H.B. 274 Enrolled

INFORMATION TECHNOLOGY STRUCTURE AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans
AN ACT RELATING TO INFORMATION TECHNOLOGY; DEFINING THE SELECTION
PROCESS FOR THE CHIEF INFORMATION OFFICER; REQUIRING AN INFORMATION
TECHNOLOGY STRUCTURE REPORT; ESTABLISHING A SALARY RANGE FOR THE
CHIEF INFORMATION OFFICER; AND SETTING A REPEAL DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63D-1-301, as renumbered and amended by Chapter 73, Laws of Utah 1997
67-22-2, as last amended by Chapters 82, 375 and 376, Laws of Utah 1997
ENACTS:
63D-1-301.5, Utah Code Annotated 1953
63D-1-301.6, Utah Code Annotated 1953
63-55b-6301, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-55b-6301 is enacted to read:
63-55b-6301. Repeal date -- Title 63D.
Section 63D-1-301.6 is repealed January 1, 1999.
Section 2. Section 63D-1-301 is amended to read:
63D-1-301. Chief information officer -- Appointment -- Salary.
(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.]:
(a) appoint a chief information officer with the advice and consent of the Senate; and
(b) establish the chief information officer's salary within the salary range fixed by the
Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The chief information officer shall serve at the pleasure of the governor and be housed

in the Office of Planning and Budget.
[(b)] (3) The chief information officer's authority as defined in [this] Section 63D-1-301.5
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
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;]

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[(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 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.]

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[(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 3. Section 63D-1-301.5 is enacted to read:
63D-1-301.5. Chief information officer -- Duties.
(1) 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

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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
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 (2) 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

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to promote cooperation and make recommendations regarding information resources;
(j) conduct performance audits of state information technology management, planning, and
the use of information technology resources and distribute copies of the audit reports as provided
in Subsection (3); and
(k) prepare an annual report to the governor and to the Legislature's Public Utilities and
Technology Interim Committee and the 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.
(2) 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.
(3) (a) Upon completion of an audit report produced under authority of Subsection (1)(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;
(D) the Public Utilities and Technology Interim Committee; and
(E) 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.
(4) 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.

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Section 4. Section 63D-1-301.6 is enacted to read:
63D-1-301.6. Information technology organization structure report.
The chief information officer shall:
(1) review existing information technology organizational structure within the state for the
purpose of reorganization;
(2) prepare a report describing the existing information technology organizational structure
and any proposed changes to that structure; and
(3) report to the Legislature's Public Utilities and Technology Interim Committee and to the
Information Technology Commission on or before August 19, 1998.
Section 5. Section 67-22-2 is amended to read:
67-22-2. Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the following
salary ranges fixed by the Legislature:
State Officer Salary Range
Director, Health Policy Commission $52,500 - $71,100
Commissioner of Agriculture and Food $56,200 - $76,200
Commissioner of Insurance $56,200 - $76,200
Commissioner of the Labor Commission $56,200 - $76,200
Director, Alcoholic Beverage Control
Commission $56,200 - $76,200
Commissioner, Department of
Financial Institutions $56,200 - $76,200
Members, Board of Pardons and Parole $56,200 - $76,200
Executive Director, Department
of Commerce $56,200 - $76,200
Executive Director, Commission on
Criminal and Juvenile Justice $56,200 - $76,200
Adjutant General $56,200 - $76,200

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Chair, Tax Commission $60,900 - $82,200
Commissioners, Tax Commission $60,900 - $82,200
Executive Director, Department of
Community and Economic
Development $60,900 - $82,200
Executive Director, Tax Commission $60,900 - $82,200
Chair, Public Service Commission $60,900 - $82,200
Commissioner, Public Service Commission $60,900 - $82,200
Executive Director, Department
of Corrections $66,300 - $89,500
Commissioner, Department of Public Safety $66,300 - $89,500
Executive Director, Department of
Natural Resources $66,300 - $89,500
Director, Office of Planning
and Budget $66,300 - $89,500
Executive Director, Department of
Administrative Services $66,300 - $89,500
Executive Director, Department of
Human Resource Management $66,300 - $89,500
Executive Director, Department of
Environmental Quality $66,300 - $89,500
Executive Director, Department of $72,100 - $97,500
Workforce Services
Executive Director, Department of
Health $72,100 - $97,500
Executive Director, Department
of Human Services $72,100 - $97,500
Executive Director, Department

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of Transportation $72,100 - $97,500
Chief Information Officer $72,100 - $97,500
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49 or in a
deferred compensation plan administered by the State Retirement Office in accordance with the
Internal Revenue Code and its accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays granted
to Schedule B state employees, and the same annual leave granted to Schedule B state employees
with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as provided
by law or rule upon resignation or retirement according to the same criteria and procedures applied
to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according to
the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its executive

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director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and personal
use;
(b) for the executive director of the Department of Transportation a vehicle for commute and
official use;
(c) for the executive director of the Department of Natural Resources a vehicle for commute
and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and official
use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed in
Subsection (1), and, within that discretion, may provide salary increases within the range fixed by
the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA exempt
positions.
(c) The governor may develop standards and criteria for reviewing the performance of the
state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15, which are not
provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary Act, shall
be established as provided in Section 67-19-15.

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