H.B. 170 Enrolled

INFORMATION TECHNOLOGY RESTRUCTURING
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO STATE AFFAIRS AND INFORMATION TECHNOLOGY;
DIRECTING THE DIRECTOR OF INFORMATION TECHNOLOGY SERVICES TO
REPORT SEMIANNUALLY TO THE CHIEF INFORMATION OFFICER; CREATING THE
RATE COMMITTEE BY STATUTE; AND DIRECTING THE CHIEF INFORMATION
OFFICER TO RECEIVE THE DIRECTOR'S REPORTS AND TO APPROVE OR
DISAPPROVE CERTAIN PLANS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63A-6-105, as renumbered and amended by Chapter 212, Laws of Utah 1993
63D-1-301.5, as enacted by Chapter 364, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-6-105 is amended to read:
63A-6-105. Duties of director -- Rate Committee membership and duties.
(1) The director of the Division of Information Technology Services shall:
(a) manage the delivery of efficient and cost-effective data processing and
telecommunication services for all state agencies at the lowest practical cost; [and]
(b) provide priority service to public safety agencies[.]; and
(c) provide a semiannual report to the chief information officer as provided in Subsection
63D-1-301.5 (5).
(2) The director may negotiate the purchase, lease, or rental of private or public data
processing or telecommunication services or facilities.
(3) Where practical, efficient, and economically beneficial, the director shall use existing
private and public data processing or telecommunication resources.
(4) The director shall prescribe a schedule of fees to be charged for all services rendered
to any state agency by the division that are equitable and sufficient to recover all the costs of

operation, including the cost of capital equipment and facilities.
(5) (a) The director shall provide the [state] chief information [technology coordinator]
officer and the state information technology review committee a written analysis of each state
agency's annual information technology plan.
(b) That analysis shall:
(i) include an assessment of how the implementation of each plan will affect the costs,
operations, and the services of the Division of Information Technology Services and state
government; and
(ii) where appropriate, make alternative recommendations.
(6) (a) Before charging the fees, the director shall obtain approval of the fee schedules from
the Rate Committee which shall consist of:
(i) the executive director;
(ii) the director of the Division of Finance;
(iii) the director of the Office of Planning and Budget; [and]
(iv) the [state] chief information [technology coordinator.] officer;
(v) a representative of the agencies nominated by the Information Technology Policy and
Strategy Committee established in Section 63D-1-302 ; and
(vi) a representative of the agencies administrative services managers nominated by the
agencies administrative services managers coordination group.
(b) In appointing the agency representatives listed in Subsection (6)(a)(v) and (vi), the Rate
Committee shall appoint:
(i) one representative from a large agency and one representative from a small agency; and
(ii) the representatives to four-year terms of office, except that initially one of the
appointments shall be for a two-year term in order to stagger the appointments.
(c) In the event of a vacancy for any reason, the entity responsible for nominating the person
who is vacating the position shall provide new nominations to the Rate Committee to fill the
unexpired term.
[(b)] (d) When modifying fees, the director shall attempt to provide sufficient notice to

agencies and institutions so that they may reflect those fee changes in their budgets.
(7) (a) The director shall create advisory committees composed of representatives of user
agencies.
(b) Those advisory committees may recommend policies and practices for the efficient and
effective operation of the division.
(8) (a) The director shall create a Local Government Information Technology Review
Committee whose membership shall include representatives from:
(i) the Chief of Police Association;
(ii) the Sheriff's Association;
(iii) the Associated Public Safety Communications Officers;
(iv) the Fire Chief Association; and
(v) the State School Bus Association.
(b) Representatives from additional agencies may be added upon a majority vote of the
existing committee members.
Section 2. Section 63D-1-301.5 is amended 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
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
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.
(5) (a) The chief information officer shall receive reports from the director of the Division

of Information Technology Services regarding the division's:
(i) budget;
(ii) strategic plans, including services the division is or plans to offer agencies;
(iii) major expenditure plans; and
(iv) any other items determined jointly by the executive director and the chief information
officer.
(b) The chief information officer shall have authority to approve or disapprove any of the
items listed in Subsection (5)(a).