H.B. 235

1

TECHNOLOGY TECHNICAL AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrice M. Arent
5 Senate Sponsor: Benjamin M. McAdams
6
7 LONG TITLE
8 General Description:
9 This bill amends certain reporting requirements and deletes references to the Utah
10 Information Technology Commission.
11 Highlighted Provisions:
12 This bill:
13 . eliminates the submission of model rules or standards and technology transfer
14 reports;
15 . modifies the reporting requirements to include the Public Utilities and Technology
16 Interim Committee; and
17 . makes technical corrections.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 46-4-501, as last amended by Laws of Utah 2008, Chapter 382
25 63A-9-801, as last amended by Laws of Utah 2008, Chapters 3 and 382
26 63B-3-301, as last amended by Laws of Utah 2008, Chapter 382
27 63F-1-102, as enacted by Laws of Utah 2005, Chapter 169

28 63F-1-104, as enacted by Laws of Utah 2005, Chapter 169
29 63F-1-201, as last amended by Laws of Utah 2007, Chapter 117
30 63F-1-203, as enacted by Laws of Utah 2005, Chapter 169
31 63F-1-404, as enacted by Laws of Utah 2005, Chapter 169
32 63F-1-504, as enacted by Laws of Utah 2005, Chapter 169
33 63F-1-604, as enacted by Laws of Utah 2005, Chapter 169
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 46-4-501 is amended to read:
37 46-4-501. Creation and retention of electronic records and conversion of written
38 records by governmental agencies.
39 (1) A state governmental agency may, by following the procedures and requirements of
40 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that:
41 (a) identify specific transactions that the agency is willing to conduct by electronic
42 means;
43 (b) identify specific transactions that the agency will never conduct by electronic
44 means;
45 (c) specify the manner and format in which electronic records must be created,
46 generated, sent, communicated, received, and stored, and the systems established for those
47 purposes;
48 (d) if law or rule requires that the electronic records must be signed by electronic
49 means, specify the type of electronic signature required, the manner and format in which the
50 electronic signature must be affixed to the electronic record, and the identity of, or criteria that
51 must be met, by any third party used by a person filing a document to facilitate the process;
52 (e) specify control processes and procedures as appropriate to ensure adequate
53 preservation, disposition, integrity, security, confidentiality, and auditability of electronic
54 records; and
55 (f) identify any other required attributes for electronic records that are specified for
56 corresponding nonelectronic records or that are reasonably necessary under the circumstances.
57 (2) A state governmental agency that makes rules under this section shall submit copies
58 of those rules, and any amendments to those rules, to[: (a)] the chief information officer

59 established by Section 63F-1-201 [; and].
60 [(b) the Utah Technology Commission established by Section 63D-1a-201 .]
61 (3) (a) The chief information officer may prepare model rules and standards relating to
62 electronic transactions that encourage and promote consistency and interoperability with
63 similar requirements adopted by other Utah government agencies, other states, the federal
64 government, and nongovernmental persons interacting with Utah governmental agencies.
65 (b) In preparing those model rules and standards, the chief information officer may
66 specify different levels of standards from which governmental agencies may choose in order to
67 implement the most appropriate standard for a particular application.
68 [(c) Before submitting any model rules or standards to state governmental agencies for
69 their adoption as permanent rules, the chief information officer shall submit the model rules
70 and standards to the Utah Technology Commission for its review and suggestions.]
71 [(d)] (c) Nothing in this Subsection (3) requires a state agency to use the model rules
72 and standards prepared by the chief information officer when making rules under this section.
73 (4) Except as provided in Subsection 46-4-301 (6), nothing in this chapter requires any
74 state governmental agency to:
75 (a) conduct transactions by electronic means; or
76 (b) use or permit the use of electronic records or electronic signatures.
77 (5) Each state governmental agency shall:
78 (a) establish record retention schedules for any electronic records created or received in
79 an electronic transaction according to the standards developed by the Division of Archives
80 under Subsection 63A-12-101 (2)(e); and
81 (b) obtain approval of those schedules from the State Records Committee as required
82 by Subsection 63G-2-502 (1)(b).
83 Section 2. Section 63A-9-801 is amended to read:
84 63A-9-801. State surplus property program -- Definitions -- Administration.
85 (1) As used in this section:
86 (a) "Agency" means:
87 (i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
88 Control, Commerce, Community and Culture, Corrections, Workforce Services, Health,
89 Human Resource Management, Human Services, Insurance, Natural Resources, Public Safety,

90 Technology Services, and Transportation and the Labor Commission;
91 (ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
92 Victim Reparations, Rehabilitation, and Treasurer;
93 (iii) the Public Service Commission and State Tax Commission;
94 (iv) the State Boards of Education, Pardons and Parole, and Regents;
95 (v) the Career Service Review Board;
96 (vi) other state agencies designated by the governor;
97 (vii) the legislative branch, the judicial branch, and the State Board of Regents; and
98 (viii) an institution of higher education, its president, and its board of trustees for
99 purposes of Section 63A-9-802 .
100 (b) "Division" means the Division of Fleet Operations.
101 (c) "Information technology equipment" means any equipment that is designed to
102 electronically manipulate, store, or transfer any form of data.
103 (d) "Inventory property" means property in the possession of the division that is
104 available for purchase by an agency or the public.
105 (e) "Judicial district" means the geographic districts established by Section 78A-1-102 .
106 (f) (i) "Surplus property" means property purchased by, seized by, or donated to, an
107 agency that the agency wishes to dispose of.
108 (ii) "Surplus property" does not mean real property.
109 (g) "Transfer" means transfer of surplus property without cash consideration.
110 (2) (a) The division shall make rules establishing a state surplus property program that
111 meets the requirements of this chapter by following the procedures and requirements of Title
112 63G, Chapter 3, Utah Administrative Rulemaking Act.
113 (b) Those rules shall include:
114 (i) a requirement prohibiting the transfer of surplus property from one agency to
115 another agency without written approval from the division;
116 (ii) procedures and requirements governing division administration requirements that
117 an agency must follow;
118 (iii) requirements governing purchase priorities;
119 (iv) requirements governing accounting, reimbursement, and payment procedures;
120 (v) procedures for collecting bad debts;

121 (vi) requirements and procedures for disposing of firearms;
122 (vii) the elements of the rates or other charges assessed by the division for services and
123 handling;
124 (viii) procedures governing the timing and location of public sales of inventory
125 property; and
126 (ix) procedures governing the transfer of information technology equipment by state
127 agencies directly to public schools.
128 (c) The division shall report all transfers of information technology equipment by state
129 agencies to public schools [to the Utah Technology Commission] and to the Legislative Interim
130 Education Committee at the end of each fiscal year.
131 (3) In creating and administering the program, the division shall:
132 (a) when conditions, inventory, and demand permit:
133 (i) establish facilities to store inventory property at geographically dispersed locations
134 throughout the state; and
135 (ii) hold public sales of property at geographically dispersed locations throughout the
136 state;
137 (b) establish, after consultation with the agency requesting the sale of surplus property,
138 the price at which the surplus property shall be sold; and
139 (c) transfer proceeds arising from the sale of state surplus property to the agency
140 requesting the sale in accordance with Title 63J, Chapter 1, Budgetary Procedures Act, less an
141 amount established by the division by rule to pay the costs of administering the surplus
142 property program.
143 (4) Unless specifically exempted from this chapter by explicit reference to this chapter,
144 each state agency shall dispose of and acquire surplus property only by participating in the
145 division's program.
146 Section 3. Section 63B-3-301 is amended to read:
147 63B-3-301. Legislative intent -- Additional projects.
148 (1) It is the intent of the Legislature that, for any lease purchase agreement that the
149 Legislature may authorize the Division of Facilities Construction and Management to enter into
150 during its 1994 Annual General Session, the State Building Ownership Authority, at the
151 reasonable rates and amounts it may determine, and with technical assistance from the state

152 treasurer, the director of the Division of Finance, and the director of the Governor's Office of
153 Planning and Budget, may seek out the most cost effective and prudent lease purchase plans
154 available to the state and may, pursuant to Title 63B, Chapter 1, Part 3, State Building
155 Ownership Authority Act, certificate out interests in, or obligations of the authority pertaining
156 to:
157 (a) the lease purchase obligation; or
158 (b) lease rental payments under the lease purchase obligation.
159 (2) It is the intent of the Legislature that the Department of Transportation dispose of
160 surplus real properties and use the proceeds from those properties to acquire or construct
161 through the Division of Facilities Construction and Management a new District Two Complex.
162 (3) It is the intent of the Legislature that the State Building Board allocate funds from
163 the Capital Improvement appropriation and donations to cover costs associated with the
164 upgrade of the Governor's Residence that go beyond the restoration costs which can be covered
165 by insurance proceeds.
166 (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
167 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
168 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
169 which participation interests may be created, to provide up to $10,600,000 for the construction
170 of a Natural Resources Building in Salt Lake City, together with additional amounts necessary
171 to:
172 (i) pay costs of issuance;
173 (ii) pay capitalized interest; and
174 (iii) fund any debt service reserve requirements.
175 (b) It is the intent of the Legislature that the authority seek out the most cost effective
176 and prudent lease purchase plan available with technical assistance from the state treasurer, the
177 director of the Division of Finance, and the director of the Governor's Office of Planning and
178 Budget.
179 (c) It is the intent of the Legislature that the operating budget for the Department of
180 Natural Resources not be increased to fund these lease payments.
181 (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
182 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority

183 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
184 which participation interests may be created, to provide up to $8,300,000 for the acquisition of
185 the office buildings currently occupied by the Department of Environmental Quality and
186 approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
187 City, together with additional amounts necessary to:
188 (i) pay costs of issuance;
189 (ii) pay capitalized interest; and
190 (iii) fund any debt service reserve requirements.
191 (b) It is the intent of the Legislature that the authority seek out the most cost effective
192 and prudent lease purchase plan available with technical assistance from the state treasurer, the
193 director of the Division of Finance, and the director of the Governor's Office of Planning and
194 Budget.
195 (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
196 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
197 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
198 which participation interests may be created, to provide up to $9,000,000 for the acquisition or
199 construction of up to two field offices for the Department of Human Services in the
200 southwestern portion of Salt Lake County, together with additional amounts necessary to:
201 (i) pay costs of issuance;
202 (ii) pay capitalized interest; and
203 (iii) fund any debt service reserve requirements.
204 (b) It is the intent of the Legislature that the authority seek out the most cost effective
205 and prudent lease purchase plan available with technical assistance from the state treasurer, the
206 director of the Division of Finance, and the director of the Governor's Office of Planning and
207 Budget.
208 (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
209 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
210 Act, to issue or execute obligations or enter into or arrange for lease purchase agreements in
211 which participation interests may be created, to provide up to $5,000,000 for the acquisition or
212 construction of up to 13 stores for the Department of Alcoholic Beverage Control, together
213 with additional amounts necessary to:

214 (i) pay costs of issuance;
215 (ii) pay capitalized interest; and
216 (iii) fund any debt service reserve requirements.
217 (b) It is the intent of the Legislature that the authority seek out the most cost effective
218 and prudent lease purchase plan available with technical assistance from the state treasurer, the
219 director of the Division of Finance, and the director of the Governor's Office of Planning and
220 Budget.
221 (c) It is the intent of the Legislature that the operating budget for the Department of
222 Alcoholic Beverage Control not be increased to fund these lease payments.
223 (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
224 Authority under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority
225 Act, to issue or execute obligations or enter into or arrange for a lease purchase agreement in
226 which participation interests may be created, to provide up to $6,800,000 for the construction
227 of a Prerelease and Parole Center for the Department of Corrections, containing a minimum of
228 300 beds, together with additional amounts necessary to:
229 (i) pay costs of issuance;
230 (ii) pay capitalized interest; and
231 (iii) fund any debt service reserve requirements.
232 (b) It is the intent of the Legislature that the authority seek out the most cost effective
233 and prudent lease purchase plan available with technical assistance from the state treasurer, the
234 director of the Division of Finance, and the director of the Governor's Office of Planning and
235 Budget.
236 (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
237 in Salt Lake City, becomes law, it is the intent of the Legislature that:
238 (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
239 for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
240 the Office of the Legislative Fiscal Analyst, the Governor's Office of Planning and Budget, and
241 the State Building Board participate in a review of the proposed facility design for the Courts
242 Complex no later than December 1994; and
243 (b) although this review will not affect the funding authorization issued by the 1994
244 Legislature, it is expected that Division of Facilities Construction and Management will give

245 proper attention to concerns raised in these reviews and make appropriate design changes
246 pursuant to the review.
247 (10) It is the intent of the Legislature that:
248 (a) the Division of Facilities Construction and Management, in cooperation with the
249 Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
250 develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
251 to the Division of Juvenile Justice Services;
252 (b) the development process use existing prototype proposals unless it can be
253 quantifiably demonstrated that the proposals cannot be used;
254 (c) the facility is designed so that with minor modifications, it can accommodate
255 detention, observation and assessment, transition, and secure programs as needed at specific
256 geographical locations;
257 (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
258 of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
259 design and construct one facility and design the other;
260 (ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
261 Justice Services shall:
262 (A) determine the location for the facility for which design and construction are fully
263 funded; and
264 (B) in conjunction with the Division of Facilities Construction and Management,
265 determine the best methodology for design and construction of the fully funded facility;
266 (e) the Division of Facilities Construction and Management submit the prototype as
267 soon as possible to the Capital Facilities and Administrative Services Appropriation
268 Subcommittee and Executive Offices, Criminal Justice, and Legislature Appropriation
269 Subcommittee for review;
270 (f) the Division of Facilities Construction and Management issue a Request for
271 Proposal for one of the facilities, with that facility designed and constructed entirely by the
272 winning firm;
273 (g) the other facility be designed and constructed under the existing Division of
274 Facilities Construction and Management process;
275 (h) that both facilities follow the program needs and specifications as identified by

276 Division of Facilities Construction and Management and the Division of Youth Corrections
277 renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
278 (i) the fully funded facility should be ready for occupancy by September 1, 1995.
279 (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
280 Park Master Study be used by the Division of Facilities Construction and Management to
281 develop a master plan for the State Fair Park that:
282 (a) identifies capital facilities needs, capital improvement needs, building
283 configuration, and other long term needs and uses of the State Fair Park and its buildings; and
284 (b) establishes priorities for development, estimated costs, and projected timetables.
285 (12) It is the intent of the Legislature that:
286 (a) the Division of Facilities Construction and Management, in cooperation with the
287 Division of Parks and Recreation and surrounding counties, develop a master plan and general
288 program for the phased development of Antelope Island;
289 (b) the master plan:
290 (i) establish priorities for development;
291 (ii) include estimated costs and projected time tables; and
292 (iii) include recommendations for funding methods and the allocation of
293 responsibilities between the parties; and
294 (c) the results of the effort be reported to the Natural Resources Appropriations
295 Subcommittee and Capital Facilities and Administrative Services Appropriation
296 Subcommittee.
297 (13) It is the intent of the Legislature to authorize the University of Utah to use:
298 (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
299 the supervision of the director of the Division of Facilities Construction and Management
300 unless supervisory authority is delegated by the director; and
301 (b) donated and other nonappropriated funds to plan, design, and construct the Biology
302 Research Building under the supervision of the director of the Division of Facilities
303 Construction and Management unless supervisory authority is delegated by the director.
304 (14) It is the intent of the Legislature to authorize Utah State University to use:
305 (a) federal and other funds to plan, design, and construct the Bee Lab under the
306 supervision of the director of the Division of Facilities Construction and Management unless

307 supervisory authority is delegated by the director;
308 (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
309 Facility addition and renovation under the supervision of the director of the Division of
310 Facilities Construction and Management unless supervisory authority is delegated by the
311 director;
312 (c) donated and other nonappropriated funds to plan, design, and construct a renovation
313 to the Nutrition and Food Science Building under the supervision of the director of the
314 Division of Facilities Construction and Management unless supervisory authority is delegated
315 by the director; and
316 (d) federal and private funds to plan, design, and construct the Millville Research
317 Facility under the supervision of the director of the Division of Facilities Construction and
318 Management unless supervisory authority is delegated by the director.
319 (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
320 (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
321 Office and Learning Center under the supervision of the director of the Division of Facilities
322 Construction and Management unless supervisory authority is delegated by the director;
323 (b) institutional funds to plan, design, and construct the relocation and expansion of a
324 temporary maintenance compound under the supervision of the director of the Division of
325 Facilities Construction and Management unless supervisory authority is delegated by the
326 director; and
327 (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
328 supervision of the director of the Division of Facilities Construction and Management unless
329 supervisory authority is delegated by the director.
330 (16) It is the intent of the Legislature to authorize Southern Utah University to use:
331 (a) federal funds to plan, design, and construct a Community Services Building under
332 the supervision of the director of the Division of Facilities Construction and Management
333 unless supervisory authority is delegated by the director; and
334 (b) donated and other nonappropriated funds to plan, design, and construct a stadium
335 expansion under the supervision of the director of the Division of Facilities Construction and
336 Management unless supervisory authority is delegated by the director.
337 (17) It is the intent of the Legislature to authorize the Department of Corrections to use

338 donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
339 Facility in Gunnison under the supervision of the director of the Division of Facilities
340 Construction and Management unless supervisory authority is delegated by the director.
341 (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
342 intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
343 to plan and design an Armory in Provo, Utah, under the supervision of the director of the
344 Division of Facilities Construction and Management unless supervisory authority is delegated
345 by the director.
346 (19) It is the intent of the Legislature that the Utah Department of Transportation use
347 $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
348 Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
349 (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
350 Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
351 and purchase equipment for use in that building that could be used in metal trades or other
352 programs in other Applied Technology Centers.
353 (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
354 and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
355 considered as the highest priority projects for construction funding in fiscal year 1996.
356 (22) It is the intent of the Legislature that:
357 (a) the Division of Facilities Construction and Management complete physical space
358 utilization standards by June 30, 1995, for the use of technology education activities;
359 (b) these standards are to be developed with and approved by the State Office of
360 Education, the Board of Regents, and the Utah State Building Board;
361 (c) these physical standards be used as the basis for:
362 (i) determining utilization of any technology space based on number of stations capable
363 and occupied for any given hour of operation; and
364 (ii) requests for any new space or remodeling;
365 (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
366 Ogden-Weber Applied Technology Center are exempt from this process; and
367 (e) the design of the Davis Applied Technology Center take into account the utilization
368 formulas established by the Division of Facilities Construction and Management.

369 (23) It is the intent of the Legislature that Utah Valley State College may use the
370 money from the bond allocated to the remodel of the Signetics building to relocate its technical
371 education programs at other designated sites or facilities under the supervision of the director
372 of the Division of Facilities Construction and Management unless supervisory authority is
373 delegated by the director.
374 (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
375 project for the Bridgerland Applied Technology Center be used to design and construct the
376 space associated with Utah State University and design the technology center portion of the
377 project.
378 (25) It is the intent of the Legislature that the governor provide periodic reports on the
379 expenditure of the funds provided for electronic technology, equipment, and hardware to the
380 [Information Technology Commission] Public Utilities and Technology Interim Committee,
381 the Capital Facilities and Administrative Services Appropriation Subcommittee, and the
382 Legislative Management Committee.
383 Section 4. Section 63F-1-102 is amended to read:
384 63F-1-102. Definitions.
385 As used in this title:
386 (1) "Board" means the Technology Advisory Board created in Section 63F-1-202 .
387 (2) "Chief information officer" means the chief information officer appointed under
388 Section 63F-1-201 .
389 [(3) "Commission" means the Utah Technology Commission created in Section
390 63D-1a-201 .]
391 [(4)] (3) "Computer center" means the location at which a central data processing
392 platform is managed to serve multiple executive branch agencies.
393 [(5)] (4) "Data center" means a centralized repository for the storage, management, and
394 dissemination of data.
395 [(6)] (5) "Department" means the Department of Technology Services.
396 [(7)] (6) (a) Except as provided in Subsection [(7)] (6)(b), "executive branch agency"
397 means an agency or administrative subunit of state government.
398 (b) "Executive branch agency" does not include:
399 (i) the legislative branch;

400 (ii) the judicial branch;
401 (iii) the State Board of Education;
402 (iv) the Board of Regents;
403 (v) institutions of higher education;
404 (vi) independent entities as defined in Section 63E-1-102 ; and
405 (vii) elective constitutional offices of the executive department which includes:
406 (A) the state auditor;
407 (B) the state treasurer; and
408 (C) the attorney general.
409 [(8)] (7) "Executive branch strategic plan" means the executive branch strategic plan
410 created under Section 63F-1-203 .
411 [(9)] (8) "Information technology" means all computerized and auxiliary automated
412 information handling, including:
413 (a) systems design and analysis;
414 (b) acquisition, storage, and conversion of data;
415 (c) computer programming;
416 (d) information storage and retrieval;
417 (e) voice, radio, video, and data communications;
418 (f) requisite systems controls;
419 (g) simulation; and
420 (h) all related interactions between people and machines.
421 [(10)] (9) "State information architecture" means a logically consistent set of
422 principles, policies, and standards that guide the engineering of state government's information
423 technology and infrastructure in a way that ensures alignment with state government's business
424 and service needs.
425 [(11)] (10) "Telecommunications" means the transmission or reception of signs,
426 signals, writing, images, sounds, messages, data, or other information of any nature by wire,
427 radio, light waves, or other electromagnetic means.
428 Section 5. Section 63F-1-104 is amended to read:
429 63F-1-104. Purposes.
430 The department shall:

431 (1) lead state executive branch agency efforts to reengineer the state's information
432 technology architecture with the goal of coordinating central and individual agency information
433 technology in a manner that:
434 (a) ensures compliance with the executive branch agency strategic plan; and
435 (b) ensures that cost-effective, efficient information and communication systems and
436 resources are being used by agencies to:
437 (i) reduce data, hardware, and software redundancy;
438 (ii) improve system interoperability and data accessibility between agencies; and
439 (iii) meet the agency's and user's business and service needs;
440 (2) (a) coordinate an executive branch strategic plan for all agencies;
441 (b) identify best practices from agencies and other public and private sector entities;
442 and
443 (c) develop and implement processes to replicate information technology best practices
444 and standards throughout the executive branch;
445 (3) oversee the expanded use and implementation of project and contract management
446 principles as they relate to information technology projects within the executive branch;
447 (4) serve as general contractor between the state's information technology users and
448 private sector providers of information technology products and services;
449 (5) work toward building stronger partnering relationships with providers;
450 (6) develop service level agreements with executive branch departments and agencies
451 to ensure quality products and services are delivered on schedule and within budget;
452 (7) develop standards for application development including a standard methodology
453 and cost-benefit analysis that all agencies shall utilize for application development activities;
454 (8) determine and implement statewide efforts to standardize data elements and
455 determine data ownership assignments among executive branch agencies;
456 (9) develop systems and methodologies to review, evaluate, and prioritize existing
457 information technology projects within the executive branch and report to the governor and the
458 [commission] Public Utilities and Technology Interim Committee on a semiannual basis
459 regarding the status of information technology projects; and
460 (10) assist the Governor's Office of Planning and Budget with the development of
461 information technology budgets for agencies.

462 Section 6. Section 63F-1-201 is amended to read:
463 63F-1-201. Chief information officer -- Appointment -- Powers -- Reporting.
464 (1) The director of the department shall serve as the state's chief information officer.
465 (2) The chief information officer shall:
466 (a) advise the governor on information technology policy; and
467 (b) perform those duties given the chief information officer by statute.
468 (3) (a) The chief information officer shall report annually to:
469 (i) the governor; and
470 [(ii) the commission; and]
471 [(iii)] (ii) the Public Utilities and Technology Interim Committee.
472 (b) The report required under Subsection (3)(a) shall:
473 (i) summarize the state's current and projected use of information technology;
474 (ii) summarize the executive branch strategic plan including a description of major
475 changes in the executive branch strategic plan; and
476 (iii) provide a brief description of each state agency's information technology plan.
477 (4) (a) In accordance with this section, the chief information officer shall prepare an
478 interbranch information technology coordination plan that provides for the coordination where
479 possible of the development, acquisition, and maintenance of information technology and
480 information systems of:
481 (i) the executive branch;
482 (ii) the judicial branch;
483 (iii) the legislative branch;
484 (iv) the Board of Regents; and
485 (v) the State Board of Education.
486 (b) In the development of the interbranch coordination plan, the chief information
487 officer shall consult with the entities described in Subsection (4)(a).
488 (c) The interbranch coordination plan:
489 (i) is an advisory document; and
490 (ii) does not bind any entity described in Subsection (4)(a).
491 (d) (i) The chief information officer shall submit the interbranch coordination plan to
492 the Public Utilities and Technology Interim Committee for comment.

493 (ii) The chief information officer may modify the interbranch coordination plan:
494 (A) at the request of the Public Utilities and Technology Interim Committee; or
495 (B) to improve the coordination between the entities described in Subsection (4)(a).
496 (iii) Any amendment to the interbranch coordination plan is subject to this Subsection
497 (4) in the same manner as the interbranch coordination plan is subject to this Subsection (4).
498 (5) In a manner consistent with the interbranch coordination plan created in accordance
499 with Subsection (4), the chief information officer shall maintain liaisons with:
500 (a) the judicial branch;
501 (b) the legislative branch;
502 (c) the Board of Regents;
503 (d) the State Board of Education;
504 (e) local government;
505 (f) the federal government;
506 (g) business and industry; and
507 (h) those members of the public who use information technology or systems of the
508 state.
509 Section 7. Section 63F-1-203 is amended to read:
510 63F-1-203. Executive branch information technology strategic plan.
511 (1) In accordance with this section, the chief information officer shall prepare an
512 executive branch information technology strategic plan:
513 (a) that complies with this chapter; and
514 (b) which shall include:
515 (i) a strategic plan for the:
516 (A) interchange of information related to information technology between executive
517 branch agencies;
518 (B) coordination between executive branch agencies in the development and
519 maintenance of information technology and information systems, including the coordination of
520 agency information technology plans described in Section 63F-1-204 ; and
521 (C) protection of the privacy of individuals who use state information technology or
522 information systems;
523 (ii) priorities for the development and implementation of information technology or

524 information systems including priorities determined on the basis of:
525 (A) the importance of the information technology or information system; and
526 (B) the time sequencing of the information technology or information system; and
527 (iii) maximizing the use of existing state information technology resources.
528 (2) In the development of the executive branch strategic plan, the chief information
529 officer shall consult with all cabinet level officials and the advisory board created in Section
530 63F-1-202 .
531 (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
532 with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
533 which the executive branch strategic plan is submitted to:
534 (i) the governor; and
535 (ii) the [commission] Public Utilities and Technology Interim Committee.
536 (b) The chief information officer or the governor may withdraw the executive branch
537 strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
538 determines that the executive branch strategic plan:
539 (i) should be modified; or
540 (ii) for any other reason should not take effect.
541 (c) The [commission] Public Utilities and Technology Interim Committee may make
542 recommendations to the governor and to the chief information officer if the commission
543 determines that the executive branch strategic plan should be modified or for any other reason
544 should not take effect.
545 (d) Modifications adopted by the chief information officer shall be resubmitted to the
546 governor and the [commission] Public Utilities and Technology Interim Committee for their
547 review or approval as provided in Subsections (3)(a) and (b).
548 (4) The executive branch strategic plan is to be implemented by executive branch
549 agencies through each executive branch agency adopting an agency information technology
550 plan in accordance with Section 63F-1-204 .
551 Section 8. Section 63F-1-404 is amended to read:
552 63F-1-404. Duties of the division.
553 The division shall:
554 (1) develop and implement an effective enterprise architecture governance model for

555 the executive branch;
556 (2) provide oversight of information technology projects that impact statewide
557 information technology services, assets, or functions of state government to:
558 (a) control costs;
559 (b) ensure business value to a project;
560 (c) maximize resources;
561 (d) ensure the uniform application of best practices; and
562 (e) avoid duplication of resources;
563 (3) develop a method of accountability to agencies for services provided by the
564 division through service agreements with the agencies;
565 (4) beginning September 1, 2006, and each September 1 thereafter, provide the chief
566 information officer and the [commission] Public Utilities and Technology Interim Committee
567 with performance measures used by the division to measure the quality of service delivered by
568 the division and the results of the performance measures;
569 (5) serve as a project manager for enterprise architecture which includes the
570 management of applications, standards, and procurement of enterprise architecture;
571 (6) coordinate the development and implementation of advanced state
572 telecommunication systems;
573 (7) provide services including technical assistance:
574 (a) to executive branch agencies and subscribers to the services; and
575 (b) related to information technology or telecommunications;
576 (8) establish telecommunication system specifications and standards for use by:
577 (a) one or more executive branch agencies; or
578 (b) one or more entities that subscribe to the telecommunication systems in accordance
579 with Section 63F-1-303 ;
580 (9) coordinate state telecommunication planning in cooperation with:
581 (a) state telecommunication users;
582 (b) executive branch agencies; and
583 (c) other subscribers to the state's telecommunication systems;
584 (10) cooperate with the federal government, other state entities, counties, and
585 municipalities in the development, implementation, and maintenance of:

586 (a) (i) governmental information technology; or
587 (ii) governmental telecommunication systems; and
588 (b) (i) as part of a cooperative organization; or
589 (ii) through means other than a cooperative organization;
590 (11) establish, operate, manage, and maintain:
591 (a) one or more state data centers; and
592 (b) one or more regional computer centers;
593 (12) design, implement, and manage all state-owned, leased, or rented land, mobile, or
594 radio telecommunication systems that are used in the delivery of services for state government
595 or its political subdivisions;
596 (13) in accordance with the executive branch strategic plan, implement minimum
597 standards to be used by the division for purposes of compatibility of procedures, programming
598 languages, codes, and media that facilitate the exchange of information within and among
599 telecommunication systems; and
600 (14) provide the chief information officer with an analysis of an executive branch
601 agency information technology plan that includes:
602 (a) an assessment of how the implementation of the agency information technology
603 plan will affect the costs, operations, and services of:
604 (i) the department; and
605 (ii) other executive branch agencies; and
606 (b) any recommended changes to the plan.
607 Section 9. Section 63F-1-504 is amended to read:
608 63F-1-504. Duties of the division.
609 The division shall:
610 (1) establish standards for the information technology needs of a collection of
611 executive branch agencies or programs that share common characteristics relative to the types
612 of stakeholders they serve, including:
613 (a) project management;
614 (b) application development; and
615 (c) procurement;
616 (2) provide oversight of information technology standards that impact multiple

617 executive branch agency information technology services, assets, or functions to:
618 (a) control costs;
619 (b) ensure business value to a project;
620 (c) maximize resources;
621 (d) ensure the uniform application of best practices; and
622 (e) avoid duplication of resources;
623 (3) in accordance with Section 63F-1-204 , provide the chief information officer a
624 written analysis of any agency information technology plan provided to the division, which
625 shall include:
626 (a) a review of whether the agency's technology projects impact multiple agencies and
627 if so, whether the information technology projects are appropriately designed and developed;
628 (b) an assessment of whether the agency plan complies with the state information
629 architecture; and
630 (c) an assessment of whether the information technology projects included in the
631 agency plan comply with policies, procedures, and rules adopted by the department to ensure
632 that:
633 (i) information technology projects are phased in;
634 (ii) funding is released in phases;
635 (iii) an agency's authority to proceed to the next phase of an information technology
636 project is contingent upon the successful completion of the prior phase; and
637 (iv) one or more specific deliverables is identified for each phase of a technology
638 project;
639 (4) establish a system of accountability to user agencies through the use of service
640 agreements;
641 (5) each year, provide the chief information officer and the [commission] Public
642 Utilities and Technology Interim Committee with performance measures used by the division
643 to measure the quality of services delivered by the division and results of those measures; and
644 (6) establish administrative rules in accordance with Section 63F-1-206 and as required
645 by Section 63F-1-506 .
646 Section 10. Section 63F-1-604 is amended to read:
647 63F-1-604. Duties of the division.

648 The division shall:
649 (1) be responsible for providing support to executive branch agencies for an agency's
650 information technology assets and functions that are unique to the executive branch agency and
651 are mission critical functions of the agency;
652 (2) conduct audits of an executive branch agency when requested under the provisions
653 of Section 63F-1-208 ;
654 (3) conduct cost-benefit analysis of delegating a department function to an agency in
655 accordance with Section 63F-1-208 ;
656 (4) provide in-house information technology staff support to executive branch
657 agencies;
658 (5) establish accountability and performance measures for the division to assure that
659 the division is meeting the business and service needs of the state and individual executive
660 branch agencies;
661 (6) establish a committee composed of agency user groups for the purpose of
662 coordinating department services with agency needs;
663 (7) assist executive branch agencies in complying with the requirements of any rule
664 adopted by the chief information officer; and
665 (8) by July 1, 2006 and each July 1 thereafter, report to the [commission] Public
666 Utilities and Technology Interim Committee on the performance measures used by the division
667 under Subsection (5) and the results.




Legislative Review Note
as of 1-24-11 7:43 AM

Office of Legislative Research and General Counsel