H.B. 238

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 3, 2005 at 11:59 AM by ddonat. --> 1

UTAH TECHNOLOGY COMMISSION
2 MEMBERSHIP
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John Dougall
6
7 LONG TITLE
8 General Description:
9 This bill amends the Information Technology Act by changing the membership of the
10 Utah Technology Commission and by creating the Utah Government Technology
11 Strategy Committee.
12 Highlighted Provisions:
13 This bill:
14 . modifies the Utah Technology Commission membership by transferring all
15 nonlegislative, governmental members to the Utah Governmental Technology
16 Strategy Committee;
17 . authorizes the president of the Senate and speaker of the House of Representatives
18 to appoint new legislative members to the commission;
19 . amends the Utah Technology Industry Council to create a vice chair of the council;
20 . amends the provisions for joint meetings with the Utah Technology Commission;
21 . creates the Utah Government Technology Strategy Committee;
22 . defines the committee's duties and responsibilities; and
23 . makes technical corrections.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 H. [ None ] This bill provides an immediate effective date. .H

28 Utah Code Sections Affected:
29 AMENDS:
30 63D-1a-201, as enacted by Chapter 209, Laws of Utah 2003
31 63D-1a-202, as enacted by Chapter 209, Laws of Utah 2003
32 63D-1a-203, as enacted by Chapter 209, Laws of Utah 2003
33 63D-1a-204, as enacted by Chapter 209, Laws of Utah 2003
34 ENACTS:
35 63D-1a-205, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 63D-1a-201 is amended to read:
39 63D-1a-201. Creation -- Membership -- Appointment -- Staff.
40 (1) (a) There is created an independent commission to be known as the "Utah
41 Technology Commission."
42 (b) The commission shall be composed of [13] 12 members appointed as follows:
43 (i) [five] seven members of the House of Representatives, appointed by the speaker of
44 the House, not more than [three] five of whom shall be from the same political party; and
45 (ii) [three] five members of the Senate, appointed by the president of the Senate, not
46 more than [two] four of whom shall be from the same political party[;].
47 [(iii) the chief information officer;]
48 [(iv) a representative of the executive branch appointed by the governor;]
49 [(v) a representative of the judicial branch appointed by the Judicial Council;]
50 [(vi) a representative of public education appointed by the State Board of Education;
51 and]
52 [(vii) a representative of higher education appointed by the State Board of Regents.]
53 (2) (a) The president of the Senate shall appoint a member of the commission [who is a
54 legislator] to serve as [a] the Senate chair of the commission.
55 (b) The speaker of the House shall appoint a member of the commission [who is a
56 legislator] to serve as [a] the House chair of the commission.
57 (3) (a) A majority of the members of the commission constitute a quorum.
58 (b) Action by a majority vote of a quorum of the commission constitutes an action by

59 the commission.
60 [(4) (a) (i) A member of the commission who is a state government officer and
61 employee who does not receive salary, per diem, or expenses from the member's agency for the
62 member's service on the commission may receive per diem and expenses incurred in the
63 performance of the member's official duties from the commission at the rates established by the
64 Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
65 [(ii) A member of the commission who is state government officer and employee may
66 decline to receive per diem and expenses for the member's service.]
67 [(b)] (c) Salaries and expenses of the members of the commission who are legislators
68 shall be paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
69 [(c) (i) A member of the commission appointed to represent higher education who does
70 not receive salary, per diem, or expenses from the entity that the member represents may
71 receive per diem and expenses incurred in the performance of the member's official duties from
72 the commission at the rates established by the Division of Finance under Sections 63A-3-106
73 and 63A-3-107 .]
74 [(ii) A member of the commission appointed to represent higher education may decline
75 to receive per diem and expenses for the member's service.]
76 [(5)] (4) The Office of Legislative Research and General Counsel shall provide staffing
77 for the commission.
78 Section 2. Section 63D-1a-202 is amended to read:
79 63D-1a-202. Powers and duties of the commission -- Reporting.
80 (1) The commission may:
81 (a) study the present and future information technology needs of state government
82 including:
83 (i) making recommendations regarding the coordination and governance of the
84 information technology needs for:
85 (A) the executive, legislative, and judicial branches; and
86 (B) public and higher education;
87 (ii) in accordance with Part 4, Interbranch Coordination:
88 (A) with regard to the interbranch information technology coordination plan:
89 (I) participating in the interbranch information technology plan's preparation; and

90 (II) reviewing the interbranch information technology plan; and
91 (B) receiving reports regarding the information technology objectives of:
92 (I) the executive, legislative, and judicial branches; and
93 (II) public and higher education; and
94 (iii) making budget recommendations to:
95 (A) the Executive Appropriations Committee; and
96 (B) the appropriate appropriations subcommittees of the Executive Appropriations
97 Committee;
98 (b) make recommendations for promoting economic development of the technology
99 industry of Utah, including participating in joint meetings with the [steering committee of the]
100 Utah Technology Industry Council in accordance with Section 63D-1a-204 ;
101 (c) make recommendations for promoting cooperation by state and local entities in the
102 use of technology, including participating in joint meetings with the Utah Government
103 Technology Strategy Committee in accordance with Section 63D-1a-204 ;
104 [(c)] (d) study the present and future technology needs related to the state's economy
105 and quality of life of Utah's citizens, including soliciting and considering recommendations
106 regarding technology from:
107 (i) the governor;
108 (ii) the chief information officer;
109 (iii) the judicial branch;
110 (iv) public and higher education;
111 (v) the Legislature;
112 (vi) the business communities in the state; and
113 (vii) the general public; and
114 [(d)] (e) review, analyze, and study any issue related to information technology that is
115 of interest to the commission.
116 (2) The commission [shall] may:
117 (a) submit an annual report to the Legislature before each annual general session;
118 (b) submit the annual report required by Section 63D-1a-204 to:
119 (i) the governor; and
120 (ii) the Legislature; and

121 (c) if needed, prepare legislation concerning information technology for submission to
122 the Legislature for consideration by the Legislature in the Legislature's annual general session.
123 Section 3. Section 63D-1a-203 is amended to read:
124 63D-1a-203. Utah Technology Industry Council.
125 (1) As used in this section:
126 (a) "Council" means the Utah Technology Industry Council created by this section.
127 (b) "Technology industry business in this state" means a business that has as a primary
128 function the research, development, production, or marketing of technologies in technology
129 sectors including:
130 (i) aerospace;
131 (ii) biotechnology or other technologies related to life sciences;
132 (iii) information technologies or other technologies related to information technologies;
133 or
134 (iv) other key technology industries sectors as the technology industries develop.
135 (2) (a) There is created a Utah Technology Industry Council to act as a body that
136 recommends policy to the commission.
137 (b) Subject to the requirements of this section, the council:
138 (i) shall be organized by the steering committee created under Subsection (3); and
139 (ii) operate in accordance with the charter that:
140 (A) is initially adopted by the steering committee in accordance with Subsection (4);
141 and
142 (B) amended as provided in the charter.
143 (c) A member of the council shall receive no compensation or benefits for the
144 member's services including per diem or expenses incurred in the performance of the member's
145 official duties on the council.
146 (3) (a) The steering committee described in Subsection (2) shall consist of eight
147 members:
148 (i) the executive director of the Department of Community and Economic
149 Development or the executive director's designee, provided that the designee is a senior officer
150 in the department; and
151 (ii) seven members appointed as follows:

152 (A) the speaker of the House of Representatives shall appoint two members who are
153 present or former senior:
154 (I) officers of technology industry businesses in the state; or
155 (II) executive directors of technology industry associations in this state;
156 (B) the president of the Senate shall appoint two members who are present or former:
157 (I) senior officers of technology industry businesses in the state; or
158 (II) executive directors of technology industry associations in this state;
159 (C) the governor shall appoint two members who are present or former:
160 (I) senior officers in technology industry businesses in the state; or
161 (II) executive directors of technology industry associations in this state; and
162 (D) the chair of the steering committee shall appoint a representative of political
163 subdivisions of the state who is an elected official in any Utah municipality or county.
164 (b) (i) The members of the steering committee shall elect a chair and vice chair of the
165 steering committee from the steering committee by a majority vote.
166 (ii) The chair of the steering committee shall act as chair of the council. The vice chair
167 may serve as chair if requested by the chair or in the case of absence or illness of the chair.
168 (c) (i) Except as required by Subsection (3)(c)(ii), a member of the steering committee
169 appointed under Subsection (3)(a)(ii) shall be appointed to a term of four years.
170 (ii) Notwithstanding the requirements of Subsection (3)(c)(i), at the time of initial
171 appointment of the steering committee, the members of the steering committee shall create a
172 random process to adjust the length of terms of the initial members of the steering committee to
173 ensure that the terms of members are staggered so that approximately half of the steering
174 committee is appointed every two years.
175 (d) The Department of Community and Economic Development shall provide staff to:
176 (i) the steering committee; and
177 (ii) the council.
178 (4) The steering committee appointed under Subsection (3) shall adopt a charter for the
179 council by no later than July 1, 2003 that specifies:
180 (a) the number, terms, and appointment of voting members of the council, except that
181 the voting members of the council shall be:
182 (i) present or former senior officers of technology industry businesses in the state;

183 (ii) present or former executive directors of technology associations in the state; or
184 (iii) representatives of:
185 (A) state or local government; or
186 (B) public or higher education;
187 (b) the number, terms, and appointment of nonvoting members of the council;
188 (c) the term of the chair of the council;
189 (d) the process to be followed in creating any subcommittees of the council;
190 (e) the quorum requirements for the council or for subcommittees of the council to take
191 action;
192 (f) the processes to be followed to call a meeting of the council or a subcommittee of
193 the council, except that:
194 (i) any meeting of the council or a subcommittee of the council is subject to Title 52,
195 Chapter 4, Open and Public Meetings;
196 (ii) members of the commission shall be provided notice of each meeting of the council
197 or of a subcommittee of the council; and
198 (iii) legislative members of the commission that attend a meeting of the council or a
199 subcommittee of the council:
200 (A) may not vote unless the legislator is a member of the council or the subcommittee;
201 and
202 (B) may receive a salary and expenses paid in accordance with Section 36-2-2 and
203 Legislative Joint Rule 15.03; and
204 (g) the process for amending the charter under which the council operates.
205 (5) The council may:
206 (a) conduct research or other studies to the extent that funding is available;
207 (b) review practices in the worldwide private and public sectors that could foster
208 technology business growth in the state;
209 (c) prepare an assessment of the current status of technology industries in the state
210 including:
211 (i) the needs of technology industries in the state; and
212 (ii) opportunities for future growth of technology industries in the state;
213 (d) develop a strategic plan as to:

214 (i) the future of technology industries in the state;
215 (ii) the future economic value technology industries can bring to the state; and
216 (iii) the future benefits technology industries can bring to the quality of life of the
217 citizens in the state;
218 (e) develop plans, including public and private sector initiatives, to meet any objectives
219 included in the strategic plan statement described in Subsection (5)(d), including proposals to
220 support the creation, retention, expansion, or attraction of technology industry businesses in the
221 state; and
222 (f) study other issues as directed by the commission related to economic development
223 of technology industries.
224 Section 4. Section 63D-1a-204 is amended to read:
225 63D-1a-204. Joint meetings of the commission, the Utah Technology Industry
226 Council, and the Utah Government Technology Strategy Committee -- Reporting.
227 (1) (a) The chairs of the commission shall call a joint meeting of the commission and
228 the [steering committee of the council] chairs and vice chairs of both the Utah Technology
229 Industry Council and the Utah Government Technology Strategy Committee at least twice each
230 year to discuss activities and recommendations of the council and committee.
231 (b) The chairs of the commission shall chair [a] joint [meeting of the commission and
232 steering committee] meetings held in accordance with this section.
233 (c) At [a] joint [meeting of the commission and the steering committee] meetings held
234 in accordance with this section:
235 (i) the members of the commission and the [steering committee] chair and vice chair of
236 both the Utah Technology Industry Council and the Utah Government Technology Strategy
237 Committee may vote;
238 (ii) [11] nine members [of] from either the commission [and the steering committee] or
239 the Utah Technology Industry Council's or the Utah Government Technology Strategy
240 Committee's chairs and vice chairs constitute a quorum for purposes of the joint meeting; and
241 (iii) an action by a majority vote of a quorum constitutes an action by the commission
242 [and the steering committee] during a joint meeting.
243 (2) (a) The commission [shall] may report annually regarding the results of the joint
244 meetings held in accordance with this section to:

245 (i) the governor; and
246 (ii) the Legislature.
247 (b) The report of the commission described in Subsection (2)(a) shall be made prior to
248 each annual general session of the Legislature.
249 (c) The report of the commission described in Subsection (2)(a) may include:
250 (i) a summary of the activities of the [council] Utah Technology Industry Council and
251 the Utah Government Technology Strategy Committee as those activities were reported to the
252 commission; and
253 (ii) any of the following that were adopted at a joint meeting of the commission [and
254 the steering committee] that is held in accordance with Subsection (1):
255 (A) an assessment of the current status of technology industries in the state including:
256 (I) the successes and failures experienced by technology industries in the state;
257 (II) the needs of technology industries in the state; and
258 (III) opportunities for future growth of technology industries in the state;
259 (B) recommendations for how state [government] and local governments:
260 (i) can use new or existing products and services available from technology industry
261 businesses in the state; and
262 (ii) how state and local governments may integrate the use of technology for the
263 purposes of efficiency and cost savings;
264 (C) a strategic plan for:
265 (I) the future of technology industries in the state;
266 (II) the economic value that technology industries can bring to the state in the future;
267 and
268 (III) the benefits that technology industries can bring to the quality of life of the
269 citizens in the state in the future;
270 (D) recommendations for any proposed legislation; and
271 (E) recommendations for any administrative changes in the executive branch.
272 Section 5. Section 63D-1a-205 is enacted to read:
273 63D-1a-205. Utah Government Technology Strategy Committee.
274 (1) As used in this section:
275 (a) "Committee" means the Utah Government Technology Strategy Committee created

276 by this section.
277 (b) "Government technology" means the use of any type of technology that has a
278 primary function of providing goods and services between governmental entities, to citizens, or
279 other subscribers.
280 (c) "Governmental entity" means the executive and judicial branches of state
281 government, higher education, public education, and local governments including counties,
282 cities, and towns.
283 (2) (a) There is created a Utah Government Technology Strategy Committee to act as a
284 body that recommends state and local government technology policy to the commission.
285 (b) Subject to the requirements of this section:
286 (i) the committee members are selected by the chief information officer and serve
287 terms at the will of the chief information officer;
288 (ii) committee members may be requested from any governmental entity including:
289 (A) the executive branch;
290 (B) the judicial branch as approved by the Judicial Council;
291 (C) the Utah Board of Regents;
292 (D) the Utah State Office of Education; and
293 (E) local governments including counties, cities and towns, and special districts.
294 (3) (a) The chief information officer shall serve as chair of the committee and shall
295 provide staff to the committee.
296 (b) The chief information officer shall select a vice chair from among the committee
297 members.
298 (c) The vice chair shall serve at the will of the chief information officer.
299 (4) The committee may:
300 (a) conduct government technology research or other studies to the extent funding is
301 available;
302 (b) review government and private sector technology practices for the purpose of
303 determining whether state and local governments in Utah may benefit from adoption of similar
304 policies;
305 (c) develop technology plans, policies, and budget recommendations for presentation to
306 the commission; and

307 (d) study other issues as directed by the committee or the commission related to the use
308 of technology in state and local government.
309 (5) A member of the committee shall receive no compensation or benefits for the
310 member's services incurred in the performance of the member's official duties on the
311 committee.
312 (6) Any meeting of the committee is subject to Title 52, Chapter 4, Open and Public
313 Meetings.
313a H. Section 6. Effective date.
313b If approved by two-thirds of all the members elected to each house, this bill takes effect
313c upon approval by the governor, or the day following the constitutional time limit of Utah
313d Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
313e the date of veto override. .H




Legislative Review Note
as of 1-26-05 11:18 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel