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S.B. 77 Enrolled
AN ACT RELATING TO THE CHIEF INFORMATION OFFICER; PRESCRIBING
RESPONSIBILITY FOR COORDINATION OF THE DEVELOPMENT OF ELECTRONIC
AUTHENTICATION METHODS AND TECHNOLOGY TO FACILITATE ELECTRONIC
TRANSACTIONS BETWEEN GOVERNMENT AND CITIZENS OR BUSINESS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63D-1-301.5, as last amended by Chapters 18 and 307, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. 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; and
(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);
(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;
(l) inform each state entity of the requirements of Section 63D-1-105 ; [
(m) as permitted by law, coordinate the efforts of state government to provide services and
transactions through the Internet[
(n) coordinate the development of electronic authentication methods and technology needed
to conduct electronic transactions between government and citizens or businesses, except that the
Division of Corporations and Commercial Code shall have responsibility for regulatory activities in
Title 46, Chapter 3, Utah Digital Signature Act.
(2) (a) 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.
(b) The plans in Subsection (2)(a) shall include the progress of each state agency toward
making the agency's services available on the Internet as provided in Section 63D-1-105 .
(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).
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