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H.B. 109 Enrolled
LONG TITLE
General Description:
This bill consolidates information technology services and governance in the executive
branch of state government into one department.
Highlighted Provisions:
This bill:
. phases out the existing information technology governance structure in the
executive branch of state government over a one-year period;
. creates the Department of Technology Services which includes:
. an executive director, who serves as the chief information officer;
. the Division of Enterprise Technology;
. the Division of Integrated Technology including the Automated Geographic
Reference Center; and
. the Division of Agency Services;
. funds the department through an internal service fund;
. maintains merit status for employees whose functions are transferred to the
department, and requires nonmerit status for an employee who is hired for a new
position with the department;
. defines terms;
. establishes the purpose and duties of the department;
. creates an advisory board to the department and defines its duties;
. requires an annual executive branch strategic technology plan;
. requires annual agency information technology plans;
. requires the approval of certain technology procurement by the chief information
officer;
. gives rulemaking authority to the executive director of the department;
. requires the chief information officer to coordinate the development of technology
between executive branch agencies;
. authorizes the chief information officer to delegate functions of the department to an
agency under certain conditions;
. authorizes the chief information officer to assign department staff to work in-house
for an executive branch agency;
. establishes a rate committee;
. requires executive branch agencies to subscribe to services of the department and
permits other branches and public and higher education to subscribe to services of the
department;
. establishes the duties of the Division of Enterprise Technology;
. establishes the duties of the Division of Integrated Technology;
. transfers the Automated Geographic Reference Center to the department;
. establishes the duties of the Division of Agency Services;
. establishes the process and authority for the transition of the technology assets and
functions in the executive branch of government into the Department of Technology
Services;
. repeals the Division of Information Technology Services on July 1, 2006;
. amends state officers compensation to add the director of the department; and
. makes conforming and technical amendments.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an effective date.
This bill provides revisor instructions.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-9-301.5, as enacted by Chapter 99, Laws of Utah 2004
11-36-201, as last amended by Chapter 99, Laws of Utah 2004
17-27-301.5, as enacted by Chapter 99, Laws of Utah 2004
17A-2-104, as enacted by Chapter 99, Laws of Utah 2004
17B-2-104, as enacted by Chapter 99, Laws of Utah 2004
20A-5-303, as last amended by Chapter 1, Laws of Utah 2003, Second Special Session
20A-13-104, as last amended by Chapter 225, Laws of Utah 2002
20A-14-102.2, as last amended by Chapter 225, Laws of Utah 2002
36-1-105, as last amended by Chapter 225, Laws of Utah 2002
36-1-204, as last amended by Chapter 225, Laws of Utah 2002
46-3-601, as last amended by Chapter 209, Laws of Utah 2003
46-3-602, as last amended by Chapter 209, Laws of Utah 2003
46-4-501, as last amended by Chapter 209, Laws of Utah 2003
46-4-503, as last amended by Chapters 90 and 120, Laws of Utah 2004
53-1-106, as last amended by Chapter 131, Laws of Utah 2003
53-10-601, as enacted by Chapter 313, Laws of Utah 2004
53-10-605, as enacted by Chapter 313, Laws of Utah 2004
53A-2-123, as enacted by Chapter 99, Laws of Utah 2004
54-3-28, as enacted by Chapter 99, Laws of Utah 2004
63-55b-163, as last amended by Chapters 37, 90 and 156, Laws of Utah 2004
63-56-9, as last amended by Chapter 35, Laws of Utah 2004
63A-1-108, as renumbered and amended by Chapter 212, Laws of Utah 1993
63A-1-109, as last amended by Chapter 356, Laws of Utah 2004
63A-1-114, as enacted by Chapter 34, Laws of Utah 2004
63A-6-101.5, as enacted by Chapter 209, Laws of Utah 2003
63A-6-103, as last amended by Chapter 209, Laws of Utah 2003
63A-6-105, as last amended by Chapters 34 and 35, Laws of Utah 2004
63D-1a-102, as enacted by Chapter 209, Laws of Utah 2003
67-1-14, as enacted by Chapter 209, Laws of Utah 2003
67-19-15, as last amended by Chapter 213, Laws of Utah 1997
67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
72-5-304, as renumbered and amended by Chapter 270, Laws of Utah 1998
ENACTS:
63F-1-101, Utah Code Annotated 1953
63F-1-102, Utah Code Annotated 1953
63F-1-103, Utah Code Annotated 1953
63F-1-104, Utah Code Annotated 1953
63F-1-105, Utah Code Annotated 1953
63F-1-106, Utah Code Annotated 1953
63F-1-107, Utah Code Annotated 1953
63F-1-201, Utah Code Annotated 1953
63F-1-202, Utah Code Annotated 1953
63F-1-203, Utah Code Annotated 1953
63F-1-204, Utah Code Annotated 1953
63F-1-205, Utah Code Annotated 1953
63F-1-206, Utah Code Annotated 1953
63F-1-207, Utah Code Annotated 1953
63F-1-208, Utah Code Annotated 1953
63F-1-209, Utah Code Annotated 1953
63F-1-301, Utah Code Annotated 1953
63F-1-302, Utah Code Annotated 1953
63F-1-303, Utah Code Annotated 1953
63F-1-401, Utah Code Annotated 1953
63F-1-402, Utah Code Annotated 1953
63F-1-403, Utah Code Annotated 1953
63F-1-404, Utah Code Annotated 1953
63F-1-501, Utah Code Annotated 1953
63F-1-502, Utah Code Annotated 1953
63F-1-503, Utah Code Annotated 1953
63F-1-504, Utah Code Annotated 1953
63F-1-505, Utah Code Annotated 1953
63F-1-601, Utah Code Annotated 1953
63F-1-602, Utah Code Annotated 1953
63F-1-603, Utah Code Annotated 1953
63F-1-604, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63A-6-108, (Renumbered from 63D-1a-307, as enacted by Chapter 209, Laws of Utah
2003)
63F-1-506, (Renumbered from 63A-6-202, as enacted by Chapter 212, Laws of Utah
1993)
63F-1-507, (Renumbered from 63A-6-203, as last amended by Chapter 225, Laws of
Utah 2002)
63F-1-508, (Renumbered from 63A-6-204, as enacted by Chapter 375, Laws of Utah
1999)
REPEALS:
63A-6-201, as renumbered and amended by Chapter 212, Laws of Utah 1993
63D-1a-301, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-302, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-303, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-304, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-305, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-306, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-308, as enacted by Chapter 209, Laws of Utah 2003
63D-1a-309, as enacted by Chapter 209, Laws of Utah 2003
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-301.5 is amended to read:
10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
plan in certain municipalities.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter
2, Local Districts, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modification
because of an intended use of land; or
(B) that has filed with the municipality a copy of the entity's general or long-range plan.
(ii) "Affected entity" does not include the municipality that is required under this section
to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) Before preparing a proposed general plan or amendments to an existing general plan,
each municipality within a county of the first or second class shall provide written notice, as
provided in this section, of its intent to prepare a proposed general plan or amendments to a
general plan.
(3) Each notice under Subsection (2) shall:
(a) indicate that the municipality intends to prepare a general plan or amendments to a
general plan, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendments to a general plan;
(c) be sent to:
(i) each affected entity;
(ii) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(iii) the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
and
(iv) the state planning coordinator appointed under Section 63-38d-202 ;
(d) with respect to the notice to affected entities, invite the affected entities to provide
information for the municipality to consider in the process of preparing, adopting, and
implementing a general plan or amendments to a general plan concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendments to a
general plan may have on the affected entity; and
(ii) uses of land within the municipality that the affected entity is planning or considering
that may conflict with the proposed general plan or amendments to the general plan; and
(e) include the address of an Internet website, if the municipality has one, and the name
and telephone number of a person where more information can be obtained concerning the
municipality's proposed general plan or amendments to a general plan.
Section 2. Section 11-36-201 is amended to read:
11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
Summary -- Exemptions.
(1) (a) Each local political subdivision and private entity shall comply with the
requirements of this chapter before establishing or modifying any impact fee.
(b) A local political subdivision may not:
(i) establish any new impact fees that are not authorized by this chapter; or
(ii) impose or charge any other fees as a condition of development approval unless those
fees are a reasonable charge for the service provided.
(c) Notwithstanding any other requirements of this chapter, each local political
subdivision shall ensure that each existing impact fee that is charged for any public facility not
authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
(d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
that are charged by local political subdivisions need not comply with the requirements of this
chapter until July 1, 1997.
(ii) By July 1, 1997, each local political subdivision shall:
(A) review any impact fees in existence as of the effective date of this act, and prepare
and approve the analysis required by this section for each of those impact fees; and
(B) ensure that the impact fees comply with the requirements of this chapter.
(2) (a) Before imposing impact fees, each local political subdivision shall prepare a
capital facilities plan.
(b) (i) As used in this Subsection (2)(b):
(A) (I) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter
2, Local Districts, school district, interlocal cooperation entity established under Chapter 13,
Interlocal Cooperation Act, and specified public utility:
(Aa) whose services or facilities are likely to require expansion or significant
modification because of the facilities proposed in the proposed capital facilities plan; or
(Bb) that has filed with the local political subdivision or private entity a copy of the
general or long-range plan of the county, municipality, independent special district, local district,
school district, interlocal cooperation entity, or specified public utility.
(II) "Affected entity" does not include the local political subdivision or private entity that
is required under this Subsection (2) to provide notice.
(B) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(ii) Before preparing a capital facilities plan for facilities proposed on land located within
a county of the first or second class, each local political subdivision and each private entity shall
provide written notice, as provided in this Subsection (2)(b), of its intent to prepare a capital
facilities plan.
(iii) Each notice under Subsection (2)(b)(ii) shall:
(A) indicate that the local political subdivision or private entity intends to prepare a
capital facilities plan;
(B) describe or provide a map of the geographic area where the proposed capital facilities
will be located;
(C) be sent to:
(I) each county in whose unincorporated area and each municipality in whose boundaries
is located the land on which the proposed facilities will be located;
(II) each affected entity;
(III) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(IV) the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to be
located; and
(V) the state planning coordinator appointed under Section 63-38d-202 ; and
(D) with respect to the notice to affected entities, invite the affected entities to provide
information for the local political subdivision or private entity to consider in the process of
preparing, adopting, and implementing a capital facilities plan concerning:
(I) impacts that the facilities proposed in the capital facilities plan may have on the
affected entity; and
(II) facilities or uses of land that the affected entity is planning or considering that may
conflict with the facilities proposed in the capital facilities plan.
(c) The plan shall identify:
(i) demands placed upon existing public facilities by new development activity; and
(ii) the proposed means by which the local political subdivision will meet those
demands.
(d) Municipalities and counties need not prepare a separate capital facilities plan if the
general plan required by Sections 10-9-301 and 17-27-301 contains the elements required by
Subsection (2)(c).
(e) (i) If a local political subdivision prepares an independent capital facilities plan rather
than including a capital facilities element in the general plan, the local political subdivision shall,
before adopting the capital facilities plan:
(A) give public notice of the plan according to this Subsection (2)(e);
(B) at least 14 days before the date of the public hearing:
(I) make a copy of the plan, together with a summary designed to be understood by a lay
person, available to the public; and
(II) place a copy of the plan and summary in each public library within the local political
subdivision; and
(C) hold a public hearing to hear public comment on the plan.
(ii) Municipalities shall comply with the notice and hearing requirements of, and, except
as provided in Subsection 11-36-401 (4)(f), receive the protections of, Subsections 10-9-103 (2)
and 10-9-402 (2).
(iii) Counties shall comply with the notice and hearing requirements of, and, except as
provided in Subsection 11-36-401 (4)(f), receive the protections of, Subsections 17-27-103 (2) and
17-27-402 (2).
(iv) Special districts and private entities shall comply with the notice and hearing
requirements of, and receive the protections of, Section 17A-1-203 .
(v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
commission in the capital facilities planning process.
(f) (i) Local political subdivisions with a population or serving a population of less than
5,000 as of the last federal census need not comply with the capital facilities plan requirements of
this part, but shall ensure that the impact fees imposed by them are based upon a reasonable plan.
(ii) Subsection (2)(f)(i) does not apply to private entities.
(3) In preparing the plan, each local political subdivision shall generally consider all
revenue sources, including impact fees, to finance the impacts on system improvements.
(4) A local political subdivision may only impose impact fees on development activities
when its plan for financing system improvements establishes that impact fees are necessary to
achieve an equitable allocation to the costs borne in the past and to be borne in the future, in
comparison to the benefits already received and yet to be received.
(5) (a) Each local political subdivision imposing impact fees shall prepare a written
analysis of each impact fee that:
(i) identifies the impact on system improvements required by the development activity;
(ii) demonstrates how those impacts on system improvements are reasonably related to
the development activity;
(iii) estimates the proportionate share of the costs of impacts on system improvements
that are reasonably related to the new development activity; and
(iv) based upon those factors and the requirements of this chapter, identifies how the
impact fee was calculated.
(b) In analyzing whether or not the proportionate share of the costs of public facilities are
reasonably related to the new development activity, the local political subdivision shall identify,
if applicable:
(i) the cost of existing public facilities;
(ii) the manner of financing existing public facilities, such as user charges, special
assessments, bonded indebtedness, general taxes, or federal grants;
(iii) the relative extent to which the newly developed properties and the other properties
in the municipality have already contributed to the cost of existing public facilities, by such
means as user charges, special assessments, or payment from the proceeds of general taxes;
(iv) the relative extent to which the newly developed properties and the other properties
in the municipality will contribute to the cost of existing public facilities in the future;
(v) the extent to which the newly developed properties are entitled to a credit because the
municipality is requiring their developers or owners, by contractual arrangement or otherwise, to
provide common facilities, inside or outside the proposed development, that have been provided
by the municipality and financed through general taxation or other means, apart from user
charges, in other parts of the municipality;
(vi) extraordinary costs, if any, in servicing the newly developed properties; and
(vii) the time-price differential inherent in fair comparisons of amounts paid at different
times.
(c) Each local political subdivision that prepares a written analysis under this Subsection
(5) on or after July 1, 2000 shall also prepare a summary of the written analysis, designed to be
understood by a lay person.
(6) Each local political subdivision that adopts an impact fee enactment under Section
11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
to each public library within the local political subdivision:
(a) a copy of the written analysis required by Subsection (5)(a); and
(b) a copy of the summary required by Subsection (5)(c).
(7) Nothing in this chapter may be construed to repeal or otherwise eliminate any impact
fee in effect on the effective date of this act that is pledged as a source of revenues to pay bonded
indebtedness that was incurred before the effective date of this act.
Section 3. Section 17-27-301.5 is amended to read:
17-27-301.5. Notice of intent to prepare a general plan or amendments to a general
plan in certain counties.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter
2, Local Districts, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modification
because of an intended use of land; or
(B) that has filed with the county a copy of the entity's general or long-range plan.
(ii) "Affected entity" does not include the county that is required under this section to
provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) Before preparing a proposed general plan or amendments to an existing general plan,
each county of the first or second class shall provide written notice, as provided in this section, of
its intent to prepare a proposed general plan or amendments to a general plan.
(3) Each notice under Subsection (2) shall:
(a) indicate that the county intends to prepare a general plan or amendments to a general
plan, as the case may be;
(b) describe or provide a map of the geographic area that will be affected by the general
plan or amendments to a general plan;
(c) be sent to:
(i) each affected entity;
(ii) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(iii) the association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
(iv) the state planning coordinator appointed under Section 63-38d-202 ;
(d) with respect to the notice to affected entities, invite the affected entities to provide
information for the county to consider in the process of preparing, adopting, and implementing a
general plan or amendments to a general plan concerning:
(i) impacts that the use of land proposed in the proposed general plan or amendments to a
general plan may have on the affected entity; and
(ii) uses of land within the county that the affected entity is planning or considering that
may conflict with the proposed general plan or amendments to the general plan; and
(e) include the address of an Internet website, if the county has one, and the name and
telephone number of a person where more information can be obtained concerning the county's
proposed general plan or amendments to a general plan.
Section 4. Section 17A-2-104 is amended to read:
17A-2-104. Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, independent special district
under this chapter, local district under Title 17B, Chapter 2, Local Districts, school district,
interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modification
because of an intended use of land; or
(B) that has filed with the independent special district a copy of the general or long-range
plan of the county, municipality, independent special district, local district, school district,
interlocal cooperation entity, or specified public utility.
(ii) "Affected entity" does not include the independent special district that is required
under this section to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) (a) If an independent special district under this chapter located in a county of the first
or second class prepares a long-range plan regarding its facilities proposed for the future or
amends an already existing long-range plan, the independent special district shall, before
preparing a long-range plan or amendments to an existing long-range plan, provide written
notice, as provided in this section, of its intent to prepare a long-range plan or to amend an
existing long-range plan.
(b) Each notice under Subsection (2) shall:
(i) indicate that the independent special district intends to prepare a long-range plan or to
amend a long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) each affected entity;
(C) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(D) each association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
described in Subsection (2)(b)(iii)(A) is a member; and
(E) the state planning coordinator appointed under Section 63-38d-202 ;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the independent special
district to consider in the process of preparing, adopting, and implementing the long-range plan
or amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the independent special district has one,
and the name and telephone number of a person where more information can be obtained
concerning the independent special district's proposed long-range plan or amendments to a
long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each independent special district
intending to acquire real property in a county of the first or second class for the purpose of
expanding the district's infrastructure or other facilities used for providing the services that the
district is authorized to provide shall provide written notice, as provided in this Subsection (3), of
its intent to acquire the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan; or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the independent special district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63-2-304 (7).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the independent
special district previously provided notice under Subsection (2) identifying the general location
within the municipality or unincorporated part of the county where the property to be acquired is
located.
(ii) If an independent special district is not required to comply with the notice
requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the independent
special district shall provide the notice specified in Subsection (3)(a) as soon as practicable after
its acquisition of the real property.
Section 5. Section 17B-2-104 is amended to read:
17B-2-104. Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under this chapter,
school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modification
because of an intended use of land; or
(B) that has filed with the local district a copy of the general or long-range plan of the
county, municipality, independent special district, local district, school district, interlocal
cooperation entity, or specified public utility.
(ii) "Affected entity" does not include the local district that is required under this section
to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) (a) If a local district under this chapter located in a county of the first or second class
prepares a long-range plan regarding its facilities proposed for the future or amends an already
existing long-range plan, the local district shall, before preparing a long-range plan or
amendments to an existing long-range plan, provide written notice, as provided in this section, of
its intent to prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the local district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) each affected entity;
(C) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(D) each association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
described in Subsection (2)(b)(iii)(A) is a member; and
(E) the state planning coordinator appointed under Section 63-38d-202 ;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the local district has one, and the name
and telephone number of a person where more information can be obtained concerning the local
district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
real property in a county of the first or second class for the purpose of expanding the district's
infrastructure or other facilities used for providing the services that the district is authorized to
provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire the
property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan; or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the local district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63-2-304 (7).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a local district is not required to comply with the notice requirement of Subsection
(3)(a) because of application of Subsection (3)(d)(i), the local district shall provide the notice
specified in Subsection (3)(a) as soon as practicable after its acquisition of the real property.
Section 6. Section 20A-5-303 is amended to read:
20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
Common polling places -- Combined voting precincts -- Counties.
(1) (a) After receiving recommendations from the county clerk, the county legislative
body may establish, divide, abolish, and change voting precincts.
(b) Within 30 days after the establishment, division, abolition, or change of a voting
precinct under this section, the county legislative body shall file with the Automated Geographic
Reference Center, created under Section [
taken and specifying the resulting boundaries of each voting precinct affected by the action.
(2) (a) The county legislative body shall alter or divide voting precincts so that each
voting precinct contains not more than 1,000 active voters.
(b) The county legislative body shall:
(i) identify those precincts that may reach 1,000 active voters or become too large to
facilitate the election process; and
(ii) divide those precincts before February 1.
(3) The county legislative body may not:
(a) establish or abolish any voting precinct after February 1 of a regular general election
year; or
(b) alter or change the boundaries of any voting precinct after February 1 of a regular
general election year.
(4) For the purpose of balloting on regular primary or regular general election day, the
county legislative body may establish a common polling place for two or more whole voting
precincts according to the following requirements:
(a) the total population of the voters authorized to vote at the common polling place may
not exceed 4,000 active voters; and
(b) the voting precincts voting at, and the location of, the common polling place shall be
designated at least 90 days before the election.
(5) (a) In addition to the requirements contained in Subsection (4), in regular primary
elections only, the county legislative body may combine voting precincts and use one set of
election judges for the combined precincts if the ballots for each of the combined precincts are
identical.
(b) Notwithstanding Subsection (5)(a), the county legislative body in a fourth, fifth, or
sixth class county may, in any election, combine voting precincts and use one set of election
judges for the combined precincts if the ballots for each of the combined precincts are identical.
Section 7. Section 20A-13-104 is amended to read:
20A-13-104. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a representative whose Congressional district boundary is uncertain because the
identifying feature used to establish the district boundary has been removed, modified, or is
unable to be identified or who is uncertain about whether or not he or another person resides in a
particular Congressional district;
(b) a candidate for Congressional representative whose Congressional district boundary
is uncertain because the identifying feature used to establish the district boundary has been
removed, modified, or is unable to be identified or who is uncertain about whether or not he or
another person resides in a particular Congressional district; or
(c) a person who is uncertain about which Congressional district contains the person's
residence because the identifying feature used to establish the district boundary has been
removed, modified, or is unable to be identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor to
determine:
(i) the precise location of the Congressional district boundary;
(ii) the number of the Congressional district in which a person resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review the official maps and obtain and review other relevant data such as census
block and tract descriptions, aerial photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review the
maps, obtain and review any relevant data, and make a determination.
(d) When the lieutenant governor determines the location of the Congressional district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Automated Geographic Reference Center created under Section [
63F-1-506 .
(e) If the lieutenant governor determines the number of the Congressional district in
which a particular person resides, the lieutenant governor shall send a letter identifying that
district by number to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whose
Congressional district number was identified; and
(iii) the county clerk of the affected county.
Section 8. Section 20A-14-102.2 is amended to read:
20A-14-102.2. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a state school board member whose state school board district boundary is uncertain
because the identifying feature used to establish the district boundary has been removed,
modified, or is unable to be identified or who is uncertain about whether or not he or another
person resides in a particular state board district;
(b) a candidate for state school board whose state board district boundary is uncertain
because the identifying feature used to establish the district boundary has been removed,
modified, or is unable to be identified or who is uncertain about whether or not he or another
person resides in a particular state board district; or
(c) a person who is uncertain about which state board district contains the person's
residence because the identifying feature used to establish the district boundary has been
removed, modified, or is unable to be identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor to
determine:
(i) the precise location of the state board district boundary;
(ii) the number of the state board district in which a person resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review the official maps and obtain and review other relevant data such as aerial
photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review the
maps, obtain and review any relevant data, and make a determination.
(d) If the lieutenant governor determines the precise location of the state board district
boundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Automated Geographic Reference Center created under Section [
63F-1-506 .
(e) If the lieutenant governor determines the number of the state board district in which a
particular person resides, the lieutenant governor shall send a letter identifying that district by
number to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whose state
board district number was identified; and
(iii) the county clerk of the affected county.
Section 9. Section 36-1-105 is amended to read:
36-1-105. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a senator whose Utah State Senate district boundary is uncertain because the
identifying feature used to establish the district boundary has been removed, modified, or is
unable to be identified or who is uncertain about whether or not he or another person resides in a
particular Senate district;
(b) a candidate for senator whose Senate district boundary is uncertain because the
identifying feature used to establish the district boundary has been removed, modified, or is
unable to be identified or who is uncertain about whether or not he or another person resides in a
particular Senate district; or
(c) a person who is uncertain about which Senate district contains the person's residence
because the identifying feature used to establish the district boundary has been removed,
modified, or is unable to be identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor to
determine:
(i) the precise location of the Senate district boundary;
(ii) the number of the Senate district in which a person resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review the official maps and obtain and review other relevant data such as census
block and tract descriptions, aerial photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review the
maps, obtain and review any relevant data, and make a determination.
(d) When the lieutenant governor determines the location of the Senate district boundary,
the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Automated Geographic Reference Center created under Section [
63F-1-506 .
(e) If the lieutenant governor determines the number of the Senate district in which a
particular person resides, the lieutenant governor shall send a letter identifying that district by
number to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whose Senate
district number was identified; and
(iii) the county clerk of the affected county.
Section 10. Section 36-1-204 is amended to read:
36-1-204. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a representative whose Utah House of Representatives district boundary is uncertain
because the identifying feature used to establish the district boundary has been removed,
modified, or is unable to be identified or who is uncertain about whether or not he or another
person resides in a particular House district;
(b) a candidate for representative whose House district boundary is uncertain because the
identifying feature used to establish the district boundary has been removed, modified, or is
unable to be identified or who is uncertain about whether or not he or another person resides in a
particular House district; or
(c) a person who is uncertain about which House district contains the person's residence
because the identifying feature used to establish the district boundary has been removed,
modified, or is unable to be identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor to
determine:
(i) the precise location of the House district boundary;
(ii) the number of the House district in which a person resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
governor shall review the official maps and obtain and review other relevant data such as census
block and tract descriptions, aerial photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review the
maps, obtain and review any relevant data, and make a determination.
(d) When the lieutenant governor determines the location of the House district boundary,
the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
necessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Automated Geographic Reference Center created under Section [
63F-1-506 .
(e) If the lieutenant governor determines the number of the House district in which a
particular person resides, the lieutenant governor shall send a letter identifying that district by
number to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whose House
district number was identified; and
(iii) the county clerk of the affected county.
Section 11. 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
63D-1a-308 .
(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 12. 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 13. 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 Technology Commission established by Section 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 Technology Commission for its review and suggestions.
(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 14. Section 46-4-503 is amended to read:
46-4-503. Government products and services provided electronically.
(1) Notwithstanding Section 46-4-501 , a state governmental agency that administers one
or more of the following transactions shall allow those transactions to be conducted
electronically:
(a) an application for or renewal of a professional or occupational license issued under
Title 58, Occupations and Professions;
(b) the renewal of a drivers license;
(c) an application for a hunting or fishing license;
(d) the filing of:
(i) a return under Title 59, Chapter 10, Individual Income Tax Act or 12, Sales and Use
Tax Act;
(ii) a court document, as defined by the Judicial Council; or
(iii) a document under Title 70A, Uniform Commercial Code;
(e) a registration for:
(i) a product; or
(ii) a brand;
(f) a renewal of a registration of a motor vehicle;
(g) a registration under:
(i) Title 16, Corporations;
(ii) Title 42, Names; or
(iii) Title 48, Partnership; or
(h) submission of an application for benefits:
(i) under Title 35A, Chapter 3, Employment Support Act;
(ii) under Title 35A, Chapter 4, Employment Security Act; or
(iii) related to accident and health insurance.
(2) The state system of public education, in coordination with the Utah Education
Network, shall make reasonable progress toward making the following services available
electronically:
(a) secure access by parents and students to student grades and progress reports;
(b) e-mail communications with:
(i) teachers;
(ii) parent-teacher associations; and
(iii) school administrators;
(c) access to school calendars and schedules; and
(d) teaching resources that may include:
(i) teaching plans;
(ii) curriculum guides; and
(iii) media resources.
(3) A state governmental agency 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 transactions listed in Subsections (1) and (2), determine any
additional services that may be made available to the public through electronic means; and
(c) as part of the agency's information technology plan required by Section [
63F-1-204 , report on the progress of compliance with Subsections (1) through (3).
(4) Notwithstanding the other provisions of this part, a state governmental agency is not
required by this part to conduct a transaction electronically if:
(a) conducting the transaction electronically is not required by federal law; and
(b) conducting the transaction electronically is:
(i) impractical;
(ii) unreasonable; or
(iii) not permitted by laws pertaining to privacy or security.
(5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
access to diverse services and agencies at one location including virtual colocation.
(b) State agencies that provide services or offer direct assistance to the business
community shall participate in the establishment, maintenance, and enhancement of an integrated
Utah business web portal known as Business.utah.gov. The purpose of the business web portal is
to provide "one-stop shop" assistance to businesses.
(c) State agencies shall partner with other governmental and nonprofit agencies whose
primary mission is to provide services or offer direct assistance to the business community in
Utah in fulfilling the requirements of this section.
(d) The following state agencies shall comply with the provisions of this Subsection (5):
(i) Department of Community and Economic Development, which shall serve as the
managing partner for the website;
(ii) Department of Workforce Services;
(iii) Department of Commerce;
(iv) Tax Commission;
(v) Department of Administrative Services - Division of Purchasing and General
Services, including other state agencies operating under a grant of authority from the division to
procure goods and services in excess of $5,000;
(vi) Department of Agriculture;
(vii) Department of Natural Resources; and
(viii) other state agencies that provide services or offer direct assistance to the business
sector.
(e) The business services available on the business web portal may include:
(i) business life cycle information;
(ii) business searches;
(iii) employment needs and opportunities;
(iv) motor vehicle registration;
(v) permit applications and renewal;
(vi) tax information;
(vii) government procurement bid notifications;
(viii) general business information;
(ix) business directories; and
(x) business news.
Section 15. Section 53-1-106 is amended to read:
53-1-106. Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6, Traffic Rules
and Regulations, including:
(i) setting performance standards for towing companies to be used by the department, as
required by Section 41-6-102.5 ; and
(ii) advising the Department of Transportation regarding the safe design and operation of
school buses, as required by Section 41-6-115 ;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211 ;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Department of [
contracts, establish priorities, and develop funding mechanisms for dispatch and
telecommunications operations[
(e) provide assistance to the Crime Victims' Reparations Board and Reparations Office in
conducting research or monitoring victims' programs, as required by Section 63-25a-405 ;
(f) develop sexual assault exam protocol standards in conjunction with the Utah Hospital
Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning and
Community Right to Know Act of 1986, as required by Section 63-5-5 ;
(h) implement the provisions of Section 53-2-202 , the Emergency Management
Assistance Compact; and
(i) (i) maintain a database of the information listed below regarding each driver license or
state identification card status check made by a law enforcement officer:
(A) the agency employing the law enforcement officer;
(B) the name of the law enforcement officer or the identifying number the agency has
assigned to the law enforcement officer;
(C) the race and gender of the law enforcement officer;
(D) the purpose of the law enforcement officer's status check, including but not limited to
a traffic stop or a pedestrian stop; and
(E) the race of the individual regarding whom the status check is made, based on the
information provided through the application process under Section 53-3-205 or 53-3-804 ;
(ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
Criminal and Juvenile Justice for the purpose of:
(A) evaluating the data;
(B) evaluating the effectiveness of the data collection process; and
(C) reporting and making recommendations to the Legislature; and
(iii) classify any personal identifying information of any individual, including law
enforcement officers, in the database as protected records under Subsection 63-2-304 (9).
(2) (a) The department may establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) The fees shall be established in accordance with Section 63-38-3.2 .
Section 16. Section 53-10-601 is amended to read:
53-10-601. Utah 911 Committee.
(1) There is created within the division, the Utah 911 Committee consisting of the
following 15 members:
(a) a representative from each of the following primary emergency public safety
answering points:
(i) Salt Lake County;
(ii) Davis County;
(iii) Utah County; and
(iv) Weber County;
(b) four members representing the following primary emergency public safety answering
points:
(i) Bear River Association;
(ii) Uintah Basin Association;
(iii) South East Association;
(iv) Six County Association;
(v) Five County Association; and
(vi) Mountainlands Association, not including Utah County;
(c) the following people with knowledge of technology and equipment that might be
needed for an emergency public safety answering system:
(i) a representative from a local exchange carrier;
(ii) a representative from a rural incumbent local exchange carrier; and
(iii) two representatives from radio communications services as defined in Section
69-2-2 ;
(d) two representatives from the Department of Public Safety, one of whom represents
urban Utah and the other rural Utah; and
(e) a representative from the [
of Technology Services, created in Title 63F, Chapter 1.
(2) (a) Each committee member shall be appointed as follows:
(i) a member described in Subsection (1)(a) shall be appointed by the governor from a
nominee or nominees submitted to the governor by the council of government for that member's
county;
(ii) the four members described in Subsection (1)(b) shall be appointed by the governor
from a nominee or nominees submitted to the governor by the associations described in
Subsection (1)(b) as follows[
(A) the six associations shall select by lot, the first four associations to begin the rotation
of membership as required by Subsection (2)(b)(i); and
(B) as each association is represented on the commission in accordance with Subsection
(2)(b)(i), that association shall select the person to represent it on the commission;
(iii) the members described in Subsection (1)(c) shall be appointed by the governor with
the consent of the Senate; and
(iv) the members described in Subsections (1)(d) and (e) shall be appointed by the
governor.
(b) The term of office of each member is four years, except as provided in Subsections
(2)(b)(ii) through (iv).
(i) The representatives from Subsection (1)(b) must rotate to provide each geographic
location at least one representative every four years, except as provided for the initial
appointment under Subsection (2)(b)(ii).
(ii) The associations listed in Subsection (1)(b) shall select by lot, two of its members to
an initial two-year term.
(iii) The governor shall appoint two representatives from Subsection (1)(c) to initial
two-year terms.
(iv) The public service answering points listed in Subsection (1)(a) shall, by lot, select
two members to serve an initial two-year term.
(c) No member of the committee may serve more that two consecutive four-year terms.
(d) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
an appointment under Subsection (2)(a).
(3) (a) Committee members shall elect a chair from their number and establish rules for
the organization and operation of the committee, with the chair rotating among representatives
from Subsections (1)(a), (b), and (d) every year.
(b) Staff services to the committee:
(i) shall be provided by the division; and
(ii) may be provided by local entities through the Utah Association of Counties and the
Utah League of Cities and Towns.
(c) Funding for staff services shall be provided with funds approved by the committee
from those identified under Section 53-10-605 .
(4) (a) No member may receive compensation or benefits for the member's service on the
committee.
(b) A member is not required to give bond for the performance of official duties.
Section 17. Section 53-10-605 is amended to read:
53-10-605. Use of money in fund -- Criteria -- Administration.
(1) Subject to an annual legislative appropriation from the fund to:
(a) the committee, the committee shall:
(i) authorize the use of the money in the fund, by grant to a local entity or state agency in
accordance with this Subsection (1) and Subsection (2);
(ii) grant to state agencies and local entities an amount not to exceed the per month fee
levied on telephone services under Section 69-2-5.6 for installation, implementation, and
maintenance of unified, statewide 911 emergency services and technology; and
(iii) in addition to any money under Subsection (1)(a)(ii), grant to counties of the third
through sixth class the amount dedicated for rural assistance, which is at least 3 cents per month
levied on telephone services under Section 69-2-5.6 to:
(A) enhance the 911 emergency services with a focus on areas or counties that do not
have E-911 services; and
(B) where needed, assist the counties, in cooperation with private industry, with the
creation or integration of wireless systems and location technology in rural areas of the state; and
(b) the committee, the committee shall:
(i) include reimbursement to a provider of radio communications service, as defined in
Section 69-2-2 , for costs as provided in Subsections (1)(b)(ii) and (iii);
(ii) an agreement to reimburse costs to a provider of radio communications services must
be a written agreement among the committee, the local public safety answering point and the
carrier; and
(iii) shall include reimbursement to the provider for the cost of design, development, and
implementation of equipment or software necessary to provide Phase I, wireless E-911 service to
public service answering points, provided:
(A) the reimbursement under this Subsection (1)(b) does not exceed the amount allowed
by Subsection 53-10-602 (3);
(B) the provider submits an invoice for the reimbursement to the committee; and
(C) the provider has not been reimbursed by the consumer for the costs submitted to the
committee; and
(c) the state's Automated Geographic Reference Center in the [
Services, an amount equal to 1 cent per month levied on telephone services under Section
69-2-5.6 shall be used to enhance and upgrade statewide digital mapping standards.
(2) (a) Beginning July 1, 2007, the committee may not grant the money in the fund to a
local entity unless the local entity is in compliance with Phase I, wireless E-911 service.
(b) Beginning July 1, 2009, the committee may not grant money in the fund to a local
entity unless the local entity is in compliance with Phase II, wireless E-911 service.
(3) A local entity must deposit any money it receives from the committee into a special
emergency telephone service fund in accordance with Subsection 69-2-5 (4).
(4) For purposes of this part, "local entity" means a county, city, town, special district,
local district, or interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
Section 18. Section 53A-2-123 is amended to read:
53A-2-123. Notice before preparing or amending a long-range plan or acquiring
certain property.
(1) As used in this section:
(a) "Affected entity" means each county, municipality, independent special district under
Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
Local Districts, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
Cooperation Act, and specified public utility:
(i) whose services or facilities are likely to require expansion or significant modification
because of an intended use of land; or
(ii) that has filed with the school district a copy of the general or long-range plan of the
county, municipality, independent special district, local district, school district, interlocal
cooperation entity, or specified public utility.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) (a) If a school district located in a county of the first or second class prepares a
long-range plan regarding its facilities proposed for the future or amends an already existing
long-range plan, the school district shall, before preparing a long-range plan or amendments to an
existing long-range plan, provide written notice, as provided in this section, of its intent to
prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the school district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) each affected entity;
(C) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(D) each association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
described in Subsection (2)(b)(iii)(A) is a member; and
(E) the state planning coordinator appointed under Section 63-38d-202 ;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the school district has one, and the name
and telephone number of a person where more information can be obtained concerning the
school district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each school district intending to acquire
real property in a county of the first or second class for the purpose of expanding the district's
infrastructure or other facilities shall provide written notice, as provided in this Subsection (3), of
its intent to acquire the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan; or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the school district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63-2-304 (7).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a school district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall provide
the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
property.
Section 19. Section 54-3-28 is amended to read:
54-3-28. Notice required of certain public utilities before preparing or amending a
long-range plan or acquiring certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, independent special district
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter
2, Local Districts, school district, interlocal cooperation entity established under Title 11,
Chapter 13, Interlocal Cooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modification
because of expected uses of land under a proposed long-range plan or under proposed
amendments to a long-range plan; or
(B) that has filed with the specified public utility a copy of the general or long-range plan
of the county, municipality, independent special district, local district, school district, interlocal
cooperation entity, or specified public utility.
(ii) "Affected entity" does not include the specified public utility that is required under
Subsection (2) to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 54-2-1 .
(2) (a) If a specified public utility prepares a long-range plan regarding its facilities
proposed for the future in a county of the first or second class or amends an already existing
long-range plan, the specified public utility shall, before preparing a long-range plan or
amendments to an existing long-range plan, provide written notice, as provided in this section, of
its intent to prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2) shall:
(i) indicate that the specified public utility intends to prepare a long-range plan or to
amend a long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) each affected entity;
(C) the Automated Geographic Reference Center created in Section [
63F-1-506 ;
(D) each association of governments, established pursuant to an interlocal agreement
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
described in Subsection (2)(b)(iii)(A) is a member; and
(E) the state planning coordinator appointed under Section 63-38d-202 ;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
utility to consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the specified public utility has one, and
the name and telephone number of a person where more information can be obtained concerning
the specified public utility's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each specified public utility intending to
acquire real property in a county of the first or second class for the purpose of expanding its
infrastructure or other facilities used for providing the services that the specified public utility is
authorized to provide shall provide written notice, as provided in this Subsection (3), of its intent
to acquire the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan; or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the specified public utility intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63-2-304 (7).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified public
utility previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a specified public utility is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility shall
provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the
real property.
Section 20. Section 63-55b-163 is amended to read:
63-55b-163. Repeal dates, Title 63 and Title 63A.
(1) Section 63-38a-105 is repealed July 1, 2007.
(2) Sections 63-63b-101 and 63-63b-102 are repealed on July 1, 2007.
(3) Section 63A-1-110 is repealed July 1, 2006.
(4) Title 63A, Chapter 6, Part 1, Division of Information Technology Services, is
repealed on July 1, 2006.
Section 21. Section 63-56-9 is amended to read:
63-56-9. Duties of chief procurement officer.
Except as otherwise specifically provided in this chapter, the chief procurement officer
serves as the central procurement officer of the state and shall:
(1) adopt office policies governing the internal functions of the Division of Purchasing
and General Services;
(2) procure or supervise the procurement of all supplies, services, and construction
needed by the state;
(3) exercise general supervision and control over all inventories or supplies belonging to
the state;
(4) establish and maintain programs for the inspection, testing, and acceptance of
supplies, services, and construction;
(5) prepare statistical data concerning the procurement and usage of all supplies,
services, and construction;
(6) before June 1, 1990, notify all public procurement units of the requirements of
Section 63-56-20.7 regarding purchases of recycled paper and recycled paper products, recycling
requirements, and provide guidelines on the availability of recycled paper and paper products,
including the sources of supply and the potential uses of various grades of recycled paper;
(7) before July 1, 1992:
(a) establish standards and specifications for determining which supplies are considered
recycled, based upon his review of current definitions and standards employed by national
procurement, product recycling, and other relevant organizations and the federal Environmental
Protection Agency;
(b) compile and update as necessary the specifications, a list of recycled supplies
available on state contract, and sources where the supplies may be obtained;
(c) make the compiled information under Subsection (7)(b) available to:
(i) all local government entities under Section 11-37-101 ;
(ii) all local health departments under Section 26A-1-108.7 ;
(iii) all procurement officers or other persons responsible for purchasing supplies within
the public school system under Title 53A, State System of Public Education;
(iv) all procurement officers or other persons responsible for purchasing supplies within
the state system of higher education under Title 53B, State System of Higher Education; and
(v) all procurement officers or other persons responsible for purchasing supplies for all
public procurement units as defined in Section 63-56-5 ; and
(d) present a written report to the Natural Resources, Agriculture, and Environment
Interim Committee annually prior to November 30 regarding the purchases of recycled goods on
state contracts during the prior fiscal year; and
(8) ensure that:
(a) before approving a purchase, lease, or rental not covered by an existing statewide
contract for information technology or telecommunications supplies or services [
provided in writing to the division, that the needs analysis required in Section 63F-1-205 was
completed; and
(b) the oversight authority required by Subsection (8)(a) is not delegated outside the
Division of Purchasing and General Services.
Section 22. Section 63A-1-108 is amended to read:
63A-1-108. Powers and duties of other agencies assigned to executive director.
Powers and duties assigned by other provisions of this title to the Division of Finance, the
State Building Board, [
divisions of the department, and not specifically assigned by this chapter, shall be assigned to the
executive director with the approval of the governor.
Section 23. Section 63A-1-109 is amended to read:
63A-1-109. Divisions of department -- Administration.
(1) The department shall be composed of the following divisions:
(a) administrative rules;
(b) archives and records;
(c) facilities construction and management;
(d) finance;
(e) fleet operations;
[
[
[
[
[
(2) Each division shall be administered and managed by a division director.
Section 24. Section 63A-1-114 is amended to read:
63A-1-114. Rate Committee -- Membership -- Duties.
(1) (a) There is created a Rate Committee which shall consist of:
(i) the director of the Governor's Office of Planning and Budget, or a designee;
(ii) the executive directors of three state agencies that use services and pay rates to one of
the department internal service funds, or their designee, appointed by the governor for a two-year
term;
(iii) the executive director of the Department of Administrative Services, or a designee;
(iv) the director of the Division of Finance, or a designee; and
(v) the chief information officer.
(b) (i) The committee shall elect a chair from its members.
(ii) Members of the committee who are state government employees and who do not
receive salary, per diem, or expenses from their agency for their service on the committee shall
receive no compensation, benefits, per diem, or expenses for the members' service on the
committee.
(c) The Department of Administrative Services shall provide staff services to the
committee.
(2) (a) The internal service funds managed by the following divisions shall submit to the
committee a proposed rate and fee schedule for services rendered by the divisions to an executive
branch entity or an entity that subscribes to services rendered by the division, the:
(i) Division of Facilities Construction and Management;
(ii) Division of Fleet Operations;
(iii) Division of Purchasing and General Services; and
[
[
(b) The committee shall:
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings;
(ii) review the proposed rate and fee schedules and may approve, increase, or decrease
the rate and fee;
(iii) recommend a proposed rate and fee schedule for each internal service fund to:
(A) the Governor's Office of Planning and Budget; and
(B) the legislative appropriations subcommittees that, in accordance with Section
63-38-3.5 , approve the internal service fund agency's rates, fees, and budget; and
(iv) review and approve, increase or decrease an interim rate, fee, or amount when an
internal service fund agency begins a new service or introduces a new product between annual
general sessions of the Legislature.
(c) The committee may in accordance with Subsection 63-38-3.5 (4) decrease a rate, fee,
or amount that has been approved by the Legislature.
Section 25. Section 63A-6-101.5 is amended to read:
63A-6-101.5. Definitions.
As used in this chapter:
(1) "Chief information officer" means the chief information officer appointed under
Section [
(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 [
(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 26. Section 63A-6-103 is amended to read:
63A-6-103. Duties of the division.
The division shall:
(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 [
(3) coordinate the development and implementation of advanced state
telecommunication systems;
(4) provide services including technical 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 information technology; or
(ii) governmental telecommunication systems; and
(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 that are used in the delivery of services for state government or
its political subdivisions;
(8) in accordance with the executive branch strategic plan, implement minimum
standards to be used by the division for purposes of compatibility of procedures, programming
languages, codes, and media that facilitate the exchange of information within and among
telecommunication systems; and
(9) assist executive branch agencies in complying with the requirements of any rule
adopted by the chief information officer in accordance with Section [
Section 27. Section 63A-6-105 is amended to read:
63A-6-105. Duties of director -- Fees -- Rate Committee -- Advisory committee.
(1) The director shall:
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective
information technology and telecommunication services for:
(i) all executive branch agencies; and
(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
information technology or telecommunication services or facilities in accordance with
Subsection (7).
(3) Where practical, efficient, and economically beneficial, the director shall use existing
private and public information technology or telecommunication resources.
(4) (a) [
information officer a written analysis of any agency information technology plan provided to the
division by the chief information officer with the information requested by the chief information
officer in accordance with Subsection 63F-1-504 (3).
(b) In accordance with Section [
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.
(c) Before charging a fee to an executive branch agency, or to a subscriber of services
other than an executive branch agency, the director shall:
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
in Section 63A-1-114 ; and
(ii) obtain the approval of the Legislature as required by Section 63-38-3.5 .
(d) The director shall conduct a market analysis by July 1, 2005, and periodically
thereafter, of proposed rates and fees, which analysis shall include a comparison of the division's
rates with the fees of other public or private sector providers where comparable services and rates
are reasonably available.
(6) (a) The director shall create advisory committees composed of representatives of user
agencies.
(b) Those advisory committees may recommend policies and practices for the efficient
and effective operation of the division.
(7) Before negotiating a purchase, lease, or rental under Subsection (2) for an amount
that exceeds the value established by policy in accordance with Section 63A-1-110 , the director
shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
services and the ability of the proposed information technology or telecommunications services
or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract, provide
in writing to the chief procurement officer in the Division of Purchasing and General Services
that:
(i) the analysis required in Subsection (7)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
services, products, or supplies is practical, efficient, and economically beneficial to the state and
the executive branch agency or subscriber of services.
Section 28. Section 63A-6-108 , which is renumbered from Section 63D-1a-307 is
renumbered and amended to read:
[
(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 [
(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 [
(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 [
63F-1-204 .
(4) (a) The division shall assist the chief information officer with restructuring the state's
information technology governance in accordance with Title 63F, Utah Technology Governance
Act.
(b) Beginning July 1, 2005 and until the repeal of this chapter on July 1, 2006, the
division shall systematically transfer all the powers and duties granted to the division under this
chapter to the chief information officer and the Department of Technology Services in
accordance with the chief information officer's plan developed in accordance with uncodified
Section 69, Transition to new department, and as provided in Title 63F, Utah Technology
Governance Act.
(c) Notwithstanding the provisions of Section 63-38-8.2 , on July 1, 2006, any authority
to acquire capital assets, which has been granted nonlapsing authority under the provisions of
Section 63-38-8.2 , and which is held by the division shall be transferred to the Department of
Technology Services.
Section 29. Section 63D-1a-102 is amended 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 [
(3) "Commission" means the Utah Technology Commission created in Section
63D-1a-201 .
[
[
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.
[
created under Section [
[
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[
[
[
[
[
[
[
[
[
[
[
[
[
Section 30. Section 63F-1-101 is enacted to read:
63F-1-101. Title.
(1) This title is known as the "Utah Technology Governance Act."
(2) This chapter is known as the "Department of Technology Services."
Section 31. Section 63F-1-102 is enacted to read:
63F-1-102. Definitions.
As used in this title:
(1) "Board" means the Technology Advisory Board created in Section 63F-1-202 .
(2) "Chief information officer" means the chief information officer appointed under
Section 63F-1-201 .
(3) "Commission" means the Utah Technology Commission created in Section
63D-1a-201 .
(4) "Computer center" means the location at which a central data processing platform is
managed to serve multiple executive branch agencies.
(5) "Data center" means a centralized repository for the storage, management, and
dissemination of data.
(6) "Department" means the Department of Technology Services.
(7) (a) Except as provided in Subsection (7)(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 branch;
(iii) the State Board of Education;
(iv) the Board of Regents;
(v) institutions of higher education;
(vi) independent entities as defined in Section 63E-1-102 ; and
(vii) elective constitutional offices of the executive department which includes:
(A) the state auditor;
(B) the state treasurer; and
(C) the attorney general.
(8) "Executive branch strategic plan" means the executive branch strategic plan created
under Section 63F-1-203 .
(9) "Information technology" means all computerized and auxiliary automated
information handling, including:
(a) systems design and analysis;
(b) acquisition, storage, and 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.
(10) "State information architecture" means a logically consistent set of principles,
policies, and standards that guide the engineering of state government's information technology
and infrastructure in a way that ensures alignment with state government's business and service
needs.
(11) "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 32. Section 63F-1-103 is enacted to read:
63F-1-103. Department of Technology Services.
(1) There is created within state government the Department of Technology Services
which has all of the policymaking functions, regulatory and enforcement powers, rights, duties,
and responsibilities outlined in this title.
(2) In accordance with Subsection 63-38-3.5 (7), the department has authority to operate
as an internal service fund agency as provided in Section 63-38-3.5 .
Section 33. Section 63F-1-104 is enacted to read:
63F-1-104. Purposes.
The department shall:
(1) lead state executive branch agency efforts to reengineer the state's information
technology architecture with the goal of coordinating central and individual agency information
technology in a manner that:
(a) ensures compliance with the executive branch agency strategic plan; and
(b) ensures that cost-effective, efficient information and communication systems and
resources are being used by agencies to:
(i) reduce data, hardware, and software redundancy;
(ii) improve system interoperability and data accessibility between agencies; and
(iii) meet the agency's and user's business and service needs;
(2) (a) coordinate an executive branch strategic plan for all agencies;
(b) identify best practices from agencies and other public and private sector entities; and
(c) develop and implement processes to replicate information technology best practices
and standards throughout the executive branch;
(3) oversee the expanded use and implementation of project and contract management
principles as they relate to information technology projects within the executive branch;
(4) serve as general contractor between the state's information technology users and
private sector providers of information technology products and services;
(5) work toward building stronger partnering relationships with providers;
(6) develop service level agreements with executive branch departments and agencies to
ensure quality products and services are delivered on schedule and within budget;
(7) develop standards for application development including a standard methodology and
cost-benefit analysis that all agencies shall utilize for application development activities;
(8) determine and implement statewide efforts to standardize data elements and
determine data ownership assignments among executive branch agencies;
(9) develop systems and methodologies to review, evaluate, and prioritize existing
information technology projects within the executive branch and report to the governor and the
commission on a semiannual basis regarding the status of information technology projects; and
(10) assist the Governor's Office of Planning and Budget with the development of
information technology budgets for agencies.
Section 34. Section 63F-1-105 is enacted to read:
63F-1-105. Appointment of executive director -- Compensation -- Authority.
(1) The governor shall:
(a) appoint the executive director with the consent of the Senate; and
(b) establish the executive director's salary within the salary range fixed by the
Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) serve at the pleasure of the governor; and
(b) exercise all powers given to and perform all duties imposed on the department.
Section 35. Section 63F-1-106 is enacted to read:
63F-1-106. Executive director -- Jurisdiction over divisions and office directors --
Authority.
(1) The executive director of the department has administrative jurisdiction over each
division and office in the department and the division and office directors. The executive
director may make changes in personnel and service functions in the divisions under the
director's administrative jurisdiction, and authorize designees to perform appropriate
responsibilities, to effectuate greater efficiency and economy in the operations of the department
as permitted by this section.
(2) The executive director may establish offices and bureaus to perform functions such as
budgeting, planning, and personnel administration to facilitate management of the department.
(3) The executive director may hire employees in the department, divisions, and offices
as permitted by department resources. Except as provided in Subsection (4), any employees of
the department are exempt from career service or classified service status as provided in Section
67-19-15 .
(4) (a) An employee of an executive branch agency who was a career service employee
as of July 1, 2005 who is transferred to the Department of Technology Services continues in the
employee's career service status during the employee's service to the Department of Technology
Services if the duties of the position in the new department are substantially similar to those in
the employee's previous position.
(b) A career service employee transferred to the new department under the provisions of
Subsection (4)(a), whose duties or responsibilities subsequently change, may not be converted to
exempt status without the review process required by Subsection 67-19-15 (3).
(c) The executive director shall work with executive branch agency directors, during the
period of transition to the new department, in good faith, to:
(i) preserve relevant career service positions;
(ii) retain qualified employees in non-relevant positions through transfers to other
positions in state government, with retraining as necessary; and
(iii) promote greater economy and efficiencies for the department.
(d) The Department of Technology Services together with the Department of Human
Resource Management may develop financial and other incentives to encourage a career service
employee who transfers to the department under the provisions of Subsection (4)(a) to
voluntarily convert to an exempt position under Section 67-19-15 .
(e) If a career service employee transfers to the department under the provisions of
Subsection (4)(a) and terminates his employment with the department for any reason, the
employment position shall be exempt from career service status under the provisions of
Subsection (3).
Section 36. Section 63F-1-107 is enacted to read:
63F-1-107. Divisions of department -- Administration.
(1) The department shall be composed of the following divisions:
(a) the Division of Enterprise Technology;
(b) the Division of Integrated Technology; and
(c) the Division of Agency Services.
(2) Each division shall be administered and managed by a division director.
Section 37. Section 63F-1-201 is enacted to read:
63F-1-201. Chief information officer -- Appointment -- Powers -- Reporting.
(1) The director of the department shall serve as the state's chief information officer.
(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.
Section 38. Section 63F-1-202 is enacted to read:
63F-1-202. Technology Advisory Board -- Membership -- Duties.
(1) There is created the Technology Advisory Board to the chief information officer. The
board shall have seven members as follows:
(a) three members appointed by the governor who are individuals actively involved in
business planning for state agencies;
(b) one member appointed by the governor who is actively involved in business planning
for higher education or public education;
(c) one member appointed by the speaker of the House of Representatives and president
of the Senate from the Legislative Automation Committee of the Legislature to represent the
legislative branch;
(d) one member appointed by the Judicial Council to represent the judicial branch; and
(e) one member appointed by the governor who represents private sector business needs
in the state, but who is not an information technology vendor for the state.
(2) (a) The members of the advisory board shall elect a chair from the board by majority
vote.
(b) The department shall provide staff to the board.
(c) (i) A majority of the members of the board constitutes a quorum.
(ii) Action by a majority of a quorum of the board constitutes an action of the board.
(3) The board shall meet as necessary to advise the chief information officer and assist
the chief information officer and executive branch agencies in coming to consensus on:
(a) the development and implementation of the state's information technology strategic
plan;
(b) critical information technology initiatives for the state;
(c) the development of standards for state information architecture;
(d) identification of the business and technical needs of state agencies;
(e) the department's performance measures for service agreements with executive branch
agencies and subscribers of services; and
(f) the efficient and effective operation of the department.
(4) (a) (i) Members of the board who are not state government employees shall receive
no compensation or benefits for their services, but may receive per diem and expenses incurred in
the performance of the member's official duties at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expense for their service.
(b) (i) State government officers and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem
and expenses for the member's service.
Section 39. Section 63F-1-203 is enacted to read:
63F-1-203. 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 shall 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 63F-1-204 ; 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) maximizing the 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 and the advisory board created in Section
63F-1-202 .
(3) (a) Unless withdrawn by the chief information officer or the governor 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 or the governor may withdraw the executive branch
strategic plan submitted under Subsection (3)(a) 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) The commission may make recommendations to the governor and to the chief
information officer if the commission determines that the executive branch strategic plan should
be modified or for any other reason should not take effect.
(d) Modifications adopted by the chief information officer shall be resubmitted to the
governor and the commission for their review or approval as provided in Subsections (3)(a) and
(b).
(4) The executive branch strategic plan is to be implemented by executive branch
agencies through each executive branch agency adopting an agency information technology plan
in accordance with Section 63F-1-204 .
Section 40. Section 63F-1-204 is enacted to read:
63F-1-204. Agency information technology plans.
(1) (a) By July 1 of each year, each executive branch agency shall submit an agency
information technology plan to the chief information officer at the department level, unless the
governor or the chief information officer request an information technology plan be submitted by
a subunit of a department, or by an executive branch agency other than a department.
(b) The information technology plans required by this section shall be in the form and
level of detail required by the chief information officer, by administrative rule adopted in
accordance with Section 63F-1-206 , and shall include, at least:
(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 conduct transactions
electronically in compliance 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 63F-1-203 .
(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 forward a complete copy of the agency information technology plan to the Division
of Enterprise Technology created in Section 63F-1-401 and the Division of Integrated
Technology created in Section 63F-1-501 .
(b) The divisions shall provide the chief information officer a written analysis of each
agency plan submitted in accordance with Sections 63F-1-404 and 63F-1-504 .
(4) (a) The chief information officer shall review each agency plan to determine:
(i) (A) whether the agency plan complies with the executive branch strategic plan and
state information architecture; or
(B) to the extent that the agency plan does not comply with the executive branch strategic
plan or state information architecture, whether the executive branch entity is justified in
departing from the executive branch strategic plan, or state information architecture; and
(ii) whether the agency 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 divisions under Subsection (3).
(5) After the chief information officer conducts the review described in Subsection (4) of
an agency information technology plan, the chief information officer may:
(a) approve the agency information technology plan;
(b) disapprove the agency information technology plan; or
(c) recommend modifications to the agency information technology plan.
(6) An executive branch agency or the department 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 41. Section 63F-1-205 is enacted to read:
63F-1-205. Approval of acquisitions of information technology.
(1) (a) In accordance with Subsection (2), the chief information officer shall approve the
acquisition by an executive branch agency of:
(i) information technology equipment;
(ii) telecommunications equipment;
(iii) software;
(iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
(v) data acquisition.
(b) The chief information officer may negotiate the purchase, lease, or rental of private or
public information technology or telecommunication services or facilities in accordance with this
section.
(c) Where practical, efficient, and economically beneficial, the chief information officer
shall use existing private and public information technology or telecommunication resources.
(2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
that exceeds the value established by the chief information officer by rule in accordance with
Section 63F-1-206 , the chief information officer shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
services and the ability of the proposed information technology or telecommunications services
or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract, provide
in writing to the chief procurement officer in the Division of Purchasing and General Services
that:
(i) the analysis required in Subsection (2)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
services, products, or supplies is practical, efficient, and economically beneficial to the state and
the executive branch agency or subscriber of services.
(3) In approving an acquisition described in Subsections (1) and (2), the chief
information officer shall:
(a) establish by administrative rule, in accordance with Section 63F-1-206 , standards
under which an agency must obtain approval from the chief information officer before acquiring
the items listed in Subsections (1) and (2);
(b) for those acquisitions requiring approval, determine whether the acquisition is in
compliance with:
(i) the executive branch strategic plan;
(ii) the applicable agency information technology plan;
(iii) the budget for the executive branch agency or department as adopted by the
Legislature; and
(iv) Title 63, Chapter 56, Utah Procurement Code; and
(c) in accordance with Section 63F-1-207 , require coordination of acquisitions between
two or more executive branch agencies if it is in the best interests of the state.
(4) (a) Each executive branch agency shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(i) at the request of the chief information officer; and
(ii) related to the executive branch agency's acquisition of any item listed in Subsection
(1).
(b) Beginning July 1, 2006 and in accordance with administrative rules established by the
department under Section 63F-1-206 , no new technology projects may be initiated by an
executive branch agency or the department unless the technology project is described in a formal
project plan and the business case analysis has been approved by the chief information officer
and agency head. The project plan and business case analysis required by this Subsection (4)
shall be in the form required by the chief information officer, and shall include:
(i) a statement of work to be done and existing work to be modified or displaced;
(ii) total cost of system development and conversion effort, including system analysis
and programming costs, establishment of master files, testing, documentation, special equipment
cost and all other costs, including overhead;
(iii) savings or added operating costs that will result after conversion;
(iv) other advantages or reasons that justify the work;
(v) source of funding of the work, including ongoing costs;
(vi) consistency with budget submissions and planning components of budgets; and
(vii) whether the work is within the scope of projects or initiatives envisioned when the
current fiscal year budget was approved.
(5) (a) The chief information officer and the Division of Purchasing and General
Services shall work cooperatively to establish procedures under which the chief information
officer shall monitor and approve acquisitions as provided in this section.
(b) The procedures established under this section shall include at least the written
certification required by Subsection 63-56-9 (8).
Section 42. Section 63F-1-206 is enacted to read:
63F-1-206. Rulemaking -- Policies.
(1) (a) Except as provided in Subsection (2), in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, the chief information officer shall make rules that:
(i) provide standards that impose requirements on executive branch agencies that:
(A) are related to the security of the statewide area network; and
(B) establish standards for when an agency must obtain approval before obtaining items
listed in Subsection 63F-1-205 (1);
(ii) specify the detail and format required in an agency information technology plan
submitted in accordance with Section 63F-1-204 ;
(iii) provide for standards related to the privacy policies of websites operated by or on
behalf of an executive branch agency;
(iv) provide for the acquisition, licensing, and sale of computer software;
(v) specify the requirements for the project plan and business case analysis required by
Section 63F-1-205 ;
(vi) provide for project oversight of agency technology projects when required by Section
63F-1-205 ;
(vii) establish, in accordance with Subsection 63F-1-205 (2), the implementation of the
needs assessment for information technology purchases;
(viii) establish telecommunications standards and specifications in accordance with
Section 63F-1-404 ; and
(ix) establish policies regarding the issuance of digital certificates by government entities
under Section 46-3-601 .
(b) The rulemaking authority in this Subsection (1) is in addition to any other rulemaking
authority granted by this title.
(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 title by executive branch agencies if the policy:
(i) is consistent with the executive branch strategic plan; and
(ii) is not required to be made by rule under Subsection (1) or Section 63-46a-3 .
(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) or (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 chief justice of the Utah Supreme Court for the judicial branch;
(ii) the speaker of the House of Representatives and the president of the Senate for the
legislative branch;
(iii) the chair of the Board of Regents; and
(iv) the chair of the State Board of Education.
Section 43. Section 63F-1-207 is enacted to read:
63F-1-207. Coordination within the executive branch -- Cooperation with other
branches.
(1) In accordance with the executive branch strategic plan and the requirements of this
title, the chief information officer shall coordinate the development of information technology
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 Title 63D, Chapter 1a, Part 4,
Interbranch Coordination.
Section 44. Section 63F-1-208 is enacted to read:
63F-1-208. Delegation of department functions.
(1) (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other
provisions of this section, the chief information officer may delegate a function of the department
to another executive branch agency or an institution of higher education by contract or other
means authorized by law.
(b) The chief information officer may delegate a function of the department as provided
in Subsection (1)(a) if in the judgment of the director of the executive branch agency, the director
of the division, and the chief information officer:
(i) the executive branch agency or institution of higher education has requested that the
function be delegated;
(ii) the executive branch agency or institution of higher education has the necessary
resources and skills to perform or control the function to be delegated; and
(iii) the function to be delegated is a unique or mission critical function of the agency or
institution of higher education which is not appropriate to:
(A) govern or manage under the Division of Enterprise Technology; or
(B) govern or manage under the Division of Integrated Technology.
(2) The chief information officer may delegate a function of the department only when
the delegation results in net cost savings or improved service delivery to the state as a whole or to
the unique mission critical function of the executive branch agency.
(3) The delegation of a function under this section shall:
(a) be in writing;
(b) contain all of the following:
(i) a precise definition of each function to be delegated;
(ii) a clear description of the standards to be met in performing each function delegated;
(iii) a provision for periodic administrative audits by the Division of Agency Services in
accordance with Section 63F-1-604 ;
(iv) a date on which the agreement shall terminate if the agreement has not been
previously terminated or renewed; and
(v) any delegation of department staff to the agency to support the function in-house with
the agency and rates to be charged for the delegated staff; and
(c) include a cost-benefit analysis justifying the delegation in accordance with Section
63F-1-604 .
(4) An agreement to delegate functions to an executive branch agency or an institution of
higher education may be terminated by the department if the results of an administrative audit
conducted by the division reveals a lack of compliance with the terms of the agreement by the
executive branch agency or institution of higher education.
Section 45. Section 63F-1-209 is enacted to read:
63F-1-209. Delegation of department staff to executive branch agencies --
Prohibition against executive branch agency information technology staff.
(1) (a) The chief information officer shall assign department staff to serve an agency
in-house if the chief information officer and the executive branch agency director jointly
determine it is appropriate to provide information technology services to:
(i) the agency's unique mission critical functions and applications;
(ii) the agency's participation in and use of statewide enterprise architecture under the
Division of Enterprise Technology; and
(iii) the agency's use of coordinated technology services with other agencies that share
similar characteristics with the agency under the Division of Integrated Technology.
(b) (i) An agency may request the chief information officer to assign in-house staff
support from the department.
(ii) The chief information officer shall respond to the agency's request for in-house staff
support in accordance with Subsection (1)(a).
(c) The department shall enter into service agreements with an agency when department
staff is assigned in-house to the agency under the provisions of this section.
(d) An agency that receives in-house staff support assigned from the department under
the provision of this section is responsible for paying the rates charged by the department for that
staff as established under Section 63F-1-301 .
(2) (a) After July 1, 2006, an executive branch agency may not create a full-time
equivalent position or part-time position, or request an appropriation to fund a full-time
equivalent position or part-time position under the provisions of Section 63-38-2 for the purpose
of providing information technology services to the agency unless:
(i) the chief information officer has approved a delegation under Section 63F-1-208 ; and
(ii) the Division of Agency Services conducts an audit under Section 63F-1-604 and
finds that the delegation of information technology services to the agency meets the requirements
of Section 63F-1-208 .
(b) The prohibition against a request for appropriation under Subsection (2)(a) does not
apply to a request for appropriation needed to pay rates imposed under Subsection (1)(d).
Section 46. Section 63F-1-301 is enacted to read:
63F-1-301. Cost based services -- Fees -- Rate committee.
(1) The chief information officer shall:
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective
information technology and telecommunication services for:
(i) all executive branch agencies; and
(ii) entities that subscribe to the services in accordance with Section 63F-1-303 ; and
(b) provide priority service to public safety agencies.
(2) (a) In accordance with this Subsection (2), the chief information officer shall
prescribe a schedule of fees for all services rendered by the department to:
(i) an executive branch entity; or
(ii) an entity that subscribes to services rendered by the department in accordance with
Section 63F-1-303 .
(b) Each fee included in the schedule of fees required by Subsection (2)(a):
(i) shall be equitable;
(ii) should be based upon a zero based, full cost accounting of activities necessary to
provide each service for which a fee is established; and
(iii) for each service multiplied by the projected consumption of the service recovers no
more or less than the full cost of each service.
(c) Before charging a fee for its services to an executive branch agency or to a subscriber
of services other than an executive branch agency, the chief information officer shall:
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
in Section 63F-1-302 ; and
(ii) obtain the approval of the Legislature as required by Section 63-38-3.5 .
(d) The chief information officer shall conduct a market analysis by July 1, 2006, and
periodically thereafter, of proposed rates and fees, which analysis shall include a comparison of
the department's rates with the fees of other public or private sector providers where comparable
services and rates are reasonably available.
Section 47. Section 63F-1-302 is enacted to read:
63F-1-302. Information Technology Rate Committee -- Membership -- Duties.
(1) (a) There is created an Information Technology Rate Committee which shall consist
of:
(i) the director of the Governor's Office of Planning and Budget, or a designee;
(ii) the executive directors, or their designee, of three executive branch agencies that use
services and pay rates to one of the department internal service funds, appointed by the governor
for a two-year term;
(iii) the director of the Division of Finance, or a designee; and
(iv) the chief information officer.
(b) (i) The director of the Division of Finance shall serve as chair of the committee.
(ii) Members of the committee who are state government employees and who do not
receive salary, per diem, or expenses from their agency for their service on the committee shall
receive no compensation, benefits, per diem, or expenses for the member's service on the
committee.
(c) The department shall provide staff services to the committee.
(2) (a) Any internal service funds managed by the department shall submit to the
committee a proposed rate and fee schedule for services rendered by the department to an
executive branch agency or an entity that subscribes to services rendered by the department.
(b) The committee shall:
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings;
(ii) review the proposed rate and fee schedule and determine if the proposed fee is based
on cost recovery as required by Subsection 63F-1-301 (2)(b);
(iii) review the proposed rate and fee schedules and may approve, increase, or decrease
the rate and fee;
(iv) recommend a proposed rate and fee schedule for each internal service fund to:
(A) the Governor's Office of Planning and Budget; and
(B) the Office of Legislative Fiscal Analyst for review by the Legislature in accordance
with Section 63-38-3.5 , which requires the Legislature to approve the internal service fund
agency's rates, fees, and budget in an appropriations act; and
(v) in accordance with Section 63-38-3.5 , review and approve, increase or decrease an
interim rate, fee, or amount when an internal service fund agency begins a new service or
introduces a new product between annual general sessions of the Legislature, which rate, fee, or
amount shall be submitted to the Legislature at the next annual general session.
(c) The committee may in accordance with Subsection 63-38-3.5 (4) decrease a rate, fee,
or amount that has been approved by the Legislature.
Section 48. Section 63F-1-303 is enacted to read:
63F-1-303. Executive branch agencies -- Subscription by institutions.
(1) An executive branch agency in accordance with its agency information technology
plan approved by the chief information officer shall:
(a) subscribe to the information technology services provided by the department; or
(b) contract with one or more alternate private providers of information technology
services if the chief information officer determines that the purchase of the services from a
private provider will:
(i) result in:
(A) cost savings;
(B) increased efficiency; or
(C) improved quality of services; and
(ii) not impair the interoperability of the state's information technology services.
(2) An institution of higher education may subscribe to the services provided by the
department if:
(a) the president of the institution recommends that the institution subscribe to the
services of the department; and
(b) the Board of Regents determines that subscription to the services of the department
will result in cost savings or increased efficiency to the institution.
(3) The following may subscribe to information technology services by requesting that
the services be provided from the department:
(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;
(f) an independent entity as defined in Section 63E-1-102 ; and
(g) an elective constitutional officer of the executive department as defined in Subsection
63F-1-102 (7)(b).
Section 49. Section 63F-1-401 is enacted to read:
63F-1-401. Creation -- Administration.
There is created within the department the Division of Enterprise Technology to be
administered by a director.
Section 50. Section 63F-1-402 is enacted to read:
63F-1-402. Definitions.
As used in this chapter, "enterprise architecture" means information technology assets and
functions that can be applied across state government and include:
(1) computing devices such as mainframes, servers, desktop devices, and peripherals;
(2) networks;
(3) enterprise wide applications;
(4) maintenance and help desk functions for common hardware and applications;
(5) standards for other computing devices, operating systems, common applications, and
software; and
(6) master contracts that are available for use by agencies for various systems such as
operating systems, database, enterprise resource planning and customer relationship management
software, application development services, and enterprise integration.
Section 51. Section 63F-1-403 is enacted to read:
63F-1-403. Director of division -- Appointment.
The executive director shall appoint a director of the Division of Enterprise Technology
with the approval of the governor.
Section 52. Section 63F-1-404 is enacted to read:
63F-1-404. Duties of the division.
The division shall:
(1) develop and implement an effective enterprise architecture governance model for the
executive branch;
(2) provide oversight of information technology projects that impact statewide
information technology services, assets, or functions of state government to:
(a) control costs;
(b) ensure business value to a project;
(c) maximize resources;
(d) ensure the uniform application of best practices; and
(e) avoid duplication of resources;
(3) develop a method of accountability to agencies for services provided by the division
through service agreements with the agencies;
(4) beginning September 1, 2006, and each September 1 thereafter, provide the chief
information officer and the commission with performance measures used by the division to
measure the quality of service delivered by the division and the results of the performance
measures;
(5) serve as a project manager for enterprise architecture which includes the management
of applications, standards, and procurement of enterprise architecture;
(6) coordinate the development and implementation of advanced state
telecommunication systems;
(7) provide services including technical assistance:
(a) to executive branch agencies and subscribers to the services; and
(b) related to information technology or telecommunications;
(8) 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 63F-1-303 ;
(9) coordinate state telecommunication planning in cooperation with:
(a) state telecommunication users;
(b) executive branch agencies; and
(c) other subscribers to the state's telecommunication systems;
(10) cooperate with the federal government, other state entities, counties, and
municipalities in the development, implementation, and maintenance of:
(a) (i) governmental information technology; or
(ii) governmental telecommunication systems; and
(b) (i) as part of a cooperative organization; or
(ii) through means other than a cooperative organization;
(11) establish, operate, manage, and maintain:
(a) one or more state data centers; and
(b) one or more regional computer centers;
(12) design, implement, and manage all state-owned, leased, or rented land, mobile, or
radio telecommunication systems that are used in the delivery of services for state government or
its political subdivisions;
(13) in accordance with the executive branch strategic plan, implement minimum
standards to be used by the division for purposes of compatibility of procedures, programming
languages, codes, and media that facilitate the exchange of information within and among
telecommunication systems; and
(14) provide the chief information officer with an analysis of an executive branch agency
information technology plan that includes:
(a) an assessment of how the implementation of the agency information technology plan
will affect the costs, operations, and services of:
(i) the department; and
(ii) other executive branch agencies; and
(b) any recommended changes to the plan.
Section 53. Section 63F-1-501 is enacted to read:
63F-1-501. Creation -- Administration.
There is created within the department the Division of Integrated Technology to be
administered by a director.
Section 54. Section 63F-1-502 is enacted to read:
63F-1-502. Definitions.
As used in this part:
(1) "Center" means the Automated Geographic Reference Center created in Section
63F-1-506 .
(2) "Database" means the State Geographic Information Database created in Section
63F-1-507 .
(3) "Director" means the director appointed in accordance with Section 63F-1-503 .
(4) "Division" means the Division of Integrated Technology created in this part.
(5) "Geographic Information System" or "GIS" means a computer driven data integration
and map production system that interrelates disparate layers of data to specific geographic
locations.
(6) "State Geographic Information Database" means the database mandated by Section
63F-1-506 .
Section 55. Section 63F-1-503 is enacted to read:
63F-1-503. Director of division -- Appointment.
The executive director shall appoint a director of the Division of Integrated Technology
with the approval of the governor.
Section 56. Section 63F-1-504 is enacted to read:
63F-1-504. Duties of the division.
The division shall:
(1) establish standards for the information technology needs of a collection of executive
branch agencies or programs that share common characteristics relative to the types of
stakeholders they serve, including:
(a) project management;
(b) application development; and
(c) procurement;
(2) provide oversight of information technology standards that impact multiple executive
branch agency information technology services, assets, or functions to:
(a) control costs;
(b) ensure business value to a project;
(c) maximize resources;
(d) ensure the uniform application of best practices; and
(e) avoid duplication of resources;
(3) in accordance with Section 63F-1-204 , provide the chief information officer a written
analysis of any agency information technology plan provided to the division, which shall include:
(a) a review of whether the agency's technology projects impact multiple agencies and if
so, whether the information technology projects are appropriately designed and developed;
(b) an assessment of whether the agency plan complies with the state information
architecture; and
(c) an assessment of whether the information technology projects included in the agency
plan comply with policies, procedures, and rules adopted by the department to ensure that:
(i) information technology projects are phased in;
(ii) funding is released in phases;
(iii) an agency's authority to proceed to the next phase of an information technology
project is contingent upon the successful completion of the prior phase; and
(iv) one or more specific deliverables is identified for each phase of a technology project;
(4) establish a system of accountability to user agencies through the use of service
agreements;
(5) each year, provide the chief information officer and the commission with
performance measures used by the division to measure the quality of services delivered by the
division and results of those measures; and
(6) establish administrative rules in accordance with Section 63F-1-206 and as required
by Section 63F-1-506 .
Section 57. Section 63F-1-505 is enacted to read:
63F-1-505. Information technology plan.
(1) In accordance with this section, the division shall submit an information technology
plan to the chief information officer.
(2) The information technology plan submitted by the division under this section shall
include:
(a) the information required by Section 63F-1-203 ;
(b) a list of the services the division offers or plans to offer; and
(c) a description of the performance measures used by the division to measure the quality
of the services described in Subsection (2)(b).
(3) (a) In submitting its information technology plan under this section, the division shall
comply with Section 63F-1-204 .
(b) The information technology plan submitted by the division under this section is
subject to the approval of the chief information officer as provided in Section 63F-1-204 .
Section 58. Section 63F-1-506 , which is renumbered from Section 63A-6-202 is
renumbered and amended to read:
[
(1) There is created the Automated Geographic Reference Center as part of the division.
(2) The center shall:
(a) provide geographic information system services to state agencies under rules adopted
in accordance with Section 63F-1-504 and policies established by the division;
(b) provide geographic information system services to federal government, local political
subdivisions, and private persons under rules and policies established by the division;
(c) manage the State Geographic Information Database; and
(d) establish standard format, lineage, and other requirements for the database.
(3) The division may:
(a) make rules and establish policies to govern the center and its operations; and
(b) set fees for the services provided by the center.
Section 59. Section 63F-1-507 , which is renumbered from Section 63A-6-203 is
renumbered and amended to read:
[
(1) There is created a State Geographic Information Database to be managed by the
center.
(2) The database shall:
(a) serve as the central reference for all information contained in any GIS database by any
state agency;
(b) serve as a clearing house and repository for all data layers required by multiple users;
and
(c) serve as a standard format for geographic information acquired, purchased, or
produced by any state agency.
(3) Each state agency that acquires, purchases, or produces digital geographic
information data shall:
(a) inform the center of the existence of the data layers and their geographic extent;
(b) allow the center access to all data classified public; and
(c) comply with any database requirements established by the center.
(4) At least annually, the State Tax Commission shall deliver to the center information
the State Tax Commission receives under Sections 10-1-116 , 11-13-204, 11-13-205 , 17-2-4 ,
17-2-9 , 17-3-3 , 17A-1-102 , 17B-2-215 , and 17B-4-201 relating to the creation or modification of
the boundaries of the political subdivisions that are the subject of those sections.
Section 60. Section 63F-1-508 , which is renumbered from Section 63A-6-204 is
renumbered and amended to read:
[
inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for
proposals.
(1) There is created within the center a committee to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features as provided
by Subsection (5).
(2) (a) The committee shall consist of:
(i) the center manager;
(ii) a representative of the Governor's Office of Planning and Budget;
(iii) a representative of Utah State University Extension;
(iv) a representative of the Utah Association of Counties; and
(v) three county commissioners.
(b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall be
selected by the organizations they represent.
(c) The committee members specified in Subsection (2)(a)(v) shall be:
(i) selected by the Utah Association of Counties;
(ii) from rural counties; and
(iii) from different regions of the state.
(3) (a) The committee shall select a chair from its membership.
(b) The committee shall meet upon the call of the chair or a majority of the committee
members.
(c) Four members shall constitute a quorum.
(4) (a) Committee members who are state government employees shall receive no
additional compensation for their work on the committee.
(b) Committee members who are not state government employees shall receive no
compensation or expenses from the state for their work on the committee.
(5) (a) The committee shall award grants to counties to:
(i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
technology; and
(ii) photograph:
(A) roads and other evidence of construction of R.S. 2477 rights-of-way;
(B) structures or natural features that may be indicative of the purpose for which an R.S.
2477 right-of-way was created, such as mines, agricultural facilities, recreational facilities, or
scenic overlooks; and
(C) evidence of valid and existing rights on federal lands, such as mines and agricultural
facilities.
(b) (i) The committee may allow counties, while they are conducting the activities
described in Subsection (5)(a), to use grant monies to inventory, map, or photograph other
natural or cultural resources.
(ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
programs underway by state agencies, counties, or institutions of higher education.
(c) Maps and other data acquired through the grants shall become a part of the State
Geographic Information Database.
(d) Counties shall provide an opportunity to interested parties to submit information
relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
provided in Subsections (5)(a) and (5)(b).
(6) (a) The committee shall develop a request for proposals process and issue a request
for proposals.
(b) The request for proposals shall require each grant applicant to submit an
implementation plan and identify any monetary or in-kind contributions from the county.
(c) In awarding grants, the committee shall give priority to proposals to inventory, map,
and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
which are located on federal lands that:
(i) a federal land management agency proposes for special management, such as lands to
be managed as an area of critical environmental concern or primitive area; or
(ii) are proposed to receive a special designation by Congress, such as lands to be
designated as wilderness or a national conservation area.
(7) Each county that receives a grant under the provision of this section shall provide a
copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
database.
Section 61. Section 63F-1-601 is enacted to read:
63F-1-601. Division of Agency Services -- Director --Appointment.
There is created within the department the Division of Agency Services, to be
administered by a director.
Section 62. Section 63F-1-602 is enacted to read:
63F-1-602. Definitions.
As used in this part, "division" means the Division of Agency Services.
Section 63. Section 63F-1-603 is enacted to read:
63F-1-603. Director of division -- Appointment.
The executive director shall appoint a director of the division with the approval of the
governor.
Section 64. Section 63F-1-604 is enacted to read:
63F-1-604. Duties of the division.
The division shall:
(1) be responsible for providing support to executive branch agencies for an agency's
information technology assets and functions that are unique to the executive branch agency and
are mission critical functions of the agency;
(2) conduct audits of an executive branch agency when requested under the provisions of
Section 63F-1-208 ;
(3) conduct cost-benefit analysis of delegating a department function to an agency in
accordance with Section 63F-1-208 ;
(4) provide in-house information technology staff support to executive branch agencies;
(5) establish accountability and performance measures for the division to assure that the
division is meeting the business and service needs of the state and individual executive branch
agencies;
(6) establish a committee composed of agency user groups for the purpose of
coordinating department services with agency needs;
(7) assist executive branch agencies in complying with the requirements of any rule
adopted by the chief information officer; and
(8) by July 1, 2006 and each July 1 thereafter, report to the commission on the
performance measures used by the division under Subsection (5) and the results.
Section 65. Section 67-1-14 is amended 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 [
Section 66. Section 67-19-15 is amended to read:
67-19-15. Career service -- Exempt positions -- Schedules for civil service positions
-- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter:
(a) the governor, members of the Legislature, and all other elected state officers,
designated as Schedule AA;
(b) the agency heads enumerated in Section 67-22-2 , and commissioners designated as
Schedule AB;
(c) all employees and officers in the office and at the residence of the governor,
designated as Schedule AC;
(d) employees who are in a confidential relationship to an agency head or commissioner
and who report directly to, and are supervised by, a department head, commissioner, or deputy
director of an agency or its equivalent, designated as Schedule AD;
(e) unskilled employees in positions requiring little or no specialized skill or training,
designated as Schedule AE;
(f) part-time professional noncareer persons who are paid for any form of medical and
other professional service and who are not engaged in the performance of administrative duties,
designated as Schedule AF;
(g) attorneys in the attorney general's office who are under their own career service pay
plan, designated as Schedule AG;
(h) teaching staff of all state institutions and patients and inmates employed in state
institutions, designated as Schedule AH;
(i) persons appointed to a position vacated by an employee who has a right to return
under federal or state law or policy, designated as Schedule AI;
(j) noncareer employees compensated for their services on a seasonal or contractual basis
who are hired for limited periods of less than nine consecutive months or who are employed on
less than 1/2 time basis, designated as Schedule AJ;
(k) those employees in a personal and confidential relationship to elected officials,
designated as Schedule AK;
(l) employees appointed to perform work of a limited duration not exceeding two years
or to perform work with time-limited funding, designated as Schedule AL;
(m) employees of the Department of Community and Economic Development whose
positions are designated as executive/professional positions by the executive director of the
Department of Community and Economic Development with the concurrence of the director,
designated as Schedule AM;
(n) employees of the Legislature, designated as Schedule AN;
(o) employees of the judiciary, designated as Schedule AO;
(p) all judges in the judiciary, designated as Schedule AP;
(q) members of state and local boards and councils appointed by the governor and
governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
faculty, and other employees of state universities and other state institutions of higher education,
designated as Schedule AQ;
(r) employees who make statewide policy, designated as Schedule AR; [
(s) any other employee whose appointment is required by statute to be career service
exempt, designated as Schedule AS[
(t) employees of the Department of Technology Services, designated as
executive/professional positions by the executive director of the Department of Technology
Services with the concurrence of the director, designated as Schedule AT.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
(ii) Removal from any appointive position under Schedule A, unless otherwise regulated
by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of all positions
filled through competitive selection procedures as defined by the director.
(3) (a) The director, after consultation with the heads of concerned executive branch
departments and agencies and with the approval of the governor, shall allocate positions to the
appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the director before
changing the schedule assignment and tenure rights of any position.
(c) Unless the director's decision is reversed by the governor, when the director denies an
agency's request, the director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 36-12-7 .
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 78-3-24 .
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapters 1 and 2.
(d) Unless otherwise provided by law, compensation for all other Schedule A employees
shall be established by their appointing authorities, within ranges approved by, and after
consultation with the director of the Department of Human Resources.
(5) All employees of the Office of State Auditor, the Office of State Treasurer, the Office
of the Attorney General, excluding attorneys who are under their own career service system, and
employees who are not exempt under this section are covered by the career service provisions of
this chapter.
Section 67. Section 67-22-2 is amended to read:
67-22-2. Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the
following salary ranges fixed by the Legislature:
State Officer Salary Range
Commissioner of Agriculture and Food $65,200 - $88,400
Commissioner of Insurance $65,200 - $88,400
Commissioner of the Labor Commission $65,200 - $88,400
Director, Alcoholic Beverage Control
Commission $65,200 - $88,400
Commissioner, Department of
Financial Institutions $65,200 - $88,400
Members, Board of Pardons and Parole $65,200 - $88,400
Executive Director, Department
of Commerce $65,200 - $88,400
Executive Director, Commission on
Criminal and Juvenile Justice $65,200 - $88,400
Adjutant General $65,200 - $88,400
Chair, Tax Commission $70,600 - $95,200
Commissioners, Tax Commission $70,600 - $95,200
Executive Director, Department of
Community and Economic
Development $70,600 - $95,200
Executive Director, Tax Commission $70,600 - $95,200
Chair, Public Service Commission $70,600 - $95,200
Commissioners, Public Service
Commission $70,600 - $95,200
Executive Director, Department
of Corrections $76,800 - $103,600
Commissioner, Department of Public Safety $76,800 - $103,600
Executive Director, Department of
Natural Resources $76,800 - $103,600
Director, Governor's Office of Planning
and Budget $76,800 - $103,600
Executive Director, Department of
Administrative Services $76,800 - $103,600
Executive Director, Department of
Human Resource Management $76,800 - $103,600
Executive Director, Department of
Environmental Quality $76,800 - $103,600
Executive Director, Department of
Workforce Services $83,600 - $112,900
Executive Director, Department of
Health $83,600 - $112,900
Executive Director, Department
of Human Services $83,600 - $112,900
Executive Director, Department
of Transportation $83,600 - $112,900
[
Executive Director, Department
of Information Technology
Services $83,600 - $112,900
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
the State Retirement Office in accordance with the Internal Revenue Code and its accompanying
rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays
granted to Schedule B state employees, and the same annual leave granted to Schedule B state
employees with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed
in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
by the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the performance of
the state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
Act, shall be established as provided in Section 67-19-15 .
Section 68. Section 72-5-304 is amended to read:
72-5-304. Mapping and survey requirements.
(1) The Department of Transportation, counties, and cities are not required to possess
centerline surveys for R.S. 2477 rights-of-ways.
(2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be included
in the plats, descriptions, and maps of county roads required by Sections 72-3-105 and 72-3-107
or on the State Geographic Information Database, created in Section [
required to be maintained by Subsection (3).
(3) (a) The Automated Geographic Reference Center, created in Section [
63F-1-506 , shall create and maintain a record of R.S. 2477 rights-of-way on the Geographic
Information Database.
(b) The record of R.S. 2477 rights-of-way shall be based on information maintained by
the Department of Transportation and cartographic, topographic, photographic, historical, and
other data available to or maintained by the Automated Geographic Reference Center.
(c) Agencies and political subdivisions of the state may provide additional information
regarding R.S. 2477 rights-of-way when information is available.
Section 69. Transition to new department.
(1) As used in this chapter:
(a) "Commission" means the Utah Technology Commission;
(b) "Department" means the Department of Technology Services; and
(c) "Executive branch agency" has the same meaning as in Section 63F-1-102 .
(2) The chief information officer shall serve as the transition director to provide
executive direction and supervision for the implementation of all transfers of authority and
technology functions in the executive branch to the department which are made pursuant to this
bill and the Utah Technology Governance Act.
(3) (a) The transition director and the directors of all executive branch agencies shall
jointly identify the program positions and administrative function positions that will be
transferred to the department according to the Utah Technology Governance Act.
(b) The transition director and the directors of all executive branch agencies and
programs shall make every effort to develop agreements specifying the positions to be transferred
from the executive branch agency or program to the department no later than August 31, 2005.
(c) In the event of a failure to reach an agreement on the positions to be transferred under
the provisions of this Subsection (3):
(i) the transition director shall submit his recommendation to the governor and to the
commission no later than August 31, 2005 for their consideration;
(ii) the commission may recommend to the governor the position or function to be
transferred to the department; and
(iii) the governor shall determine whether to transfer the position or function to the
department.
(4) The transition director shall immediately initiate coordination with the directors of all
executive branch agencies affected by this bill to facilitate the transfer of programs, positions,
and administrative functions, and shall develop memoranda of record identifying any pending
settlements, issues of compliance with applicable federal and state laws and regulations, or other
obligations to be resolved related to the authority to be transferred.
(5) Notwithstanding the provisions of Subsection 63-38-3.5 (8)(f)(i), all records,
personnel, property, equipment, grants, unexpended and unexpired balances of appropriations,
allocations and other funds used, held, employed, available or to be made available to any entity
for the activities, powers, duties, functions, and responsibilities transferred to the department by
this bill shall transfer to the department at the direction of the transition director, the Governor's
Office of Planning and Budget, and in accordance with the Utah Technology Governance Act.
(6) The transition director shall administer the functions of this bill in a manner that
promotes efficient administration and shall make internal organizational changes as necessary to
complete the realignment of responsibilities required by this bill and the Utah Technology
Governance Act.
(7) The transition director and other individuals designated by the governor may request
the assistance of any executive branch agency with respect to personnel, budgeting, procurement,
information systems, and other management related functions, and the executive branch agency
shall provide the requested assistance.
(8) (a) The transition director may temporarily hire or retain contractors, subcontractors,
or advisors as the transition director considers necessary for the strategic planning and
implementation of the transition.
(b) A temporary person hired or contracted with under this Subsection (8) must be
selected in accordance with Title 63, Chapter 56, Utah Procurement Code.
(c) All persons hired on a temporary basis for the transition shall be terminated by July
30, 2006.
(9) After consultation with the transition director and the governor, the state budget
director shall:
(a) determine the most efficient process necessary for transitioning the technology
budgets of the various executive branch agencies including the Division of Information
Technology Services to the department;
(b) submit a supplemental budget request and, if needed, a 2006-07 budget
recommendation to the commission by October 31, 2005 and to the Legislature prior to the 2006
General Session detailing steps necessary to transition employees, activities, assets, liabilities,
budgets, and other authorities of appropriated and internal services fund technology functions
into the department;
(c) in accordance with Subsection 63-38-3.5 (4)(b) establish interim rates for products
and services to be provided on a capital maintenance and cost reimbursement basis and to be
recovered through interagency billing such that the interim rates:
(i) are based upon a zero based, full cost accounting of activities necessary to provide
each service for which a rate is established;
(ii) for each service multiplied by the projected consumption of the service recovers no
more or less than the full cost of each service; and
(iii) are submitted to the Legislature for authorization in accordance with Subsection
63-38-3.5 (4)(b); and
(d) handle the financial transactions and records in the state's financial management and
records system during the period of transition.
(10) All rules, orders, contracts, grants, and agreements relating to the functions of the
Department of Technology Services lawfully adopted prior to the effective date of this bill by the
responsible state executive branch agency shall continue to be effective until revised, amended,
or rescinded.
(11) Any suit, action, or other proceeding lawfully commenced by, against, or before any
entity affected by this chapter shall not abate by reason of this bill.
(12) Beginning July 1, 2005, the transition director shall provide a report to the
commission on a quarterly basis concerning the progress and implementation of the executive
branch transition of information technology functions to the department.
(13) The transition director shall include in the report any recommendations for the 2006
Legislature regarding any statutory changes that are needed to make the transition complete.
(14) The transition director's authority under this bill ends on December 31, 2006.
Section 70. Repealer.
This bill repeals:
Section 63A-6-201, Definitions.
Section 63D-1a-301, Chief information officer -- Appointment -- Powers --
Reporting.
Section 63D-1a-302, Executive branch information technology strategic plan.
Section 63D-1a-303, Agency information technology plans.
Section 63D-1a-304, Monitoring acquisitions of information technology.
Section 63D-1a-305, Rulemaking -- Policies.
Section 63D-1a-306, Coordination within the executive branch -- Cooperation with
other branches.
Section 63D-1a-308, Facilitating the electronic delivery of government services.
Section 63D-1a-309, Utah Technology Infrastructure Innovation Program.
Section 71. Effective date.
This bill takes effect on July 1, 2005, except that:
(1) uncodified Section 69, Transition to new department, takes effect on May 2, 2005;
and
(2) the amendments to Sections 63A-1-108 , 63A-1-109 , and 63A-1-114 take effect on
July 1, 2006.
Section 72. Revisor instructions.
It is the intent of the Legislature that, in preparing the Utah Code database for publication,
the Office of Legislative Research and General Counsel shall replace the words "this bill" in
Section 69, Transition to new department, with the bill's designated chapter number in the Laws
of Utah.
Section 73. Coordinating H.B. 109 with H.B. 216.
If this H.B. 109 and H.B. 216 Global Positioning Reference Network, 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 merge the amendments of these bills as
follows:
(1) Section 63A-6-205 in H.B. 216, Global Positioning Reference Network, shall be
renumbered to Section 63F-1-509 ; and
(2) Section 63F-1-502 in H.B. 109 shall be amended to insert a new Subsection (7) as
follows:
"(7) Statewide Global Positioning Reference Network" or "network" means the network
created in Section 63F-1-509."
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