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S.B. 151 Enrolled
This act modifies the Information Technology Title and the Utah Administrative Services
Code to reorganize the information technology structure of the state including addressing
the powers and duties of the chief information officer of the Division of Information
Technology. The act addresses coordination of information technology between
branches. The act reorganizes the Information Technology Commission to the Utah
Technology Commission and creates the Utah Technology Industry Council and outlines
the responsibilities of each entity. The act makes technical changes. This act provides a
coordination clause.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-9f-104, as enacted by Chapter 263, Laws of Utah 2000
46-3-601, as enacted by Chapter 346, Laws of Utah 2000
46-3-602, as enacted by Chapter 346, Laws of Utah 2000
46-4-501, as enacted by Chapter 74, Laws of Utah 2000
54-8b-2.5, as last amended by Chapter 14, Laws of Utah 1999
63-38-2, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
63A-6-103, as renumbered and amended by Chapter 212, Laws of Utah 1993
63A-6-104, as renumbered and amended by Chapter 212, Laws of Utah 1993
63A-6-105, as last amended by Chapter 202, Laws of Utah 2002
63A-6-106, as last amended by Chapter 9, Laws of Utah 2001
63A-9-801, as last amended by Chapter 1, Laws of Utah 2000
ENACTS:
63A-6-101.5, Utah Code Annotated 1953
63D-1a-101, Utah Code Annotated 1953
63D-1a-102, Utah Code Annotated 1953
63D-1a-201, Utah Code Annotated 1953
63D-1a-202, Utah Code Annotated 1953
63D-1a-203, Utah Code Annotated 1953
63D-1a-204, Utah Code Annotated 1953
63D-1a-301, Utah Code Annotated 1953
63D-1a-302, Utah Code Annotated 1953
63D-1a-303, Utah Code Annotated 1953
63D-1a-304, Utah Code Annotated 1953
63D-1a-305, Utah Code Annotated 1953
63D-1a-306, Utah Code Annotated 1953
63D-1a-307, Utah Code Annotated 1953
63D-1a-308, Utah Code Annotated 1953
63D-1a-309, Utah Code Annotated 1953
63D-1a-401, Utah Code Annotated 1953
63D-1a-402, Utah Code Annotated 1953
63D-1a-403, Utah Code Annotated 1953
67-1-14, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
46-4-503, (Renumbered from 63D-1-105, as enacted by Chapter 307, Laws of Utah 1999)
REPEALS:
63D-1-101, as enacted by Chapter 73, Laws of Utah 1997
63D-1-102, as enacted by Chapter 73, Laws of Utah 1997
63D-1-103, as enacted by Chapter 73, Laws of Utah 1997
63D-1-104, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-201, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-202, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-203, as last amended by Chapter 89, Laws of Utah 2001
63D-1-204, as last amended by Chapter 21, Laws of Utah 1999
63D-1-205, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-206, as last amended by Chapter 220, Laws of Utah 1998
63D-1-301, as last amended by Chapter 176, Laws of Utah 2002
63D-1-301.5, as last amended by Chapters 12 and 346, Laws of Utah 2000
63D-1-302, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-303, as renumbered and amended by Chapter 73, Laws of Utah 1997
63D-1-304, as last amended by Chapter 140, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-9f-104 is amended to read:
26-9f-104. Duties and responsibilities.
The commission shall:
(1) advise and make recommendations on telehealth issues to the department, the
[
(2) promote collaborative efforts to establish technical compatibility, uniform policies,
and privacy features to meet legal, financial, commercial, and other societal requirements;
(3) serve as a clearinghouse on emerging telehealth technologies;
(4) identify, address, and seek to resolve the legal, ethical, regulatory, financial, medical,
and technological issues that may serve as barriers to telehealth;
(5) explore and encourage the development of telehealth systems as a means of reducing
health costs and increasing health care quality and access;
(6) seek public input on telehealth issues;
(7) educate the public, state officials, and the health care community on telehealth issues;
and
(8) advise the governor and Legislature on:
(a) the role of telehealth in the state;
(b) the policy issues related to telehealth;
(c) the changing telehealth needs and resources in the state; and
(d) state budgetary matters related to telehealth.
Section 2. Section 46-3-601 is amended to read:
46-3-601. Central repository for digital certificate information -- Fee.
(1) The chief information officer shall:
(a) designate an existing state repository or create a new repository that is a secure,
central repository for the maintenance of any appropriate information relating to the issuance of
digital certificates; and
(b) develop policies regarding the issuance of digital certificates by governmental entities
as provided in Section [
(2) Any participating governmental entity may charge a fee to cover administrative costs
and the fee required to be remitted to the state under Subsection (3).
(3) Of the fee collected by a participating governmental entity pursuant to Subsection (2),
a reasonable portion, as established by the chief information officer, shall be:
(a) remitted to the state agency maintaining the repository in Subsection (1)(a); and
(b) deposited in the General Fund as a dedicated credit for that state agency, to maintain
the repository and assist in the issuance of the digital certificates pursuant to this part and Section
[
(4) Any money at the end of the fiscal year in excess of the dedicated credit required by
Subsection (3) shall lapse to the General Fund.
(5) Any state agency permitting the public to transact business with the state agency
through the use of a digital certificate may establish a transaction fee, pursuant to Section
63-38-3.2 , a portion of which may be remitted to the licensed certification authority which issued
the digital certificate being used.
Section 3. Section 46-3-602 is amended to read:
46-3-602. County clerk participation and fee authorization.
A county clerk may:
(1) participate in the issuance of digital certificates to citizens to facilitate electronic
transactions with governmental entities according to the digital certificate policy issued by the
chief information officer pursuant to Section [
(2) charge a fee for the service in Subsection (1), a portion of which shall be remitted to
the agency maintaining the state repository pursuant to Section 46-3-601 .
Section 4. Section 46-4-501 is amended to read:
46-4-501. Creation and retention of electronic records and conversion of written
records by governmental agencies.
(1) A state governmental agency may, by following the procedures and requirements of
Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make rules that:
(a) identify specific transactions that the agency is willing to conduct by electronic
means;
(b) identify specific transactions that the agency will never conduct by electronic means;
(c) specify the manner and format in which electronic records must be created, generated,
sent, communicated, received, and stored, and the systems established for those purposes;
(d) if law or rule requires that the electronic records must be signed by electronic means,
specify the type of electronic signature required, the manner and format in which the electronic
signature must be affixed to the electronic record, and the identity of, or criteria that must be met,
by any third party used by a person filing a document to facilitate the process;
(e) specify control processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality, and auditability of electronic
records; and
(f) identify any other required attributes for electronic records that are specified for
corresponding nonelectronic records or that are reasonably necessary under the circumstances.
(2) A state governmental agency that makes rules under this section shall submit copies
of those rules, and any amendments to those rules, to:
(a) the chief information officer established by Section [
(b) the Utah [
63D-1a-201 .
(3) (a) The chief information officer may prepare model rules and standards relating to
electronic transactions that encourage and promote consistency and interoperability with similar
requirements adopted by other Utah government agencies, other states, the federal government,
and nongovernmental persons interacting with Utah governmental agencies.
(b) In preparing those model rules and standards, the chief information officer may
specify different levels of standards from which governmental agencies may choose in order to
implement the most appropriate standard for a particular application.
(c) Before submitting any model rules or standards to state governmental agencies for
their adoption as permanent rules, the chief information officer shall submit the model rules and
standards to the Utah [
(d) Nothing in this Subsection (3) requires a state agency to use the model rules and
standards prepared by the chief information officer when making rules under this section.
(4) Except as provided in Subsection 46-4-301 (6), nothing in this chapter requires any
state governmental agency to:
(a) conduct transactions by electronic means; or
(b) use or permit the use of electronic records or electronic signatures.
(5) Each state governmental agency shall:
(a) establish record retention schedules for any electronic records created or received in
an electronic transaction according to the standards developed by the Division of Archives under
Subsection 63-2-901 (2)(e); and
(b) obtain approval of those schedules from the State Records Committee as required by
Subsection 63-2-502 (1)(b).
Section 5. Section 46-4-503 , which is renumbered from Section 63D-1-105 is
renumbered and amended to read:
[
(1) The appropriate state entities shall allow the following services to be transacted
through the Internet by July 1, 2002:
(a) application for and renewal of professional and occupational licenses;
(b) renewal of drivers licenses;
(c) application for hunting and fishing licenses;
(d) filings for income tax, sales tax, court documents, and Uniform Commercial Code;
(e) registrations for products, brands, motor vehicles, corporations, and businesses; and
(f) submission of an application for unemployment, welfare, and health benefits.
(2) The state system of public education, in coordination with the Utah Education
Network, shall make reasonable progress toward making the following services available through
the Internet by July 1, 2002[
(a) secure access by parents and students to student grades and progress reports;
(b) email communications with teachers, parent-teacher associations, and school
administrators;
(c) access to school calendars and schedules; and
(d) teaching resources that may include teaching plans, curriculum guides, and media
resources.
(3) State entities shall:
(a) in carrying out the requirements of this section, take reasonable steps to ensure the
security and privacy of records that are private or controlled as defined by Title 63, Chapter 2,
Government Records Access and Management Act;
(b) in addition to those required services listed in Subsections (1) through (3), determine
any additional services which may be made available to the public through electronic means,
including the Internet, by July 1, 2002; and
(c) as part of their [
report on the progress of compliance with Subsections (1) through (3).
(4) A state entity is not required to provide a transaction through the Internet that is
impractical, unreasonable, or not permitted by laws pertaining to privacy or security.
Section 6. Section 54-8b-2.5 is amended to read:
54-8b-2.5. Report to governor and Legislature.
Beginning October 15, 1998, and annually thereafter, the commission shall submit a
report to the governor, Legislature, the Public Utilities and Technology Interim Committee, and
[
make recommendations for any regulatory changes necessary to achieve the policy of the state as
set forth in Section 54-8b-1.1 . The commission shall determine criteria to be used to evaluate the
performance of price regulation and the information necessary to conduct the evaluation.
Section 7. Section 63-38-2 is amended to read:
63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
Appropriations based on current tax laws and not to exceed estimated revenues.
(1) (a) The governor shall, within three days after the convening of the Legislature in the
annual general session, submit a budget for the ensuing fiscal year by delivering it to the
presiding officer of each house of the Legislature together with a schedule for all of the proposed
appropriations of the budget, clearly itemized and classified.
(b) The budget message shall include a projection of estimated revenues and
expenditures for the next fiscal year.
(2) At least 34 days before the submission of any budget, the governor shall deliver a
confidential draft copy of his proposed budget recommendations to the Office of the Legislative
Fiscal Analyst.
(3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
(b) The budget may be accompanied by a separate document showing proposed
expenditures and estimated revenues based on changes in state tax laws or rates.
(4) The budget shall be accompanied by a statement showing:
(a) the revenues and expenditures for the last fiscal year;
(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
of the state;
(c) an estimate of the state's financial condition as of the beginning and the end of the
period covered by the budget;
(d) a complete analysis of lease with an option to purchase arrangements entered into by
state agencies;
(e) the recommendations for each state agency for new full-time employees for the next
fiscal year; which recommendation should be provided also to the State Building Board under
Subsection 63A-5-103 (2);
(f) any explanation the governor may desire to make as to the important features of the
budget and any suggestion as to methods for the reduction of expenditures or increase of the
state's revenue; and
(g) the information detailing certain regulatory fee increases required by Section
63-38-3.2 .
(5) The budget shall include an itemized estimate of the appropriations for:
(a) the Legislative Department as certified to the governor by the president of the Senate
and the speaker of the House;
(b) the Executive Department;
(c) the Judicial Department as certified to the governor by the state court administrator;
(d) payment and discharge of the principal and interest of the indebtedness of the state;
(e) the salaries payable by the state under the Utah Constitution or under law for the lease
agreements planned for the next fiscal year;
(f) other purposes that are set forth in the Utah Constitution or under law; and
(g) all other appropriations.
(6) Deficits or anticipated deficits shall be included in the budget.
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
require from the proper state officials, including public and higher education officials, all heads
of executive and administrative departments and state institutions, bureaus, boards, commissions,
and agencies expending or supervising the expenditure of the state moneys, and all institutions
applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
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(ii) (A) The governor may also require other information under these guidelines and at
times as the governor may direct.
(B) These guidelines may include a requirement for program productivity and
performance measures, where appropriate, with emphasis on outcome indicators.
(b) The estimate for the Legislative Department as certified by the presiding officers of
both houses shall be included in the budget without revision by the governor. [
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(c) The estimate for the Judicial Department, as certified by the state court administrator,
shall also be included in the budget without revision, but the governor may make separate
recommendations on it. [
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of public and higher education, state departments and institutions, and other institutions or
individuals applying for state appropriations.
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Department, the Judicial Department, and those providing for the payment of principal and
interest to the state debt and for the salaries and expenditures specified by the Utah Constitution
or under the laws of the state.
(8) The total appropriations requested for expenditures authorized by the budget may not
exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
year.
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
does not affect the budget itself or any other item in it.
(10) (a) In submitting the budgets for the Departments of Health and Human Services
and the Office of the Attorney General, the governor shall consider a separate recommendation in
his budget for funds to be contracted to:
(i) local mental health authorities under Section 62A-15-110 ;
(ii) local substance abuse authorities under Section 62A-15-110 ;
(iii) area agencies under Section 62A-3-104.2 ;
(iv) programs administered directly by and for operation of the Divisions of Substance
Abuse and Mental Health and Aging and Adult Services;
(v) local health departments under Title 26A, Chapter 1, Local Health Departments; and
(vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
governor shall consider an amount sufficient to grant local health departments, local mental
health authorities, local substance abuse authorities, and area agencies the same percentage
increase for wages and benefits that he includes in his budget for persons employed by the state.
(c) If the governor does not include in his budget an amount sufficient to grant the
increase described in Subsection (10)(b), he shall include a message to the Legislature regarding
his reason for not including that amount.
(11) (a) In submitting the budget for the Division of Services for People with
Disabilities, the Division of Child and Family Services, and the Division of Youth Corrections
within the Department of Human Services, the governor shall consider an amount sufficient to
grant employees of corporations that provide direct services under contract with those divisions,
the same percentage increase for cost-of-living that he includes in his budget for persons
employed by the state.
(b) If the governor does not include in his budget an amount sufficient to grant the
increase described in Subsection (11)(a), he shall include a message to the Legislature regarding
his reason for not including that amount.
(12) (a) The Families, Agencies, and Communities Together Council may propose to the
governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative service
delivery systems operated under Section 63-75-6.5 .
(b) The Legislature may, through a specific program schedule, designate funds
appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
(13) The governor shall include in his budget the state's portion of the budget for the
Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
Communications Agency Network Act.
Section 8. Section 63A-6-101.5 is enacted to read:
63A-6-101.5. Definitions.
As used in this chapter:
(1) "Chief information officer" means the chief information officer appointed under
Section 63D-1a-301 .
(2) "Commission" means the Utah Technology Commission created in Section
63D-1a-201 .
(3) "Computer center" means the location at which a central data processing platform is
managed to serve multiple executive branch agencies.
(4) "Data center" means a centralized repository for the storage, management, and
dissemination of data.
(5) "Director" means the director appointed in accordance with Section 63A-6-102 .
(6) "Division" means the Division of Information Technology Services created in Section
63A-6-101 .
(7) "Executive branch agency" is as defined in Section 63D-1a-102 .
(8) "Executive branch strategic plan" is as defined in Section 63D-1a-102 .
(9) "Information technology" is as defined in Section 63D-1a-102 .
(10) "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 9. Section 63A-6-103 is amended to read:
63A-6-103. Duties of the division.
The [
(1) establish telecommunication system specifications and standards for use by [
(a) one or more executive branch agencies; or
(b) one or more entities that subscribe to the telecommunication systems in accordance
with Section 63A-6-106 ;
(2) coordinate state telecommunication planning:
(a) in cooperation with:
(i) state telecommunication users; [
(ii) executive branch agencies; and
(iii) other subscribers to the state's telecommunication systems; and
(b) subject to Section 63D-1a-307;
(3) coordinate the development and implementation of advanced state
telecommunication systems;
(4) provide [
assistance to [
(a) (i) executive branch agencies; and
(ii) subscribers to the services; and
(b) related to:
(i) information technology; or
(ii) telecommunications;
(5) cooperate [
(a) with:
(i) the federal government;
(ii) other state entities;
(iii) counties; and
(iv) municipalities;
(b) in the development, implementation, and maintenance of:
(i) governmental [
(ii) governmental telecommunication systems [
(c) (i) as part of a cooperative organization; or [
(ii) through means other than a cooperative organization;
(6) establish, operate, manage, and maintain [
(a) one or more state data centers; and
(b) one or more regional computer centers;
(7) design, implement, and manage all state-owned, leased, or rented land mobile or
radio telecommunication systems [
government or its political subdivisions; [
(8) [
plan, implement minimum standards to be used by the division for purposes of compatibility of
procedures, programming languages, codes, and media [
information within and among telecommunication systems[
(9) assist executive branch agencies in complying with the requirements of any rule
adopted by the chief information officer in accordance with Section 63D-1a-305 .
Section 10. Section 63A-6-104 is amended to read:
63A-6-104. Delegation of division duties.
(1) [
other provisions of this section, the director [
the division:
(i) to [
(A) another executive branch agency; or
(B) an institution of higher education; and
(ii) by:
(A) contract; or
(B) other means authorized by law[
(b) The director may delegate a function of the division as provided in Subsection (1)(a)
if:
(i) in the judgment of the director:
[
requested that the [
[
necessary resources and skills to perform or control the [
delegated; and
(ii) the executive director approves the delegation.
(2) The director may delegate [
when the delegation results in net cost savings or improved service delivery to the state as a
whole.
(3) The delegation of a function under this section shall:
(a) be in writing; and
(b) contain the following:
[
[
delegated;
[
Administrative Services; and
[
previously terminated or renewed.
(4) An agreement to delegate functions to [
institution of higher education may be terminated by the department if the results of
administrative audits conducted by the department reveal a lack of compliance with the terms of
the agreement by the [
Section 11. Section 63A-6-105 is amended to read:
63A-6-105. Duties of director -- Fees -- Rate Committee -- Advisory Committee.
(1) The director [
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective [
(i) all [
(ii) entities that subscribe to the services in accordance with Section 63A-6-106 ; and
(b) provide priority service to public safety agencies[
[
(2) The director may negotiate the purchase, lease, or rental of private or public [
(3) Where practical, efficient, and economically beneficial, the director shall use existing
private and public [
[
[
chief information officer [
analysis of [
division.
[
[
[
(b) In accordance with Section 63D-1a-307 , the division shall submit the division's
agency information technology plan for approval by the chief information officer.
(5) (a) In accordance with this Subsection (5), the director shall prescribe a schedule of
fees for all services rendered by the division to:
(i) an executive branch entity; or
(ii) an entity that subscribes to services rendered by the division in accordance with
Section 63A-6-106 .
(b) Each fee included in the schedule of fees required by Subsection (5)(a) shall be:
(i) equitable; and
(ii) sufficient to recover all the costs of operation, including the cost of capital equipment
and facilities.
[
shall obtain approval of the [
the Rate Committee created in Subsection (5)(d).
(d) (i) There is created a Rate Committee which shall consist of:
[
[
[
[
[
(I) appointed by the Rate Committee; and
(II) nominated by the [
[
managers:
(I) appointed by the Rate Committee; and
(II) nominated by the agencies' administrative services managers coordination group.
[
Subsections (5)(d)(i)(E) and (F), the Rate Committee shall appoint:
[
(II) one representative from a small agency; and
[
office, except that initially one of the appointments shall be for a two-year term in order to
stagger the appointments.
[
Subsection (5)(d)(i)(E) or (F), 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.
(e) Before charging a fee to a subscriber of services other than an executive branch
agency, the director shall provide a copy of the schedule of fees to the commission at least 60
days before the day on which the fee is charged.
[
notice to [
[
[
user agencies.
(b) Those advisory committees may recommend policies and practices for the efficient
and effective operation of the division.
Section 12. Section 63A-6-106 is amended to read:
63A-6-106. Subscription by state agencies and institutions.
(1) As used in this section:
[
(a) "Information technology services" means services related to:
(i) information technology; or
(ii) information technology systems.
(b) "Telecommunications services [
software, maintenance, and upkeep of equipment used in telecommunications.
(2) [
executive branch agency in accordance with its agency information technology plan may:
(a) subscribe to the telecommunications or information technology services provided by
the [
(b) contract with one or more alternate private providers of telecommunications or
information technology services if the agency determines that the purchase of [
from a private provider will:
(i) result in:
(A) cost savings[
(B) increased efficiency[
(C) improved quality of services [
(ii) not impair the interoperability of the state's telecommunication services.
(3) An institution of higher education may subscribe to the services provided by the
division if:
(a) the president of the institution recommends that the institution subscribe to the
services of the division; and
(b) the Board of Regents determines that subscription to the services of the division will
result in cost savings or increased efficiency to the institution.
(4) The following may subscribe to telecommunications or information technology
services by requesting that the services be provided from the division:
(a) the legislative branch;
(b) the judicial branch;
(c) the State Board of Education;
(d) a political subdivision of the state;
(e) an agency of the federal government; or
(f) independent entity as defined in Section 63E-1-102 .
Section 13. Section 63A-9-801 is amended to read:
63A-9-801. State surplus property program -- Definitions -- Administration.
(1) As used in this section:
(a) "Agency" means:
(i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
Control, Commerce, Community and Economic Development, Corrections, Workforce Services,
Health, Human Resource Management, Human Services, Insurance, Natural Resources, Public
Safety, and Transportation and the Labor Commission;
(ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
Victim Reparations, Rehabilitation, and Treasurer;
(iii) the Public Service Commission and State Tax Commission;
(iv) the State Boards of Education, Pardons and Parole, and Regents;
(v) the Career Service Review Board;
(vi) other state agencies designated by the governor;
(vii) the legislative branch, the judicial branch, and the State Board of Regents; and
(viii) an institution of higher education, its president, and its board of trustees for
purposes of Section 63A-9-802 .
(b) "Division" means the Division of Fleet Operations.
(c) "Information technology equipment" means any equipment that is designed to
electronically manipulate, store, or transfer any form of data.
(d) "Inventory property" means property in the possession of the division that is available
for purchase by an agency or the public.
(e) "Judicial district" means the geographic districts established by Section 78-1-2.1 .
(f) (i) "Surplus property" means property purchased by, seized by, or donated to, an
agency that the agency wishes to dispose of.
(ii) "Surplus property" does not mean real property.
(g) "Transfer" means transfer of surplus property without cash consideration.
(2) (a) The division shall make rules establishing a state surplus property program that
meets the requirements of this chapter by following the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(b) Those rules shall include:
(i) a requirement prohibiting the transfer of surplus property from one agency to another
agency without written approval from the division;
(ii) procedures and requirements governing division administration requirements that an
agency must follow;
(iii) requirements governing purchase priorities;
(iv) requirements governing accounting, reimbursement, and payment procedures;
(v) procedures for collecting bad debts;
(vi) requirements and procedures for disposing of firearms;
(vii) the elements of the rates or other charges assessed by the division for services and
handling;
(viii) procedures governing the timing and location of public sales of inventory property;
and
(ix) procedures governing the transfer of information technology equipment by state
agencies directly to public schools.
(c) The division shall report all transfers of information technology equipment by state
agencies to public schools to the [
Legislative Interim Education Committee at the end of each fiscal year.
(3) In creating and administering the program, the division shall:
(a) when conditions, inventory, and demand permit:
(i) establish facilities to store inventory property at geographically dispersed locations
throughout the state; and
(ii) hold public sales of property at geographically dispersed locations throughout the
state;
(b) establish, after consultation with the agency requesting the sale of surplus property,
the price at which the surplus property shall be sold; and
(c) transfer proceeds arising from the sale of state surplus property to the agency
requesting the sale in accordance with [
an amount established by the division by rule to pay the costs of administering the surplus
property program.
(4) Unless specifically exempted from this chapter by explicit reference to this chapter,
each state agency shall dispose of and acquire surplus property only by participating in the
division's program.
Section 14. Section 63D-1a-101 is enacted to read:
63D-1a-101. Title.
(1) This title is known as the "Information Technology Act."
(2) This chapter is known as the "State Information Technology Act."
Section 15. Section 63D-1a-102 is enacted to read:
63D-1a-102. Definitions.
As used in this title:
(1) "Cabinet level officials" means executive directors of departments and others who
serve on the governor's cabinet.
(2) "Chief information officer" means the chief information officer appointed under
Section 63D-1a-301 .
(3) "Commission" means the Utah Technology Commission created in Section
63D-1a-201 .
(4) "Division" means the Division of Information Technology Services created in Title
63A, Chapter 6, Information Technology Services.
(5) (a) Except as provided in Subsection (5)(b), "executive branch agency" means an
agency or administrative subunit of state government.
(b) "Executive branch agency" does not include:
(i) the legislative branch;
(ii) the judicial branches;
(iii) the State Board of Education;
(iv) the Board of Regents; and
(v) institutions of higher education.
(6) "Executive branch strategic plan" means the executive branch strategic plan created
under Section 63D-1a-302 .
(7) "Information system" means a system designed, built, operated, and maintained:
(a) to collect, record, process, store, retrieve, and display information; and
(b) involving one or more of the following resources:
(i) people;
(ii) procedures; or
(iii) equipment.
(8) "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.
Section 16. Section 63D-1a-201 is enacted to read:
63D-1a-201. Creation -- Membership -- Appointment -- Staff.
(1) (a) There is created an independent commission to be known as the "Utah
Technology Commission."
(b) The commission shall be composed of 13 members appointed as follows:
(i) five members of the House of Representatives, appointed by the speaker of the House,
not more than three of whom shall be from the same political party;
(ii) 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;
(iii) the chief information officer;
(iv) a representative of the executive branch appointed by the governor;
(v) a representative of the judicial branch appointed by the Judicial Council;
(vi) a representative of public education appointed by the State Board of Education; and
(vii) a representative of higher education appointed by the State Board of Regents.
(2) (a) The president of the Senate shall appoint a member of the commission who is a
legislator to serve as a chair of the commission.
(b) The speaker of the House shall appoint a member of the commission who is a
legislator to serve as a chair of the commission.
(3) (a) A majority of the members of the commission constitute a quorum.
(b) Action by a majority vote of a quorum of the commission constitutes an action by the
commission.
(4) (a) (i) A member of the commission who is a state government officer and employee
who does not receive salary, per diem, or expenses from the member's agency for the member's
service on the commission may receive per diem and expenses incurred in the performance of the
member's official duties from the commission at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) A member of the commission who is state government officer and employee may
decline to receive per diem and expenses for the member's service.
(b) Salaries and expenses of the members of the commission who are legislators shall be
paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
(c) (i) A member of the commission appointed to represent higher education who does
not receive salary, per diem, or expenses from the entity that the member represents may receive
per diem and expenses incurred in the performance of the member's official duties from the
commission at the rates established by the Division of Finance under Sections 63A-3-106 and
63A-3-107 .
(ii) A member of the commission appointed to represent higher education may decline to
receive per diem and expenses for the member's service.
(5) The Office of Legislative Research and General Counsel shall provide staffing for the
commission.
Section 17. Section 63D-1a-202 is enacted to read:
63D-1a-202. Powers and duties of the commission -- Reporting.
(1) The commission may:
(a) study the present and future information technology needs of state government
including:
(i) making recommendations regarding the coordination and governance of the
information technology needs for:
(A) the executive, legislative, and judicial branches; and
(B) public and higher education;
(ii) in accordance with Part 4, Interbranch Coordination:
(A) with regard to the interbranch information technology coordination plan:
(I) participating in the interbranch information technology plan's preparation; and
(II) reviewing the interbranch information technology plan; and
(B) receiving reports regarding the information technology objectives of:
(I) the executive, legislative, and judicial branches; and
(II) public and higher education; and
(iii) making budget recommendations to:
(A) the Executive Appropriations Committee; and
(B) the appropriate appropriations subcommittees of the Executive Appropriations
Committee;
(b) make recommendations for promoting economic development of the technology
industry of Utah, including participating in joint meetings with the steering committee of the
Utah Technology Industry Council in accordance with Section 63D-1a-204 ;
(c) study the present and future technology needs related to the state's economy and
quality of life of Utah's citizens, including soliciting and considering recommendations regarding
technology from:
(i) the governor;
(ii) the chief information officer;
(iii) the judicial branch;
(iv) public and higher education;
(v) the Legislature;
(vi) the business communities in the state; and
(vii) the general public; and
(d) review, analyze, and study any issue related to information technology that is of
interest to the commission.
(2) The commission shall:
(a) submit an annual report to the Legislature before each annual general session;
(b) submit the annual report required by Section 63D-1a-204 to:
(i) the governor; and
(ii) the Legislature; and
(c) if needed, prepare legislation concerning information technology for submission to
the Legislature for consideration by the Legislature in the Legislature's annual general session.
Section 18. Section 63D-1a-203 is enacted to read:
63D-1a-203. Utah Technology Industry Council.
(1) As used in this section:
(a) "Council" means the Utah Technology Industry Council created by this section.
(b) "Technology industry business in this state" means a business that has as a primary
function the research, development, production, or marketing of technologies in technology
sectors including:
(i) aerospace;
(ii) biotechnology or other technologies related to life sciences;
(iii) information technologies or other technologies related to information technologies;
or
(iv) other key technology industries sectors as the technology industries develop.
(2) (a) There is created a Utah Technology Industry Council to act as a body that
recommends policy to the commission.
(b) Subject to the requirements of this section, the council:
(i) shall be organized by the steering committee created under Subsection (3); and
(ii) operate in accordance with the charter that:
(A) is initially adopted by the steering committee in accordance with Subsection (4); and
(B) amended as provided in the charter.
(c) A member of the council shall receive no compensation or benefits for the member's
services including per diem or expenses incurred in the performance of the member's official
duties on the council.
(3) (a) The steering committee described in Subsection (2) shall consist of eight
members:
(i) the executive director of the Department of Community and Economic Development
or the executive director's designee, provided that the designee is a senior officer in the
department; and
(ii) seven members appointed as follows:
(A) the speaker of the House of Representatives shall appoint two members who are
present or former senior:
(I) officers of technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state;
(B) the president of the Senate shall appoint two members who are present or former:
(I) senior officers of technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state;
(C) the governor shall appoint two members who are present or former:
(I) senior officers in technology industry businesses in the state; or
(II) executive directors of technology industry associations in this state; and
(D) the chair of the steering committee shall appoint a representative of political
subdivisions of the state who is an elected official in any Utah municipality or county.
(b) (i) The members of the steering committee shall elect a chair of the steering
committee from the steering committee by a majority vote.
(ii) The chair of the steering committee shall act as chair of the council.
(c) (i) Except as required by Subsection (3)(c)(ii), a member of the steering committee
appointed under Subsection (3)(a)(ii) shall be appointed to a term of four years.
(ii) Notwithstanding the requirements of Subsection (3)(c)(i), at the time of initial
appointment of the steering committee, the members of the steering committee shall create a
random process to adjust the length of terms of the initial members of the steering committee to
ensure that the terms of members are staggered so that approximately half of the steering
committee is appointed every two years.
(d) The Department of Community and Economic Development shall provide staff to:
(i) the steering committee; and
(ii) the council.
(4) The steering committee appointed under Subsection (3) shall adopt a charter for the
council by no later than July 1, 2003 that specifies:
(a) the number, terms, and appointment of voting members of the council, except that the
voting members of the council shall be:
(i) present or former senior officers of technology industry businesses in the state;
(ii) present or former executive directors of technology associations in the state; or
(iii) representatives of:
(A) state or local government; or
(B) public or higher education;
(b) the number, terms, and appointment of nonvoting members of the council;
(c) the term of the chair of the council;
(d) the process to be followed in creating any subcommittees of the council;
(e) the quorum requirements for the council or for subcommittees of the council to take
action;
(f) the processes to be followed to call a meeting of the council or a subcommittee of the
council, except that:
(i) any meeting of the council or a subcommittee of the council is subject to Title 52,
Chapter 4, Open and Public Meetings;
(ii) members of the commission shall be provided notice of each meeting of the council
or of a subcommittee of the council; and
(iii) legislative members of the commission that attend a meeting of the council or a
subcommittee of the council:
(A) may not vote unless the legislator is a member of the council or the subcommittee;
and
(B) may receive a salary and expenses paid in accordance with Section 36-2-2 and
Legislative Joint Rule 15.03; and
(g) the process for amending the charter under which the council operates.
(5) The council may:
(a) conduct research or other studies to the extent that funding is available;
(b) review practices in the worldwide private and public sectors that could foster
technology business growth in the state;
(c) prepare an assessment of the current status of technology industries in the state
including:
(i) the needs of technology industries in the state; and
(ii) opportunities for future growth of technology industries in the state;
(d) develop a strategic plan as to:
(i) the future of technology industries in the state;
(ii) the future economic value technology industries can bring to the state; and
(iii) the future benefits technology industries can bring to the quality of life of the
citizens in the state;
(e) develop plans, including public and private sector initiatives, to meet any objectives
included in the strategic plan statement described in Subsection (5)(d), including proposals to
support the creation, retention, expansion, or attraction of technology industry businesses in the
state; and
(f) study other issues as directed by the commission related to economic development of
technology industries.
Section 19. Section 63D-1a-204 is enacted to read:
63D-1a-204. Joint meetings of the commission and the steering committee --
Reporting.
(1) (a) The chairs of the commission shall call a joint meeting of the commission and the
steering committee of the council at least twice each year to discuss activities and
recommendations of the council.
(b) The chairs of the commission shall chair a joint meeting of the commission and
steering committee.
(c) At a joint meeting of the commission and the steering committee:
(i) the members of the commission and the steering committee may vote;
(ii) 11 members of the commission and the steering committee constitute a quorum; and
(iii) an action by a majority vote of a quorum constitutes an action by the commission
and the steering committee.
(2) (a) The commission shall report annually regarding the results of the joint meetings
held in accordance with this section to:
(i) the governor; and
(ii) the Legislature.
(b) The report of the commission described in Subsection (2)(a) shall be made prior to
each annual general session of the Legislature.
(c) The report of the commission described in Subsection (2)(a) may include:
(i) a summary of the activities of the council as those activities were reported to the
commission; and
(ii) any of the following that were adopted at a joint meeting of the commission and the
steering committee that is held in accordance with Subsection (1):
(A) an assessment of the current status of technology industries in the state including:
(I) the successes and failures experienced by technology industries in the state;
(II) the needs of technology industries in the state; and
(III) opportunities for future growth of technology industries in the state;
(B) recommendations for how state government can use new or existing products and
services available from technology industry businesses in the state;
(C) a strategic plan for:
(I) the future of technology industries in the state;
(II) the economic value that technology industries can bring to the state in the future; and
(III) the benefits that technology industries can bring to the quality of life of the citizens
in the state in the future;
(D) recommendations for any proposed legislation; and
(E) recommendations for any administrative changes in the executive branch.
Section 20. Section 63D-1a-301 is enacted to read:
63D-1a-301. Chief information officer -- Appointment -- Powers -- Reporting.
(1) (a) The governor shall appoint a chief information officer with the consent of the
Senate.
(b) The chief information officer serves at the pleasure of the governor.
(c) The governor shall 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:
(a) advise the governor on information technology policy; and
(b) perform those duties given the chief information officer by statute.
(3) (a) The chief information officer shall report annually to:
(i) the governor;
(ii) the commission; and
(iii) the Public Utilities and Technology Interim Committee.
(b) The report required under Subsection (3)(a) shall:
(i) summarize the state's current and projected use of information technology;
(ii) summarize the executive branch strategic plan including a description of major
changes in the executive branch strategic plan; and
(iii) provide a brief description of each state agency's information technology plan.
(4) To the extent permitted by the budget, the chief information officer may employ staff.
Section 21. Section 63D-1a-302 is enacted to read:
63D-1a-302. Executive branch information technology strategic plan.
(1) In accordance with this section, the chief information officer shall prepare an
executive branch information technology strategic plan:
(a) that complies with this chapter; and
(b) which may include:
(i) a strategic plan for the:
(A) interchange of information related to information technology between executive
branch agencies;
(B) coordination between executive branch agencies in the development and
maintenance of information technology and information systems including the coordination of
agency information technology plans described in Section 63D-1a-303 ; and
(C) protection of the privacy of individuals who use state information technology or
information systems;
(ii) priorities for the development and implementation of information technology or
information systems including priorities determined on the basis of:
(A) the importance of the information technology or information system; and
(B) the time sequencing of the information technology or information system; and
(iii) promotes maximum use of existing state information technology resources.
(2) In the development of the executive branch strategic plan, the chief information
officer shall consult with all cabinet level officials.
(3) (a) Unless withdrawn by the chief information officer in accordance with Subsection
(3)(b), the executive branch strategic plan takes effect 30 days after the day on which the
executive branch strategic plan is submitted to:
(i) the governor; and
(ii) the commission.
(b) The chief information officer may withdraw the executive branch strategic plan
submitted under this Subsection (3) if the governor or chief information officer determines that
the executive branch strategic plan:
(i) should be modified; or
(ii) for any other reason should not take effect.
(c) Any amendment to the executive branch strategic plan is subject to this Subsection
(3) in the same manner as the executive branch strategic plan is subject to under this Subsection
(3).
(4) The executive branch strategic plan:
(a) is to be implemented by executive branch agencies through each executive branch
agency adopting an agency information technology plan in accordance with Section 63D-1a-303 ;
and
(b) may not include any requirement described in Subsection 63D-1a-305 (1) unless that
requirement has been adopted by rule in accordance with Section 63D-1a-305 .
Section 22. Section 63D-1a-303 is enacted to read:
63D-1a-303. Agency information technology plans.
(1) Subject to Subsection (2), each executive branch agency shall submit an agency
information technology plan:
(a) at the department level:
(i) unless the governor requests that an agency information technology plan be submitted
by:
(A) a subunit of a department; or
(B) any executive branch agency other than a department; and
(ii) except that in addition to the Department of Administrative Services, the division
shall submit an agency information technology plan in accordance with Section 63D-1a-307 ;
(b) to the chief information officer by no later than July 1 of each year;
(c) in the level of detail and format specified by the chief information officer by rule
made by the chief information officer in accordance with Section 63D-1a-305 ; and
(d) that includes for the two fiscal years following the day on which the agency
information technology plan is submitted:
(i) the information technology objectives of the agency;
(ii) any performance measures used by the agency for implementing the agency's
information technology objectives;
(iii) any planned expenditures related to information technology;
(iv) the agency's need for appropriations for information technology;
(v) how the agency's development of information technology coordinates with other state
and local governmental entities;
(vi) any efforts the agency has taken to develop public and private partnerships to
accomplish the information technology objectives of the agency; and
(vii) the efforts the executive branch agency has taken to comply with Section 46-4-503 .
(2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
described in Subsection (1) shall comply with the executive branch strategic plan established in
accordance with Section 63D-1a-302 .
(b) If the executive branch agency submitting the agency information technology plan
justifies the need to depart from the executive branch strategic plan, an agency information
technology plan may depart from the executive branch strategic plan to the extent approved by
the chief information officer.
(3) (a) On receipt of a state agency information technology plan, the chief information
officer shall provide a complete copy of the agency information technology plan to the division.
(b) The division shall provide the chief information officer a written analysis of each
agency information technology plan submitted to the division.
(c) The analysis required by Subsection (3)(b) shall include:
(i) an assessment of how the implementation of the agency information technology plan
will affect the costs, operations, and services of:
(A) the division; and
(B) other executive branch agencies; and
(ii) any recommended changes to the plan.
(4) (a) The chief information officer shall review each agency information technology
plan to determine:
(i) (A) whether the agency information technology plan complies with the executive
strategic plan; or
(B) to the extent that the agency information technology plan does not comply with the
executive strategic plan, whether the executive branch entity is justified in departing from the
executive strategic plan;
(ii) whether the agency information technology plan meets the information technology
and other needs of:
(A) the executive branch agency submitting the plan; and
(B) the state.
(b) In conducting the review required by Subsection (4)(a), the chief information officer
shall consider the analysis submitted by the division under Subsection (3).
(5) (a) After the chief information officer conducts the review described in Subsection
(4) of an agency information technology plan, the chief information officer may:
(i) approve the agency information technology plan;
(ii) disapprove the agency information technology plan; or
(iii) recommend modifications to the agency information technology plan.
(6) An executive branch agency may not submit a request for appropriation related to
information technology or an information technology system to the governor in accordance with
Section 63-38-2 until after the executive branch agency's information technology plan is
approved by the chief information officer.
Section 23. Section 63D-1a-304 is enacted to read:
63D-1a-304. Monitoring acquisitions of information technology.
(1) In accordance with Subsection (2), the chief information officer may monitor the
acquisition by an executive branch agency of:
(a) information technology equipment;
(b) telecommunications equipment;
(c) software; and
(d) services related to the items listed in Subsections (1)(a) through (c).
(2) In monitoring an acquisition described in Subsection (1), the chief information officer
may:
(a) determine whether the acquisition is in compliance with:
(i) the executive strategic plan;
(ii) the applicable agency information technology plan;
(iii) the budget for the executive branch agency as adopted by the Legislature; and
(iv) Title 63, Chapter 56, Utah Procurement Code; and
(b) in accordance with Section 63D-1a-306 , encourage coordination of acquisitions
between two or more executive branch agencies if it is in the best interests of the state.
(3) Each executive branch entity shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(a) at the request of the chief information officer; and
(b) related to the executive branch entity's acquisition of any item listed in Subsection
(1).
(4) The chief information officer and the Division of Purchasing and General Services
shall work cooperatively to establish procedures under which the chief information officer may
monitor acquisitions as provided in this section.
Section 24. Section 63D-1a-305 is enacted to read:
63D-1a-305. Rulemaking -- Policies.
(1) Subject to Subsection (2), in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, the chief information officer may make rules that:
(a) provide standards that impose requirements on executive branch agencies that are
related to the security of the statewide area network;
(b) specify the detail and format required in an agency information technology plan
submitted in accordance with Section 63D-1a-303 ;
(c) provide for standards related to the privacy policies of websites operated by or on
behalf of an executive state agency; or
(d) provide for the acquisition, licensing, and sale of computer software.
(2) (a) Notwithstanding Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and
subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
procedures to be followed by the chief information officer in facilitating the implementation of
this chapter by executive branch agencies if the policy:
(i) is consistent with the executive strategic plan;
(ii) is not required to be made by rule under Subsection (1).
(b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may not
take effect until 30 days after the day on which the chief information officer submits the policy
to:
(A) the governor; and
(B) all cabinet level officials.
(ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
may review and comment on a policy submitted under Subsection (2)(b)(i).
(3) (a) Notwithstanding Subsection (1), (2), or Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
chief information officer may adopt a security procedure to be followed by executive branch
agencies to protect the statewide area network if:
(i) broad communication of the security procedure would create a significant potential
for increasing the vulnerability of the statewide area network to breach or attack; and
(ii) after consultation with the chief information officer, the governor agrees that broad
communication of the security procedure would create a significant potential increase in the
vulnerability of the statewide area network to breach or attack.
(b) A security procedure described in Subsection (3)(a), is classified as a protected record
under Title 63, Chapter 2, Government Records Access and Management Act.
(c) The chief information officer shall provide a copy of the security procedure as a
protected record to:
(i) the judicial branch;
(ii) the legislative branch;
(iii) the Board of Regents; and
(iv) the State Board of Education.
Section 25. Section 63D-1a-306 is enacted to read:
63D-1a-306. Coordination within the executive branch -- Cooperation with other
branches.
(1) In accordance with the executive branch strategic plan, and in addition to the Utah
Technology Infrastructure Innovation Program, the chief information officer shall coordinate the
development of information technology or systems between two or more executive branch
agencies subject to:
(a) the budget approved by the Legislature; and
(b) Title 63, Chapter 38, Budgetary Procedures Act.
(2) In addition to the coordination described in Subsection (1), the chief information
officer shall promote cooperation regarding information technology in a manner consistent with
the interbranch coordination plan created in accordance with Part 4, Interbranch Coordination.
Section 26. Section 63D-1a-307 is enacted to read:
63D-1a-307. Relationship with the division.
(1) In accordance with this section, the division shall submit an agency information
technology plan.
(2) The agency information technology plan submitted by the division under this section
shall include:
(a) the information required by Section 63D-1a-303 ;
(b) a list of the services the division offers or plans to offer;
(c) a description of the performance measures used by the division to measure the quality
of the services described in Subsection (2)(b); and
(d) a summary of the state telecommunication plans developed in accordance with
Subsection 63A-6-103 (2).
(3) (a) In submitting its agency information technology plan under this section, the
division shall comply with Section 63D-1a-303 .
(b) The agency information technology plan submitted by the division under this section
is subject to the approval of the chief information officer as provided in Section 63D-1a-303 .
Section 27. Section 63D-1a-308 is enacted to read:
63D-1a-308. Facilitating the electronic delivery of government services.
(1) The chief information officer shall:
(a) inform each executive branch entity of the requirements of Section 46-4-503 ;
(b) in accordance with Section 63D-1a-306 , coordinate the efforts of state government to
provide services and transactions through the Internet; and
(c) subject to Subsection (2), coordinate the development of electronic authentication
methods and technology needed to conduct electronic transactions between government and
citizens or businesses.
(2) (a) Subject to Subsection (2)(b), the chief information officer shall:
(i) designate an existing state repository or create a new repository that is secure and
central for the maintenance of any appropriate information relating to the issuance of digital
certificates as provided in Section 46-3-601 ;
(ii) develop a digital certificate policy that includes:
(A) indicating the level of identity verification necessary for digital certificates issued by
any governmental entity to be valid for transacting business online with state agencies and
political subdivisions;
(B) requiring any certification authority from which the digital certificates are acquired to
be licensed in the state pursuant to Title 46, Chapter 3, Utah Digital Signature Act;
(C) providing for the security of the information in the repository, including who is
permitted access to the information; and
(D) indicating the appropriate use and retention of the information in the repository;
(iii) assist governmental entities desiring to transact business with citizens electronically
to develop programs using digital certificates; and
(iv) designate the state repository pursuant to Section 46-3-601 .
(b) Notwithstanding Subsection (2)(a), the Division of Corporations and Commercial
Code has the responsibility for regulatory activities in Title 46, Chapter 3, Utah Digital Signature
Act.
Section 28. Section 63D-1a-309 is enacted to read:
63D-1a-309. Utah Technology Infrastructure Innovation Program.
(1) There is created a program known as the "Utah Technology Infrastructure Innovation
Program" to be administered by the chief information officer.
(2) (a) The Utah Technology Infrastructure Innovation Program shall be funded from
legislative appropriations made to the program.
(b) Money in the Utah Technology Infrastructure Innovation Program shall be nonlapsing
except that any monies in excess of $5,000,000 unexpended at the close of each fiscal year shall
lapse into the General Fund.
(3) Notwithstanding the provisions of Section 63-38-3 , the chief information officer:
(a) may provide grants to one or more executive branch agencies for a single-agency or
cross-agency technology innovation project as prescribed by Subsection (4); and
(b) shall favor granting monies to executive branch agency technology innovation
projects that can show clear cost savings to the state.
(4) To receive funds for a proposed technology innovation project, an executive branch
agency shall provide information to the chief information officer that clearly identifies any return
on investment or cost savings that the state will experience if the proposed technology innovation
project is implemented.
Section 29. Section 63D-1a-401 is enacted to read:
63D-1a-401. Interbranch information technology coordination plan.
(1) In accordance with this section, the chief information officer shall prepare an
interbranch information technology coordination plan that provides for the coordination where
possible of the development, acquisition, and maintenance of information technology and
information systems of:
(a) the executive branch;
(b) the judicial branch;
(c) the legislative branch;
(d) the Board of Regents; and
(e) the State Board of Education.
(2) In the development of the interbranch coordination plan, the chief information officer
shall consult with:
(a) the entities described in Subsection (1); and
(b) the commission.
(3) The interbranch coordination plan:
(a) is an advisory document; and
(b) does not bind any entity described in Subsection (1).
(4) (a) The chief information officer shall submit the interbranch coordination plan to the
commission for comment.
(b) The chief information officer may modify the interbranch coordination plan:
(i) at the request of the commission; or
(ii) to improve the coordination between the entities described in Subsection (1).
(c) Any amendment to the interbranch coordination plan is subject to this Subsection (4)
in the same manner as the interbranch coordination plan is subject to this Subsection (4).
Section 30. Section 63D-1a-402 is enacted to read:
63D-1a-402. Reporting on information technology objectives.
(1) In a manner consistent with the interbranch coordination plan, the reports described
in Subsection (2) shall be made to the commission by no later than October 30 of each year.
(2) In accordance with Subsection (1):
(a) the chief information officer shall:
(i) provide to the commission:
(A) a copy of each agency information technology plan approved by the chief
information officer; or
(B) an explanation as to why an agency information technology plan has not been
approved by the chief information officer; and
(ii) report to the commission each request for appropriation included in an agency
information technology plan;
(b) the legislative branch shall annually report to the commission the Legislature's:
(i) proposed information technology objectives;
(ii) efforts to implement its information technology objectives;
(iii) efforts to coordinate its information technology objectives with other departments of
state and local government; and
(iv) efforts to develop public and private partnerships to accomplish its information
technology objectives;
(c) the state court administrator or the state court administrator's designee shall report to
the commission the judicial branch's:
(i) proposed information technology objectives;
(ii) efforts to implement its information technology objectives;
(iii) efforts to coordinate its information technology objectives with other departments of
state and local government; and
(iv) efforts to develop public and private partnerships to accomplish its information
technology objectives;
(d) the state superintendent or the state superintendent's designee shall report to the
commission the State Office of Education's:
(i) proposed information technology objectives;
(ii) efforts to implement its information technology objectives;
(iii) efforts to coordinate its information technology objectives with other departments of
state and local government; and
(iv) efforts to develop public and private partnerships to accomplish its information
technology objectives; and
(e) the commissioner of higher education or the commissioner of higher education's
designee shall report to the commission the state system of higher education's:
(i) proposed information technology objectives;
(ii) efforts to implement its information technology objectives;
(iii) efforts to coordinate its information technology objectives with other departments of
state and local government; and
(iv) efforts to develop public and private partnerships to accomplish its information
technology objectives.
Section 31. Section 63D-1a-403 is enacted to read:
63D-1a-403. Liaisons with the chief information officer.
In a manner consistent with the interbranch coordination plan created in accordance with
Section 63D-1a-401 , the chief information officer shall maintain liaisons with:
(1) the judicial branch;
(2) the legislative branch;
(3) the Board of Regents;
(4) the State Board of Education;
(5) local government;
(6) the federal government;
(7) business and industry; and
(8) those members of the public who use information technology or systems of the state.
Section 32. Section 67-1-14 is enacted to read:
67-1-14. Information technology.
The governor shall review the executive branch strategic plan submitted to the governor
by the chief information officer in accordance with Section 63D-1a-302 .
Section 33. Repealer.
This act repeals:
Section 63D-1-101, Title.
Section 63D-1-102, Title -- Chapter 1.
Section 63D-1-103, Policy statement.
Section 63D-1-104, Definitions.
Section 63D-1-201, Title -- Part 2.
Section 63D-1-202, Creation -- Membership -- Appointment.
Section 63D-1-203, Terms of members -- Vacancies -- Term limitation.
Section 63D-1-204, Purpose -- Duties -- Quorum.
Section 63D-1-205, Compensation of members -- Reports to the Legislature --
Publication of reports.
Section 63D-1-206, Staffing.
Section 63D-1-301, Chief information officer -- Appointment -- Salary.
Section 63D-1-301.5, Chief information officer -- Duties.
Section 63D-1-302, Information Technology Policy and Strategy Committee --
Membership -- Chair -- Duties.
Section 63D-1-303, Executive committee -- Membership -- Chair.
Section 63D-1-304, Utah Technology Infrastructure Innovation Program.
Section 34. Coordination clause.
(1) If this bill and H.B. 105, Internet Privacy and Security Amendments, both pass, it is
the intent of the Legislature that the Office of Legislative Research and General Counsel in
preparing the Utah Code database for publication:
(a) renumber Title 63D, Chapter 1, Part 4 as enacted in H.B. 105 to Title 63D, Chapter
1a, Part 4;
(b) delete Subsection 63D-1-402 (2) as enacted in H.B. 105 and replace it with the
following:
"(2) "Governmental entity" means:
(a) an executive branch agency;
(b) a political subdivision of the state:
(i) as defined in Section 17B-2-101 ; and
(ii) including a school district;
(c) the legislative branch;
(d) the judicial branch;
(e) the State Board of Education;
(f) the Board of Regents; or
(g) institutions of higher education.";
(c) delete Subsection 63D-1-402 (6) as enacted in H.B. 105; and
(d) renumber the remaining subsections accordingly.
(2) If this bill and S.B. 20, Facilitation of E-Government, both pass, it is the intent of the
Legislature that the amendments in this bill to Subsection 46-4-503 (3)(c) supersede the
amendments to Subsection 46-4-503 (3)(c) in S.B. 20.
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