general public.
27 (4) The speaker of the House and president of the Senate shall each [select one of the
28 members chosen by him to be a cochair] appoint a legislator to serve as a cochair of the
29 commission.
30 Section 7. Section 63D-1-203, which is renumbered from Section 63C-2-103 is
31 renumbered and amended to read:

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1 [63C-2-103]. 63D-1-203. Terms of members -- Vacancies -- Term limitation.
2 (1) (a) Except as required by [Subsection] Subsections (1) (b) and (2), as terms of current
3 commission members expire, the [governor] speaker of the House and the president of the Senate
4 shall appoint each new member or reappointed member to a four-year term.
5 (b) Notwithstanding the requirements of Subsection (a), the [governor] speaker of the
6 House and the president of the Senate shall, at the time of appointment or reappointment, adjust
7 the length of terms to ensure that the terms of commission members are staggered so that
8 approximately half of the commission is appointed every two years.
9 (c) Terms shall expire on June 30 every two years.
10 (2) (a) The chairs, with the approval of the commission, may remove a commission
11 member and appoint another to fill the vacancy if the commission member, other than a legislator:
12 (i) has more than two consecutive unexcused absences from commission meetings in a
13 12-month period;
14 (ii) fails or refuses to fulfill the responsibilities and duties of a commission member; or
15 (iii) no longer represents the interest for which the member was originally appointed.
16 (b) If a member no longer serves in the Legislature, a vacancy is created.
17 [(2)] (c) When a vacancy occurs in the membership for any reason, the replacement shall
18 be appointed for the unexpired term in the same manner as the original appointment.
19 [(3) A member of the House or Senate who leaves office before the four-year term has
20 expired shall be replaced by their appointing authority.]
21 [(4)] (3) A member may not serve more than two consecutive terms.
22 Section 8. Section 63D-1-204, which is renumbered from Section 63C-2-104 is
23 renumbered and amended to read:
24 [63C-2-104]. 63D-1-204. Purpose -- Duties -- Quorum.
25 (1) The commission shall:
26 (a) study Utah's present and future information technology needs;
27 (b) make recommendations regarding the coordination and governance of the information
28 technology needs for the Executive, Legislative, and Judicial Departments;
29 (c) solicit and consider recommendations made by the governor, Judiciary, Legislature,
30 and the public regarding information technology;
31 (d) consider the scope of the Public Service Commission's authority to regulate

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1 information technology;
2 (e) consider issues of economic development with regard to information technology;
3 (f) (i) receive reports [from the Executive, Judicial, and Legislative Departments]
4 concerning expenditures for information technology and appropriation requests[, and] from:
5 (A) the Executive Department as provided in Subsections 63-38-2(7)(a)(i) and Section
6 63D-3-301; and
7 (B) the Judicial and Legislative Departments; and
8 (ii) make recommendations to Executive Appropriations and the appropriate
9 appropriations subcommittees of the Legislature;
10 (g) review, analyze, and study any issue concerning or related to information technology
11 or practice that is of interest to the commission; [and]
12 (h) submit to the Legislature before the annual general session its reports and
13 recommendations for information technology projects or legislation; and
14 [(h)] (i) if needed, prepare legislation concerning information technology for submission
15 to the Legislature in its annual general session.
16 (2) Eleven members shall be a quorum for the conduct of business.
17 (3) The commission is authorized to prepare, publish, and distribute reports of its studies,
18 recommendations, and statements.
19 Section 9. Section 63D-1-205, which is renumbered from Section 63C-2-105 is
20 renumbered and amended to read:
21 [63C-2-105]. 63D-1-205. Compensation of members -- Reports to the
22 Legislature -- Publication of reports.
23 (1) (a) [(i)] Members who are not government employees shall receive no compensation
24 or benefits for their services, but may receive per diem and expenses incurred in the performance
25 of the member's official duties at the rates established by the Division of Finance under Sections
26 63A-3-106 and 63A-3-107.
27 [(ii)] (b) Members may decline to receive per diem and expenses for their service.
28 [(b) (i)] (2) (a) State government officer and employee members who do not receive salary,
29 per diem, or expenses from their agency for their service may receive per diem and expenses
30 incurred in the performance of their official duties from the commission at the rates established
31 by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

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1 [(ii)] (b) State government officer and employee members may decline to receive per diem
2 and expenses for their service.
3 [(c)] (3) Legislators on the committee shall receive compensation and expenses as
4 provided by law and legislative rule.
5 [(d) (i)] (4) (a) Higher education members who do not receive salary, per diem, or
6 expenses from the entity that they represent for their service may receive per diem and expenses
7 incurred in the performance of their official duties from the committee at the rates established by
8 the Division of Finance under Sections 63A-3-106 and 63A-3-107.
9 [(ii)] (b) Higher education members may decline to receive per diem and expenses for their
10 service.
11 [(2) The commission shall submit to the Legislature before the annual general session its
12 reports and recommendations for information technology projects or legislation.]
13 [(3) The commission is authorized to prepare, publish, and distribute from time to time
14 reports of its studies, recommendations, and statements.]
15 Section 10. Section 63D-1-206, which is renumbered from Section 63C-2-106 is
16 renumbered and amended to read:
17 [63C-2-106]. 63D-1-206. Staffing.
18 The Office of Legislative Research and General Counsel shall provide staffing for the
19 commission. The commission chairs shall, in consultation with the director of the Office of
20 Legislative Research and General Counsel select an executive director.
21 Section 11. Section 63D-1-301, which is renumbered from Section 63A-6-302 is
22 renumbered and amended to read:
23 Part 3. Chief Information Officer
24 [63A-6-302]. 63D-1-301. Chief information officer -- Duties.
25 (1) (a) The governor shall appoint a chief information officer who shall be located within
26 the Governor's Office of Planning and Budget, unless otherwise determined by the governor.
27 (b) The chief information officer's authority as defined in this section applies to all state
28 agencies.
29 (2) The chief information officer shall:
30 (a) develop specific information technology objectives, policies, procedures, and standards
31 to guide the development of information systems within state government to achieve maximum

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1 economy and quality while preserving optimum user flexibility, including:
2 (i) standards and procedures for appropriate interchange of information, optimum service,
3 and minimum costs;
4 (ii) policies for costing all information technology services performed by any state
5 information technology cost recovery center so that every cost recovery center charges its users
6 a rate for services that is both equitable and sufficient to recover all the costs of its operation,
7 including the cost of capital equipment and facilities;
8 (iii) policies governing coordination, cooperation, joint efforts, working relationships, and
9 cost accounting relative to the development and maintenance of information technology and
10 information systems; and
11 (iv) policies to ensure the protection of individual privacy and guarantee the exclusive
12 control to a user of its own data;
13 (b) coordinate the preparation of agency information technology plans within state
14 government, encompassing both short-term and long-term needs;
15 (c) require each state agency to submit semiannually an agency information technology
16 plan containing the information required by Subsection (4) before the legislative session in which
17 the budget request will be heard and no later than the June 15 after the legislative session in which
18 the budget request was authorized to the chief information officer;
19 (d) upon receipt of a state agency's information technology plan:
20 (i) provide a complete copy of that plan to the director of the Division of Information
21 Technology Services;
22 (ii) review and approve or disapprove agency information technology plans to ensure that
23 these plans are the most economically viable and are the best solution to the agency's needs and
24 the state's needs;
25 (iii) approve or disapprove of and coordinate the acquisition of information technology
26 equipment, telecommunications equipment, and related services for all agencies of state
27 government;
28 (e) facilitate the implementation of agency plans;
29 (f) establish priorities in terms of both importance and time sequencing for the
30 development and implementation of information systems;
31 (g) monitor information systems development to promote maximum use of existing state

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1 information resources;
2 (h) advise the governor on information technology policy and make recommendations to
3 the governor regarding requests for appropriations for information technology equipment and
4 personnel;
5 (i) maintain liaison with the legislative and judicial branches, the Board of Regents, the
6 State Board of Education, local government, federal government, business and industry, and
7 consumers to promote cooperation and make recommendations regarding information resources;
8 (j) conduct performance audits of state information technology resources in accordance
9 with generally accepted auditing standards promulgated by the Institute of Internal Auditors and
10 according to the generally accepted auditing standards contained in the Comptroller of the United
11 States' "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions"
12 and distribute copies of the audit reports as provided in Subsection (4); and
13 (k) prepare an annual report to the governor and to the Legislature's Information
14 Technology Commission that:
15 (i) summarizes the state's current and projected use of information technology; and
16 (ii) includes a description of major changes in state policy and a brief description of each
17 state agency's plan.
18 (3) Each state agency information technology plan shall include information about planned
19 information technology objectives and expenditures for the next year in the level of detail and
20 format specified by the chief information officer.
21 (4) (a) Upon completion of an audit report produced under authority of Subsection (2)(j),
22 the chief information officer shall:
23 (i) provide copies of all audit reports to:
24 (A) the agency audited;
25 (B) the governor;
26 (C) the Office of Legislative Fiscal Analyst; and
27 (D) the Information Technology Commission; and
28 (ii) present the performance audit findings to the Information Technology Policy and
29 Strategy Committee at their next meeting.
30 (b) Each state agency shall provide the chief information officer with complete access to
31 all information technology records, documents, and reports, including electronic, analog, or digital,

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1 when requested for the purpose of a performance audit.
2 (5) The rate for services established by an information technology cost recovery center,
3 and reviewed by the chief information officer, may be lowered if the Legislature appropriates
4 monies to the cost recovery center for the specific purpose of lowering rates.
5 Section 12. Section 63D-1-302, which is renumbered from Section 63A-6-304 is
6 renumbered and amended to read:
7 [63A-6-304]. 63D-1-302. Information Technology Policy and Strategy
8 Committee -- Membership -- Chair -- Duties.
9 (1) (a) The chief information officer shall create an Information Technology Policy and
10 Strategy Committee composed of:
11 (i) one representative [from each of the following that choose to participate] as follows:
12 [(i)] (A) each executive branch agency, appointed by the director of that agency;
13 [(ii)] (B) the legislative branch, appointed by the Information Technology Commission;
14 [(iii)] (C) the judicial branch, appointed by the judicial council;
15 [(iv)] (D) cities, appointed by the Utah League of Cities and Towns;
16 [(v)] (E) counties, appointed by the Utah Association of Counties;
17 [(vi)] (F) the federal government, appointed by the chief information officer;
18 [(vii)] (G) public education, appointed by the Board of Education; and
19 [(viii)] (H) higher education, appointed by the Board of Regents; and
20 (ii) the members of the executive committee as provided in Section 63D-1-303.
21 (b) The representatives of the executive branch shall be the only voting members on
22 policies binding the executive branch.
23 (c) No action taken by this committee shall be binding upon any other branch of
24 government, but shall be considered a recommendation for coordination purposes.
25 (2) The Information Technology Policy and Strategy Committee shall:
26 (a) be directed by the executive committee as provided in Section [63A-6-303] 63D-1-303;
27 (b) evaluate and approve or disapprove recommended information technology policies,
28 procedures, and standards to govern the operation of information technology in the executive
29 branch;
30 (c) act as a high-level forum for information technology issues;
31 (d) act as an advisory committee for the chief information officer, Division of Information

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1 Technology Services, and state agencies; and
2 (e) create, and receive recommendations from, multiagency work groups on specific
3 information technology issues.
4 (3) The chief information officer shall:
5 (a) be the chair; and
6 (b) at the request of the Information Technology Commission, report on the approval or
7 disapproval of operational policy recommendations relating to information technology made by
8 the Information Technology Policy and Strategy Committee.
9 (4) Executive branch agencies shall comply with the policies, procedures, and standards
10 established by the chief information officer and approved by the Information Technology Policy
11 and Strategy Committee under this part.
12 Section 13. Section 63D-1-303, which is renumbered from Section 63A-6-303 is
13 renumbered and amended to read:
14 [63A-6-303]. 63D-1-303. Executive committee -- Membership -- Chair --
15 Duties.
16 (1) There is created an executive committee of the Information Technology Policy and
17 Strategy Committee to determine the information policies, procedures, and standards to be
18 reviewed by the Information Technology Policy and Strategy Committee established in Section
19 [63A-6-304] 63D-1-302.
20 (2) The executive committee is composed of:
21 (a) the chief information officer;
22 (b) the deputy for policy of the governor's office;
23 (c) the director of the Governor's Office of Planning and Budget;
24 (d) the director of the Division of Information Technology Services;
25 (e) the executive director of the Department of Administrative Services;
26 (f) the chair of the Public Service Commission;
27 (g) the director of the Utah Education Network Steering Committee; and
28 (h) if the judicial branch or legislative branch choose to participate:
29 (i) one representative from the judicial branch, appointed by the judicial council; and
30 (ii) one representative from the legislative branch, appointed by the Information
31 Technology Commission.

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1 (3) The representatives in Subsections (f) through (h) shall be nonvoting members of the
2 committee.
3 (4) The chief information officer shall be the chair.




Legislative Review Note
as of 11-19-96 12:54 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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