2
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7 LONG TITLE
8 General Description:
9 This bill combines the Department of Administrative Services, The Department of
10 Technology Services, and the Department of Human Resource Management into one,
11 new department, the Department of Government Operations.
12 Highlighted Provisions:
13 This bill:
14 ▸ combines the Department of Administrative Services, the Department of
15 Technology Services, and the Department of Human Resource Management into
16 one, new department, the Department of Government Operations;
17 ▸ transfers existing divisions and offices within the Department of Administrative
18 Services to the Department of Government Operations;
19 ▸ changes the Department of Technology Services and the Department of Human
20 Resource Management to divisions within the Department of Government
21 Operations;
22 ▸ recodifies the following:
23 • Title 63F, Utah Technology Governance Act;
24 • Title 67, Chapter 19, Utah State Personnel Management Act;
25 • Title 67, Chapter 19a, Grievance Procedures;
26 • Title 67, Chapter 19d, State Post-Retirement Benefits Trust Fund Act;
27 • Title 67, Chapter 19e, Administrative Law Judges;
28 • Title 67, Chapter 19f, State Employees' Annual Leave Trust Fund Act;
29 • Title 67, Chapter 25, General Requirements for State Officers and Employees;
30 and
31 • Title 67, Chapter 26, Utah Public Employees Healthy Workplace Act; and
32 ▸ makes conforming and technical changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides a special effective date.
37 This bill provides revisor instructions.
38 Utah Code Sections Affected:
39 AMENDS:
40 4-41a-107, as enacted by Laws of Utah 2019, Chapter 341
41 11-38-102, as last amended by Laws of Utah 2013, Chapter 310
42 13-1a-3, as last amended by Laws of Utah 2006, Chapter 139
43 13-2-3, as last amended by Laws of Utah 1999, Chapter 21
44 15A-1-203, as last amended by Laws of Utah 2020, Chapter 339
45 20A-20-201, as enacted by Laws of Utah 2020, Chapter 288
46 26-61a-103, as last amended by Laws of Utah 2020, Chapter 12
47 26-61a-111, as last amended by Laws of Utah 2020, Chapter 12
48 31A-2-113, as enacted by Laws of Utah 1985, Chapter 242
49 35A-1-205, as last amended by Laws of Utah 2010, Chapter 286
50 35A-13-302, as last amended by Laws of Utah 2017, Chapter 223
51 36-11-307, as last amended by Laws of Utah 2019, Chapter 339
52 46-1-3, as last amended by Laws of Utah 2019, Chapter 192
53 46-4-503, as last amended by Laws of Utah 2016, Chapter 348
54 46-5-102, as enacted by Laws of Utah 2018, Chapter 100
55 49-11-406, as last amended by Laws of Utah 2020, Chapter 24
56 49-14-201, as last amended by Laws of Utah 2016, Chapter 227
57 49-15-201, as last amended by Laws of Utah 2016, Chapter 227
58 49-20-401, as last amended by Laws of Utah 2019, Chapter 393
59 49-20-410, as last amended by Laws of Utah 2018, Chapter 155
60 53-1-106, as last amended by Laws of Utah 2019, Chapter 441
61 53-2a-105, as last amended by Laws of Utah 2020, Chapter 85
62 53-2a-802, as last amended by Laws of Utah 2020, Chapter 365
63 53-6-104, as last amended by Laws of Utah 2006, Chapter 139
64 53-10-108, as last amended by Laws of Utah 2019, Chapters 136, 192, and 404
65 53B-17-105, as last amended by Laws of Utah 2020, Chapter 365
66 53C-1-201, as last amended by Laws of Utah 2020, Chapter 363
67 53D-1-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
68 53E-8-301, as last amended by Laws of Utah 2019, Chapter 186
69 54-1-6, as last amended by Laws of Utah 2006, Chapter 139
70 54-4a-3, as last amended by Laws of Utah 2006, Chapter 139
71 61-1-18, as last amended by Laws of Utah 2009, Chapter 351
72 61-2-201, as last amended by Laws of Utah 2016, Chapter 381
73 62A-1-121, as renumbered and amended by Laws of Utah 2018, Chapter 367
74 62A-1-122, as last amended by Laws of Utah 2019, Chapter 335
75 62A-15-613, as last amended by Laws of Utah 2018, Chapter 322
76 63A-1-101, as renumbered and amended by Laws of Utah 1993, Chapter 212
77 63A-1-102, as renumbered and amended by Laws of Utah 1993, Chapter 212
78 63A-1-103, as last amended by Laws of Utah 2016, Chapter 298
79 63A-1-104, as renumbered and amended by Laws of Utah 1993, Chapter 212
80 63A-1-109, as last amended by Laws of Utah 2016, Chapter 193
81 63A-1-114, as last amended by Laws of Utah 2018, Chapter 137
82 63A-1-201, as renumbered and amended by Laws of Utah 2019, Chapter 370
83 63A-1-203, as renumbered and amended by Laws of Utah 2019, Chapter 370
84 63A-2-101, as last amended by Laws of Utah 1997, Chapter 252
85 63A-4-101, as last amended by Laws of Utah 2006, Chapter 275
86 63A-5b-202, as enacted by Laws of Utah 2020, Chapter 152
87 63A-9-101, as last amended by Laws of Utah 2017, Chapter 382
88 63A-9-201, as enacted by Laws of Utah 1996, Chapter 334
89 63A-9-301, as last amended by Laws of Utah 2010, Chapter 286
90 63A-9-401, as last amended by Laws of Utah 2015, Chapter 179
91 63A-9-501, as last amended by Laws of Utah 2006, Chapter 139
92 63A-12-101, as last amended by Laws of Utah 2019, Chapter 254
93 63A-12-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
94 63A-12-103, as last amended by Laws of Utah 2019, Chapter 254
95 63A-12-104, as last amended by Laws of Utah 2020, Chapter 399
96 63A-13-201, as last amended by Laws of Utah 2019, Chapter 286
97 63B-1-304, as last amended by Laws of Utah 2020, Chapter 152
98 63B-7-501, as last amended by Laws of Utah 2008, Chapter 382
99 63E-1-302, as last amended by Laws of Utah 2006, Chapter 46
100 63G-1-301, as last amended by Laws of Utah 2018, Chapter 39
101 63G-2-501, as last amended by Laws of Utah 2020, Chapters 352 and 373
102 63G-3-102, as last amended by Laws of Utah 2020, Chapter 408
103 63G-3-401, as last amended by Laws of Utah 2020, Chapter 408
104 63G-6a-106, as last amended by Laws of Utah 2020, Chapter 257
105 63G-6a-116, as last amended by Laws of Utah 2017, Chapter 348
106 63G-6a-202, as last amended by Laws of Utah 2020, Chapter 365
107 63G-6a-302, as last amended by Laws of Utah 2020, Chapter 257
108 63G-6a-303, as last amended by Laws of Utah 2020, Chapter 257
109 63G-6a-506, as last amended by Laws of Utah 2020, Chapter 257
110 63G-7-901, as renumbered and amended by Laws of Utah 2008, Chapter 382
111 63G-10-501, as enacted by Laws of Utah 2015, Chapter 355
112 63G-21-102, as last amended by Laws of Utah 2018, Chapter 281
113 63J-1-206, as last amended by Laws of Utah 2020, Chapters 152, 231, 402 and last
114 amended by Coordination Clause, Laws of Utah 2020, Chapter 231
115 63J-1-219, as last amended by Laws of Utah 2020, Chapter 365
116 63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
117 and 20
118 67-1-8.1, as last amended by Laws of Utah 2017, Chapter 181
119 67-5-7, as last amended by Laws of Utah 2007, Chapter 166
120 67-5-22, as last amended by Laws of Utah 2008, Chapter 161
121 67-8-3, as last amended by Laws of Utah 2020, Chapter 365
122 67-8-5, as last amended by Laws of Utah 2020, Chapter 432
123 67-20-8, as last amended by Laws of Utah 2006, Chapter 139
124 67-22-2, as last amended by Laws of Utah 2018, Chapter 39
125 72-1-202, as last amended by Laws of Utah 2020, Chapter 352
126 79-2-401, as renumbered and amended by Laws of Utah 2009, Chapter 344
127 ENACTS:
128 63A-17-107, Utah Code Annotated 1953
129 63A-17-501, Utah Code Annotated 1953
130 RENUMBERS AND AMENDS:
131 63A-16-101, (Renumbered from 63F-1-101, as enacted by Laws of Utah 2005, Chapter
132 169)
133 63A-16-102, (Renumbered from 63F-1-102, as last amended by Laws of Utah 2020,
134 Chapter 365)
135 63A-16-103, (Renumbered from 63F-1-103, as last amended by Laws of Utah 2009,
136 Chapter 183)
137 63A-16-104, (Renumbered from 63F-1-104, as last amended by Laws of Utah 2020,
138 Chapter 94)
139 63A-16-105, (Renumbered from 63F-1-106, as last amended by Laws of Utah 2017,
140 Chapter 238)
141 63A-16-106, (Renumbered from 63F-1-107, as enacted by Laws of Utah 2005, Chapter
142 169)
143 63A-16-201, (Renumbered from 63F-1-201, as last amended by Laws of Utah 2019,
144 Chapter 61)
145 63A-16-202, (Renumbered from 63F-1-203, as last amended by Laws of Utah 2019,
146 Chapter 246)
147 63A-16-203, (Renumbered from 63F-1-204, as last amended by Laws of Utah 2017,
148 Chapter 238)
149 63A-16-204, (Renumbered from 63F-1-205, as last amended by Laws of Utah 2018,
150 Chapter 81)
151 63A-16-205, (Renumbered from 63F-1-206, as last amended by Laws of Utah 2020,
152 Chapter 365)
153 63A-16-206, (Renumbered from 63F-1-207, as last amended by Laws of Utah 2017,
154 Chapter 238)
155 63A-16-207, (Renumbered from 63F-1-208, as last amended by Laws of Utah 2017,
156 Chapter 238)
157 63A-16-208, (Renumbered from 63F-1-209, as last amended by Laws of Utah 2017,
158 Chapter 238)
159 63A-16-209, (Renumbered from 63F-1-210, as last amended by Laws of Utah 2017,
160 Chapter 238)
161 63A-16-210, (Renumbered from 63F-1-211, as enacted by Laws of Utah 2017, Chapter
162 238)
163 63A-16-211, (Renumbered from 63F-1-212, as last amended by Laws of Utah 2019,
164 Chapter 61)
165 63A-16-212, (Renumbered from 63F-1-603, as repealed and reenacted by Laws of Utah
166 2017, Chapter 238)
167 63A-16-213, (Renumbered from 63F-1-604, as last amended by Laws of Utah 2017,
168 Chapter 238)
169 63A-16-301, (Renumbered from 63F-1-301, as last amended by Laws of Utah 2009,
170 Chapter 183)
171 63A-16-302, (Renumbered from 63F-1-302, as last amended by Laws of Utah 2016,
172 Chapter 287)
173 63A-16-303, (Renumbered from 63F-1-303, as last amended by Laws of Utah 2020,
174 Chapter 365)
175 63A-16-401, (Renumbered from 63F-1-402, as enacted by Laws of Utah 2005, Chapter
176 169)
177 63A-16-402, (Renumbered from 63F-1-403, as repealed and reenacted by Laws of Utah
178 2017, Chapter 238)
179 63A-16-403, (Renumbered from 63F-1-404, as last amended by Laws of Utah 2017,
180 Chapter 238)
181 63A-16-501, (Renumbered from 63F-1-502, as last amended by Laws of Utah 2017,
182 Chapter 238)
183 63A-16-502, (Renumbered from 63F-1-503, as repealed and reenacted by Laws of Utah
184 2017, Chapter 238)
185 63A-16-503, (Renumbered from 63F-1-504, as last amended by Laws of Utah 2017,
186 Chapter 238)
187 63A-16-504, (Renumbered from 63F-1-505, as enacted by Laws of Utah 2005, Chapter
188 169)
189 63A-16-505, (Renumbered from 63F-1-506, as last amended by Laws of Utah 2009,
190 Chapter 350)
191 63A-16-506, (Renumbered from 63F-1-507, as last amended by Laws of Utah 2019,
192 Chapter 35)
193 63A-16-507, (Renumbered from 63F-1-508, as last amended by Laws of Utah 2013,
194 Chapter 310)
195 63A-16-508, (Renumbered from 63F-1-509, as last amended by Laws of Utah 2020,
196 Chapter 154)
197 63A-16-509, (Renumbered from 63F-1-510, as last amended by Laws of Utah 2016,
198 Chapter 171)
199 63A-16-601, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2020,
200 Chapter 154)
201 63A-16-602, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
202 249)
203 63A-16-701, (Renumbered from 63F-2-102, as last amended by Laws of Utah 2020,
204 Chapters 354 and 365)
205 63A-16-702, (Renumbered from 63F-2-103, as last amended by Laws of Utah 2016,
206 Chapter 13)
207 63A-16-801, (Renumbered from 63F-3-102, as last amended by Laws of Utah 2019,
208 Chapter 174)
209 63A-16-802, (Renumbered from 63F-3-103, as last amended by Laws of Utah 2020,
210 Chapter 270)
211 63A-16-803, (Renumbered from 63F-3-103.5, as last amended by Laws of Utah 2020,
212 Chapter 270)
213 63A-16-804, (Renumbered from 63F-3-104, as last amended by Laws of Utah 2019,
214 Chapter 174)
215 63A-16-901, (Renumbered from 63F-4-102, as enacted by Laws of Utah 2018, Chapter
216 144)
217 63A-16-902, (Renumbered from 63F-4-201, as last amended by Laws of Utah 2019,
218 Chapter 246)
219 63A-16-903, (Renumbered from 63F-4-202, as last amended by Laws of Utah 2019,
220 Chapter 246)
221 63A-17-101, (Renumbered from 67-19-1, as enacted by Laws of Utah 1979, Chapter
222 139)
223 63A-17-102, (Renumbered from 67-19-3, as last amended by Laws of Utah 2017,
224 Chapter 463)
225 63A-17-103, (Renumbered from 67-19-3.1, as last amended by Laws of Utah 2010,
226 Chapter 249)
227 63A-17-104, (Renumbered from 67-19-4, as last amended by Laws of Utah 2003,
228 Chapter 65)
229 63A-17-105, (Renumbered from 67-19-5, as last amended by Laws of Utah 2009,
230 Chapter 183)
231 63A-17-106, (Renumbered from 67-19-6, as last amended by Laws of Utah 2018,
232 Chapters 154 and 200)
233 63A-17-108, (Renumbered from 67-19-29, as enacted by Laws of Utah 1979, Chapter
234 139)
235 63A-17-109, (Renumbered from 67-19-26, as last amended by Laws of Utah 2005,
236 Chapter 181)
237 63A-17-201, (Renumbered from 67-19-6.1, as last amended by Laws of Utah 2010,
238 Chapter 249)
239 63A-17-202, (Renumbered from 67-19-11, as last amended by Laws of Utah 2016,
240 Chapters 228, 287 and last amended by Coordination Clause, Laws of Utah 2016,
241 Chapter 287)
242 63A-17-301, (Renumbered from 67-19-15, as last amended by Laws of Utah 2020,
243 Chapter 360)
244 63A-17-302, (Renumbered from 67-19-15.1, as last amended by Laws of Utah 2006,
245 Chapter 139)
246 63A-17-303, (Renumbered from 67-19-15.6, as last amended by Laws of Utah 2020,
247 Chapter 109)
248 63A-17-304, (Renumbered from 67-19-15.7, as last amended by Laws of Utah 2017,
249 Chapter 463)
250 63A-17-305, (Renumbered from 67-19-16, as last amended by Laws of Utah 2010,
251 Chapters 103 and 249)
252 63A-17-306, (Renumbered from 67-19-18, as last amended by Laws of Utah 2010,
253 Chapter 249)
254 63A-17-307, (Renumbered from 67-19-12, as last amended by Laws of Utah 2017,
255 Chapter 463)
256 63A-17-401, (Renumbered from 67-19-13, as last amended by Laws of Utah 2006,
257 Chapter 139)
258 63A-17-402, (Renumbered from 67-19-13.5, as last amended by Laws of Utah 2016,
259 Chapter 348)
260 63A-17-403, (Renumbered from 67-19-42, as enacted by Laws of Utah 2004, Chapter
261 130)
262 63A-17-502, (Renumbered from 67-19-6.7, as last amended by Laws of Utah 2018,
263 Chapter 39)
264 63A-17-503, (Renumbered from 67-19-12.7, as last amended by Laws of Utah 2006,
265 Chapter 139)
266 63A-17-504, (Renumbered from 67-19-12.9, as last amended by Laws of Utah 2006,
267 Chapter 139)
268 63A-17-505, (Renumbered from 67-19-14, as last amended by Laws of Utah 2013,
269 Chapter 109)
270 63A-17-506, (Renumbered from 67-19-14.1, as last amended by Laws of Utah 2015,
271 Chapter 155)
272 63A-17-507, (Renumbered from 67-19-14.2, as last amended by Laws of Utah 2013,
273 Chapter 277)
274 63A-17-508, (Renumbered from 67-19-14.4, as last amended by Laws of Utah 2016,
275 Chapter 227)
276 63A-17-509, (Renumbered from 67-19-14.5, as last amended by Laws of Utah 2017,
277 Chapter 254)
278 63A-17-510, (Renumbered from 67-19-14.6, as last amended by Laws of Utah 2015,
279 Chapter 368)
280 63A-17-511 (Effective 07/01/21), (Renumbered from 67-19-14.7 (Effective 07/01/21),
281 as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20)
282 63A-17-512, (Renumbered from 67-19-27, as last amended by Laws of Utah 2012,
283 Chapter 159)
284 63A-17-601, (Renumbered from 67-19a-101, as last amended by Laws of Utah 2020,
285 Chapter 155)
286 63A-17-602, (Renumbered from 67-19a-102, as last amended by Laws of Utah 2020,
287 Chapter 155)
288 63A-17-603, (Renumbered from 67-19a-201, as last amended by Laws of Utah 2020,
289 Chapter 373)
290 63A-17-604, (Renumbered from 67-19a-202, as last amended by Laws of Utah 2020,
291 Chapter 155)
292 63A-17-605, (Renumbered from 67-19a-203, as last amended by Laws of Utah 2010,
293 Chapter 249)
294 63A-17-606, (Renumbered from 67-19a-204, as last amended by Laws of Utah 2015,
295 Chapter 339)
296 63A-17-607, (Renumbered from 67-19a-205, as enacted by Laws of Utah 2018,
297 Chapter 390)
298 63A-17-608, (Renumbered from 67-19a-301, as last amended by Laws of Utah 2018,
299 Chapter 390)
300 63A-17-609, (Renumbered from 67-19a-302, as repealed and reenacted by Laws of
301 Utah 2018, Chapter 390)
302 63A-17-610, (Renumbered from 67-19a-303, as last amended by Laws of Utah 2018,
303 Chapter 390)
304 63A-17-611, (Renumbered from 67-19a-401, as last amended by Laws of Utah 2018,
305 Chapter 390)
306 63A-17-612, (Renumbered from 67-19a-402, as last amended by Laws of Utah 2018,
307 Chapter 390)
308 63A-17-613, (Renumbered from 67-19a-402.5, as last amended by Laws of Utah 2018,
309 Chapter 390)
310 63A-17-614, (Renumbered from 67-19a-403, as last amended by Laws of Utah 2010,
311 Chapter 249)
312 63A-17-615, (Renumbered from 67-19a-404, as last amended by Laws of Utah 2010,
313 Chapter 249)
314 63A-17-616, (Renumbered from 67-19a-405, as enacted by Laws of Utah 1989,
315 Chapter 191)
316 63A-17-617, (Renumbered from 67-19a-406, as last amended by Laws of Utah 2018,
317 Chapters 127 and 390)
318 63A-17-618, (Renumbered from 67-19a-501, as last amended by Laws of Utah 2020,
319 Chapter 155)
320 63A-17-701, (Renumbered from 67-19-30, as last amended by Laws of Utah 2010,
321 Chapter 249)
322 63A-17-702, (Renumbered from 67-19-31, as last amended by Laws of Utah 2008,
323 Chapter 382)
324 63A-17-703, (Renumbered from 67-19-32, as last amended by Laws of Utah 1997,
325 Chapter 375)
326 63A-17-801, (Renumbered from 67-26-102, as enacted by Laws of Utah 2020, Chapter
327 155)
328 63A-17-802, (Renumbered from 67-26-103, as enacted by Laws of Utah 2020, Chapter
329 155)
330 63A-17-803, (Renumbered from 67-26-201, as enacted by Laws of Utah 2020, Chapter
331 155)
332 63A-17-804, (Renumbered from 67-26-202, as enacted by Laws of Utah 2020, Chapter
333 155)
334 63A-17-805, (Renumbered from 67-26-203, as enacted by Laws of Utah 2020, Chapter
335 155)
336 63A-17-806, (Renumbered from 67-26-301, as renumbered and amended by Laws of
337 Utah 2020, Chapter 155)
338 63A-17-901, (Renumbered from 67-19e-102, as last amended by Laws of Utah 2016,
339 Chapter 237)
340 63A-17-902, (Renumbered from 67-19e-103, as last amended by Laws of Utah 2016,
341 Chapter 237)
342 63A-17-903, (Renumbered from 67-19e-104, as last amended by Laws of Utah 2016,
343 Chapter 237)
344 63A-17-904, (Renumbered from 67-19e-104.5, as enacted by Laws of Utah 2016,
345 Chapter 237)
346 63A-17-905, (Renumbered from 67-19e-105, as enacted by Laws of Utah 2013,
347 Chapter 165)
348 63A-17-906, (Renumbered from 67-19e-106, as last amended by Laws of Utah 2016,
349 Chapter 237)
350 63A-17-907, (Renumbered from 67-19e-107, as enacted by Laws of Utah 2013,
351 Chapter 165)
352 63A-17-908, (Renumbered from 67-19e-108, as last amended by Laws of Utah 2016,
353 Chapter 237)
354 63A-17-909, (Renumbered from 67-19e-109, as enacted by Laws of Utah 2013,
355 Chapter 165)
356 63A-17-910, (Renumbered from 67-19e-110, as last amended by Laws of Utah 2018,
357 Chapter 200)
358 63A-17-1001, (Renumbered from 67-19-6.3, as last amended by Laws of Utah 2006,
359 Chapter 139)
360 63A-17-1002, (Renumbered from 67-19-12.2, as last amended by Laws of Utah 2010,
361 Chapter 249)
362 63A-17-1003, (Renumbered from 67-19-12.5, as last amended by Laws of Utah 2008,
363 Chapter 382)
364 63A-17-1004, (Renumbered from 67-19-14.3, as last amended by Laws of Utah 2005,
365 Chapters 15 and 114)
366 63A-17-1005, (Renumbered from 67-19-43, as last amended by Laws of Utah 2016,
367 Chapter 310)
368 63A-17-1006, (Renumbered from 67-19-45, as enacted by Laws of Utah 2020, Chapter
369 197)
370 63A-17-1007, (Renumbered from 67-19c-101, as last amended by Laws of Utah 2020,
371 Chapter 365)
372 63A-17-1101, (Renumbered from 67-19d-102, as enacted by Laws of Utah 2007,
373 Chapter 99)
374 63A-17-1102, (Renumbered from 67-19d-201, as last amended by Laws of Utah 2011,
375 Chapter 342)
376 63A-17-1103, (Renumbered from 67-19d-201.5, as enacted by Laws of Utah 2012,
377 Chapter 376)
378 63A-17-1104, (Renumbered from 67-19d-202, as last amended by Laws of Utah 2013,
379 Chapter 310)
380 63A-17-1105, (Renumbered from 67-19d-301, as last amended by Laws of Utah 2012,
381 Chapter 376)
382 63A-17-1106, (Renumbered from 67-19d-302, as enacted by Laws of Utah 2007,
383 Chapter 99)
384 63A-17-1201, (Renumbered from 67-19f-102, as last amended by Laws of Utah 2015,
385 Chapter 368)
386 63A-17-1202, (Renumbered from 67-19f-201, as last amended by Laws of Utah 2015,
387 Chapter 368)
388 63A-17-1203, (Renumbered from 67-19f-202, as last amended by Laws of Utah 2015,
389 Chapter 368)
390 63A-17-1204, (Renumbered from 67-19f-301, as enacted by Laws of Utah 2014,
391 Chapter 437)
392 63A-17-1205, (Renumbered from 67-19f-302, as enacted by Laws of Utah 2014,
393 Chapter 437)
394 63A-17-1301, (Renumbered from 67-25-102, as last amended by Laws of Utah 2013,
395 Chapter 425)
396 63A-17-1302, (Renumbered from 67-25-201, as last amended by Laws of Utah 2013,
397 Chapter 433)
398 63A-17-1303, (Renumbered from 67-25-302, as enacted by Laws of Utah 2013,
399 Chapter 425)
400 63A-17-1304, (Renumbered from 67-19-19, as last amended by Laws of Utah 2006,
401 Chapter 139)
402 63A-17-1401, (Renumbered from 67-19-33, as last amended by Laws of Utah 2018,
403 Third Special Session, Chapter 1)
404 63A-17-1402, (Renumbered from 67-19-34, as last amended by Laws of Utah 2008,
405 Chapter 382)
406 63A-17-1403, (Renumbered from 67-19-35, as enacted by Laws of Utah 1990, Chapter
407 280)
408 63A-17-1404, (Renumbered from 67-19-36, as last amended by Laws of Utah 2006,
409 Chapter 139)
410 63A-17-1405, (Renumbered from 67-19-37, as last amended by Laws of Utah 2006,
411 Chapter 139)
412 63A-17-1406, (Renumbered from 67-19-38, as last amended by Laws of Utah 2006,
413 Chapter 139)
414 63A-17-1407, (Renumbered from 67-19-39, as last amended by Laws of Utah 2002,
415 Chapter 185)
416 REPEALS:
417 63F-1-105, as last amended by Laws of Utah 2020, Chapter 352
418 63F-1-401, as repealed and reenacted by Laws of Utah 2017, Chapter 238
419 63F-1-501, as repealed and reenacted by Laws of Utah 2017, Chapter 238
420 63F-1-601, as repealed and reenacted by Laws of Utah 2017, Chapter 238
421 63F-2-101, as enacted by Laws of Utah 2015, Chapter 371
422 63F-3-101, as last amended by Laws of Utah 2019, Chapter 174
423 63F-4-101, as enacted by Laws of Utah 2018, Chapter 144
424 67-19d-101, as enacted by Laws of Utah 2007, Chapter 99
425 67-19e-101, as enacted by Laws of Utah 2013, Chapter 165
426 67-19f-101, as last amended by Laws of Utah 2015, Chapter 368
427 67-25-101, as enacted by Laws of Utah 2011, Chapter 442
428 67-25-301, as enacted by Laws of Utah 2013, Chapter 425
429 67-26-101, as enacted by Laws of Utah 2020, Chapter 155
430
431 Be it enacted by the Legislature of the state of Utah:
432 Section 1. Section 4-41a-107 is amended to read:
433 4-41a-107. Notice to prospective and current public employees.
434 (1) (a) A state employer or a political subdivision employer shall take the action
435 described in Subsection (1)(b) before:
436 (i) giving to a current employee an assignment or duty that arises from or directly
437 relates to an obligation under this chapter; or
438 (ii) hiring a prospective employee whose assignments or duties would include an
439 assignment or duty that arises from or directly relates to an obligation under this chapter.
440 (b) The employer described in Subsection (1)(a) shall give the employee or prospective
441 employee described in Subsection (1)(a) a written notice that notifies the employee or
442 prospective employee:
443 (i) that the employee's or prospective employee's job duties may require the employee
444 or prospective employee to engage in conduct which is in violation of the criminal laws of the
445 United States; and
446 (ii) that in accepting a job or undertaking a duty described in Subsection (1)(a),
447 although the employee or prospective employee is entitled to the protections of Title 67,
448 Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
449 carry out an assignment or duty that may be a violation of the criminal laws of the United
450 States with respect to the manufacture, sale, or distribution of cannabis.
451 (2) The [
452 and publish the form of the notice described in Subsection (1).
453 (3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
454 described in Subsection (1) may not:
455 (a) claim in good faith that the employee's actions violate or potentially violate the laws
456 of the United States with respect to the manufacture, sale, or distribution of cannabis; or
457 (b) refuse to carry out a directive that the employee reasonably believes violates the
458 criminal laws of the United States with respect to the manufacture, sale, or distribution of
459 cannabis.
460 (4) An employer of an employee who has signed the notice described in Subsection (1)
461 may not take retaliatory action as defined in Section [
462 current employee who refuses to sign the notice described in Subsection (1).
463 Section 2. Section 11-38-102 is amended to read:
464 11-38-102. Definitions.
465 As used in this chapter:
466 (1) "Affordable housing" means housing occupied or reserved for occupancy by
467 households with a gross household income equal to or less than 80% of the median gross
468 income of the applicable municipal or county statistical area for households of the same size.
469 (2) "Agricultural land" has the same meaning as "land in agricultural use" under
470 Section 59-2-502.
471 (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
472 land where expansion or redevelopment is complicated by real or perceived environmental
473 contamination.
474 (4) "Commission" means the Quality Growth Commission established in Section
475 11-38-201.
476 (5) "Infill development" means residential, commercial, or industrial development on
477 unused or underused land, excluding open land and agricultural land, within existing, otherwise
478 developed urban areas.
479 (6) "Local entity" means a county, city, or town.
480 (7) (a) "Open land" means land that is:
481 (i) preserved in or restored to a predominantly natural, open, and undeveloped
482 condition; and
483 (ii) used for:
484 (A) wildlife habitat;
485 (B) cultural or recreational use;
486 (C) watershed protection; or
487 (D) another use consistent with the preservation of the land in or restoration of the land
488 to a predominantly natural, open, and undeveloped condition.
489 (b) (i) "Open land" does not include land whose predominant use is as a developed
490 facility for active recreational activities, including baseball, tennis, soccer, golf, or other
491 sporting or similar activity.
492 (ii) The condition of land does not change from a natural, open, and undeveloped
493 condition because of the development or presence on the land of facilities, including trails,
494 waterways, and grassy areas, that:
495 (A) enhance the natural, scenic, or aesthetic qualities of the land; or
496 (B) facilitate the public's access to or use of the land for the enjoyment of its natural,
497 scenic, or aesthetic qualities and for compatible recreational activities.
498 (8) "Program" means the LeRay McAllister Critical Land Conservation Program
499 established in Section 11-38-301.
500 (9) "Surplus land" means real property owned by the Department of [
501
502 Natural Resources, or the Department of Transportation that the individual department
503 determines not to be necessary for carrying out the mission of the department.
504 Section 3. Section 13-1a-3 is amended to read:
505 13-1a-3. Employment and compensation of personnel -- Compensation of
506 director.
507 The director, with the approval of the executive director, may employ personnel
508 necessary to carry out the duties and responsibilities of the division at salaries established by
509 the executive director according to standards established by the [
510 Human Resource Management. The executive director shall establish the salary of the director
511 according to standards established by the [
512 Management.
513 Section 4. Section 13-2-3 is amended to read:
514 13-2-3. Employment of personnel -- Compensation of director.
515 (1) The director, with the approval of the executive director, may employ personnel
516 necessary to carry out the duties and responsibilities of the division at salaries established by
517 the executive director according to standards established by the Department of [
518
519 (2) The executive director shall establish the salary of the director according to
520 standards established by the Department of [
521 (3) The director may employ specialists, technical experts, or investigators to
522 participate or assist in investigations if they reasonably require expertise beyond that normally
523 required for division personnel.
524 (4) An investigator employed pursuant to Subsection (3) may be designated a special
525 function officer, as defined in Section 53-13-105, by the director, but is not eligible for
526 retirement benefits under the Public Safety Employee's Retirement System.
527 Section 5. Section 15A-1-203 is amended to read:
528 15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
529 Council.
530 (1) There is created a Uniform Building Code Commission to advise the division with
531 respect to the division's responsibilities in administering the codes.
532 (2) The commission shall consist of 11 members as follows:
533 (a) one member shall be from among candidates nominated by the Utah League of
534 Cities and Towns and the Utah Association of Counties;
535 (b) one member shall be a licensed building inspector employed by a political
536 subdivision of the state;
537 (c) one member shall be a licensed professional engineer;
538 (d) one member shall be a licensed architect;
539 (e) one member shall be a fire official;
540 (f) three members shall be contractors licensed by the state, of which one shall be a
541 general contractor, one an electrical contractor, and one a plumbing contractor;
542 (g) two members shall be from the general public and have no affiliation with the
543 construction industry or real estate development industry; and
544 (h) one member shall be from the Division of Facilities Construction and Management
545 of the Department of [
546 (3) (a) The executive director shall appoint each commission member after submitting
547 a nomination to the governor for confirmation or rejection.
548 (b) If the governor rejects a nominee, the executive director shall submit an alternative
549 nominee until the governor confirms the nomination. An appointment is effective after the
550 governor confirms the nomination.
551 (4) (a) Except as required by Subsection (4)(b), as terms of commission members
552 expire, the executive director shall appoint each new commission member or reappointed
553 commission member to a four-year term.
554 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
555 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
556 of commission members are staggered so that approximately half of the commission is
557 appointed every two years.
558 (5) When a vacancy occurs in the commission membership for any reason, the
559 executive director shall appoint a replacement for the unexpired term.
560 (6) (a) A commission member may not serve more than two full terms.
561 (b) A commission member who ceases to serve may not again serve on the commission
562 until after the expiration of two years after the day on which service ceased.
563 (7) A majority of the commission members constitute a quorum and may act on behalf
564 of the commission.
565 (8) A commission member may not receive compensation or benefits for the
566 commission member's service, but may receive per diem and travel expenses in accordance
567 with:
568 (a) Section 63A-3-106;
569 (b) Section 63A-3-107; and
570 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
571 63A-3-107.
572 (9) (a) The commission shall annually designate one of the commission's members to
573 serve as chair of the commission.
574 (b) The division shall provide a secretary to facilitate the function of the commission
575 and to record the commission's actions and recommendations.
576 (10) The commission shall:
577 (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
578 Committee;
579 (b) act as an appeals board as provided in Section 15A-1-207;
580 (c) establish advisory peer committees on either a standing or ad hoc basis to advise the
581 commission with respect to matters related to a code, including a committee to advise the
582 commission regarding health matters related to a plumbing code; and
583 (d) assist the division in overseeing code-related training in accordance with Section
584 15A-1-209.
585 (11) (a) In a manner consistent with Subsection (10)(c), the commission shall jointly
586 create with the Utah Fire Prevention Board an advisory peer committee known as the "Unified
587 Code Analysis Council" to review fire prevention and construction code issues that require
588 definitive and specific analysis.
589 (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
590 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
591 (i) the appointment of members to the Unified Code Analysis Council; and
592 (ii) procedures followed by the Unified Code Analysis Council.
593 Section 6. Section 20A-20-201 is amended to read:
594 20A-20-201. Utah Independent Redistricting Commission -- Creation --
595 Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
596 (1) (a) There is created the Utah Independent Redistricting Commission.
597 (b) The commission is housed in the Department of [
598 Government Operations for budgetary purposes only.
599 (c) The commission is not under the direction or control of the Department of
600 [
601 employee of the Department of [
602 government entity.
603 (2) Except as provided in Subsection (4), the commission comprises seven members
604 appointed as follows:
605 (a) one member appointed by the governor, which member shall serve as chair of the
606 commission;
607 (b) one member appointed by the president of the Senate;
608 (c) one member appointed by the speaker of the House of Representatives;
609 (d) one member appointed by the legislative leader of the largest minority political
610 party in the Senate;
611 (e) one member appointed by the legislative leader of the largest minority political
612 party in the House of Representatives;
613 (f) one member appointed jointly by the president of the Senate and the speaker of the
614 House of Representatives; and
615 (g) one member appointed jointly by the legislative leader of the largest minority
616 political party in the Senate and the legislative leader of the largest minority political party in
617 the House of Representatives.
618 (3) An appointing authority described in Subsection (2):
619 (a) shall make the appointments no later than:
620 (i) February 1 of the year immediately following a decennial year; or
621 (ii) if there is a change in the number of congressional, legislative, or other districts
622 resulting from an event other than a national decennial enumeration made by the authority of
623 the United States, the day on which the Legislature appoints a committee to draw maps in
624 relation to the change;
625 (b) may remove a commission member appointed by the appointing authority, for
626 cause; and
627 (c) shall, if a vacancy occurs in the position appointed by the appointing authority
628 under Subsection (2), appoint another individual to fill the vacancy within 10 days after the day
629 on which the vacancy occurs.
630 (4) (a) If the appointing authority described in Subsection (2)(a) fails to timely make
631 the appointment, the legislative leader of the largest political party in the House of
632 Representatives and the Senate, of which the governor is not a member, shall jointly make the
633 appointment.
634 (b) If the appointing authority described in Subsection (2)(b) fails to timely make the
635 appointment, the appointing authority described in Subsection (2)(d) shall make the
636 appointment.
637 (c) If the appointing authority described in Subsection (2)(c) fails to timely make the
638 appointment, the appointing authority described in Subsection (2)(e) shall make the
639 appointment.
640 (d) If the appointing authority described in Subsection (2)(d) fails to timely make the
641 appointment, the appointing authority described in Subsection (2)(b) shall make the
642 appointment.
643 (e) If the appointing authority described in Subsection (2)(e) fails to timely make the
644 appointment, the appointing authority described in Subsection (2)(c) shall make the
645 appointment.
646 (f) If the appointing authority described in Subsection (2)(f) fails to timely make the
647 appointment, the appointing authority described in Subsection (2)(g) shall make the
648 appointment.
649 (g) If the appointing authority described in Subsection (2)(g) fails to timely make the
650 appointment, the appointing authority described in Subsection (2)(f) shall make the
651 appointment.
652 (5) A member of the commission may not, during the member's service on the
653 commission:
654 (a) be a lobbyist or principal, as those terms are defined in Section 36-11-102;
655 (b) be a candidate for or holder of any elective office, including federal elective office,
656 state elective office, or local government elective office;
657 (c) be a candidate for or holder of any office of a political party, except for delegates to
658 a political party's convention;
659 (d) be an employee of, or a paid consultant for, a political party, political party
660 committee, personal campaign committee, or any political action committee affiliated with a
661 political party or controlled by an elected official or candidate for elective office, including any
662 local government office;
663 (e) serve in public office if the member is appointed to public office by the governor or
664 the Legislature;
665 (f) be employed by the United States Congress or the Legislature; or
666 (g) hold any position that reports directly to an elected official, including a local
667 elected official, or to any person appointed by the governor or Legislature to any other public
668 office.
669 (6) In addition to the qualifications described in Subsection (5), a member of the
670 commission described in Subsection (2)(f) or (g):
671 (a) may not have, during the two-year period immediately preceding the member's
672 appointment to the commission:
673 (i) been affiliated with a political party under Section 20A-2-107;
674 (ii) voted in the regular primary election or municipal primary election of a political
675 party; or
676 (iii) been a delegate to a political party convention; and
677 (b) may not, in the sole determination of the appointing authority, be an individual who
678 is affiliated with a partisan organization or cause.
679 (7) Each commission member shall, upon appointment to the commission, sign and file
680 a statement with the governor certifying that the commission member:
681 (a) meets the qualifications for appointment to the commission;
682 (b) will, during the member's service on the commission, comply with the requirements
683 described in Subsection (5);
684 (c) will comply with the standards, procedures, and requirements described in this
685 chapter that are applicable to a commission member; and
686 (d) will faithfully discharge the duties of a commission member in an independent,
687 impartial, honest, and transparent manner.
688 (8) For a regular decennial redistricting, the commission is:
689 (a) formed and may begin conducting business on February 1 of the year immediately
690 following a decennial year; and
691 (b) dissolved upon approval of the Legislature's redistricting maps by the governor, or
692 the day following the constitutional time limit of Utah Constitution, Article VII, Section 8,
693 without the governor's signature, or in the case of a veto, the date of veto override.
694 (9) (a) A member of the commission may not receive compensation or benefits for the
695 member's service, but may receive per diem and travel expenses in accordance with:
696 (i) Section 63A-3-106;
697 (ii) Section 63A-3-107; and
698 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
699 63A-3-107.
700 (b) A member of the commission may decline to receive per diem or travel expenses.
701 (10) The commission shall meet upon the request of a majority of the commission
702 members or when the chair calls a meeting.
703 (11) (a) A majority of the members of the commission constitutes a quorum.
704 (b) The commission takes official action by a majority vote of a quorum present at a
705 meeting of the commission.
706 (12) Within appropriations from the Legislature, the commission may, to fulfill the
707 duties of the commission:
708 (a) contract with or employ an attorney licensed in Utah, an executive director, and
709 other staff; and
710 (b) purchase equipment and other resources, in accordance with Title 63G, Chapter 6a,
711 Utah Procurement Code, to fulfill the duties of the commission.
712 (13) The commission shall maintain a website where the public may:
713 (a) access announcements and records of commission meetings and hearings;
714 (b) access maps presented to, or under consideration by, the commission;
715 (c) access evaluations described in Subsection 20A-20-302(8);
716 (d) submit a map to the commission; and
717 (e) submit comments on a map presented to, or under consideration by, the
718 commission.
719 Section 7. Section 26-61a-103 is amended to read:
720 26-61a-103. Electronic verification system.
721 (1) The Department of Agriculture and Food, the department, the Department of Public
722 Safety, and the [
723 (a) enter into a memorandum of understanding in order to determine the function and
724 operation of the state electronic verification system in accordance with Subsection (2);
725 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
726 Procurement Code, to develop a request for proposals for a third-party provider to develop and
727 maintain the state electronic verification system in coordination with the [
728 Division of Technology Services; and
729 (c) select a third-party provider who:
730 (i) meets the requirements contained in the request for proposals issued under
731 Subsection (1)(b); and
732 (ii) may not have any commercial or ownership interest in a cannabis production
733 establishment or a medical cannabis pharmacy.
734 (2) The Department of Agriculture and Food, the department, the Department of Public
735 Safety, and the [
736 March 1, 2020, the state electronic verification system described in Subsection (1):
737 (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
738 medical cannabis guardian card, provided that the card may not become active until the
739 relevant qualified medical provider completes the associated medical cannabis
740 recommendation;
741 (b) allows an individual to apply to renew a medical cannabis patient card or a medical
742 cannabis guardian card in accordance with Section 26-61a-201;
743 (c) allows a qualified medical provider, or an employee described in Subsection (3)
744 acting on behalf of the qualified medical provider, to:
745 (i) access dispensing and card status information regarding a patient:
746 (A) with whom the qualified medical provider has a provider-patient relationship; and
747 (B) for whom the qualified medical provider has recommended or is considering
748 recommending a medical cannabis card;
749 (ii) electronically recommend, after an initial face-to-face visit with a patient described
750 in Subsection 26-61a-201(4)(b), treatment with cannabis in a medicinal dosage form or a
751 cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
752 (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
753 medical cannabis guardian cardholder:
754 (A) using telehealth services, for the qualified medical provider who originally
755 recommended a medical cannabis treatment during a face-to-face visit with the patient; or
756 (B) during a face-to-face visit with the patient, for a qualified medical provider who
757 did not originally recommend the medical cannabis treatment during a face-to-face visit; and
758 (iv) notate a determination of physical difficulty or undue hardship, described in
759 Subsection 26-61a-202(1), to qualify a patient to designate a caregiver;
760 (d) connects with:
761 (i) an inventory control system that a medical cannabis pharmacy uses to track in real
762 time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
763 medicinal dosage form, or a medical cannabis device, including:
764 (A) the time and date of each purchase;
765 (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
766 purchased;
767 (C) any cannabis production establishment, any medical cannabis pharmacy, or any
768 medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
769 device; and
770 (D) the personally identifiable information of the medical cannabis cardholder who
771 made the purchase; and
772 (ii) any commercially available inventory control system that a cannabis production
773 establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
774 Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
775 Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
776 track and confirm compliance;
777 (e) provides access to:
778 (i) the department to the extent necessary to carry out the department's functions and
779 responsibilities under this chapter;
780 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
781 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
782 41a, Cannabis Production Establishments; and
783 (iii) the Division of Occupational and Professional Licensing to the extent necessary to
784 carry out the functions and responsibilities related to the participation of the following in the
785 recommendation and dispensing of medical cannabis:
786 (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
787 (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
788 Practice Act;
789 (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
790 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
791 (D) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
792 Assistant Act;
793 (f) provides access to and interaction with the state central patient portal;
794 (g) provides access to state or local law enforcement:
795 (i) during a law enforcement encounter, without a warrant, using the individual's driver
796 license or state ID, only for the purpose of determining if the individual subject to the law
797 enforcement encounter has a valid medical cannabis card; or
798 (ii) after obtaining a warrant; and
799 (h) creates a record each time a person accesses the database that identifies the person
800 who accesses the database and the individual whose records the person accesses.
801 (3) (a) Beginning on the earlier of January 1, 2021, or the date on which the electronic
802 verification system is functionally capable of allowing employee access under this Subsection
803 (3), an employee of a qualified medical provider may access the electronic verification system
804 for a purpose described in Subsection (2)(c) on behalf of the qualified medical provider if:
805 (i) the qualified medical provider has designated the employee as an individual
806 authorized to access the electronic verification system on behalf of the qualified medical
807 provider;
808 (ii) the qualified medical provider provides written notice to the department of the
809 employee's identity and the designation described in Subsection (3)(a)(i); and
810 (iii) the department grants to the employee access to the electronic verification system.
811 (b) An employee of a business that employs a qualified medical provider may access
812 the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
813 qualified medical provider if:
814 (i) the qualified medical provider has designated the employee as an individual
815 authorized to access the electronic verification system on behalf of the qualified medical
816 provider;
817 (ii) the qualified medical provider and the employing business jointly provide written
818 notice to the department of the employee's identity and the designation described in Subsection
819 (3)(b)(i); and
820 (iii) the department grants to the employee access to the electronic verification system.
821 (4) (a) As used in this Subsection (4), "prescribing provider" means:
822 (i) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
823 Practice Act;
824 (ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
825 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
826 (iii) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
827 Assistant Act.
828 (b) Beginning on the earlier of January 1, 2021, or the date on which the electronic
829 verification system is functionally capable of allowing provider access under this Subsection
830 (4), a prescribing provider may access information in the electronic verification system
831 regarding a patient the prescribing provider treats.
832 (5) The department may release limited data that the system collects for the purpose of:
833 (a) conducting medical and other department approved research;
834 (b) providing the report required by Section 26-61a-703; and
835 (c) other official department purposes.
836 (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
837 Administrative Rulemaking Act, to establish:
838 (a) the limitations on access to the data in the state electronic verification system as
839 described in this section; and
840 (b) standards and procedures to ensure accurate identification of an individual
841 requesting information or receiving information in this section.
842 (7) (a) Any person who knowingly and intentionally releases any information in the
843 state electronic verification system in violation of this section is guilty of a third degree felony.
844 (b) Any person who negligently or recklessly releases any information in the state
845 electronic verification system in violation of this section is guilty of a class C misdemeanor.
846 (8) (a) Any person who obtains or attempts to obtain information from the state
847 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
848 (b) Any person who obtains or attempts to obtain information from the state electronic
849 verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
850 degree felony.
851 (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
852 intentionally use, release, publish, or otherwise make available to any other person information
853 obtained from the state electronic verification system for any purpose other than a purpose
854 specified in this section.
855 (b) Each separate violation of this Subsection (9) is:
856 (i) a third degree felony; and
857 (ii) subject to a civil penalty not to exceed $5,000.
858 (c) The department shall determine a civil violation of this Subsection (9) in
859 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
860 (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
861 General Fund.
862 (e) This Subsection (9) does not prohibit a person who obtains information from the
863 state electronic verification system under Subsection (2)(a), (c), or (f) from:
864 (i) including the information in the person's medical chart or file for access by a person
865 authorized to review the medical chart or file;
866 (ii) providing the information to a person in accordance with the requirements of the
867 Health Insurance Portability and Accountability Act of 1996; or
868 (iii) discussing or sharing that information about the patient with the patient.
869 Section 8. Section 26-61a-111 is amended to read:
870 26-61a-111. Nondiscrimination for medical care or government employment --
871 Notice to prospective and current public employees -- No effect on private employers.
872 (1) For purposes of medical care, including an organ or tissue transplant, a patient's
873 use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
874 product in a medicinal dosage form:
875 (a) is considered the equivalent of the authorized use of any other medication used at
876 the discretion of a physician; and
877 (b) does not constitute the use of an illicit substance or otherwise disqualify an
878 individual from needed medical care.
879 (2) (a) Notwithstanding any other provision of law and except as provided in
880 Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
881 cannabis in accordance with this chapter or Section 58-37-3.7 in the same way the state or
882 political subdivision treats employee use of any prescribed controlled substance.
883 (b) A state or political subdivision employee who has a valid medical cannabis card is
884 not subject to adverse action, as that term is defined in Section 67-21-2, for failing a drug test
885 due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired or
886 otherwise adversely affected in the employee's job performance due to the use of medical
887 cannabis.
888 (c) Subsections (2)(a) and (b) do not apply where the application of Subsection (2)(a) or
889 (b) would jeopardize federal funding, a federal security clearance, or any other federal
890 background determination required for the employee's position, or if the employee's position is
891 dependent on a license that is subject to federal regulations.
892 (3) (a) (i) A state employer or a political subdivision employer shall take the action
893 described in Subsection (3)(a)(ii) before:
894 (A) giving to a current employee an assignment or duty that arises from or directly
895 relates to an obligation under this chapter; or
896 (B) hiring a prospective employee whose assignments or duties would include an
897 assignment or duty that arises from or directly relates to an obligation under this chapter.
898 (ii) The employer described in Subsection (3)(a)(i) shall give the employee or
899 prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
900 employee or prospective employee:
901 (A) that the employee's or prospective employee's job duties may require the employee
902 or prospective employee to engage in conduct which is in violation of the criminal laws of the
903 United States; and
904 (B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
905 although the employee or prospective employee is entitled to the protections of Title 67,
906 Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
907 carry out an assignment or duty that may be a violation of the criminal laws of the United
908 States with respect to the manufacture, sale, or distribution of cannabis.
909 (b) The [
910 and publish the form of the notice described in Subsection (3)(a).
911 (c) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
912 described in Subsection (3)(a) may not:
913 (i) claim in good faith that the employee's actions violate or potentially violate the laws
914 of the United States with respect to the manufacture, sale, or distribution of cannabis; or
915 (ii) refuse to carry out a directive that the employee reasonably believes violates the
916 criminal laws of the United States with respect to the manufacture, sale, or distribution of
917 cannabis.
918 (d) An employer may not take retaliatory action as defined in Section [
919 63A-17-601 against a current employee who refuses to sign the notice described in Subsection
920 (3)(a).
921 (4) Nothing in this section requires a private employer to accommodate the use of
922 medical cannabis or affects the ability of a private employer to have policies restricting the use
923 of medical cannabis by applicants or employees.
924 Section 9. Section 31A-2-113 is amended to read:
925 31A-2-113. Supporting services.
926 (1) The Department of [
927 suitable offices for the Insurance Department:
928 (a) in Salt Lake City; and
929 (b) elsewhere, if approved by the governor as necessary for the efficient operation of
930 the department.
931 (2) The commissioner shall, in accordance with the rules of the Department of
932 [
933 access to all materials, supplies, and equipment necessary for the efficient operation of the
934 Insurance Department, including reasonable library facilities and books.
935 Section 10. Section 35A-1-205 is amended to read:
936 35A-1-205. Workforce Appeals Board -- Chair -- Appointment -- Compensation
937 -- Qualifications.
938 (1) There is created the Workforce Appeals Board within the department consisting of
939 one or more panels to hear and decide appeals from the decision of an administrative law
940 judge.
941 (2) (a) A panel shall consist of three impartial members appointed by the governor as
942 follows:
943 (i) the board chair, appointed in accordance with Subsection (5);
944 (ii) one member appointed to represent employers; and in making this appointment, the
945 governor shall consider nominations from employer organizations; and
946 (iii) one member appointed to represent employees; and in making this appointment,
947 the governor shall consider nominations from employee organizations.
948 (b) No more than two members of a panel may belong to the same political party.
949 (3) (a) (i) The term of a member shall be six years beginning on March 1 of the year
950 the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
951 (ii) The governor shall, at the time of appointment or reappointment, adjust the length
952 of terms to ensure that the terms of members are staggered so that approximately one third of
953 the members are appointed every two years.
954 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
955 appointed for the unexpired term.
956 (c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
957 or misfeasance in office, or other good and sufficient cause.
958 (d) A member shall hold office until a successor is appointed and has qualified.
959 (4) (a) Except as provided in Subsection (4)(b), a member may not receive
960 compensation or benefits for the member's service, but may receive per diem and travel
961 expenses in accordance with:
962 (i) Section 63A-3-106;
963 (ii) Section 63A-3-107; and
964 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
965 63A-3-107.
966 (b) The member appointed as board chair in accordance with Subsection (5) shall be
967 compensated at an hourly rate determined by the [
968 Management in accordance with Title [
969 Management Act.
970 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
971 and administrative head of the board.
972 (b) The chair shall be appointed by the governor to represent the public and may be
973 removed from that position at the will of the governor.
974 (c) The chair shall be experienced in administration and possess any additional
975 qualifications determined by the governor.
976 (6) (a) The chair shall designate an alternate from a panel appointed under this section:
977 (i) in the absence of a regular member or the chair; or
978 (ii) if the regular member or the chair has a conflict of interest.
979 (b) Each case shall be decided by a full three-member panel.
980 (7) The department shall provide the Workforce Appeals Board necessary staff
981 support, except, the board may employ, retain, or appoint legal counsel.
982 Section 11. Section 35A-13-302 is amended to read:
983 35A-13-302. Governor's Committee on Employment of People with Disabilities.
984 (1) There is created the Governor's Committee on Employment of People with
985 Disabilities, composed of the following 19 members:
986 (a) the director of the office;
987 (b) the state superintendent of public instruction or the superintendent's designee;
988 (c) the commissioner of higher education or the commissioner's designee;
989 (d) the [
990 Management or the [
991 (e) the executive director of the Department of Human Services or the executive
992 director's designee;
993 (f) the executive director of the Department of Health or the executive director's
994 designee; and
995 (g) the following 13 members appointed by the governor:
996 (i) a representative of individuals who are blind or visually impaired;
997 (ii) a representative of individuals who are deaf or hard of hearing;
998 (iii) a representative of individuals who have disabilities;
999 (iv) seven representatives of business or industry;
1000 (v) a representative experienced in job training and placement;
1001 (vi) a representative of veterans; and
1002 (vii) a representative experienced in medical, health, or insurance professions.
1003 (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the governor shall appoint the
1004 committee members described in Subsection (1)(g) to serve four-year terms.
1005 (ii) In making the initial appointments to the committee, the governor shall appoint
1006 approximately one-half of the members to two-year terms and one-half of the members to
1007 four-year terms.
1008 (b) Committee members shall serve until their successors are appointed and qualified.
1009 (c) The governor shall fill any vacancy that occurs on the committee for any reason by
1010 appointing a person according to the procedures of this section for the unexpired term of the
1011 vacated member.
1012 (d) The director of the office shall select a chair of the committee from the
1013 membership.
1014 (e) Ten members of the committee are a quorum for the transaction of business.
1015 (3) (a) The committee shall:
1016 (i) promote employment opportunities for individuals with disabilities;
1017 (ii) serve as the designated state liaison to the President's Committee on Employment
1018 of People with Disabilities;
1019 (iii) provide training and technical assistance to employers in implementing the
1020 Americans with Disabilities Act;
1021 (iv) develop and disseminate appropriate information through workshops, meetings,
1022 and other requests in response to needs to employers and others regarding employment of
1023 individuals with disabilities;
1024 (v) establish contacts with various community representatives to identify and resolve
1025 barriers to full participation in employment and community life;
1026 (vi) formally recognize exemplary contributions in the areas of employment, job
1027 placement, training, rehabilitation, support services, medicine, media or public relations, and
1028 personal achievements made by individuals with disabilities;
1029 (vii) advise, encourage, and motivate individuals with disabilities who are preparing
1030 for or seeking employment to reach their full potential as qualified employees;
1031 (viii) advocate for policies and practices that promote full and equal rights for
1032 individuals with disabilities;
1033 (ix) advise the office, the department, and the governor on issues that affect
1034 employment and other requests for information on disability issues; and
1035 (x) prepare an annual report on the progress, accomplishments, and future goals of the
1036 committee and present the report to the department for inclusion in the department's annual
1037 report described in Section 35A-1-109.
1038 (b) The committee may, by following the procedures and requirements of Title 63J,
1039 Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
1040 and accept state funds, private gifts, donations, and funds from any source to carry out its
1041 purposes.
1042 (4) The office shall staff the committee.
1043 Section 12. Section 36-11-307 is amended to read:
1044 36-11-307. Ethics and unlawful harassment training course for lobbyists --
1045 Internet availability -- Content -- Participation tracking -- Penalty.
1046 (1) The lieutenant governor shall develop and maintain online training courses
1047 educating lobbyists about:
1048 (a) federal workplace discrimination and harassment prohibitions and requirements;
1049 (b) the Utah Senate's, Utah House's, and the executive branch's policies governing
1050 workplace discrimination and harassment prohibitions, policies, and procedures; and
1051 (c) state and federal requirements governing lobbyists, including lobbyist ethical
1052 requirements.
1053 (2) A training course described in Subsection (1) shall include training materials and
1054 exercises that are available on the Internet to lobbyists and to the public.
1055 (3) The lieutenant governor shall design the ethics training course to assist lobbyists in
1056 understanding and complying with current ethical and campaign finance requirements under
1057 state law, legislative rules, and federal law.
1058 (4) The lieutenant governor may enter into an agreement with the [
1059 Division of Human Resource Management to assist the lieutenant governor in providing the
1060 workplace discrimination and harassment training described in this section.
1061 (5) A training course described in this section shall include provisions for verifying
1062 when a lobbyist has successfully completed the training.
1063 (6) (a) A lobbyist shall, within 30 days after the day on which the lobbyist applies for a
1064 lobbying license or a lobbying license renewal:
1065 (i) successfully complete the training courses described in this section; and
1066 (ii) provide to the lieutenant governor a document, signed by the lobbyist, certifying
1067 that the lobbyist has:
1068 (A) completed the training courses required by this section; and
1069 (B) received, read, understands, and will comply with the workplace discrimination
1070 and harassment policies adopted by the Utah Senate, the Utah House, and Utah's executive
1071 branch.
1072 (b) The lieutenant governor may not issue a lobbying license, or renew a lobbying
1073 license, until the lieutenant governor has received from the lobbyist the document required by
1074 Subsection (6)(a).
1075 (7) A signature described in Subsection (6)(b) may be an electronic signature.
1076 Section 13. Section 46-1-3 is amended to read:
1077 46-1-3. Qualifications -- Application for notarial commission required -- Term.
1078 (1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the
1079 lieutenant governor shall commission as a notary any qualified person who submits an
1080 application in accordance with this chapter.
1081 (2) To qualify for a notarial commission an individual shall:
1082 (a) be at least 18 years old;
1083 (b) lawfully reside in the state for at least 30 days immediately before the individual
1084 applies for a notarial commission;
1085 (c) be able to read, write, and understand English;
1086 (d) submit an application to the lieutenant governor containing no significant
1087 misstatement or omission of fact, that includes:
1088 (i) the individual's:
1089 (A) name as it will appear on the commission;
1090 (B) residential address;
1091 (C) business address;
1092 (D) daytime telephone number; and
1093 (E) date of birth;
1094 (ii) an affirmation that the individual meets the requirements of this section;
1095 (iii) an indication of any criminal convictions the individual has received, including a
1096 plea of admission or no contest;
1097 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
1098 notarial commission or other professional license involving the applicant in this or any other
1099 state;
1100 (v) an indication that the individual has passed the examination described in
1101 Subsection (6); and
1102 (vi) payment of an application fee that the lieutenant governor establishes in
1103 accordance with Section 63J-1-504;
1104 (e) (i) be a United States citizen; or
1105 (ii) have permanent resident status under Section 245 of the Immigration and
1106 Nationality Act; and
1107 (f) submit to a background check described in Subsection (3).
1108 (3) (a) The lieutenant governor shall:
1109 (i) request the [
1110 criminal background check under Subsection 53-10-108(16) on each individual who submits
1111 an application under this section;
1112 (ii) require an individual who submits an application under this section to provide a
1113 signed waiver on a form provided by the lieutenant governor that complies with Subsection
1114 53-10-108(4); and
1115 (iii) provide the [
1116 identifying information of each individual who submits an application under this section.
1117 (b) The [
1118 (i) perform a criminal background check under Subsection 53-10-108(16) on each
1119 individual described in Subsection (3)(a)(i); and
1120 (ii) provide to the lieutenant governor all information that pertains to the individual
1121 described in Subsection (3)(a)(i) that the department identifies or receives as a result of the
1122 background check.
1123 (4) The lieutenant governor may deny an application based on:
1124 (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
1125 (b) any revocation, suspension, or restriction of a notarial commission or professional
1126 license issued to the applicant by this or any other state;
1127 (c) the applicant's official misconduct while acting in the capacity of a notary; or
1128 (d) the applicant's failure to pass the examination described in Subsection (6).
1129 (5) (a) An individual whom the lieutenant governor commissions as a notary:
1130 (i) may perform notarial acts in any part of the state for a term of four years, unless the
1131 person resigns or the commission is revoked or suspended under Section 46-1-19; and
1132 (ii) except through a remote notarization performed in accordance with this chapter,
1133 may not perform a notarial act for another individual who is outside of the state.
1134 (b) (i) After an individual's commission expires, the individual may not perform a
1135 notarial act until the individual obtains a new commission.
1136 (ii) An individual whose commission expires and who wishes to obtain a new
1137 commission shall submit a new application, showing compliance with the requirements of this
1138 section.
1139 (6) (a) Each applicant for a notarial commission shall take an examination that the
1140 lieutenant governor approves and submit the examination to a testing center that the lieutenant
1141 governor designates for purposes of scoring the examination.
1142 (b) The testing center that the lieutenant governor designates shall issue a written
1143 acknowledgment to the applicant indicating whether the applicant passed or failed the
1144 examination.
1145 (7) (a) A notary shall maintain permanent residency in the state during the term of the
1146 notary's notarial commission.
1147 (b) A notary who does not maintain permanent residency under Subsection (7)(a) shall
1148 resign the notary's notarial commission in accordance with Section 46-1-21.
1149 Section 14. Section 46-4-503 is amended to read:
1150 46-4-503. Government products and services provided electronically.
1151 (1) Notwithstanding Section 46-4-501, a state governmental agency that administers
1152 one or more of the following transactions shall allow those transactions to be conducted
1153 electronically:
1154 (a) an application for or renewal of a professional or occupational license issued under
1155 Title 58, Occupations and Professions;
1156 (b) the renewal of a drivers license;
1157 (c) an application for a hunting or fishing license;
1158 (d) the filing of:
1159 (i) a return under Title 59, Chapter 10, Individual Income Tax Act, or Title 59, Chapter
1160 12, Sales and Use Tax Act;
1161 (ii) a court document, as defined by the Judicial Council; or
1162 (iii) a document under Title 70A, Uniform Commercial Code;
1163 (e) a registration for:
1164 (i) a product; or
1165 (ii) a brand;
1166 (f) a renewal of a registration of a motor vehicle;
1167 (g) a registration under:
1168 (i) Title 16, Corporations;
1169 (ii) Title 42, Names; or
1170 (iii) Title 48, Unincorporated Business Entity Act; or
1171 (h) submission of an application for benefits:
1172 (i) under Title 35A, Chapter 3, Employment Support Act;
1173 (ii) under Title 35A, Chapter 4, Employment Security Act; or
1174 (iii) related to accident and health insurance.
1175 (2) The state system of public education, in coordination with the Utah Education and
1176 Telehealth Network, shall make reasonable progress toward making the following services
1177 available electronically:
1178 (a) secure access by parents and students to student grades and progress reports;
1179 (b) email communications with:
1180 (i) teachers;
1181 (ii) parent-teacher associations; and
1182 (iii) school administrators;
1183 (c) access to school calendars and schedules; and
1184 (d) teaching resources that may include:
1185 (i) teaching plans;
1186 (ii) curriculum guides; and
1187 (iii) media resources.
1188 (3) A state governmental agency shall:
1189 (a) in carrying out the requirements of this section, take reasonable steps to ensure the
1190 security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
1191 Government Records Access and Management Act;
1192 (b) in addition to those transactions listed in Subsections (1) and (2), determine any
1193 additional services that may be made available to the public through electronic means; and
1194 (c) as part of the agency's information technology plan required by Section [
1195 63A-16-203, report on the progress of compliance with Subsections (1) through (3).
1196 (4) Notwithstanding the other provisions of this part, a state governmental agency is
1197 not required by this part to conduct a transaction electronically if:
1198 (a) conducting the transaction electronically is not required by federal law; and
1199 (b) conducting the transaction electronically is:
1200 (i) impractical;
1201 (ii) unreasonable; or
1202 (iii) not permitted by laws pertaining to privacy or security.
1203 (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
1204 access to diverse services and agencies at one location including virtual colocation.
1205 (b) State agencies that provide services or offer direct assistance to the business
1206 community shall participate in the establishment, maintenance, and enhancement of an
1207 integrated Utah business web portal known as Business.utah.gov. The purpose of the business
1208 web portal is to provide "one-stop shop" assistance to businesses.
1209 (c) State agencies shall partner with other governmental and nonprofit agencies whose
1210 primary mission is to provide services or offer direct assistance to the business community in
1211 Utah in fulfilling the requirements of this section.
1212 (d) The following state entities shall comply with the provisions of this Subsection (5):
1213 (i) Governor's Office of Economic Development, which shall serve as the managing
1214 partner for the website;
1215 (ii) Department of Workforce Services;
1216 (iii) Department of Commerce;
1217 (iv) Tax Commission;
1218 (v) Department of [
1219 Purchasing and General Services, including other state agencies operating under a grant of
1220 authority from the division to procure goods and services in excess of $5,000;
1221 (vi) Department of Agriculture;
1222 (vii) Department of Natural Resources; and
1223 (viii) other state agencies that provide services or offer direct assistance to the business
1224 sector.
1225 (e) The business services available on the business web portal may include:
1226 (i) business life cycle information;
1227 (ii) business searches;
1228 (iii) employment needs and opportunities;
1229 (iv) motor vehicle registration;
1230 (v) permit applications and renewal;
1231 (vi) tax information;
1232 (vii) government procurement bid notifications;
1233 (viii) general business information;
1234 (ix) business directories; and
1235 (x) business news.
1236 Section 15. Section 46-5-102 is amended to read:
1237 46-5-102. Definitions.
1238 In this chapter:
1239 (1) "Electronic" means relating to technology having electrical, digital, magnetic,
1240 wireless, optical, electromagnetic, or similar capabilities.
1241 (2) "Legal material" means, whether or not in effect:
1242 (a) the Utah Constitution;
1243 (b) the Laws of Utah;
1244 (c) the Utah Code;
1245 (d) the Utah Administrative Code; or
1246 (e) the Utah State Bulletin.
1247 (3) "Official publisher" means:
1248 (a) for the Utah Constitution, the Office of Legislative Research and General Counsel;
1249 (b) for the Laws of Utah, the Office of Legislative Research and General Counsel;
1250 (c) for the Utah Code, the Office of Legislative Research and General Counsel;
1251 (d) for the Utah Administrative Code, the Office of Administrative Rules created in
1252 Section 63G-3-401 within the Department of [
1253 Operations; or
1254 (e) for the Utah State Bulletin, the Office of Administrative Rules.
1255 (4) "Publish" means to display, present, or release to the public, or cause to be
1256 displayed, presented, or released to the public, by the official publisher.
1257 (5) "Record" means information that is inscribed on a tangible medium or that is stored
1258 in an electronic or other medium and is retrievable in perceivable form.
1259 (6) "State" means a state of the United States, the District of Columbia, Puerto Rico,
1260 the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
1261 of the United States.
1262 Section 16. Section 49-11-406 is amended to read:
1263 49-11-406. Governor's appointed executives and senior staff -- Appointed
1264 legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
1265 (1) As used in this section:
1266 (a) "Defined benefit balance" means the total amount of the contributions made on
1267 behalf of a member to a defined benefit system plus refund interest.
1268 (b) "Senior staff" means an at-will employee who reports directly to an elected official,
1269 executive director, or director and includes a deputy director and other similar, at-will
1270 employee positions designated by the governor, the speaker of the House, or the president of
1271 the Senate and filed with the [
1272 Utah State Retirement Office.
1273 (2) In accordance with this section and subject to requirements under federal law and
1274 rules made by the board, a member who has service credit from a system may elect to be
1275 exempt from coverage under a defined benefit system and to have the member's defined benefit
1276 balance transferred from the defined benefit system or plan to a defined contribution plan in the
1277 member's own name if the member is:
1278 (a) the state auditor;
1279 (b) the state treasurer;
1280 (c) an appointed executive under Subsection 67-22-2(1)(a);
1281 (d) an employee in the Governor's Office;
1282 (e) senior staff in the Governor's Office of Management and Budget;
1283 (f) senior staff in the Governor's Office of Economic Development;
1284 (g) senior staff in the Commission on Criminal and Juvenile Justice;
1285 (h) a legislative employee appointed under Subsection 36-12-7(3)(a);
1286 (i) a legislative employee appointed by the speaker of the House of Representatives, the
1287 House of Representatives minority leader, the president of the Senate, or the Senate minority
1288 leader; or
1289 (j) senior staff of the Utah Science Technology and Research Initiative created under
1290 Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
1291 (3) An election made under Subsection (2):
1292 (a) is final, and no right exists to make any further election;
1293 (b) is considered a request to be exempt from coverage under a defined benefits
1294 system; and
1295 (c) shall be made on forms provided by the office.
1296 (4) The board shall adopt rules to implement and administer this section.
1297 Section 17. Section 49-14-201 is amended to read:
1298 49-14-201. System membership -- Eligibility.
1299 (1) Except as provided in Section 49-15-201, a public safety service employee of a
1300 participating employer participating in this system is eligible for service credit in this system at
1301 the earliest of:
1302 (a) July 1, 1969, if the public safety service employee was employed by the
1303 participating employer on July 1, 1969, and the participating employer was participating in this
1304 system on that date;
1305 (b) the date the participating employer begins participating in this system if the public
1306 safety service employee was employed by the participating employer on that date; or
1307 (c) the date the public safety service employee is employed by the participating
1308 employer and is eligible to perform public safety service, except that a public safety service
1309 employee initially entering employment with a participating employer on or after July 1, 2011,
1310 who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
1311 administered by the board, may not participate in this system.
1312 (2) (a) (i) A participating employer that has public safety service and firefighter service
1313 employees that require cross-training and duty shall enroll those dual purpose employees in the
1314 system in which the greatest amount of time is actually worked.
1315 (ii) The employees shall either be full-time public safety service or full-time firefighter
1316 service employees of the participating employer.
1317 (b) (i) Prior to transferring a dual purpose employee from one system to another, the
1318 participating employer shall receive written permission from the office.
1319 (ii) The office may request documentation to verify the appropriateness of the transfer.
1320 (3) The board may combine or segregate the actuarial experience of participating
1321 employers in this system for the purpose of setting contribution rates.
1322 (4) (a) (i) Each participating employer participating in this system shall annually
1323 submit to the office a schedule indicating the positions to be covered under this system in
1324 accordance with this chapter.
1325 (ii) The office may require documentation to justify the inclusion of any position under
1326 this system.
1327 (b) If there is a dispute between the office and a participating employer or employee
1328 over any position to be covered, the disputed position shall be submitted to the Peace Officer
1329 Standards and Training Council established under Section 53-6-106 for determination.
1330 (c) (i) The Peace Officer Standards and Training Council's authority to decide
1331 eligibility for public safety service credit is limited to claims for coverage under this system for
1332 time periods after July 1, 1989.
1333 (ii) A decision of the Peace Officer Standards and Training Council may not be applied
1334 to service credit earned in another system prior to July 1, 1989.
1335 (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
1336 Standards and Training Council granting a position coverage under this system may only be
1337 applied prospectively from the date of that decision.
1338 (iv) A decision of the Peace Officer Standards and Training Council granting a position
1339 coverage under this system may be applied retroactively only if:
1340 (A) the participating employer covered other similarly situated positions under this
1341 system during the time period in question; and
1342 (B) the position otherwise meets all eligibility requirements for receiving service credit
1343 in this system during the period for which service credit is to be granted.
1344 (5) The Peace Officer Standards and Training Council may use a subcommittee to
1345 provide a recommendation to the council in determining disputes between the office and a
1346 participating employer or employee over a position to be covered under this system.
1347 (6) The Peace Officer Standards and Training Council shall comply with Title 63G,
1348 Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
1349 (7) A public safety employee who is transferred or promoted to an administration
1350 position requiring the performance of duties that consist primarily of management or
1351 supervision of public safety service employees shall continue to earn public safety service
1352 credit in this system as long as the employee remains employed in the same department.
1353 (8) An employee of the Department of Corrections shall continue to earn public safety
1354 service credit in this system if:
1355 (a) the employee's position is no longer covered under this system for new employees
1356 hired on or after July 1, 2015; and
1357 (b) the employee:
1358 (i) remains employed by the Department of Corrections;
1359 (ii) meets the eligibility requirements of this system;
1360 (iii) was hired into a position covered by this system prior to July 1, 2015; and
1361 (iv) has not had a break in service on or after July 1, 2015.
1362 (9) An employee who is reassigned to the [
1363 Services or to the [
1364 member of this system, is entitled to remain a member of this system.
1365 (10) (a) To determine that a position is covered under this system, the office and, if a
1366 coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
1367 position requires the employee to:
1368 (i) except for a dispatcher, place the employee's life or personal safety at risk; and
1369 (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or
1370 53-13-105.
1371 (b) If a position satisfies the requirements of Subsection (10)(a), the office and the
1372 Peace Officer Standards and Training Council shall consider whether or not the position
1373 requires the employee to:
1374 (i) perform duties that consist primarily of actively preventing or detecting crime and
1375 enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
1376 (ii) perform duties that consist primarily of providing community protection; and
1377 (iii) respond to situations involving threats to public safety and make emergency
1378 decisions affecting the lives and health of others.
1379 (11) If a subcommittee is used to recommend the determination of disputes to the
1380 Peace Officer Standards and Training Council, the subcommittee shall comply with the
1381 requirements of Subsection (10) in making its recommendation.
1382 (12) A final order of the Peace Officer Standards and Training Council regarding a
1383 dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
1384 Procedures Act.
1385 (13) Except as provided under Subsection (14), if a participating employer's public
1386 safety service employees are not covered by this system or under Chapter 15, Public Safety
1387 Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
1388 who may otherwise qualify for membership in this system shall, at the discretion of the
1389 participating employer, remain in their current retirement system.
1390 (14) (a) A public safety service employee employed by an airport police department,
1391 which elects to cover its public safety service employees under the Public Safety
1392 Noncontributory Retirement System under Subsection (13), may elect to remain in the public
1393 safety service employee's current retirement system.
1394 (b) The public safety service employee's election to remain in the current retirement
1395 system under Subsection (14)(a):
1396 (i) shall be made at the time the employer elects to move its public safety service
1397 employees to a public safety retirement system;
1398 (ii) documented by written notice to the participating employer; and
1399 (iii) is irrevocable.
1400 (15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service
1401 employee who is a dispatcher employed by:
1402 (i) the state shall be eligible for service credit in this system; and
1403 (ii) a participating employer other than the state shall be eligible for service credit in
1404 this system if the dispatcher's participating employer elects to cover its dispatchers under this
1405 system.
1406 (b) A participating employer's election to cover its dispatchers under this system under
1407 Subsection (15)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
1408 governing body of the participating employer in accordance with rules made by the office.
1409 (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
1410 of a participating employer under Subsection (15)(b), is not eligible for service credit in this
1411 system.
1412 (16) Notwithstanding any other provision of this section, a person initially entering
1413 employment with a participating employer on or after July 1, 2011, who does not have service
1414 credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
1415 not participate in this system.
1416 Section 18. Section 49-15-201 is amended to read:
1417 49-15-201. System membership -- Eligibility.
1418 (1) (a) A public safety service employee employed by the state after July 1, 1989, but
1419 before July 1, 2011, is eligible for service credit in this system.
1420 (b) A public safety service employee employed by the state prior to July 1, 1989, may
1421 either elect to receive service credit in this system or continue to receive service credit under
1422 the system established under Chapter 14, Public Safety Contributory Retirement Act, by
1423 following the procedures established by the board under this chapter.
1424 (2) (a) Public safety service employees of a participating employer other than the state
1425 that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
1426 System shall be eligible only for service credit in that system.
1427 (b) (i) A participating employer other than the state that elected on or before July 1,
1428 1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
1429 service employee to elect to participate in either this system or the Public Safety Contributory
1430 Retirement System.
1431 (ii) Except as expressly allowed by this title, the election of the public safety service
1432 employee is final and may not be changed.
1433 (c) A public safety service employee hired by a participating employer other than the
1434 state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
1435 (d) A public safety service employee of a participating employer other than the state
1436 who began participation in this system after July 1, 1989, but before July 1, 2011, is only
1437 eligible for service credit in this system.
1438 (e) A person initially entering employment with a participating employer on or after
1439 July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
1440 or plan administered by the board, may not participate in this system.
1441 (3) (a) (i) A participating employer that has public safety service and firefighter service
1442 employees that require cross-training and duty shall enroll those dual purpose employees in the
1443 system in which the greatest amount of time is actually worked.
1444 (ii) The employees shall either be full-time public safety service or full-time firefighter
1445 service employees of the participating employer.
1446 (b) (i) Prior to transferring a dual purpose employee from one system to another, the
1447 participating employer shall receive written permission from the office.
1448 (ii) The office may request documentation to verify the appropriateness of the transfer.
1449 (4) The board may combine or segregate the actuarial experience of participating
1450 employers in this system for the purpose of setting contribution rates.
1451 (5) (a) (i) Each participating employer participating in this system shall annually
1452 submit to the office a schedule indicating the positions to be covered under this system in
1453 accordance with this chapter.
1454 (ii) The office may require documentation to justify the inclusion of any position under
1455 this system.
1456 (b) If there is a dispute between the office and a participating employer or employee
1457 over any position to be covered, the disputed position shall be submitted to the Peace Officer
1458 Standards and Training Council established under Section 53-6-106 for determination.
1459 (c) (i) The Peace Officer Standards and Training Council's authority to decide
1460 eligibility for public safety service credit is limited to claims for coverage under this system for
1461 time periods after July 1, 1989.
1462 (ii) A decision of the Peace Officer Standards and Training Council may not be applied
1463 to service credit earned in another system prior to July 1, 1989.
1464 (iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
1465 Standards and Training Council granting a position coverage under this system may only be
1466 applied prospectively from the date of that decision.
1467 (iv) A decision of the Peace Officer Standards and Training Council granting a position
1468 coverage under this system may be applied retroactively only if:
1469 (A) the participating employer covered other similarly situated positions under this
1470 system during the time period in question; and
1471 (B) the position otherwise meets all eligibility requirements for receiving service credit
1472 in this system during the period for which service credit is to be granted.
1473 (6) The Peace Officer Standards and Training Council may use a subcommittee to
1474 provide a recommendation to the council in determining disputes between the office and a
1475 participating employer or employee over a position to be covered under this system.
1476 (7) The Peace Officer Standards and Training Council shall comply with Title 63G,
1477 Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
1478 (8) A public safety service employee who is transferred or promoted to an
1479 administration position requiring the performance of duties that consist primarily of
1480 management or supervision of public safety service employees shall continue to earn public
1481 safety service credit in this system as long as the employee remains employed in the same
1482 department.
1483 (9) An employee of the Department of Corrections shall continue to earn public safety
1484 service credit in this system if:
1485 (a) the employee's position is no longer covered under this system for new employees
1486 hired on or after July 1, 2015; and
1487 (b) the employee:
1488 (i) remains employed by the Department of Corrections;
1489 (ii) meets the eligibility requirements of this system;
1490 (iii) was hired into a position covered by this system prior to July 1, 2015; and
1491 (iv) has not had a break in service on or after July 1, 2015.
1492 (10) Any employee who is reassigned to the [
1493 Services or to the [
1494 member in this system, shall be entitled to remain a member in this system.
1495 (11) (a) To determine that a position is covered under this system, the office and, if a
1496 coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
1497 position requires the employee to:
1498 (i) except for a dispatcher, place the employee's life or personal safety at risk; and
1499 (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or
1500 53-13-105.
1501 (b) If a position satisfies the requirements of Subsection (11)(a), the office and Peace
1502 Officer Standards and Training Council shall consider whether the position requires the
1503 employee to:
1504 (i) perform duties that consist primarily of actively preventing or detecting crime and
1505 enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
1506 (ii) perform duties that consist primarily of providing community protection; and
1507 (iii) respond to situations involving threats to public safety and make emergency
1508 decisions affecting the lives and health of others.
1509 (12) If a subcommittee is used to recommend the determination of disputes to the
1510 Peace Officer Standards and Training Council, the subcommittee shall comply with the
1511 requirements of Subsection (11) in making its recommendation.
1512 (13) A final order of the Peace Officer Standards and Training Council regarding a
1513 dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
1514 Procedures Act.
1515 (14) Except as provided under Subsection (15), if a participating employer's public
1516 safety service employees are not covered by this system or under Chapter 14, Public Safety
1517 Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
1518 may otherwise qualify for membership in this system shall, at the discretion of the participating
1519 employer, remain in their current retirement system.
1520 (15) (a) A public safety service employee employed by an airport police department,
1521 which elects to cover its public safety service employees under the Public Safety
1522 Noncontributory Retirement System under Subsection (14), may elect to remain in the public
1523 safety service employee's current retirement system.
1524 (b) The public safety service employee's election to remain in the current retirement
1525 system under Subsection (15)(a):
1526 (i) shall be made at the time the employer elects to move its public safety service
1527 employees to a public safety retirement system;
1528 (ii) shall be documented by written notice to the participating employer; and
1529 (iii) is irrevocable.
1530 (16) (a) Subject to Subsection (17), beginning July 1, 2015, a public safety service
1531 employee who is a dispatcher employed by:
1532 (i) the state shall be eligible for service credit in this system; and
1533 (ii) a participating employer other than the state shall be eligible for service credit in
1534 this system if the dispatcher's participating employer elects to cover its dispatchers under this
1535 system.
1536 (b) A participating employer's election to cover its dispatchers under this system under
1537 Subsection (16)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
1538 governing body of the participating employer in accordance with rules made by the office.
1539 (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
1540 of a participating employer under Subsection (16)(b), is not eligible for service credit in this
1541 system.
1542 (17) Notwithstanding any other provision of this section, a person initially entering
1543 employment with a participating employer on or after July 1, 2011, who does not have service
1544 credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
1545 not participate in this system.
1546 Section 19. Section 49-20-401 is amended to read:
1547 49-20-401. Program -- Powers and duties.
1548 (1) The program shall:
1549 (a) act as a self-insurer of employee benefit plans and administer those plans;
1550 (b) enter into contracts with private insurers or carriers to underwrite employee benefit
1551 plans as considered appropriate by the program;
1552 (c) indemnify employee benefit plans or purchase commercial reinsurance as
1553 considered appropriate by the program;
1554 (d) provide descriptions of all employee benefit plans under this chapter in cooperation
1555 with covered employers;
1556 (e) process claims for all employee benefit plans under this chapter or enter into
1557 contracts, after competitive bids are taken, with other benefit administrators to provide for the
1558 administration of the claims process;
1559 (f) obtain an annual actuarial review of all health and dental benefit plans and a
1560 periodic review of all other employee benefit plans;
1561 (g) consult with the covered employers to evaluate employee benefit plans and develop
1562 recommendations for benefit changes;
1563 (h) annually submit a budget and audited financial statements to the governor and
1564 Legislature which includes total projected benefit costs and administrative costs;
1565 (i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
1566 liabilities of the employee benefit plans as certified by the program's consulting actuary;
1567 (j) submit, in advance, its recommended benefit adjustments for state employees to:
1568 (i) the Legislature; and
1569 (ii) the executive director of the state [
1570 Management;
1571 (k) determine benefits and rates, upon approval of the board, for multi-employer risk
1572 pools, retiree coverage, and conversion coverage;
1573 (l) determine benefits and rates based on the total estimated costs and the employee
1574 premium share established by the Legislature, upon approval of the board, for state employees;
1575 (m) administer benefits and rates, upon ratification of the board, for single-employer
1576 risk pools;
1577 (n) request proposals for provider networks or health and dental benefit plans
1578 administered by third-party carriers at least once every three years for the purposes of:
1579 (i) stimulating competition for the benefit of covered individuals;
1580 (ii) establishing better geographical distribution of medical care services; and
1581 (iii) providing coverage for both active and retired covered individuals;
1582 (o) offer proposals which meet the criteria specified in a request for proposals and
1583 accepted by the program to active and retired state covered individuals and which may be
1584 offered to active and retired covered individuals of other covered employers at the option of the
1585 covered employer;
1586 (p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for
1587 the Department of Health if the program provides program benefits to children enrolled in the
1588 Utah Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's
1589 Health Insurance Act;
1590 (q) establish rules and procedures governing the admission of political subdivisions or
1591 educational institutions and their employees to the program;
1592 (r) contract directly with medical providers to provide services for covered individuals;
1593 (s) take additional actions necessary or appropriate to carry out the purposes of this
1594 chapter;
1595 (t) (i) require state employees and their dependents to participate in the electronic
1596 exchange of clinical health records in accordance with Section 26-1-37 unless the enrollee opts
1597 out of participation; and
1598 (ii) prior to enrolling the state employee, each time the state employee logs onto the
1599 program's website, and each time the enrollee receives written enrollment information from the
1600 program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
1601 of clinical health records and the option to opt out of participation at any time; and
1602 (u) at the request of a procurement unit, as that term is defined in Section 63G-6a-103,
1603 that administers benefits to program recipients who are not covered by Title 26, Utah Health
1604 Code, provide services for:
1605 (i) drugs;
1606 (ii) medical devices; or
1607 (iii) other types of medical care.
1608 (2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
1609 employers and covered individuals.
1610 (b) Administrative costs shall be approved by the board and reported to the governor
1611 and the Legislature.
1612 (3) The [
1613 benefit adjustments described in Subsection (1)(j) in the total compensation plan recommended
1614 to the governor required under Subsection [
1615 Section 20. Section 49-20-410 is amended to read:
1616 49-20-410. High deductible health plan -- Health savings account --
1617 Contributions.
1618 (1) (a) In addition to other employee benefit plans offered under Subsection
1619 49-20-201(1), the office shall offer at least one federally qualified high deductible health plan
1620 with a health savings account as an optional health plan.
1621 (b) The provisions and limitations of the plan shall be:
1622 (i) determined by the office in accordance with federal requirements and limitations;
1623 and
1624 (ii) designed to promote appropriate health care utilization by consumers, including
1625 preventive health care services.
1626 (c) A state employee hired on or after July 1, 2011, who is offered a plan under
1627 Subsection 49-20-202(1)(a), shall be enrolled in a federally qualified high deductible health
1628 plan unless the employee chooses a different health benefit plan during the employee's open
1629 enrollment period.
1630 (2) The office shall:
1631 (a) administer the high deductible health plan in coordination with a health savings
1632 account for medical expenses for each covered individual in the high deductible health plan;
1633 (b) offer to all employees training regarding all health plans offered to employees;
1634 (c) prepare online training as an option for the training required by Subsections (2)(b)
1635 and (4);
1636 (d) ensure the training offered under Subsections (2)(b) and (c) includes information on
1637 changing coverages to the high deductible plan with a health savings account, including
1638 coordination of benefits with other insurances, restrictions on other insurance coverages, and
1639 general tax implications; and
1640 (e) coordinate annual open enrollment with the [
1641 Resource Management to give state employees the opportunity to affirmatively select
1642 preferences from among insurance coverage options.
1643 (3) (a) Contributions to the health savings account may be made by the employer.
1644 (b) The amount of the employer contributions under Subsection (3)(a) shall be
1645 determined annually by the office, after consultation with the [
1646 Resource Management and the Governor's Office of Management and Budget so that the
1647 annual employer contribution amount is not less than the difference in the actuarial value
1648 between the program's health maintenance organization coverage and the federally qualified
1649 high deductible health plan coverage, after taking into account any difference in employee
1650 premium contribution.
1651 (c) The office shall distribute the annual amount determined under Subsection (3)(b) to
1652 employees in two equal amounts with a pay date in January and a pay date in July of each plan
1653 year.
1654 (d) An employee may also make contributions to the health savings account.
1655 (e) If an employee is ineligible for a contribution to a health savings account under
1656 federal law and would otherwise be eligible for the contribution under Subsection (3)(a), the
1657 contribution shall be distributed into a health reimbursement account or other tax-advantaged
1658 arrangement authorized under the Internal Revenue Code for the benefit of the employee.
1659 (4) (a) An employer participating in a plan offered under Subsection 49-20-202(1)(a)
1660 shall require each employee to complete training on the health plan options available to the
1661 employee.
1662 (b) The training required by Subsection (4)(a):
1663 (i) shall include materials prepared by the office under Subsection (2);
1664 (ii) may be completed online; and
1665 (iii) shall be completed:
1666 (A) before the end of the 2012 open enrollment period for current enrollees in the
1667 program; and
1668 (B) for employees hired on or after July 1, 2011, before the employee's selection of a
1669 plan in the program.
1670 Section 21. Section 53-1-106 is amended to read:
1671 53-1-106. Department duties -- Powers.
1672 (1) In addition to the responsibilities contained in this title, the department shall:
1673 (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
1674 Code, including:
1675 (i) setting performance standards for towing companies to be used by the department,
1676 as required by Section 41-6a-1406; and
1677 (ii) advising the Department of Transportation regarding the safe design and operation
1678 of school buses, as required by Section 41-6a-1304;
1679 (b) make rules to establish and clarify standards pertaining to the curriculum and
1680 teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
1681 (c) aid in enforcement efforts to combat drug trafficking;
1682 (d) meet with the [
1683 contracts, establish priorities, and develop funding mechanisms for dispatch and
1684 telecommunications operations;
1685 (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
1686 Victims of Crime in conducting research or monitoring victims' programs, as required by
1687 Section 63M-7-505;
1688 (f) develop sexual assault exam protocol standards in conjunction with the Utah
1689 Hospital Association;
1690 (g) engage in emergency planning activities, including preparation of policy and
1691 procedure and rulemaking necessary for implementation of the federal Emergency Planning
1692 and Community Right to Know Act of 1986, as required by Section 53-2a-702;
1693 (h) implement the provisions of Section 53-2a-402, the Emergency Management
1694 Assistance Compact;
1695 (i) ensure that any training or certification required of a public official or public
1696 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1697 22, State Training and Certification Requirements, if the training or certification is required:
1698 (i) under this title;
1699 (ii) by the department; or
1700 (iii) by an agency or division within the department; and
1701 (j) employ a law enforcement officer as a public safety liaison to be housed at the State
1702 Board of Education who shall work with the State Board of Education to:
1703 (i) support training with relevant state agencies for school resource officers as
1704 described in Section 53G-8-702;
1705 (ii) coordinate the creation of model policies and memorandums of understanding for a
1706 local education agency and a local law enforcement agency; and
1707 (iii) ensure cooperation between relevant state agencies, a local education agency, and
1708 a local law enforcement agency to foster compliance with disciplinary related statutory
1709 provisions, including Sections 53E-3-516 and 53G-8-211.
1710 (2) (a) The department shall establish a schedule of fees as required or allowed in this
1711 title for services provided by the department.
1712 (b) All fees not established in statute shall be established in accordance with Section
1713 63J-1-504.
1714 (3) The department may establish or contract for the establishment of an Organ
1715 Procurement Donor Registry in accordance with Section 26-28-120.
1716 Section 22. Section 53-2a-105 is amended to read:
1717 53-2a-105. Emergency Management Administration Council created -- Function
1718 -- Composition -- Expenses.
1719 (1) There is created the Emergency Management Administration Council to provide
1720 advice and coordination for state and local government agencies on government emergency
1721 prevention, mitigation, preparedness, response, and recovery actions and activities.
1722 (2) The council shall meet at the call of the chair, but at least semiannually.
1723 (3) The council shall be made up of the:
1724 (a) lieutenant governor, or the lieutenant governor's designee;
1725 (b) attorney general, or the attorney general's designee;
1726 (c) heads of the following state agencies, or their designees:
1727 (i) Department of Public Safety;
1728 (ii) Division of Emergency Management;
1729 (iii) Department of Transportation;
1730 (iv) Department of Health;
1731 (v) Department of Environmental Quality;
1732 (vi) Department of Workforce Services;
1733 (vii) Department of Natural Resources;
1734 (viii) Department of Agriculture and Food;
1735 (ix) [
1736 (x) Division of Indian Affairs;
1737 (d) adjutant general of the National Guard or the adjutant general's designee;
1738 (e) statewide interoperability coordinator of the Utah Communications Authority or the
1739 coordinator's designee;
1740 (f) two representatives with expertise in emergency management appointed by the Utah
1741 League of Cities and Towns;
1742 (g) two representatives with expertise in emergency management appointed by the
1743 Utah Association of Counties;
1744 (h) up to four additional members with expertise in emergency management, critical
1745 infrastructure, or key resources as these terms are defined under 6 U.S. Code Section 101
1746 appointed from the private sector, by the co-chairs of the council;
1747 (i) two representatives appointed by the Utah Emergency Management Association;
1748 (j) one representative from the Urban Area Working Group, appointed by the council
1749 co-chairs;
1750 (k) one representative from education, appointed by the council co-chairs; and
1751 (l) one representative from a volunteer or faith-based organization, appointed by the
1752 council co-chairs.
1753 (4) The commissioner and the lieutenant governor shall serve as co-chairs of the
1754 council.
1755 (5) A member may not receive compensation or benefits for the member's service, but
1756 may receive per diem and travel expenses in accordance with:
1757 (a) Section 63A-3-106;
1758 (b) Section 63A-3-107; and
1759 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1760 63A-3-107.
1761 (6) The council shall coordinate with existing emergency management related entities
1762 including:
1763 (a) the Emergency Management Regional Committees established by the Department
1764 of Public Safety;
1765 (b) the Statewide Mutual Aid Committee established under Section 53-2a-303; and
1766 (c) the Hazardous Chemical Emergency Response Commission designated under
1767 Section 53-2a-703.
1768 (7) The council may appoint additional members or establish other committees and
1769 task forces as determined necessary by the council to carry out the duties of the council.
1770 Section 23. Section 53-2a-802 is amended to read:
1771 53-2a-802. Definitions.
1772 (1) (a) "Absent" means:
1773 (i) not physically present or not able to be communicated with for 48 hours; or
1774 (ii) for local government officers, as defined by local ordinances.
1775 (b) "Absent" does not include a person who can be communicated with via telephone,
1776 radio, or telecommunications.
1777 (2) "Department" means the Department of [
1778 Operations, the Department of Agriculture and Food, the Alcoholic Beverage Control
1779 Commission, the Department of Commerce, the Department of Heritage and Arts, the
1780 Department of Corrections, the Department of Environmental Quality, the Department of
1781 Financial Institutions, the Department of Health, [
1782
1783 Guard, the Department of Insurance, the Department of Natural Resources, the Department of
1784 Public Safety, the Public Service Commission, the Department of Human Services, the State
1785 Tax Commission, [
1786 any other major administrative subdivisions of state government, the State Board of Education,
1787 the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement
1788 Board, and each institution of higher education within the system of higher education.
1789 (3) "Division" means the Division of Emergency Management established in Title 53,
1790 Chapter 2a, Part 1, Emergency Management Act.
1791 (4) "Emergency interim successor" means a person designated by this part to exercise
1792 the powers and discharge the duties of an office when the person legally exercising the powers
1793 and duties of the office is unavailable.
1794 (5) "Executive director" means the person with ultimate responsibility for managing
1795 and overseeing the operations of each department, however denominated.
1796 (6) (a) "Office" includes all state and local offices, the powers and duties of which are
1797 defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
1798 (b) "Office" does not include the office of governor or the legislative or judicial offices.
1799 (7) "Place of governance" means the physical location where the powers of an office
1800 are being exercised.
1801 (8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
1802 authorities, and other public corporations and entities whether organized and existing under
1803 charter or general law.
1804 (9) "Political subdivision officer" means a person holding an office in a political
1805 subdivision.
1806 (10) "State officer" means the attorney general, the state treasurer, the state auditor, and
1807 the executive director of each department.
1808 (11) "Unavailable" means:
1809 (a) absent from the place of governance during a disaster that seriously disrupts normal
1810 governmental operations, whether or not that absence or inability would give rise to a vacancy
1811 under existing constitutional or statutory provisions; or
1812 (b) as otherwise defined by local ordinance.
1813 Section 24. Section 53-6-104 is amended to read:
1814 53-6-104. Appointment of director of division -- Qualifications -- Appointment of
1815 employees -- Term of office -- Compensation.
1816 (1) The commissioner, upon recommendation of the council and with the approval of
1817 the governor, shall appoint a director of the division.
1818 (2) The director is the executive and administrative head of the division and shall be
1819 experienced in administration and possess additional qualifications as determined by the
1820 commissioner and as provided by law.
1821 (3) The director shall be a full-time officer of the state.
1822 (4) The director may appoint deputies, consultants, clerks, and other employees from
1823 eligibility lists authorized by the [
1824 (5) The director may be removed from his position at the will of the commissioner.
1825 (6) The director shall receive compensation as provided by Title [
1826 [
1827 Section 25. Section 53-10-108 is amended to read:
1828 53-10-108. Restrictions on access, use, and contents of division records -- Limited
1829 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
1830 -- Missing children records -- Penalty for misuse of records.
1831 (1) As used in this section:
1832 (a) "FBI Rap Back System" means the rap back system maintained by the Federal
1833 Bureau of Investigation.
1834 (b) "Rap back system" means a system that enables authorized entities to receive
1835 ongoing status notifications of any criminal history reported on individuals whose fingerprints
1836 are registered in the system.
1837 (c) "WIN Database" means the Western Identification Network Database that consists
1838 of eight western states sharing one electronic fingerprint database.
1839 (2) Dissemination of information from a criminal history record, including information
1840 obtained from a fingerprint background check, name check, warrant of arrest information, or
1841 information from division files, is limited to:
1842 (a) criminal justice agencies for purposes of administration of criminal justice and for
1843 employment screening by criminal justice agencies;
1844 (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
1845 agency to provide services required for the administration of criminal justice;
1846 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
1847 purposes for which given, and ensure the security and confidentiality of the data;
1848 (c) a qualifying entity for employment background checks for their own employees and
1849 persons who have applied for employment with the qualifying entity;
1850 (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
1851 executive order, court rule, court order, or local ordinance;
1852 (e) agencies or individuals for the purpose of obtaining required clearances connected
1853 with foreign travel or obtaining citizenship;
1854 (f) agencies or individuals for the purpose of a preplacement adoptive study, in
1855 accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
1856 (g) private security agencies through guidelines established by the commissioner for
1857 employment background checks for their own employees and prospective employees;
1858 (h) state agencies for the purpose of conducting a background check for the following
1859 individuals:
1860 (i) employees;
1861 (ii) applicants for employment;
1862 (iii) volunteers; and
1863 (iv) contract employees;
1864 (i) governor's office for the purpose of conducting a background check on the
1865 following individuals:
1866 (i) cabinet members;
1867 (ii) judicial applicants; and
1868 (iii) members of boards, committees, and commissions appointed by the governor;
1869 (j) the office of the lieutenant governor for the purpose of conducting a background
1870 check on an individual applying to be a notary public under Section 46-1-3[
1871 (k) agencies and individuals as the commissioner authorizes for the express purpose of
1872 research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
1873 agency; and
1874 (l) other agencies and individuals as the commissioner authorizes and finds necessary
1875 for protection of life and property and for offender identification, apprehension, and
1876 prosecution pursuant to an agreement.
1877 (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
1878 limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
1879 individuals to whom the information relates, and ensure the confidentiality and security of the
1880 data.
1881 (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
1882 agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
1883 signed waiver from the person whose information is requested.
1884 (b) The waiver shall notify the signee:
1885 (i) that a criminal history background check will be conducted;
1886 (ii) who will see the information; and
1887 (iii) how the information will be used.
1888 (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1889 individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
1890 justice name based background check of local databases to the bureau shall provide to the
1891 bureau:
1892 (i) personal identifying information for the subject of the background check; and
1893 (ii) the fee required by Subsection (15).
1894 (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1895 individual described in Subsections (2)(d) through (g) that submits a request for a WIN
1896 database check and a nationwide background check shall provide to the bureau:
1897 (i) personal identifying information for the subject of the background check;
1898 (ii) a fingerprint card for the subject of the background check; and
1899 (iii) the fee required by Subsection (15).
1900 (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
1901 other agency or individual described in Subsections (2)(d) through (j) may only be:
1902 (i) available to individuals involved in the hiring or background investigation of the job
1903 applicant, employee, or notary applicant;
1904 (ii) used for the purpose of assisting in making an employment appointment, selection,
1905 or promotion decision or for considering a notary applicant under Section 46-1-3; and
1906 (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
1907 (4)(b).
1908 (f) An individual who disseminates or uses information obtained from the division
1909 under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
1910 (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
1911 (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1912 individual described in Subsections (2)(d) through (j) that obtains background check
1913 information shall provide the subject of the background check an opportunity to:
1914 (i) review the information received as provided under Subsection (9); and
1915 (ii) respond to any information received.
1916 (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1917 division may make rules to implement this Subsection (4).
1918 (i) The division or its employees are not liable for defamation, invasion of privacy,
1919 negligence, or any other claim in connection with the contents of information disseminated
1920 under Subsections (2)(c) through (j).
1921 (5) (a) Any criminal history record information obtained from division files may be
1922 used only for the purposes for which it was provided and may not be further disseminated,
1923 except under Subsection (5)(b), (c), or (d).
1924 (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
1925 provided by the agency to the individual who is the subject of the history, another licensed
1926 child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
1927 adoption.
1928 (c) A criminal history of a defendant provided to a criminal justice agency under
1929 Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
1930 upon request during the discovery process, for the purpose of establishing a defense in a
1931 criminal case.
1932 (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
1933 Transit District Act, that is under contract with a state agency to provide services may, for the
1934 purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
1935 the state agency or the agency's designee.
1936 (6) The division may not disseminate criminal history record information to qualifying
1937 entities under Subsection (2)(c) regarding employment background checks if the information is
1938 related to charges:
1939 (a) that have been declined for prosecution;
1940 (b) that have been dismissed; or
1941 (c) regarding which a person has been acquitted.
1942 (7) (a) This section does not preclude the use of the division's central computing
1943 facilities for the storage and retrieval of criminal history record information.
1944 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
1945 unauthorized agencies or individuals.
1946 (8) Direct access through remote computer terminals to criminal history record
1947 information in the division's files is limited to those agencies authorized by the commissioner
1948 under procedures designed to prevent unauthorized access to this information.
1949 (9) (a) The commissioner shall establish procedures to allow an individual right of
1950 access to review and receive a copy of the individual's criminal history report.
1951 (b) A processing fee for the right of access service, including obtaining a copy of the
1952 individual's criminal history report under Subsection (9)(a) shall be set in accordance with
1953 Section 63J-1-504.
1954 (c) (i) The commissioner shall establish procedures for an individual to challenge the
1955 completeness and accuracy of criminal history record information contained in the division's
1956 computerized criminal history files regarding that individual.
1957 (ii) These procedures shall include provisions for amending any information found to
1958 be inaccurate or incomplete.
1959 (10) The private security agencies as provided in Subsection (2)(g):
1960 (a) shall be charged for access; and
1961 (b) shall be registered with the division according to rules made by the division under
1962 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1963 (11) Before providing information requested under this section, the division shall give
1964 priority to criminal justice agencies needs.
1965 (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
1966 use, disclose, or disseminate a record created, maintained, or to which access is granted by the
1967 division or any information contained in a record created, maintained, or to which access is
1968 granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
1969 policy of a governmental entity.
1970 (b) A person who discovers or becomes aware of any unauthorized use of records
1971 created or maintained, or to which access is granted by the division shall inform the
1972 commissioner and the director of the Utah Bureau of Criminal Identification of the
1973 unauthorized use.
1974 (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
1975 Subsection (2) may request that the division register fingerprints taken for the purpose of
1976 conducting current and future criminal background checks under this section with:
1977 (i) the WIN Database rap back system, or any successor system;
1978 (ii) the FBI Rap Back System; or
1979 (iii) a system maintained by the division.
1980 (b) A qualifying entity or an entity described in Subsection (2) may only make a
1981 request under Subsection (13)(a) if the entity:
1982 (i) has the authority through state or federal statute or federal executive order;
1983 (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
1984 and
1985 (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
1986 notifications for individuals with whom the entity maintains an authorizing relationship.
1987 (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
1988 be retained in the FBI Rap Back System for the purpose of being searched by future
1989 submissions to the FBI Rap Back System, including latent fingerprint searches.
1990 (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
1991 the applicant fingerprint card, name check, and to register fingerprints under Subsection
1992 (13)(a).
1993 (b) Funds generated under this Subsection (15) shall be deposited into the General
1994 Fund as a dedicated credit by the department to cover the costs incurred in providing the
1995 information.
1996 (c) The division may collect fees charged by an outside agency for services required
1997 under this section.
1998 (16) For the purposes of conducting a criminal background check authorized under
1999 Subsection (2)(h),(i), or (j), the [
2000 accordance with Title [
2001 Act, and the governor's office shall have direct access to criminal background information
2002 maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2003 Section 26. Section 53B-17-105 is amended to read:
2004 53B-17-105. Utah Education and Telehealth Network.
2005 (1) There is created the Utah Education and Telehealth Network, or UETN.
2006 (2) UETN shall:
2007 (a) coordinate and support the telecommunications needs of public and higher
2008 education, public libraries, and entities affiliated with the state systems of public and higher
2009 education as approved by the Utah Education and Telehealth Network Board, including the
2010 statewide development and implementation of a network for education, which utilizes satellite,
2011 microwave, fiber-optic, broadcast, and other transmission media;
2012 (b) coordinate the various telecommunications technology initiatives of public and
2013 higher education;
2014 (c) provide high-quality, cost-effective Internet access and appropriate interface
2015 equipment for schools and school systems;
2016 (d) procure, install, and maintain telecommunication services and equipment on behalf
2017 of public and higher education;
2018 (e) develop or implement other programs or services for the delivery of distance
2019 learning and telehealth services as directed by law;
2020 (f) apply for state and federal funding on behalf of:
2021 (i) public and higher education; and
2022 (ii) telehealth services;
2023 (g) in consultation with health care providers from a variety of health care systems,
2024 explore and encourage the development of telehealth services as a means of reducing health
2025 care costs and increasing health care quality and access, with emphasis on assisting rural health
2026 care providers and special populations; and
2027 (h) in consultation with the Utah Department of Health, advise the governor and the
2028 Legislature on:
2029 (i) the role of telehealth in the state;
2030 (ii) the policy issues related to telehealth;
2031 (iii) the changing telehealth needs and resources in the state; and
2032 (iv) state budgetary matters related to telehealth.
2033 (3) In performing the duties under Subsection (2), UETN shall:
2034 (a) provide services to schools, school districts, and the public and higher education
2035 systems through an open and competitive bidding process;
2036 (b) work with the private sector to deliver high-quality, cost-effective services;
2037 (c) avoid duplicating facilities, equipment, or services of private providers or public
2038 telecommunications service, as defined under Section 54-8b-2;
2039 (d) utilize statewide economic development criteria in the design and implementation
2040 of the educational telecommunications infrastructure; and
2041 (e) assure that public service entities, such as educators, public service providers, and
2042 public broadcasters, are provided access to the telecommunications infrastructure developed in
2043 the state.
2044 (4) The University of Utah shall provide administrative support for UETN.
2045 (5) (a) The Utah Education and Telehealth Network Board, which is the governing
2046 board for UETN, is created.
2047 (b) The Utah Education and Telehealth Network Board shall have 13 members as
2048 follows:
2049 (i) five members representing the state system of higher education, of which at least one
2050 member represents technical colleges, appointed by the commissioner of higher education;
2051 (ii) four members representing the state system of public education appointed by the
2052 State Board of Education;
2053 (iii) one member representing the state library appointed by the state librarian;
2054 (iv) two members representing hospitals as follows:
2055 (A) the members may not be employed by the same hospital system;
2056 (B) one member shall represent a rural hospital;
2057 (C) one member shall represent an urban hospital; and
2058 (D) the chief administrator or the administrator's designee for each hospital licensed in
2059 this state shall select the two hospital representatives; and
2060 (v) one member representing the office of the governor, appointed by the governor.
2061 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2062 appointed for the unexpired term.
2063 (d) (i) The board shall elect a chair.
2064 (ii) The chair shall set the agenda for the board meetings.
2065 (6) A member of the board may not receive compensation or benefits for the member's
2066 service, but may receive per diem and travel expenses in accordance with:
2067 (a) Section 63A-3-106;
2068 (b) Section 63A-3-107; and
2069 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2070 63A-3-107.
2071 (7) The board:
2072 (a) shall hire an executive director for UETN who may hire staff for UETN as
2073 permitted by the budget;
2074 (b) may terminate the executive director's employment or assignment;
2075 (c) shall determine the executive director's salary;
2076 (d) shall annually conduct a performance evaluation of the executive director;
2077 (e) shall establish policies the board determines are necessary for the operation of
2078 UETN and the administration of UETN's duties; and
2079 (f) shall advise UETN in:
2080 (i) the development and operation of a coordinated, statewide, multi-option
2081 telecommunications system to assist in the delivery of educational services and telehealth
2082 services throughout the state; and
2083 (ii) acquiring, producing, and distributing instructional content.
2084 (8) The executive director of UETN shall be an at-will employee.
2085 (9) UETN shall locate and maintain educational and telehealth telecommunication
2086 infrastructure throughout the state.
2087 (10) Educational institutions shall manage site operations under policy established by
2088 UETN.
2089 (11) Subject to future budget constraints, the Legislature shall provide an annual
2090 appropriation to operate UETN.
2091 (12) If the network operated by the [
2092 not available, UETN may provide network connections to the central administration of counties
2093 and municipalities for the sole purpose of transferring data to a secure facility for backup and
2094 disaster recovery.
2095 Section 27. Section 53C-1-201 is amended to read:
2096 53C-1-201. Creation of administration -- Purpose -- Director -- Participation in
2097 Risk Management Fund -- Closed meetings.
2098 (1) (a) There is established within state government the School and Institutional Trust
2099 Lands Administration.
2100 (b) The administration shall manage all school and institutional trust lands and assets
2101 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
2102 of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
2103 Management Act.
2104 (2) The administration is an independent state agency and not a division of any other
2105 department.
2106 (3) (a) The administration is subject to the usual legislative and executive department
2107 controls except as provided in this Subsection (3).
2108 (b) (i) The director may make rules as approved by the board that allow the
2109 administration to classify a business proposal submitted to the administration as protected
2110 under Section 63G-2-305, for as long as is necessary to evaluate the proposal.
2111 (ii) The administration shall return the proposal to the party who submitted the
2112 proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
2113 and Management Act, if the administration determines not to proceed with the proposal.
2114 (iii) The administration shall classify the proposal pursuant to law if the administration
2115 decides to proceed with the proposal.
2116 (iv) Section 63G-2-403 does not apply during the review period.
2117 (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
2118 Administrative Rulemaking Act, except that the administration is not subject to Subsections
2119 63G-3-301(5), (6), (7), and (13) and Section 63G-3-601, and the director, with the board's
2120 approval, may establish a procedure for the expedited approval of rules, based on written
2121 findings by the director showing:
2122 (i) the changes in business opportunities affecting the assets of the trust;
2123 (ii) the specific business opportunity arising out of those changes which may be lost
2124 without the rule or changes to the rule;
2125 (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
2126 causing the loss of the specific opportunity;
2127 (iv) approval by at least five board members; and
2128 (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
2129 reasons and justifications for the director's findings, with the Office of Administrative Rules
2130 and notified interested parties as provided in Subsection 63G-3-301(10).
2131 (d) (i) The administration shall comply with Title [
2132 State Personnel Management Act, except as provided in this Subsection (3)(d).
2133 (ii) (A) The board may approve, upon recommendation of the director, that exemption
2134 for specific positions under Subsections [
2135 63A-17-307(2) is required in order to enable the administration to efficiently fulfill the
2136 administration's responsibilities under the law.
2137 (B) The director shall consult with the [
2138 Division of Human Resource Management before making a recommendation under Subsection
2139 (3)(d)(ii)(A).
2140 (iii) The positions of director, deputy director, associate director, assistant director,
2141 legal counsel appointed under Section 53C-1-305, administrative assistant, and public affairs
2142 officer are exempt under Subsections [
2143 63A-17-307(2).
2144 (iv) (A) The director shall set salaries for exempted positions, except for the director,
2145 after consultation with the [
2146 Resource Management, within ranges approved by the board.
2147 (B) The board and director shall consider salaries for similar positions in private
2148 enterprise and other public employment when setting salary ranges.
2149 (v) The board may create an annual incentive and bonus plan for the director and other
2150 administration employees designated by the board, based upon the attainment of financial
2151 performance goals and other measurable criteria defined and budgeted in advance by the board.
2152 (e) The administration shall comply with:
2153 (i) subject to Subsection (8), Title 52, Chapter 4, Open and Public Meetings Act;
2154 (ii) Title 63G, Chapter 2, Government Records Access and Management Act; and
2155 (iii) Title 63G, Chapter 6a, Utah Procurement Code, except where the board approves,
2156 upon recommendation of the director, exemption from the Utah Procurement Code, and
2157 simultaneous adoption of rules under Title 63G, Chapter 3, Utah Administrative Rulemaking
2158 Act, for procurement, that enable the administration to efficiently fulfill the administration's
2159 responsibilities under the law.
2160 (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
2161 the fee agency requirements of Section 63J-1-504.
2162 (ii) The following fees of the administration are subject to Section 63J-1-504:
2163 (A) application;
2164 (B) assignment;
2165 (C) amendment;
2166 (D) affidavit for lost documents;
2167 (E) name change;
2168 (F) reinstatement;
2169 (G) grazing nonuse;
2170 (H) extension of time;
2171 (I) partial conveyance;
2172 (J) patent reissue;
2173 (K) collateral assignment;
2174 (L) electronic payment; and
2175 (M) processing.
2176 (g) (i) Notwithstanding Subsection 63J-1-206(2)(c), the administration may transfer
2177 money between the administration's line items.
2178 (ii) Before transferring appropriated money between line items, the administration shall
2179 submit a proposal to the board for the board's approval.
2180 (iii) If the board gives approval to a proposal to transfer appropriated money between
2181 line items, the administration shall submit the proposal to the Legislative Executive
2182 Appropriations Committee for the Legislative Executive Appropriations Committee's review
2183 and recommendations.
2184 (iv) The Legislative Executive Appropriations Committee may recommend:
2185 (A) that the administration transfer the appropriated money between line items;
2186 (B) that the administration not transfer the appropriated money between line items; or
2187 (C) to the governor that the governor call a special session of the Legislature to
2188 supplement the appropriated budget for the administration.
2189 (4) The administration is managed by a director of school and institutional trust lands
2190 appointed by a majority vote of the board of trustees with the consent of the governor.
2191 (5) (a) The board of trustees shall provide policies for the management of the
2192 administration and for the management of trust lands and assets.
2193 (b) (i) The board shall provide policies for the ownership and control of Native
2194 American remains that are discovered or excavated on school and institutional trust lands in
2195 consultation with the Division of Indian Affairs and giving due consideration to Title 9,
2196 Chapter 9, Part 4, Native American Grave Protection and Repatriation Act.
2197 (ii) The director may make rules in accordance with Title 63G, Chapter 3, Utah
2198 Administrative Rulemaking Act, to implement policies provided by the board regarding Native
2199 American remains.
2200 (6) In connection with joint ventures and other transactions involving trust lands and
2201 minerals approved under Sections 53C-1-303 and 53C-2-401, the administration, with board
2202 approval, may become a member of a limited liability company under Title 48, Chapter 3a,
2203 Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
2204 48-3a-1405 and is considered a person under Section 48-3a-102.
2205 (7) Subject to Subsection 63E-1-304(2), the administration may participate in coverage
2206 under the Risk Management Fund created by Section 63A-4-201.
2207 (8) (a) Notwithstanding Subsection (3), Subsection 52-4-204(2) or 52-4-205(1), and in
2208 addition to the reasons to close a meeting under Section 52-4-205, the board may hold a closed
2209 meeting if two-thirds of the members present when a quorum is present vote to close the
2210 meeting for the purpose of:
2211 (i) conducting a strategy session to discuss market conditions relevant to the sale of
2212 particular trust assets if the terms of the sale of any trust assets are publicly disclosed before the
2213 board approves the sale and a public discussion would:
2214 (A) disclose the appraisal or estimated value of the trust assets under consideration; or
2215 (B) prevent the board from completing a contemplated transaction concerning the trust
2216 assets on the best possible terms; or
2217 (ii) conducting a strategy session to evaluate the terms of a joint venture or other
2218 business arrangement authorized under Subsection 53C-1-303(3)(e) if the terms of the joint
2219 venture or other business arrangement are publicly disclosed before the board approves the
2220 transaction and a public discussion of the transaction would:
2221 (A) disclose the appraisal or estimated value of the trust assets under consideration; or
2222 (B) prevent the board from completing the transaction concerning the joint venture or
2223 other business arrangement on the best possible terms.
2224 (b) The board shall comply with the procedural requirements for closing a meeting
2225 under Title 52, Chapter 4, Open and Public Meetings Act.
2226 Section 28. Section 53D-1-103 is amended to read:
2227 53D-1-103. Application of other law.
2228 (1) The office, board, and nominating committee are subject to:
2229 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2230 (b) Title 63A, Chapter 1, Part 2, Utah Public Finance Website.
2231 (2) Subject to Subsection 63E-1-304(2), the office may participate in coverage under
2232 the Risk Management Fund, created in Section 63A-4-201.
2233 (3) The office and board are subject to:
2234 (a) Title 63G, Chapter 2, Government Records Access and Management Act, except
2235 for records relating to investment activities; and
2236 (b) Title 63G, Chapter 6a, Utah Procurement Code.
2237 (4) (a) In making rules under this chapter, the director is subject to and shall comply
2238 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
2239 Subsection (4)(b).
2240 (b) Subsections 63G-3-301(6) and (7) and Section 63G-3-601 do not apply to the
2241 director's making of rules under this chapter.
2242 (5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
2243 member to the same extent as it applies to an employee, as defined in Section 63G-7-102.
2244 (6) (a) A board member, the director, and an office employee or agent are subject to:
2245 (i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
2246 (ii) other requirements that the board establishes.
2247 (b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
2248 board member, the director, and an office employee or agent may not directly or indirectly
2249 acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
2250 with trust fund money.
2251 (7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title [
2252 63A, Chapter [
2253 (b) (i) Upon a recommendation from the director after the director's consultation with
2254 the [
2255 board may provide that specified positions in the office are exempt from Section [
2256 63A-17-307 and the career service provisions of Title [
2257 Personnel Management Act, as provided in Subsection [
2258 determines that exemption is required for the office to fulfill efficiently its responsibilities
2259 under this chapter.
2260 (ii) The director position is exempt from Section [
2261 service provisions of Title [
2262 as provided in Subsection [
2263 (iii) (A) After consultation with the [
2264 of Human Resource Management, the director shall set salaries for positions that are exempted
2265 under Subsection (7)(b)(i), within ranges that the board approves.
2266 (B) In approving salary ranges for positions that are exempted under Subsection
2267 (7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
2268 public employment.
2269 (8) The office is subject to legislative appropriation, to executive branch budgetary
2270 review and recommendation, and to legislative and executive branch review.
2271 Section 29. Section 53E-8-301 is amended to read:
2272 53E-8-301. Educators exempt from Division of Human Resource Management
2273 rules -- Collective bargaining agreement.
2274 (1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt
2275 from mandatory compliance with rules of the [
2276 Management.
2277 (2) The state board may enter into a collective bargaining agreement to establish
2278 compensation and other personnel policies with educators employed by the Utah Schools for
2279 the Deaf and the Blind to replace rules of the [
2280 Management.
2281 (3) A collective bargaining agreement made under Subsection (2) is subject to the same
2282 requirements that are imposed on local school boards by Section 53G-11-202.
2283 Section 30. Section 54-1-6 is amended to read:
2284 54-1-6. Employment of staff -- Status and compensation -- Employees not to be
2285 parties or witnesses and may not appeal commission decisions.
2286 (1) The annual budget of the Public Service Commission shall provide sufficient funds
2287 for the commission to hire, develop, and organize an advisory staff to assist the commission in
2288 performing the powers, duties, and functions committed to it by statute.
2289 (a) The commission may hire:
2290 (i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
2291 professional and technical experts;
2292 (ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
2293 administrative and support staff;
2294 (iii) additional experts as required for a particular matter; and
2295 (iv) administrative law judges, who shall be members of the Utah State Bar, and
2296 constitute a separate organizational unit reporting directly to the commission.
2297 (b) The commission may provide for funds in the annual budget to acquire suitable
2298 electronic recording equipment to maintain a verbatim record of proceedings before the
2299 commission, any commissioner, or any administrative law judge.
2300 (2) (a) With the exception of clerical workers in nonconfidential positions, all staff of
2301 the Public Service Commission are exempt employees under the State Personnel Management
2302 Act and serve at the pleasure of the commission.
2303 (b) Administrative law judges are exempt employees under the State Personnel
2304 Management Act and may only be removed from office upon due notice and by a unanimous
2305 vote of the commission.
2306 (c) (i) The [
2307 pay schedules using standard techniques for determining compensation.
2308 (ii) The [
2309 division's compensation determinations based upon compensation practices common to utility
2310 companies throughout the United States.
2311 (3) (a) The staff or other employees of the commission may not appear as parties or
2312 witnesses in any proceeding before the commission, any commissioner, or any administrative
2313 law judge.
2314 (b) The staff or other employees of the commission may not appeal any finding, order,
2315 or decision of the commission.
2316 Section 31. Section 54-4a-3 is amended to read:
2317 54-4a-3. Budget of division -- Employment of personnel.
2318 (1) The annual budget of the Division of Public Utilities shall provide sufficient funds
2319 for the division to hire, develop, and organize a technical and professional staff to perform the
2320 duties, powers, and responsibilities committed to it by statute.
2321 (2) The division director may:
2322 (a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law
2323 clerks, and other technical and professional experts as may be required;
2324 (b) retain additional experts as required for a particular matter, but only to the extent
2325 that it is necessary to supplement division staff in order to fulfill its duties; and
2326 (c) employ necessary administrative and support staff.
2327 (3) (a) The [
2328 pay schedules using standard techniques for determining compensation.
2329 (b) The [
2330 division's compensation determinations based upon compensation common to utility
2331 companies throughout the United States.
2332 Section 32. Section 61-1-18 is amended to read:
2333 61-1-18. Division of Securities established -- Director -- Investigators.
2334 (1) (a) There is established within the Department of Commerce a Division of
2335 Securities.
2336 (b) The division is under the direction and control of a director. The executive director
2337 shall appoint the director with the governor's approval.
2338 (c) Subject to Section 61-1-18.5, the division shall administer and enforce this chapter.
2339 (d) The director shall hold office at the pleasure of the governor.
2340 (2) The director, with the approval of the executive director, may employ the staff
2341 necessary to discharge the duties of the division or commission at salaries to be fixed by the
2342 director according to standards established by the [
2343 Management.
2344 (3) An investigator employed pursuant to Subsection (2) who meets the training
2345 requirements of Subsection 53-13-105(3) may be designated a special function officer, as
2346 defined in Section 53-13-105, by the director, but is not eligible for retirement benefits under
2347 the Public Safety Employee's Retirement System.
2348 Section 33. Section 61-2-201 is amended to read:
2349 61-2-201. Division of Real Estate created -- Director appointed -- Personnel.
2350 (1) There is created within the department a Division of Real Estate. The division is
2351 responsible for the administration and enforcement of:
2352 (a) this chapter;
2353 (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;
2354 (c) Title 57, Chapter 19, Timeshare and Camp Resort Act;
2355 (d) Title 57, Chapter 23, Real Estate Cooperative Marketing Act;
2356 (e) Title 57, Chapter 29, Undivided Fractionalized Long-term Estate Sales Practices
2357 Act;
2358 (f) Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;
2359 (g) Chapter 2e, Appraisal Management Company Registration and Regulation Act;
2360 (h) Chapter 2f, Real Estate Licensing and Practices Act; and
2361 (i) Chapter 2g, Real Estate Appraiser Licensing and Certification Act.
2362 (2) The division is under the direction and control of a director appointed by the
2363 executive director of the department with the approval of the governor. The director holds the
2364 office of director at the pleasure of the governor.
2365 (3) The director, with the approval of the executive director, may employ personnel
2366 necessary to discharge the duties of the division at salaries to be fixed by the director according
2367 to standards established by the Department of [
2368 Operations.
2369 Section 34. Section 62A-1-121 is amended to read:
2370 62A-1-121. Tracking effects of abuse of alcoholic products.
2371 (1) There is created a committee within the department known as the "Alcohol Abuse
2372 Tracking Committee" that consists of:
2373 (a) the executive director or the executive director's designee;
2374 (b) the executive director of the Department of Health or that executive director's
2375 designee;
2376 (c) the commissioner of the Department of Public Safety or the commissioner's
2377 designee;
2378 (d) the director of the Department of Alcoholic Beverage Control or that director's
2379 designee;
2380 (e) the executive director of the Department of Workforce Services or that executive
2381 director's designee;
2382 (f) the chair of the Utah Substance Use and Mental Health Advisory Council or the
2383 chair's designee;
2384 (g) the state court administrator or the state court administrator's designee; and
2385 (h) the [
2386 that [
2387 (2) The executive director or the executive director's designee shall chair the
2388 committee.
2389 (3) (a) Four members of the committee constitute a quorum.
2390 (b) A vote of the majority of the committee members present when a quorum is present
2391 is an action of the committee.
2392 (4) The committee shall meet at the call of the chair, except that the chair shall call a
2393 meeting at least twice a year:
2394 (a) with one meeting held each year to develop the report required under Subsection
2395 (7); and
2396 (b) with one meeting held to review and finalize the report before the report is issued.
2397 (5) The committee may adopt additional procedures or requirements for:
2398 (a) voting, when there is a tie of the committee members;
2399 (b) how meetings are to be called; and
2400 (c) the frequency of meetings.
2401 (6) The committee shall establish a process to collect for each calendar year the
2402 following information:
2403 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
2404 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
2405 violation related to underage drinking of alcohol;
2406 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
2407 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
2408 violation related to driving under the influence of alcohol;
2409 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
2410 related to over-serving or over-consumption of an alcoholic product;
2411 (d) the cost of social services provided by the state related to abuse of alcohol,
2412 including services provided by the Division of Child and Family Services;
2413 (e) the location where the alcoholic products that result in the violations or costs
2414 described in Subsections (6)(a) through (d) are obtained; and
2415 (f) any information the committee determines can be collected and relates to the abuse
2416 of alcoholic products.
2417 (7) The committee shall report the information collected under Subsection (6) annually
2418 to the governor and the Legislature by no later than the July 1 immediately following the
2419 calendar year for which the information is collected.
2420 Section 35. Section 62A-1-122 is amended to read:
2421 62A-1-122. Child pornography.
2422 (1) As used in this section:
2423 (a) "Child pornography" means the same as that term is defined in Section 76-5b-103.
2424 (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
2425 transfer of an image.
2426 (2) The department or a division within the department may not retain child
2427 pornography longer than is necessary to comply with the requirements of this section.
2428 (3) When the department or a division within the department obtains child
2429 pornography as a result of an employee unlawfully viewing child pornography, the department
2430 or division shall consult with and follow the guidance of the [
2431 Resource Management regarding personnel action and local law enforcement regarding
2432 retention of the child pornography.
2433 (4) When the department or a division within the department obtains child
2434 pornography as a result of a report or an investigation, the department or division shall
2435 immediately secure the child pornography, or the electronic device if the child pornography is
2436 digital, and contact the law enforcement office that has jurisdiction over the area where the
2437 division's case is located.
2438 Section 36. Section 62A-15-613 is amended to read:
2439 62A-15-613. Appointment of superintendent -- Qualifications -- Powers and
2440 responsibilities.
2441 (1) The director, with the consent of the executive director, shall appoint a
2442 superintendent of the state hospital, who shall hold office at the will of the director.
2443 (2) The superintendent shall have a bachelor's degree from an accredited university or
2444 college, be experienced in administration, and be knowledgeable in matters concerning mental
2445 health.
2446 (3) The superintendent has general responsibility for the buildings, grounds, and
2447 property of the state hospital. The superintendent shall appoint, with the approval of the
2448 director, as many employees as necessary for the efficient and economical care and
2449 management of the state hospital, and shall fix the employees' compensation and administer
2450 personnel functions according to the standards of the [
2451 Resource Management.
2452 Section 37. Section 63A-1-101 is amended to read:
2453
2454
2455 63A-1-101. Title.
2456 (1) This title is known as the "Utah [
2457 Code."
2458 (2) This chapter is known as "Department of Government Operations."
2459 Section 38. Section 63A-1-102 is amended to read:
2460 63A-1-102. Purposes.
2461 The department shall:
2462 (1) provide specialized agency support services commonly needed;
2463 (2) provide effective, coordinated management of state [
2464 operations services;
2465 (3) serve the public interest by providing services in a cost-effective and efficient
2466 manner, eliminating unnecessary duplication;
2467 (4) enable administrators to respond effectively to technological improvements;
2468 (5) emphasize the service role of state administrative service agencies in meeting the
2469 service needs of user agencies;
2470 (6) use flexibility in meeting the service needs of state agencies; and
2471 (7) protect the public interest by [
2472 accounting procedures and policies that govern the operation of agencies and institutions to
2473 assure that funds are expended properly and lawfully.
2474 Section 39. Section 63A-1-103 is amended to read:
2475 63A-1-103. Definitions.
2476 As used in this title:
2477 (1) "Agency" means a board, commission, institution, department, division, officer,
2478 council, office, committee, bureau, or other administrative unit of the state, including the
2479 agency head, agency employees, or other persons acting on behalf of or under the authority of
2480 the agency head, the Legislature, the courts, or the governor, but does not mean a political
2481 subdivision of the state, or any administrative unit of a political subdivision of the state.
2482 (2) "Department" means the Department of [
2483 Operations.
2484 (3) "Executive director" means the executive director of the Department of
2485 [
2486 Section 40. Section 63A-1-104 is amended to read:
2487 63A-1-104. Creation of department.
2488 There is created within state government the Department of [
2489 Government Operations, to be administered by an executive director.
2490 Section 41. Section 63A-1-109 is amended to read:
2491 63A-1-109. Divisions of department -- Administration.
2492 (1) The department [
2493 (a) the following divisions:
2494 [
2495 [
2496 [
2497 [
2498 [
2499 [
2500 [
2501 (i) the Division of Purchasing and General Services, created in Section 63A-2-101;
2502 (ii) the Division of Finance, created in Section 63A-3-101;
2503 (iii) the Division of Facilities Construction and Management, created in Section
2504 63A-5b-301;
2505 (iv) the Division of Fleet Operations, created in Section 63A-9-201;
2506 (v) the Division of Archives and Records Service, created in Section 63A-12-101;
2507 (vi) the Division of Technology Services, created in Section 63A-16-103;
2508 (vii) the Division of Human Resource Management, created in Section 63A-17-105;
2509 and
2510 (viii) the Division of Risk Management, created in Section 63A-4-101; and
2511 (b) the Utah Office of Administrative Rules, created in Section 63G-3-401.
2512 (2) Each division described in Subsection (1)(a) shall be administered and managed by
2513 a division director.
2514 Section 42. Section 63A-1-114 is amended to read:
2515 63A-1-114. Rate committee -- Membership -- Duties.
2516 (1) (a) There is created a rate committee consisting of the executive directors,
2517 commissioners, or superintendents of seven state agencies, which may include the State Board
2518 of Education, that use services and pay rates to one of the department internal service funds, or
2519 their designee, that the governor appoints for a two-year term.
2520 [
2521
2522
2523 [
2524 [
2525 [
2526 (c) (i) The committee shall elect a chair from [
2527 (ii) Members of the committee who are state government employees and who do not
2528 receive salary, per diem, or expenses from their agency for their service on the committee shall
2529 receive no compensation, benefits, per diem, or expenses for the members' service on the
2530 committee.
2531 (d) The [
2532 services to the committee.
2533 (2) (a) A division described in Section 63A-1-109 that manages an internal service
2534 fund shall submit to the committee a proposed rate and fee schedule for services rendered by
2535 the division to an executive branch entity or an entity that subscribes to services rendered by
2536 the division.
2537 (b) The committee shall:
2538 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
2539 Act;
2540 (ii) meet at least once each calendar year to:
2541 (A) discuss the service performance of each internal service fund;
2542 (B) review the proposed rate and fee schedules;
2543 (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
2544 schedules described in Subsection (2)(b)(ii)(B); and
2545 (D) discuss any prior or potential adjustments to the service level received by state
2546 agencies that pay rates to an internal service fund;
2547 (iii) recommend a proposed rate and fee schedule for each internal service fund to:
2548 (A) the Governor's Office of Management and Budget; and
2549 (B) each legislative appropriations subcommittee that, in accordance with Section
2550 63J-1-410, approves the internal service fund agency's rates, fees, and budget; and
2551 (iv) review and approve, increase or decrease an interim rate, fee, or amount when an
2552 internal service fund agency begins a new service or introduces a new product between annual
2553 general sessions of the Legislature.
2554 (c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate,
2555 fee, or amount that has been approved by the Legislature.
2556 Section 43. Section 63A-1-201 is amended to read:
2557 63A-1-201. Definitions.
2558 As used in this part:
2559 (1) "Board" means the Utah Transparency Advisory Board created under Section
2560 63A-1-203.
2561 [
2562 [
2563 the same as that term is defined in Section 63E-1-102.
2564 (b) "Independent entity" includes an entity that is part of an independent entity
2565 described in this Subsection [
2566 independent entity under the governmental accounting standards issued by the Governmental
2567 Accounting Standards Board.
2568 (c) "Independent entity" does not include the Utah State Retirement Office created in
2569 Section 49-11-201.
2570 [
2571 (a) a county;
2572 (b) a municipality;
2573 (c) a local district under Title 17B, Limited Purpose Local Government Entities - Local
2574 Districts;
2575 (d) a special service district under Title 17D, Chapter 1, Special Service District Act;
2576 (e) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
2577 (f) a school district;
2578 (g) a charter school;
2579 (h) except for a taxed interlocal entity as defined in Section 11-13-602:
2580 (i) an interlocal entity as defined in Section 11-13-103;
2581 (ii) a joint or cooperative undertaking as defined in Section 11-13-103; and
2582 (iii) any project, program, or undertaking entered into by interlocal agreement in
2583 accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
2584 (i) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that is
2585 part of an entity described in Subsections [
2586 component unit of the entity described in Subsections [
2587 governmental accounting standards issued by the Governmental Accounting Standards Board;
2588 and
2589 (j) a conservation district under Title 17D, Chapter 3, Conservation District Act.
2590 [
2591 legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
2592 councils, committees, and institutions.
2593 (b) "Participating state entity" includes an entity that is part of an entity described in
2594 Subsection [
2595 Subsection [
2596 Governmental Accounting Standards Board.
2597 [
2598 available on the Utah Public Finance Website, a participating local entity's website, or an
2599 independent entity's website as required by this part, and as the term "public financial
2600 information" is defined by rule under Section 63A-1-204.
2601 Section 44. Section 63A-1-203 is amended to read:
2602 63A-1-203. Utah Transparency Advisory Board -- Creation -- Membership --
2603 Duties.
2604 (1) There is created within the department the Utah Transparency Advisory Board
2605 comprised of members knowledgeable about public finance or providing public access to
2606 public information.
2607 (2) The board consists of:
2608 (a) the state auditor or the state auditor's designee;
2609 (b) an individual appointed by the executive director of the department;
2610 (c) an individual appointed by the executive director of the Governor's Office of
2611 Management and Budget;
2612 (d) an individual appointed by the governor on advice from the Legislative Fiscal
2613 Analyst;
2614 (e) one member of the Senate, appointed by the governor on advice from the president
2615 of the Senate;
2616 (f) one member of the House of Representatives, appointed by the governor on advice
2617 from the speaker of the House of Representatives;
2618 (g) an individual appointed by the director of the [
2619 Services;
2620 (h) the director of the Division of Archives and Records Service created in Section
2621 63A-12-101 or the director's designee;
2622 (i) an individual who is a member of the State Records Committee created in Section
2623 63G-2-501, appointed by the governor;
2624 (j) an individual representing counties, appointed by the governor;
2625 (k) an individual representing municipalities, appointed by the governor;
2626 (l) an individual representing special districts, appointed by the governor;
2627 (m) an individual representing the State Board of Education, appointed by the State
2628 Board of Education; and
2629 (n) one individual who is a member of the public and who has knowledge, expertise, or
2630 experience in matters relating to the board's duties under Subsection (10), appointed by the
2631 board members identified in Subsections (2)(a) through (m).
2632 (3) The board shall:
2633 (a) advise the state auditor and the department on matters related to the implementation
2634 and administration of this part;
2635 (b) develop plans, make recommendations, and assist in implementing the provisions
2636 of this part;
2637 (c) determine what public financial information shall be provided by a participating
2638 state entity, independent entity, and participating local entity, if the public financial
2639 information:
2640 (i) only includes records that:
2641 (A) are classified as public under Title 63G, Chapter 2, Government Records Access
2642 and Management Act, or, subject to any specific limitations and requirements regarding the
2643 provision of financial information from the entity described in Section 63A-1-202, if an entity
2644 is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
2645 records that would normally be classified as public if the entity were not exempt from Title
2646 63G, Chapter 2, Government Records Access and Management Act;
2647 (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
2648 revenues, regardless of the source; and
2649 (C) are owned, held, or administered by the participating state entity, independent
2650 entity, or participating local entity that is required to provide the record; and
2651 (ii) is of the type or nature that should be accessible to the public via a website based
2652 on considerations of:
2653 (A) the cost effectiveness of providing the information;
2654 (B) the value of providing the information to the public; and
2655 (C) privacy and security considerations;
2656 (d) evaluate the cost effectiveness of implementing specific information resources and
2657 features on the website;
2658 (e) require participating local entities to provide public financial information in
2659 accordance with the requirements of this part, with a specified content, reporting frequency,
2660 and form;
2661 (f) require an independent entity's website or a participating local entity's website to be
2662 accessible by link or other direct route from the Utah Public Finance Website if the
2663 independent entity or participating local entity does not use the Utah Public Finance Website;
2664 (g) determine the search methods and the search criteria that shall be made available to
2665 the public as part of a website used by an independent entity or a participating local entity
2666 under the requirements of this part, which criteria may include:
2667 (i) fiscal year;
2668 (ii) expenditure type;
2669 (iii) name of the agency;
2670 (iv) payee;
2671 (v) date; and
2672 (vi) amount; and
2673 (h) analyze ways to improve the information on the Utah Public Finance Website so
2674 the information is more relevant to citizens, including through the use of:
2675 (i) infographics that provide more context to the data; and
2676 (ii) geolocation services, if possible.
2677 (4) Every two years, the board shall elect a chair and a vice chair from its members.
2678 (5) (a) Each member shall serve a four-year term.
2679 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
2680 appointed for a four-year term.
2681 (6) To accomplish its duties, the board shall meet as it determines necessary.
2682 (7) Reasonable notice shall be given to each member of the board before any meeting.
2683 (8) A majority of the board constitutes a quorum for the transaction of business.
2684 (9) (a) A member who is not a legislator may not receive compensation or benefits for
2685 the member's service, but may receive per diem and travel expenses as allowed in:
2686 (i) Section 63A-3-106;
2687 (ii) Section 63A-3-107; and
2688 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
2689 63A-3-107.
2690 (b) Compensation and expenses of a member who is a legislator are governed by
2691 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
2692 (10) (a) As used in Subsections (10) and (11):
2693 (i) "Information website" means a single Internet website containing public information
2694 or links to public information.
2695 (ii) "Public information" means records of state government, local government, or an
2696 independent entity that are classified as public under Title 63G, Chapter 2, Government
2697 Records Access and Management Act, or, subject to any specific limitations and requirements
2698 regarding the provision of financial information from the entity described in Section
2699 63A-1-202, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
2700 Management Act, records that would normally be classified as public if the entity were not
2701 exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
2702 (b) The board shall:
2703 (i) study the establishment of an information website and develop recommendations for
2704 its establishment;
2705 (ii) develop recommendations about how to make public information more readily
2706 available to the public through the information website;
2707 (iii) develop standards to make uniform the format and accessibility of public
2708 information posted to the information website; and
2709 (iv) identify and prioritize public information in the possession of a state agency or
2710 political subdivision that may be appropriate for publication on the information website.
2711 (c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
2712 principles that encourage:
2713 (i) (A) the establishment of a standardized format of public information that makes the
2714 information more easily accessible by the public;
2715 (B) the removal of restrictions on the reuse of public information;
2716 (C) minimizing limitations on the disclosure of public information while appropriately
2717 safeguarding sensitive information; and
2718 (D) balancing factors in favor of excluding public information from an information
2719 website against the public interest in having the information accessible on an information
2720 website;
2721 (ii) (A) permanent, lasting, open access to public information; and
2722 (B) the publication of bulk public information;
2723 (iii) the implementation of well-designed public information systems that ensure data
2724 quality, create a public, comprehensive list or index of public information, and define a process
2725 for continuous publication of and updates to public information;
2726 (iv) the identification of public information not currently made available online and the
2727 implementation of a process, including a timeline and benchmarks, for making that public
2728 information available online; and
2729 (v) accountability on the part of those who create, maintain, manage, or store public
2730 information or post it to an information website.
2731 (d) The department shall implement the board's recommendations, including the
2732 establishment of an information website, to the extent that implementation:
2733 (i) is approved by the Legislative Management Committee;
2734 (ii) does not require further legislative appropriation; and
2735 (iii) is within the department's existing statutory authority.
2736 (11) The department shall, in consultation with the board and as funding allows,
2737 modify the information website described in Subsection (10) to:
2738 (a) by January 1, 2015, serve as a point of access for Government Records Access and
2739 Management requests for executive agencies;
2740 (b) by January 1, 2016, serve as a point of access for Government Records Access and
2741 Management requests for:
2742 (i) school districts;
2743 (ii) charter schools;
2744 (iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
2745 District Act;
2746 (iv) counties; and
2747 (v) municipalities;
2748 (c) by January 1, 2017, serve as a point of access for Government Records Access and
2749 Management requests for:
2750 (i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
2751 Districts; and
2752 (ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
2753 (d) except as provided in Subsection (12)(a), provide link capabilities to other existing
2754 repositories of public information, including maps, photograph collections, legislatively
2755 required reports, election data, statute, rules, regulations, and local ordinances that exist on
2756 other agency and political subdivision websites;
2757 (e) provide multiple download options in different formats, including nonproprietary,
2758 open formats where possible;
2759 (f) provide any other public information that the board, under Subsection (10),
2760 identifies as appropriate for publication on the information website; and
2761 (g) incorporate technical elements the board identifies as useful to a citizen using the
2762 information website.
2763 (12) (a) The department, in consultation with the board, shall establish by rule any
2764 restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
2765 the website described in Subsection (10) if the inclusion would pose a potential security
2766 concern.
2767 (b) The website described in Subsection (10) may not publish any record that is
2768 classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
2769 Access and Management Act.
2770 Section 45. Section 63A-2-101 is amended to read:
2771 63A-2-101. Creation.
2772 There is created the Division of Purchasing and General Services within the
2773 [
2774 Section 46. Section 63A-4-101 is amended to read:
2775 63A-4-101. Risk manager -- Appointment -- Duties.
2776 (1) (a) There is created within the department the Division of Risk Management.
2777 (b) The executive director shall appoint a risk manager as the division director, who
2778 shall be qualified by education and experience in the management of general property and
2779 casualty insurance.
2780 (2) The risk manager shall:
2781 (a) acquire and administer the following purchased by the state:
2782 (i) all property, casualty insurance; and
2783 (ii) subject to Section 34A-2-203, workers' compensation insurance;
2784 (b) recommend that the executive director make rules:
2785 (i) prescribing reasonable and objective underwriting and risk control standards for
2786 state agencies;
2787 (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
2788 which these risks will be covered;
2789 (iii) prescribing the properties, risks, deductibles, and amount limits eligible for
2790 payment out of the fund;
2791 (iv) prescribing procedures for making claims and proof of loss; and
2792 (v) establishing procedures for the resolution of disputes relating to coverage or claims,
2793 which may include binding arbitration;
2794 (c) implement a risk management and loss prevention program for state agencies for
2795 the purpose of reducing risks, accidents, and losses to assist state officers and employees in
2796 fulfilling their responsibilities for risk control and safety;
2797 (d) coordinate and cooperate with any state agency having responsibility to manage and
2798 protect state properties, including:
2799 (i) the state fire marshal;
2800 (ii) the director of the Division of Facilities Construction and Management;
2801 (iii) the Department of Public Safety; and
2802 (iv) institutions of higher education;
2803 (e) maintain records necessary to fulfill the requirements of this section;
2804 (f) manage the fund in accordance with economically and actuarially sound principles
2805 to produce adequate reserves for the payment of contingencies, including unpaid and
2806 unreported claims, and may purchase any insurance or reinsurance considered necessary to
2807 accomplish this objective; and
2808 (g) inform the agency's governing body and the governor when any agency fails or
2809 refuses to comply with reasonable risk control recommendations made by the risk manager.
2810 (3) Before the effective date of any rule, the risk manager shall provide a copy of the
2811 rule to each agency affected by it.
2812 Section 47. Section 63A-5b-202 is amended to read:
2813 63A-5b-202. State Building Board powers and duties.
2814 (1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
2815 Rulemaking Act, make rules that are necessary to discharge the board's duties.
2816 (2) The board shall:
2817 (a) review and approve agency master plans of structures built or contemplated;
2818 (b) submit capital development recommendations and priorities to the Legislature as
2819 [
2820 (c) submit recommendations for dedicated projects and prioritize nondedicated projects
2821 as provided in Section 63A-5b-403;
2822 (d) make a finding that the requirements of Section 53B-2a-112 are met before the
2823 board may consider a funding request from the UTech board pertaining to new capital facilities
2824 and land purchases; and
2825 (e) fulfill the board's responsibilities under:
2826 (i) Section 63A-5b-802, relating to the approval of leases with terms of more than 10
2827 years;
2828 (ii) Section 63A-5b-907, relating to vacant division-owned property; and
2829 (iii) Section 63A-5b-1003, relating to the approval of loans from the state facility
2830 energy efficiency fund.
2831 (3) The board may:
2832 (a) authorize capital development projects without Legislative approval only as
2833 authorized in Section 63A-5b-404; and
2834 (b) make rules relating to the categorical delegation of projects as provided in
2835 Subsection 63A-5b-604(4).
2836 Section 48. Section 63A-9-101 is amended to read:
2837 63A-9-101. Definitions.
2838 As used in this part:
2839 (1) (a) "Agency" means each department, commission, board, council, agency,
2840 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
2841 unit, bureau, panel, or other administrative unit of the state.
2842 (b) "Agency" includes the State Board of Education and each higher education
2843 institution described in Section 53B-1-102.
2844 (c) "Agency" includes the legislative and judicial branches.
2845 (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
2846 (3) "Director" means the director of the division.
2847 (4) "Division" means the Division of Fleet Operations created by this chapter.
2848 (5) "Executive director" means the executive director of the Department of
2849 [
2850 (6) "Local agency" means:
2851 (a) a county;
2852 (b) a municipality;
2853 (c) a school district;
2854 (d) a local district;
2855 (e) a special service district;
2856 (f) an interlocal entity as defined under Section 11-13-103; or
2857 (g) any other political subdivision of the state, including a local commission, board, or
2858 other governmental entity that is vested with the authority to make decisions regarding the
2859 public's business.
2860 (7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
2861 (b) "Motor vehicle" includes vehicles used for construction and other nontransportation
2862 purposes.
2863 (8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
2864 an agency.
2865 Section 49. Section 63A-9-201 is amended to read:
2866 63A-9-201. Creation.
2867 (1) There is created the Division of Fleet Operations within the [
2868
2869 (2) The division of fleet operations is an internal service fund agency and its financial
2870 affairs shall be accounted for as an internal service fund.
2871 Section 50. Section 63A-9-301 is amended to read:
2872 63A-9-301. Motor Vehicle Review Committee -- Composition.
2873 (1) There is created a Motor Vehicle Review Committee to advise the division.
2874 (2) The committee shall be composed of nine members as follows:
2875 (a) the executive director of the [
2876 the director's designee;
2877 (b) a member from a state agency other than higher education, the Department of
2878 Transportation, the Department of Public Safety, or the Department of Natural Resources, who
2879 uses the division's services;
2880 (c) the director of the Division of Purchasing and General Services or the director's
2881 designee;
2882 (d) one member from:
2883 (i) higher education, designated annually by the executive director of the Department
2884 of [
2885 (ii) the Department of Transportation, designated annually by the executive director of
2886 the Department of [
2887 (iii) the Department of Public Safety, designated annually by the executive director of
2888 the Department of [
2889 (iv) the Department of Natural Resources, designated annually by the executive
2890 director of the Department of [
2891 (e) two public members with experience in fleet operations and maintenance appointed
2892 by the governor.
2893 (3) (a) Except as required by Subsection (3)(b), the governor shall appoint each public
2894 member to a four-year term.
2895 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2896 time of appointment, adjust the length of terms to ensure that the terms of public members are
2897 staggered so that one of the public members is appointed every two years.
2898 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2899 appointed for the unexpired term.
2900 (4) A member may not receive compensation or benefits for the member's service, but
2901 may receive per diem and travel expenses in accordance with:
2902 (a) Section 63A-3-106;
2903 (b) Section 63A-3-107; and
2904 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2905 63A-3-107.
2906 (5) Five members of the committee are a quorum.
2907 (6) The executive director of the Department of [
2908 Operations is chair of the committee.
2909 Section 51. Section 63A-9-401 is amended to read:
2910 63A-9-401. Division -- Duties.
2911 (1) The division shall:
2912 (a) perform all administrative duties and functions related to management of state
2913 vehicles;
2914 (b) coordinate all purchases of state vehicles;
2915 (c) establish one or more fleet automation and information systems for state vehicles;
2916 (d) make rules establishing requirements for:
2917 (i) maintenance operations for state vehicles;
2918 (ii) use requirements for state vehicles;
2919 (iii) fleet safety and loss prevention programs;
2920 (iv) preventative maintenance programs;
2921 (v) procurement of state vehicles, including:
2922 (A) vehicle standards;
2923 (B) alternative fuel vehicle requirements;
2924 (C) short-term lease programs;
2925 (D) equipment installation; and
2926 (E) warranty recovery programs;
2927 (vi) fuel management programs;
2928 (vii) cost management programs;
2929 (viii) business and personal use practices, including commute standards;
2930 (ix) cost recovery and billing procedures;
2931 (x) disposal of state vehicles;
2932 (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
2933 (xii) standard use and rate structures for state vehicles; and
2934 (xiii) insurance and risk management requirements;
2935 (e) establish a parts inventory;
2936 (f) create and administer a fuel dispensing services program that meets the
2937 requirements of Subsection (2);
2938 (g) emphasize customer service when dealing with agencies and agency employees;
2939 (h) conduct an annual audit of all state vehicles for compliance with division
2940 requirements;
2941 (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
2942 subscriber of services other than an executive branch agency:
2943 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
2944 in Section 63A-1-114; and
2945 (ii) obtain the approval of the Legislature as required by Section 63J-1-410; and
2946 (j) conduct an annual market analysis of proposed rates and fees, which analysis shall
2947 include a comparison of the division's rates and fees with the fees of other public or private
2948 sector providers where comparable services and rates are reasonably available.
2949 (2) The division shall operate a fuel dispensing services program in a manner that:
2950 (a) reduces the risk of environmental damage and subsequent liability for leaks
2951 involving state-owned underground storage tanks;
2952 (b) eliminates fuel site duplication and reduces overall costs associated with fuel
2953 dispensing;
2954 (c) provides efficient fuel management and efficient and accurate accounting of
2955 fuel-related expenses;
2956 (d) where practicable, privatizes portions of the state's fuel dispensing system;
2957 (e) provides central planning for fuel contingencies;
2958 (f) establishes fuel dispensing sites that meet geographical distribution needs and that
2959 reflect usage patterns;
2960 (g) where practicable, uses alternative sources of energy; and
2961 (h) provides safe, accessible fuel supplies in an emergency.
2962 (3) The division shall:
2963 (a) ensure that the state and each of its agencies comply with state and federal law and
2964 state and federal rules and regulations governing underground storage tanks;
2965 (b) coordinate the installation of new state-owned underground storage tanks and the
2966 upgrading or retrofitting of existing underground storage tanks;
2967 (c) by no later than June 30, 2025, ensure that an underground storage tank qualifies for
2968 a rebate, provided under Subsection 19-6-410.5(5)(d), of a portion of the environmental
2969 assurance fee described in Subsection 19-6-410.5(4), if the underground storage tank is owned
2970 by:
2971 (i) the state;
2972 (ii) a state agency; or
2973 (iii) a county, municipality, school district, local district, special service district, or
2974 federal agency that has subscribed to the fuel dispensing service provided by the division under
2975 Subsection (6)(b);
2976 (d) report to the Natural Resources, Agriculture, and Environmental Quality
2977 Appropriations Subcommittee by no later than:
2978 (i) November 30, 2020, on the status of the requirements of Subsection (3)(c); and
2979 (ii) November 30, 2024, on whether:
2980 (A) the requirements of Subsection (3)(c) have been met; and
2981 (B) additional funding is needed to accomplish the requirements of Subsection (3)(c);
2982 and
2983 (e) ensure that counties, municipalities, school districts, local districts, and special
2984 service districts subscribing to services provided by the division sign a contract that:
2985 (i) establishes the duties and responsibilities of the parties;
2986 (ii) establishes the cost for the services; and
2987 (iii) defines the liability of the parties.
2988 (4) In fulfilling the requirements of Subsection (3)(c), the division may give priority to
2989 underground storage tanks owned by the state or a state agency under Subsections (3)(c)(i) and
2990 (ii).
2991 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2992 the director of the Division of Fleet Operations:
2993 (i) may make rules governing fuel dispensing; and
2994 (ii) shall make rules establishing standards and procedures for purchasing the most
2995 economically appropriate size and type of vehicle for the purposes and driving conditions for
2996 which the vehicle will be used, including procedures for granting exceptions to the standards
2997 by the executive director of the Department of [
2998 Operations.
2999 (b) Rules made under Subsection (5)(a)(ii):
3000 (i) shall designate a standard vehicle size and type that shall be designated as the
3001 statewide standard vehicle for fleet expansion and vehicle replacement;
3002 (ii) may designate different standard vehicle size and types based on defined categories
3003 of vehicle use;
3004 (iii) may, when determining a standard vehicle size and type for a specific category of
3005 vehicle use, consider the following factors affecting the vehicle class:
3006 (A) size requirements;
3007 (B) economic savings;
3008 (C) fuel efficiency;
3009 (D) driving and use requirements;
3010 (E) safety;
3011 (F) maintenance requirements;
3012 (G) resale value; and
3013 (H) the requirements of Section 63A-9-403; and
3014 (iv) shall require agencies that request a vehicle size and type that is different from the
3015 standard vehicle size and type to:
3016 (A) submit a written request for a nonstandard vehicle to the division that contains the
3017 following:
3018 (I) the make and model of the vehicle requested, including acceptable alternate vehicle
3019 makes and models as applicable;
3020 (II) the reasons justifying the need for a nonstandard vehicle size or type;
3021 (III) the date of the request; and
3022 (IV) the name and signature of the person making the request; and
3023 (B) obtain the division's written approval for the nonstandard vehicle.
3024 (6) (a) (i) Each state agency and each higher education institution shall subscribe to the
3025 fuel dispensing services provided by the division.
3026 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
3027 systems, or products other than those provided by the division.
3028 (b) Counties, municipalities, school districts, local districts, special service districts,
3029 and federal agencies may subscribe to the fuel dispensing services provided by the division if:
3030 (i) the county or municipal legislative body, the school district, or the local district or
3031 special service district board recommends that the county, municipality, school district, local
3032 district, or special service district subscribe to the fuel dispensing services of the division; and
3033 (ii) the division approves participation in the program by that government unit.
3034 (7) The director, with the approval of the executive director, may delegate functions to
3035 institutions of higher education, by contract or other means authorized by law, if:
3036 (a) the agency or institution of higher education has requested the authority;
3037 (b) in the judgment of the director, the state agency or institution has the necessary
3038 resources and skills to perform the delegated responsibilities; and
3039 (c) the delegation of authority is in the best interest of the state and the function
3040 delegated is accomplished according to provisions contained in law or rule.
3041 Section 52. Section 63A-9-501 is amended to read:
3042 63A-9-501. Complaints about misuse or illegal operation of state vehicles --
3043 Disposition.
3044 (1) The division shall refer complaints from the public about misuse or illegal
3045 operation of state vehicles to the agency that is the owner or lessor of the vehicle.
3046 (2) Each agency head or his designee shall investigate all complaints about misuse or
3047 illegal operation of state vehicles and shall discipline each employee that is found to have
3048 misused or illegally operated a vehicle by following the procedures set forth in the rules
3049 adopted by the [
3050 Section [
3051 (3) (a) Each agency shall report the findings of each investigation conducted as well as
3052 any action taken as a result of the investigation to the directors of the Divisions of Fleet
3053 Operations and Risk Management.
3054 (b) Misuse or illegal operation of state vehicles may result in suspension or revocation
3055 of state vehicle driving privileges as governed in rule.
3056 Section 53. Section 63A-12-101 is amended to read:
3057 63A-12-101. Division of Archives and Records Service created -- Duties.
3058 (1) There is created the Division of Archives and Records Service within the
3059 [
3060 (2) The state archives shall:
3061 (a) administer the state's archives and records management programs, including storage
3062 of records, central microphotography programs, and quality control;
3063 (b) apply fair, efficient, and economical management methods to the collection,
3064 creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
3065 documents;
3066 (c) establish standards, procedures, and techniques for the effective management and
3067 physical care of records;
3068 (d) conduct surveys of office operations and recommend improvements in current
3069 records management practices, including the use of space, equipment, automation, and supplies
3070 used in creating, maintaining, storing, and servicing records;
3071 (e) establish standards for the preparation of schedules providing for the retention of
3072 records of continuing value and for the prompt and orderly disposal of state records no longer
3073 possessing sufficient administrative, historical, legal, or fiscal value to warrant further
3074 retention;
3075 (f) establish, maintain, and operate centralized microphotography lab facilities and
3076 quality control for the state;
3077 (g) provide staff and support services to the Records Management Committee created
3078 in Section 63A-12-112 and the State Records Committee created in Section 63G-2-501;
3079 (h) develop training programs to assist records officers and other interested officers and
3080 employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
3081 Government Records Access and Management Act;
3082 (i) provide access to public records deposited in the archives;
3083 (j) administer and maintain the Utah Public Notice Website established under Section
3084 [
3085 (k) provide assistance to any governmental entity in administering this chapter and
3086 Title 63G, Chapter 2, Government Records Access and Management Act;
3087 (l) prepare forms for use by all governmental entities for a person requesting access to
3088 a record; and
3089 (m) if the department operates the Division of Archives and Records Service as an
3090 internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
3091 Committee established in Section 63A-1-114:
3092 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
3093 (ii) other information or analysis requested by the Rate Committee.
3094 (3) The state archives may:
3095 (a) establish a report and directives management program; and
3096 (b) establish a forms management program.
3097 (4) The executive director [
3098 the state archives to administer other functions or services consistent with this chapter and Title
3099 63G, Chapter 2, Government Records Access and Management Act.
3100 Section 54. Section 63A-12-102 is amended to read:
3101 63A-12-102. State archivist -- Duties.
3102 (1) With the approval of the governor, the executive director [
3103
3104 archives. The state archivist shall be qualified by archival training, education, and experience.
3105 (2) The state archivist is charged with custody of the following:
3106 (a) the enrolled copy of the Utah constitution;
3107 (b) the acts and resolutions passed by the Legislature;
3108 (c) all records kept or deposited with the state archivist as provided by law;
3109 (d) the journals of the Legislature and all bills, resolutions, memorials, petitions, and
3110 claims introduced in the Senate or the House of Representatives;
3111 (e) Indian war records; and
3112 (f) oaths of office of all state officials.
3113 (3) (a) The state archivist is the official custodian of all noncurrent records of
3114 permanent or historic value that are not required by law to remain in the custody of the
3115 originating governmental entity.
3116 (b) Upon the termination of any governmental entity, its records shall be transferred to
3117 the state archives.
3118 Section 55. Section 63A-12-103 is amended to read:
3119 63A-12-103. Duties of governmental entities.
3120 The chief administrative officer of each governmental entity shall:
3121 (1) establish and maintain an active, continuing program for the economical and
3122 efficient management of the governmental entity's records as provided by this chapter and Title
3123 63G, Chapter 2, Government Records Access and Management Act;
3124 (2) appoint one or more records officers who will be trained to work with the state
3125 archives in the care, maintenance, scheduling, disposal, classification, designation, access, and
3126 preservation of records;
3127 (3) ensure that officers and employees of the governmental entity that receive or
3128 process records requests receive required training on the procedures and requirements of this
3129 chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
3130 (4) make and maintain adequate and proper documentation of the organization,
3131 functions, policies, decisions, procedures, and essential transactions of the governmental entity
3132 designed to furnish information to protect the legal and financial rights of persons directly
3133 affected by the entity's activities;
3134 (5) submit to the state archivist proposed schedules of records for final approval by the
3135 Records Management Committee created in Section 63A-12-112;
3136 (6) cooperate with the state archivist in conducting surveys made by the state archivist;
3137 (7) comply with rules issued by the Department of [
3138 Government Operations as provided by Section 63A-12-104;
3139 (8) report to the state archives the designation of record series that it maintains;
3140 (9) report to the state archives the classification of each record series that is classified;
3141 and
3142 (10) establish and report to the state archives retention schedules for objects that the
3143 governmental entity determines are not defined as a record under Section 63G-2-103, but that
3144 have historical or evidentiary value.
3145 Section 56. Section 63A-12-104 is amended to read:
3146 63A-12-104. Rulemaking authority.
3147 (1) The executive director of the [
3148 with the recommendation of the state archivist, may make rules as provided by Title 63G,
3149 Chapter 3, Utah Administrative Rulemaking Act, to implement provisions of this chapter and
3150 Title 63G, Chapter 2, Government Records Access and Management Act, dealing with
3151 procedures for the collection, storage, designation, classification, access, mediation for records
3152 access, and management of records.
3153 (2) A governmental entity that includes divisions, boards, departments, committees,
3154 commissions, or other subparts that fall within the definition of a governmental entity under
3155 this chapter, may, by rule, specify at which level the requirements specified in this chapter shall
3156 be undertaken.
3157 Section 57. Section 63A-13-201 is amended to read:
3158 63A-13-201. Creation of office -- Inspector general -- Appointment -- Term.
3159 (1) There is created an independent entity within the [
3160
3161 (2) The governor shall:
3162 (a) appoint the inspector general of Medicaid services with the advice and consent of
3163 the Senate; and
3164 (b) establish the salary for the inspector general of Medicaid services based upon a
3165 recommendation from the [
3166 be based on a market salary survey conducted by the [
3167 Resource Management.
3168 (3) A person appointed as the inspector general shall have the following qualifications:
3169 (a) a general knowledge of the type of methodology and controls necessary to audit,
3170 investigate, and identify fraud, waste, and abuse;
3171 (b) strong management skills;
3172 (c) extensive knowledge of performance audit methodology;
3173 (d) the ability to oversee and execute an audit; and
3174 (e) strong interpersonal skills.
3175 (4) The inspector general of Medicaid services:
3176 (a) shall serve a term of four years; and
3177 (b) may be removed by the governor, for cause.
3178 (5) If the inspector general is removed for cause, a new inspector general shall be
3179 appointed, with the advice and consent of the Senate, to serve the remainder of the term of the
3180 inspector general of Medicaid services who was removed for cause.
3181 (6) The Office of Inspector General of Medicaid Services:
3182 (a) is not under the supervision of, and does not take direction from, the executive
3183 director, except for administrative purposes;
3184 (b) shall use the legal services of the state attorney general's office;
3185 (c) shall submit a budget for the office directly to the [
3186
3187 (d) except as prohibited by federal law, is subject to:
3188 (i) Title 51, Chapter 5, Funds Consolidation Act;
3189 (ii) Title 51, Chapter 7, State Money Management Act;
3190 (iii) Title 63A, Utah [
3191 (iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3192 (v) Title 63G, Chapter 4, Administrative Procedures Act;
3193 (vi) Title 63G, Chapter 6a, Utah Procurement Code;
3194 (vii) Title 63J, Chapter 1, Budgetary Procedures Act;
3195 (viii) Title 63J, Chapter 2, Revenue Procedures and Control Act;
3196 (ix) [
3197 (x) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
3198 (xi) Title 52, Chapter 4, Open and Public Meetings Act;
3199 (xii) Title 63G, Chapter 2, Government Records Access and Management Act; and
3200 (xiii) coverage under the Risk Management Fund created under Section 63A-4-201;
3201 (e) when requested, shall provide reports to the governor, the president of the Senate,
3202 or the speaker of the House; and
3203 (f) shall adopt administrative rules to establish policies for employees that are
3204 substantially similar to the administrative rules adopted by the Department of Human Resource
3205 Management.
3206 Section 58. Section 63A-16-101, which is renumbered from Section 63F-1-101 is
3207 renumbered and amended to read:
3208
3209
3210 [
3211 [
3212 [
3213 Section 59. Section 63A-16-102, which is renumbered from Section 63F-1-102 is
3214 renumbered and amended to read:
3215 [
3216 As used in this [
3217 (1) "Chief information officer" means the chief information officer appointed under
3218 Section [
3219 (2) "Data center" means a centralized repository for the storage, management, and
3220 dissemination of data.
3221 (3) [
3222 Technology Services.
3223 (4) "Enterprise architecture" means:
3224 (a) information technology that can be applied across state government; and
3225 (b) support for information technology that can be applied across state government,
3226 including:
3227 (i) technical support;
3228 (ii) master software licenses; and
3229 (iii) hardware and software standards.
3230 (5) (a) "Executive branch agency" means an agency or administrative subunit of state
3231 government.
3232 (b) "Executive branch agency" does not include:
3233 (i) the legislative branch;
3234 (ii) the judicial branch;
3235 (iii) the State Board of Education;
3236 (iv) the Utah Board of Higher Education;
3237 (v) institutions of higher education;
3238 (vi) independent entities as defined in Section 63E-1-102; [
3239 (vii) the following elective constitutional offices of the executive department [
3240
3241 (A) the state auditor;
3242 (B) the state treasurer; and
3243 (C) the attorney general.
3244 (6) "Executive branch strategic plan" means the executive branch strategic plan created
3245 under Section [
3246 (7) "Individual with a disability" means an individual with a condition that meets the
3247 definition of "disability" in 42 U.S.C. Sec. 12102.
3248 (8) "Information technology" means all computerized and auxiliary automated
3249 information handling, including:
3250 (a) systems design and analysis;
3251 (b) acquisition, storage, and conversion of data;
3252 (c) computer programming;
3253 (d) information storage and retrieval;
3254 (e) voice, video, and data communications;
3255 (f) requisite systems controls;
3256 (g) simulation; and
3257 (h) all related interactions between people and machines.
3258 (9) "State information architecture" means a logically consistent set of principles,
3259 policies, and standards that guide the engineering of state government's information technology
3260 and infrastructure in a way that ensures alignment with state government's business and service
3261 needs.
3262 Section 60. Section 63A-16-103, which is renumbered from Section 63F-1-103 is
3263 renumbered and amended to read:
3264 [
3265 (1) There is created within [
3266 Division of Technology Services [
3267
3268 (2) The [
3269 agency as provided in Section 63J-1-410.
3270 Section 61. Section 63A-16-104, which is renumbered from Section 63F-1-104 is
3271 renumbered and amended to read:
3272 [
3273 The [
3274 (1) lead state executive branch agency efforts to establish and reengineer the state's
3275 information technology architecture with the goal of coordinating central and individual agency
3276 information technology in a manner that:
3277 (a) ensures compliance with the executive branch agency strategic plan; and
3278 (b) ensures that cost-effective, efficient information and communication systems and
3279 resources are being used by agencies to:
3280 (i) reduce data, hardware, and software redundancy;
3281 (ii) improve system interoperability and data accessibility between agencies; and
3282 (iii) meet the agency's and user's business and service needs;
3283 (2) coordinate an executive branch strategic plan for all agencies;
3284 (3) develop and implement processes to replicate information technology best practices
3285 and standards throughout the executive branch;
3286 (4) at least once every odd-numbered year:
3287 (a) evaluate the adequacy of the [
3288 agencies' data and information technology system security standards through an independent
3289 third party assessment; and
3290 (b) communicate the results of the independent third party assessment to the
3291 appropriate executive branch agencies and to the president of the Senate and the speaker of the
3292 House of Representatives;
3293 (5) oversee the expanded use and implementation of project and contract management
3294 principles as they relate to information technology projects within the executive branch;
3295 (6) serve as general contractor between the state's information technology users and
3296 private sector providers of information technology products and services;
3297 (7) work toward building stronger partnering relationships with providers;
3298 (8) develop service level agreements with executive branch departments and agencies
3299 to ensure quality products and services are delivered on schedule and within budget;
3300 (9) develop standards for application development including a standard methodology
3301 and cost-benefit analysis that all agencies shall utilize for application development activities;
3302 (10) determine and implement statewide efforts to standardize data elements;
3303 (11) coordinate with executive branch agencies to provide basic website standards for
3304 agencies that address common design standards and navigation standards, including:
3305 (a) accessibility for individuals with disabilities in accordance with:
3306 (i) the standards of 29 U.S.C. Sec. 794d; and
3307 (ii) Section [
3308 (b) consistency with standardized government security standards;
3309 (c) designing around user needs with data-driven analysis influencing management and
3310 development decisions, using qualitative and quantitative data to determine user goals, needs,
3311 and behaviors, and continual testing of the website, web-based form, web-based application, or
3312 digital service to ensure that user needs are addressed;
3313 (d) providing users of the website, web-based form, web-based application, or digital
3314 service with the option for a more customized digital experience that allows users to complete
3315 digital transactions in an efficient and accurate manner; and
3316 (e) full functionality and usability on common mobile devices;
3317 (12) consider, when making a purchase for an information system, cloud computing
3318 options, including any security benefits, privacy, data retention risks, and cost savings
3319 associated with cloud computing options;
3320 (13) develop systems and methodologies to review, evaluate, and prioritize existing
3321 information technology projects within the executive branch and report to the governor and the
3322 Public Utilities, Energy, and Technology Interim Committee in accordance with [
3323 Section 63A-16-201 on a semiannual basis regarding the status of information technology
3324 projects;
3325 (14) assist the Governor's Office of Management and Budget with the development of
3326 information technology budgets for agencies; and
3327 (15) ensure that any training or certification required of a public official or public
3328 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
3329 22, State Training and Certification Requirements, if the training or certification is required:
3330 (a) under this [
3331 (b) by the department; or
3332 (c) by [
3333 Section 62. Section 63A-16-105, which is renumbered from Section 63F-1-106 is
3334 renumbered and amended to read:
3335 [
3336 [
3337 (1) The executive director shall appoint the director.
3338 (2) The director:
3339 (a) shall exercise all powers given to, and perform all duties imposed on, the division;
3340 [
3341
3342 [
3343 service functions [
3344 [
3345 (2) The [
3346 establish offices and bureaus to perform division functions [
3347
3348 (3) (a) The [
3349 division and offices of the division as permitted by [
3350 (b) Except as provided in Subsection (4), each employee of the [
3351 exempt from career service or classified service status as provided in Section [
3352 63A-17-301.
3353 (4) (a) An employee of an executive branch agency who was a career service employee
3354 as of July 1, 2005, who [
3355 the Department of Technology Services continues in the employee's career service status
3356 during the employee's service to the [
3357 of the position in the [
3358 employee's previous position.
3359 (b) A career service employee transferred [
3360 of Subsection (4)(a), whose duties or responsibilities subsequently change, may not be
3361 converted to exempt status without the review process required by Subsection [
3362 63A-17-301(3).
3363 Section 63. Section 63A-16-106, which is renumbered from Section 63F-1-107 is
3364 renumbered and amended to read:
3365 [
3366 (1) The [
3367 offices:
3368 (a) the [
3369 (b) the [
3370 (c) the [
3371 (2) Each [
3372 an office manager.
3373 Section 64. Section 63A-16-201, which is renumbered from Section 63F-1-201 is
3374 renumbered and amended to read:
3375
3376 [
3377 Powers -- Reporting.
3378 (1) The director of the [
3379 officer.
3380 (2) The chief information officer shall:
3381 (a) advise the governor on information technology policy; and
3382 (b) perform those duties given the chief information officer by statute.
3383 (3) (a) The chief information officer shall report annually to:
3384 (i) the governor; and
3385 (ii) the Public Utilities, Energy, and Technology Interim Committee.
3386 (b) The report required under Subsection (3)(a) shall:
3387 (i) summarize the state's current and projected use of information technology;
3388 (ii) summarize the executive branch strategic plan including a description of major
3389 changes in the executive branch strategic plan;
3390 (iii) provide a brief description of each state agency's information technology plan;
3391 (iv) include the status of information technology projects described in Subsection
3392 [
3393 (v) include the performance report described in Section [
3394 (vi) include the expenditure of the funds provided for electronic technology,
3395 equipment, and hardware.
3396 Section 65. Section 63A-16-202, which is renumbered from Section 63F-1-203 is
3397 renumbered and amended to read:
3398 [
3399 strategic plan.
3400 (1) In accordance with this section, the chief information officer shall prepare an
3401 executive branch information technology strategic plan:
3402 (a) that complies with this chapter; and
3403 (b) that includes:
3404 (i) a strategic plan for the:
3405 (A) interchange of information related to information technology between executive
3406 branch agencies;
3407 (B) coordination between executive branch agencies in the development and
3408 maintenance of information technology and information systems, including the coordination of
3409 agency information technology plans described in Section [
3410 (C) protection of the privacy of individuals who use state information technology or
3411 information systems, including the implementation of industry best practices for data and
3412 system security;
3413 (ii) priorities for the development and implementation of information technology or
3414 information systems including priorities determined on the basis of:
3415 (A) the importance of the information technology or information system; and
3416 (B) the time sequencing of the information technology or information system; and
3417 (iii) maximizing the use of existing state information technology resources.
3418 (2) In the development of the executive branch strategic plan, the chief information
3419 officer shall consult with all cabinet level officials.
3420 (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
3421 with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
3422 which the executive branch strategic plan is submitted to:
3423 (i) the governor; and
3424 (ii) the Public Utilities, Energy, and Technology Interim Committee.
3425 (b) The chief information officer or the governor may withdraw the executive branch
3426 strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
3427 determines that the executive branch strategic plan:
3428 (i) should be modified; or
3429 (ii) for any other reason should not take effect.
3430 (c) The Public Utilities, Energy, and Technology Interim Committee may make
3431 recommendations to the governor and to the chief information officer if the commission
3432 determines that the executive branch strategic plan should be modified or for any other reason
3433 should not take effect.
3434 (d) Modifications adopted by the chief information officer shall be resubmitted to the
3435 governor and the Public Utilities, Energy, and Technology Interim Committee for their review
3436 or approval as provided in Subsections (3)(a) and (b).
3437 (4) (a) The chief information officer shall annually, on or before January 1, [
3438
3439 incorporate security standards that:
3440 (i) are identified as industry best practices in accordance with Subsections [
3441 63A-16-104(3) and (4); and
3442 (ii) can be implemented within the budget of the department or the executive branch
3443 agencies.
3444 (b) The chief information officer shall inform the speaker of the House of
3445 Representatives and the president of the Senate on or before January 1 of each year if best
3446 practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered
3447 under Subsection (4)(a)(ii).
3448 (5) Each executive branch agency shall implement the executive branch strategic plan
3449 by adopting an agency information technology plan in accordance with Section [
3450 63A-16-203.
3451 Section 66. Section 63A-16-203, which is renumbered from Section 63F-1-204 is
3452 renumbered and amended to read:
3453 [
3454 (1) (a) [
3455 submit an agency information technology plan to the chief information officer at the
3456 department level, unless the governor or the chief information officer request an information
3457 technology plan be submitted by a subunit of a department, or by an executive branch agency
3458 other than a department.
3459 (b) The information technology plans required by this section shall be in the form and
3460 level of detail required by the chief information officer, by administrative rule adopted in
3461 accordance with Section [
3462 (i) the information technology objectives of the agency;
3463 (ii) any performance measures used by the agency for implementing the agency's
3464 information technology objectives;
3465 (iii) any planned expenditures related to information technology;
3466 (iv) the agency's need for appropriations for information technology;
3467 (v) how the agency's development of information technology coordinates with other
3468 state and local governmental entities;
3469 (vi) any efforts the agency has taken to develop public and private partnerships to
3470 accomplish the information technology objectives of the agency;
3471 (vii) the efforts the executive branch agency has taken to conduct transactions
3472 electronically in compliance with Section 46-4-503; and
3473 (viii) the executive branch agency's plan for the timing and method of verifying the
3474 department's security standards, if an agency intends to verify the department's security
3475 standards for the data that the agency maintains or transmits through the department's servers.
3476 (2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
3477 described in Subsection (1) shall comply with the executive branch strategic plan established in
3478 accordance with Section [
3479 (b) If the executive branch agency submitting the agency information technology plan
3480 justifies the need to depart from the executive branch strategic plan, an agency information
3481 technology plan may depart from the executive branch strategic plan to the extent approved by
3482 the chief information officer.
3483 (3) The chief information officer shall review each agency plan to determine:
3484 (a) (i) whether the agency plan complies with the executive branch strategic plan and
3485 state information architecture; or
3486 (ii) to the extent that the agency plan does not comply with the executive branch
3487 strategic plan or state information architecture, whether the executive branch entity is justified
3488 in departing from the executive branch strategic plan, or state information architecture; and
3489 (b) whether the agency plan meets the information technology and other needs of:
3490 (i) the executive branch agency submitting the plan; and
3491 (ii) the state.
3492 (4) After the chief information officer conducts the review described in Subsection (3)
3493 of an agency information technology plan, the chief information officer may:
3494 (a) approve the agency information technology plan;
3495 (b) disapprove the agency information technology plan; or
3496 (c) recommend modifications to the agency information technology plan.
3497 (5) An executive branch agency or the department may not submit a request for
3498 appropriation related to information technology or an information technology system to the
3499 governor in accordance with Section 63J-1-201 until after the executive branch agency's
3500 information technology plan is approved by the chief information officer.
3501 Section 67. Section 63A-16-204, which is renumbered from Section 63F-1-205 is
3502 renumbered and amended to read:
3503 [
3504 technology.
3505 (1) (a) In accordance with Subsection (2), the chief information officer shall approve
3506 the acquisition by an executive branch agency of:
3507 (i) information technology equipment;
3508 (ii) telecommunications equipment;
3509 (iii) software;
3510 (iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
3511 (v) data acquisition.
3512 (b) The chief information officer may negotiate the purchase, lease, or rental of private
3513 or public information technology or telecommunication services or facilities in accordance with
3514 this section.
3515 (c) Where practical, efficient, and economically beneficial, the chief information
3516 officer shall use existing private and public information technology or telecommunication
3517 resources.
3518 (d) Notwithstanding another provision of this section, an acquisition authorized by this
3519 section shall comply with rules made by the applicable rulemaking authority under Title 63G,
3520 Chapter 6a, Utah Procurement Code.
3521 (2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
3522 that exceeds the value established by the chief information officer by rule in accordance with
3523 Section [
3524 (a) conduct an analysis of the needs of executive branch agencies and subscribers of
3525 services and the ability of the proposed information technology or telecommunications services
3526 or supplies to meet those needs; and
3527 (b) for purchases, leases, or rentals not covered by an existing statewide contract,
3528 certify in writing to the chief procurement officer in the Division of Purchasing and General
3529 Services that:
3530 (i) the analysis required in Subsection (2)(a) was completed; and
3531 (ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
3532 services, products, or supplies is practical, efficient, and economically beneficial to the state
3533 and the executive branch agency or subscriber of services.
3534 (3) In approving an acquisition described in Subsections (1) and (2), the chief
3535 information officer shall:
3536 (a) establish by administrative rule, in accordance with Section [
3537 63A-16-205, standards under which an agency must obtain approval from the chief information
3538 officer before acquiring the items listed in Subsections (1) and (2);
3539 (b) for those acquisitions requiring approval, determine whether the acquisition is in
3540 compliance with:
3541 (i) the executive branch strategic plan;
3542 (ii) the applicable agency information technology plan;
3543 (iii) the budget for the executive branch agency or department as adopted by the
3544 Legislature;
3545 (iv) Title 63G, Chapter 6a, Utah Procurement Code; and
3546 (v) the information technology accessibility standards described in Section [
3547 63A-16-209; and
3548 (c) in accordance with Section [
3549 acquisitions between two or more executive branch agencies if it is in the best interests of the
3550 state.
3551 (4) Each executive branch agency shall provide the chief information officer with
3552 complete access to all information technology records, documents, and reports:
3553 (a) at the request of the chief information officer; and
3554 (b) related to the executive branch agency's acquisition of any item listed in Subsection
3555 (1).
3556 (5) (a) In accordance with administrative rules established by the department under
3557 Section [
3558 initiate a new technology project unless the technology project is described in a formal project
3559 plan and a business case analysis is approved by the chief information officer and the highest
3560 ranking executive branch agency official.
3561 (b) The project plan and business case analysis required by this Subsection (5) shall
3562 include:
3563 (i) a statement of work to be done and existing work to be modified or displaced;
3564 (ii) total cost of system development and conversion effort, including system analysis
3565 and programming costs, establishment of master files, testing, documentation, special
3566 equipment cost and all other costs, including overhead;
3567 (iii) savings or added operating costs that will result after conversion;
3568 (iv) other advantages or reasons that justify the work;
3569 (v) source of funding of the work, including ongoing costs;
3570 (vi) consistency with budget submissions and planning components of budgets; and
3571 (vii) whether the work is within the scope of projects or initiatives envisioned when the
3572 current fiscal year budget was approved.
3573 (c) The chief information officer shall determine the required form of the project plan
3574 and business case analysis described in this Subsection (5).
3575 (6) The chief information officer and the Division of Purchasing and General Services
3576 within the [
3577 establish procedures under which the chief information officer shall monitor and approve
3578 acquisitions as provided in this section.
3579 Section 68. Section 63A-16-205, which is renumbered from Section 63F-1-206 is
3580 renumbered and amended to read:
3581 [
3582 (1) (a) Except as provided in Subsection (2), the chief information officer shall, by rule
3583 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
3584 (i) provide standards that impose requirements on executive branch agencies that:
3585 (A) are related to the security of the statewide area network; and
3586 (B) establish standards for when an agency must obtain approval before obtaining
3587 items listed in Subsection [
3588 (ii) specify the detail and format required in an agency information technology plan
3589 submitted in accordance with Section [
3590 (iii) provide for standards related to the privacy policies of websites operated by or on
3591 behalf of an executive branch agency;
3592 (iv) provide for the acquisition, licensing, and sale of computer software;
3593 (v) specify the requirements for the project plan and business case analysis required by
3594 Section [
3595 (vi) provide for project oversight of agency technology projects when required by
3596 Section [
3597 (vii) establish, in accordance with Subsection [
3598 implementation of the needs assessment for information technology purchases;
3599 (viii) establish telecommunications standards and specifications in accordance with
3600 Section [
3601 (ix) establish standards for accessibility of information technology by individuals with
3602 disabilities in accordance with Section [
3603 (b) The rulemaking authority granted by this Subsection (1) is in addition to any other
3604 rulemaking authority granted [
3605 (2) (a) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3606 and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
3607 procedures to be followed by the chief information officer in facilitating the implementation of
3608 this title by executive branch agencies if the policy:
3609 (i) is consistent with the executive branch strategic plan; and
3610 (ii) is not required to be made by rule under Subsection (1) or Section 63G-3-201.
3611 (b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
3612 not take effect until 30 days after the day on which the chief information officer submits the
3613 policy to:
3614 (A) the governor; and
3615 (B) all cabinet level officials.
3616 (ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
3617 may review and comment on a policy submitted under Subsection (2)(b)(i).
3618 (3) (a) Notwithstanding Subsection (1) or (2) or Title 63G, Chapter 3, Utah
3619 Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
3620 chief information officer may adopt a security procedure to be followed by executive branch
3621 agencies to protect the statewide area network if:
3622 (i) broad communication of the security procedure would create a significant potential
3623 for increasing the vulnerability of the statewide area network to breach or attack; and
3624 (ii) after consultation with the chief information officer, the governor agrees that broad
3625 communication of the security procedure would create a significant potential increase in the
3626 vulnerability of the statewide area network to breach or attack.
3627 (b) A security procedure described in Subsection (3)(a) is classified as a protected
3628 record under Title 63G, Chapter 2, Government Records Access and Management Act.
3629 (c) The chief information officer shall provide a copy of the security procedure as a
3630 protected record to:
3631 (i) the chief justice of the Utah Supreme Court for the judicial branch;
3632 (ii) the speaker of the House of Representatives and the president of the Senate for the
3633 legislative branch;
3634 (iii) the chair of the Utah Board of Higher Education; and
3635 (iv) the chair of the State Board of Education.
3636 Section 69. Section 63A-16-206, which is renumbered from Section 63F-1-207 is
3637 renumbered and amended to read:
3638 [
3639 Cooperation with other branches.
3640 (1) In accordance with the executive branch strategic plan and the requirements of this
3641 title, the chief information officer shall coordinate the development of information technology
3642 systems between two or more executive branch agencies subject to:
3643 (a) the budget approved by the Legislature; and
3644 (b) Title 63J, Chapter 1, Budgetary Procedures Act.
3645 (2) In addition to the coordination described in Subsection (1), the chief information
3646 officer shall promote cooperation regarding information technology between branches of state
3647 government.
3648 Section 70. Section 63A-16-207, which is renumbered from Section 63F-1-208 is
3649 renumbered and amended to read:
3650 [
3651 (1) (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other
3652 provisions of this section, the chief information officer may delegate a function of the
3653 [
3654 by contract or other means authorized by law.
3655 (b) The chief information officer may delegate a function of the [
3656 as provided in Subsection (1)(a) if in the judgment of the director of the executive branch
3657 agency and the chief information officer:
3658 (i) the executive branch agency or institution of higher education has requested that the
3659 function be delegated;
3660 (ii) the executive branch agency or institution of higher education has the necessary
3661 resources and skills to perform or control the function to be delegated; and
3662 (iii) the function to be delegated is a unique or mission-critical function of the agency
3663 or institution of higher education.
3664 (2) The chief information officer may delegate a function of the [
3665 only when the delegation results in net cost savings or improved service delivery to the state as
3666 a whole or to the unique mission critical function of the executive branch agency.
3667 (3) The delegation of a function under this section shall:
3668 (a) be in writing;
3669 (b) contain all of the following:
3670 (i) a precise definition of each function to be delegated;
3671 (ii) a clear description of the standards to be met in performing each function
3672 delegated;
3673 (iii) a provision for periodic administrative audits by the [
3674 (iv) a date on which the agreement shall terminate if the agreement has not been
3675 previously terminated or renewed; and
3676 (v) any delegation of [
3677 in-house with the agency and rates to be charged for the delegated staff; and
3678 (c) include a cost-benefit analysis justifying the delegation.
3679 (4) An agreement to delegate functions to an executive branch agency or an institution
3680 of higher education may be terminated by the [
3681 administrative audit conducted by the [
3682 the terms of the agreement by the executive branch agency or institution of higher education.
3683 Section 71. Section 63A-16-208, which is renumbered from Section 63F-1-209 is
3684 renumbered and amended to read:
3685 [
3686 agencies -- Prohibition against executive branch agency information technology staff.
3687 (1) (a) The chief information officer shall assign [
3688 agency in-house if the chief information officer and the executive branch agency director
3689 jointly determine it is appropriate to provide information technology services to:
3690 (i) the agency's unique mission-critical functions and applications;
3691 (ii) the agency's participation in and use of statewide enterprise architecture; and
3692 (iii) the agency's use of coordinated technology services with other agencies that share
3693 similar characteristics with the agency.
3694 (b) (i) An agency may request the chief information officer to assign in-house staff
3695 support from the [
3696 (ii) The chief information officer shall respond to the agency's request for in-house
3697 staff support in accordance with Subsection (1)(a).
3698 (c) The [
3699 [
3700 section.
3701 (d) An agency that receives in-house staff support assigned from the [
3702 division under the provision of this section is responsible for paying the rates charged by the
3703 [
3704 (2) (a) An executive branch agency may not create a full-time equivalent position or
3705 part-time position, or request an appropriation to fund a full-time equivalent position or
3706 part-time position under the provisions of Section 63J-1-201 for the purpose of providing
3707 information technology services to the agency unless:
3708 (i) the chief information officer has approved a delegation under Section [
3709 63A-16-207; and
3710 (ii) the [
3711 and finds that the delegation of information technology services to the agency meets the
3712 requirements of Section [
3713 (b) The prohibition against a request for appropriation under Subsection (2)(a) does not
3714 apply to a request for appropriation needed to pay rates imposed under Subsection (1)(d).
3715 Section 72. Section 63A-16-209, which is renumbered from Section 63F-1-210 is
3716 renumbered and amended to read:
3717 [
3718 agency information technology.
3719 (1) The chief information officer shall establish, by rule made in accordance with Title
3720 63G, Chapter 3, Utah Administrative Rulemaking Act:
3721 (a) minimum standards for accessibility of executive branch agency information
3722 technology by an individual with a disability that:
3723 (i) include accessibility criteria for:
3724 (A) agency websites;
3725 (B) hardware and software procured by an executive branch agency; and
3726 (C) information systems used by executive branch agency employees;
3727 (ii) include a protocol to evaluate the standards via testing by individuals with a variety
3728 of access limitations; and
3729 (iii) are, at minimum, consistent with the most recent Web Content Accessibility
3730 guidelines published by the World Wide Web Consortium; and
3731 (b) grievance procedures for an individual with a disability who is unable to access
3732 executive branch agency information technology, including:
3733 (i) a process for an individual with a disability to report the access issue to the chief
3734 information officer; and
3735 (ii) a mechanism through which the chief information officer can respond to the report.
3736 (2) The chief information officer shall update the standards described in Subsection
3737 (1)(a) at least every three years to reflect advances in technology.
3738 Section 73. Section 63A-16-210, which is renumbered from Section 63F-1-211 is
3739 renumbered and amended to read:
3740 [
3741 (1) The chief information officer shall appoint a chief information security officer.
3742 (2) The chief information security officer described in Subsection (1) shall:
3743 (a) assess cybersecurity risks;
3744 (b) coordinate with executive branch agencies to assess the sensitivity of information;
3745 and
3746 (c) manage cybersecurity support for the department and executive branch agencies.
3747 Section 74. Section 63A-16-211, which is renumbered from Section 63F-1-212 is
3748 renumbered and amended to read:
3749 [
3750 The [
3751 before November 1 [
3752 Interim Committee on:
3753 (1) performance measures that the [
3754 [
3755 this [
3756 (2) the [
3757 performance measures described in Subsection (1).
3758 Section 75. Section 63A-16-212, which is renumbered from Section 63F-1-603 is
3759 renumbered and amended to read:
3760 [
3761 manages.
3762 The chief information officer shall manage the [
3763 to agency services.
3764 Section 76. Section 63A-16-213, which is renumbered from Section 63F-1-604 is
3765 renumbered and amended to read:
3766 [
3767 The [
3768 (1) be responsible for providing support to executive branch agencies for an agency's
3769 information technology assets and functions that are unique to the executive branch agency and
3770 are mission critical functions of the agency;
3771 (2) provide in-house information technology staff support to executive branch
3772 agencies;
3773 (3) establish a committee composed of agency user groups for the purpose of
3774 coordinating [
3775 (4) assist executive branch agencies in complying with the requirements of any rule
3776 adopted by the chief information officer.
3777 Section 77. Section 63A-16-301, which is renumbered from Section 63F-1-301 is
3778 renumbered and amended to read:
3779
3780 [
3781 (1) The chief information officer shall:
3782 (a) at the lowest practical cost, manage the delivery of efficient and cost-effective
3783 information technology and telecommunication services for:
3784 (i) all executive branch agencies; and
3785 (ii) entities that subscribe to the services in accordance with Section [
3786 63A-16-303; and
3787 (b) provide priority service to public safety agencies.
3788 (2) (a) In accordance with this Subsection (2), the chief information officer shall
3789 prescribe a schedule of fees for all services rendered by the [
3790 (i) an executive branch entity; or
3791 (ii) an entity that subscribes to services rendered by the [
3792 accordance with Section [
3793 (b) Each fee included in the schedule of fees required by Subsection (2)(a):
3794 (i) shall be equitable;
3795 (ii) should be based upon a zero based, full cost accounting of activities necessary to
3796 provide each service for which a fee is established; and
3797 (iii) for each service multiplied by the projected consumption of the service recovers
3798 no more or less than the full cost of each service.
3799 (c) Before charging a fee for its services to an executive branch agency or to a
3800 subscriber of services other than an executive branch agency, the chief information officer
3801 shall:
3802 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
3803 in Section [
3804 (ii) obtain the approval of the Legislature as required by Section 63J-1-410.
3805 (d) The chief information officer shall periodically conduct a market analysis [
3806
3807 comparison of the [
3808 providers where comparable services and rates are reasonably available.
3809 Section 78. Section 63A-16-302, which is renumbered from Section 63F-1-302 is
3810 renumbered and amended to read:
3811 [
3812 Membership -- Duties.
3813 (1) (a) There is created an Information Technology Rate Committee, which shall
3814 consist of the executive directors, or the executive director's designee, of seven executive
3815 branch agencies that use services and pay rates to one of the [
3816 service funds, appointed by the governor for a two-year term.
3817 [
3818
3819
3820 [
3821 [
3822 [
3823 [
3824 (b) Neither the department nor the division may have a representative on the rate
3825 committee.
3826 (c) (i) The committee shall elect a chair from its members.
3827 (ii) Members of the committee who are state government employees and who do not
3828 receive salary, per diem, or expenses from their agency for their service on the committee shall
3829 receive no compensation, benefits, per diem, or expenses for the member's service on the
3830 committee.
3831 (d) The [
3832 (2) (a) Any internal service funds managed by the [
3833 the committee a proposed rate and fee schedule for services rendered by the [
3834 division to an executive branch agency or an entity that subscribes to services rendered by the
3835 [
3836 (b) The committee shall:
3837 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
3838 Act;
3839 (ii) meet at least once each calendar year to:
3840 (A) discuss the service performance of each internal service fund;
3841 (B) review the proposed rate and fee schedules;
3842 (C) determine whether each proposed fee is based on cost recovery as required by
3843 Subsection [
3844 (D) at the rate committee's discretion, approve, increase, or decrease the rate and fee
3845 schedules described in Subsection (2)(b)(ii)(B); and
3846 (E) discuss any prior or potential adjustments to the service level received by state
3847 agencies that pay rates to an internal service fund;
3848 (iii) recommend a proposed rate and fee schedule for each internal service fund to:
3849 (A) the Governor's Office of Management and Budget; and
3850 (B) the Office of Legislative Fiscal Analyst for review by the Legislature in accordance
3851 with Section 63J-1-410, which requires the Legislature to approve the internal service fund
3852 agency's rates, fees, and budget in an appropriations act; and
3853 (iv) in accordance with Section 63J-1-410, review and approve, increase or decrease an
3854 interim rate, fee, or amount when an internal service fund agency begins a new service or
3855 introduces a new product between annual general sessions of the Legislature, which rate, fee, or
3856 amount shall be submitted to the Legislature at the next annual general session.
3857 (c) The committee may, in accordance with Subsection 63J-1-410(4), decrease a rate,
3858 fee, or amount that has been approved by the Legislature.
3859 Section 79. Section 63A-16-303, which is renumbered from Section 63F-1-303 is
3860 renumbered and amended to read:
3861 [
3862 institutions.
3863 (1) An executive branch agency in accordance with its agency information technology
3864 plan approved by the chief information officer shall:
3865 (a) subscribe to the information technology services provided by the [
3866 division; or
3867 (b) contract with one or more alternate private providers of information technology
3868 services if the chief information officer determines that the purchase of the services from a
3869 private provider will:
3870 (i) result in:
3871 (A) cost savings;
3872 (B) increased efficiency; or
3873 (C) improved quality of services; and
3874 (ii) not impair the interoperability of the state's information technology services.
3875 (2) An institution of higher education may subscribe to the services provided by the
3876 [
3877 (a) the president of the institution recommends that the institution subscribe to the
3878 services of the [
3879 (b) the Utah Board of Higher Education determines that subscription to the services of
3880 the [
3881 (3) The following may subscribe to information technology services by requesting that
3882 the services be provided from the [
3883 (a) the legislative branch;
3884 (b) the judicial branch;
3885 (c) the State Board of Education;
3886 (d) a political subdivision of the state;
3887 (e) an agency of the federal government;
3888 (f) an independent entity as defined in Section 63E-1-102; and
3889 (g) an elective constitutional officer of the executive department as defined in
3890 Subsection [
3891 Section 80. Section 63A-16-401, which is renumbered from Section 63F-1-402 is
3892 renumbered and amended to read:
3893
3894 [
3895 As used in this [
3896 assets and functions that can be applied across state government and include:
3897 (1) computing devices such as mainframes, servers, desktop devices, and peripherals;
3898 (2) networks;
3899 (3) enterprise wide applications;
3900 (4) maintenance and help desk functions for common hardware and applications;
3901 (5) standards for other computing devices, operating systems, common applications,
3902 and software; and
3903 (6) master contracts that are available for use by agencies for various systems such as
3904 operating systems, database, enterprise resource planning and customer relationship
3905 management software, application development services, and enterprise integration.
3906 Section 81. Section 63A-16-402, which is renumbered from Section 63F-1-403 is
3907 renumbered and amended to read:
3908 [
3909 officer manages.
3910 The chief information officer shall manage the [
3911 to enterprise technology.
3912 Section 82. Section 63A-16-403, which is renumbered from Section 63F-1-404 is
3913 renumbered and amended to read:
3914 [
3915 The [
3916 (1) develop and implement an effective enterprise architecture governance model for
3917 the executive branch;
3918 (2) provide oversight of information technology projects that impact statewide
3919 information technology services, assets, or functions of state government to:
3920 (a) control costs;
3921 (b) ensure business value to a project;
3922 (c) maximize resources;
3923 (d) ensure the uniform application of best practices; and
3924 (e) avoid duplication of resources;
3925 (3) develop a method of accountability to agencies for services provided by the
3926 department through service agreements with the agencies;
3927 (4) serve as a project manager for enterprise architecture which includes the
3928 management of applications, standards, and procurement of enterprise architecture;
3929 (5) coordinate the development and implementation of advanced state
3930 telecommunication systems;
3931 (6) provide services including technical assistance:
3932 (a) to executive branch agencies and subscribers to the services; and
3933 (b) related to information technology or telecommunications;
3934 (7) establish telecommunication system specifications and standards for use by:
3935 (a) one or more executive branch agencies; or
3936 (b) one or more entities that subscribe to the telecommunication systems in accordance
3937 with Section [
3938 (8) coordinate state telecommunication planning in cooperation with:
3939 (a) state telecommunication users;
3940 (b) executive branch agencies; and
3941 (c) other subscribers to the state's telecommunication systems;
3942 (9) cooperate with the federal government, other state entities, counties, and
3943 municipalities in the development, implementation, and maintenance of:
3944 (a) (i) governmental information technology; or
3945 (ii) governmental telecommunication systems; and
3946 (b) (i) as part of a cooperative organization; or
3947 (ii) through means other than a cooperative organization;
3948 (10) establish, operate, manage, and maintain:
3949 (a) one or more state data centers; and
3950 (b) one or more regional computer centers;
3951 (11) design, implement, and manage all state-owned, leased, or rented land, mobile, or
3952 radio telecommunication systems that are used in the delivery of services for state government
3953 or its political subdivisions; and
3954 (12) in accordance with the executive branch strategic plan, implement minimum
3955 standards to be used by the [
3956 programming languages, codes, and media that facilitate the exchange of information within
3957 and among telecommunication systems.
3958 Section 83. Section 63A-16-501, which is renumbered from Section 63F-1-502 is
3959 renumbered and amended to read:
3960
3961 [
3962 As used in this part:
3963 (1) "Center" means the Automated Geographic Reference Center created in Section
3964 [
3965 (2) "Database" means the State Geographic Information Database created in Section
3966 [
3967 (3) "Geographic Information System" or "GIS" means a computer driven data
3968 integration and map production system that interrelates disparate layers of data to specific
3969 geographic locations.
3970 (4) "Office" means the Office of Integrated Technology, created in Section
3971 63A-16-502.
3972 [
3973 Section [
3974 [
3975 network created in Section [
3976 Section 84. Section 63A-16-502, which is renumbered from Section 63F-1-503 is
3977 renumbered and amended to read:
3978 [
3979 (1) There is created within the division the Office of Integrated Technology.
3980 (2) The chief information officer shall manage the [
3981 related to integrated technology.
3982 Section 85. Section 63A-16-503, which is renumbered from Section 63F-1-504 is
3983 renumbered and amended to read:
3984 [
3985 The [
3986 (1) establish standards for the information technology needs of a collection of
3987 executive branch agencies or programs that share common characteristics relative to the types
3988 of stakeholders they serve, including:
3989 (a) project management;
3990 (b) application development; and
3991 (c) procurement;
3992 (2) provide oversight of information technology standards that impact multiple
3993 executive branch agency information technology services, assets, or functions to:
3994 (a) control costs;
3995 (b) ensure business value to a project;
3996 (c) maximize resources;
3997 (d) ensure the uniform application of best practices; and
3998 (e) avoid duplication of resources; and
3999 (3) establish a system of accountability to user agencies through the use of service
4000 agreements.
4001 Section 86. Section 63A-16-504, which is renumbered from Section 63F-1-505 is
4002 renumbered and amended to read:
4003 [
4004 (1) In accordance with this section, the [
4005 technology plan to the chief information officer.
4006 (2) The information technology plan submitted by the [
4007 section shall include:
4008 (a) the information required by Section [
4009 (b) a list of the services the [
4010 (c) a description of the performance measures used by the [
4011 the quality of the services described in Subsection (2)(b).
4012 (3) (a) In submitting [
4013 [
4014 (b) The information technology plan submitted by the [
4015 section is subject to the approval of the chief information officer as provided in Section
4016 [
4017 Section 87. Section 63A-16-505, which is renumbered from Section 63F-1-506 is
4018 renumbered and amended to read:
4019 [
4020 (1) There is created the Automated Geographic Reference Center as part of the
4021 [
4022 (2) The center shall:
4023 (a) provide geographic information system services to state agencies under rules
4024 adopted in accordance with Section [
4025 [
4026 (b) provide geographic information system services to federal government, local
4027 political subdivisions, and private persons under rules and policies established by the [
4028 office;
4029 (c) manage the State Geographic Information Database; and
4030 (d) establish standard format, lineage, and other requirements for the database.
4031 (3) (a) There is created a position of surveyor within the center.
4032 (b) The surveyor under this Subsection (3) shall:
4033 (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
4034 Engineers and Professional Land Surveyors Licensing Act;
4035 (ii) provide technical support to the office of lieutenant governor in the lieutenant
4036 governor's evaluation under Section 67-1a-6.5 of a proposed boundary action, as defined in
4037 Section 17-23-20;
4038 (iii) as requested by a county surveyor, provide technical assistance to the county
4039 surveyor with respect to the county surveyor's responsibilities under Section 17-23-20;
4040 (iv) fulfill the duties described in Section 17-50-105, if engaged to do so as provided in
4041 that section;
4042 (v) assist the State Tax Commission in processing and quality assurance of boundary
4043 descriptions or maps into digital format for inclusion in the State Geographic Information
4044 Database;
4045 (vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
4046 the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
4047 address, owner type, and county recorder contact information; and
4048 (vii) facilitate and integrate the collection efforts of local government and federal
4049 agencies for data collection to densify and enhance the statewide Public Land Survey System
4050 reference network in the State Geographic Information Database.
4051 (4) The [
4052 (a) make rules and establish policies to govern the center and its operations; and
4053 (b) set fees for the services provided by the center.
4054 (5) The state may not sell information obtained from counties under Subsection
4055 (3)(b)(v).
4056 Section 88. Section 63A-16-506, which is renumbered from Section 63F-1-507 is
4057 renumbered and amended to read:
4058 [
4059 (1) There is created a State Geographic Information Database to be managed by the
4060 center.
4061 (2) The database shall:
4062 (a) serve as the central reference for all information contained in any GIS database by
4063 any state agency;
4064 (b) serve as a clearing house and repository for all data layers required by multiple
4065 users;
4066 (c) serve as a standard format for geographic information acquired, purchased, or
4067 produced by any state agency;
4068 (d) include an accurate representation of all civil subdivision boundaries of the state;
4069 and
4070 (e) for each public highway, as defined in Section 72-1-102, in the state, include an
4071 accurate representation of the highway's centerline, physical characteristics, and associated
4072 street address ranges.
4073 (3) The center shall, in coordination with municipalities, counties, emergency
4074 communications centers, and the Department of Transportation:
4075 (a) develop the information described in Subsection (2)(e); and
4076 (b) update the information described in Subsection (2)(e) in a timely manner after a
4077 county recorder records a final plat.
4078 (4) Each state agency that acquires, purchases, or produces digital geographic
4079 information data shall:
4080 (a) inform the center of the existence of the data layers and their geographic extent;
4081 (b) allow the center access to all data classified public; and
4082 (c) comply with any database requirements established by the center.
4083 (5) At least annually, the State Tax Commission shall deliver to the center information
4084 the State Tax Commission receives under Section 67-1a-6.5 relating to the creation or
4085 modification of the boundaries of political subdivisions.
4086 (6) The boundary of a political subdivision within the State Geographic Information
4087 Database is the official boundary of the political subdivision for purposes of meeting the needs
4088 of the United States Bureau of the Census in identifying the boundary of the political
4089 subdivision.
4090 Section 89. Section 63A-16-507, which is renumbered from Section 63F-1-508 is
4091 renumbered and amended to read:
4092 [
4093 inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for
4094 proposals.
4095 (1) There is created within the center a committee to award grants to counties to
4096 inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
4097 provided by Subsection (5).
4098 (2) (a) The committee shall consist of:
4099 (i) the center manager;
4100 (ii) a representative of the Governor's Office of Management and Budget;
4101 (iii) a representative of Utah State University Extension;
4102 (iv) a representative of the Utah Association of Counties; and
4103 (v) three county commissioners.
4104 (b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
4105 be selected by the organizations they represent.
4106 (c) The committee members specified in Subsection (2)(a)(v) shall be:
4107 (i) selected by the Utah Association of Counties;
4108 (ii) from rural counties; and
4109 (iii) from different regions of the state.
4110 (3) (a) The committee shall select a chair from [
4111 (b) The committee shall meet upon the call of the chair or a majority of the committee
4112 members.
4113 (c) Four members [
4114 (4) (a) Committee members who are state government employees shall receive no
4115 additional compensation for their work on the committee.
4116 (b) Committee members who are not state government employees shall receive no
4117 compensation or expenses from the state for their work on the committee.
4118 (5) (a) The committee shall award grants to counties to:
4119 (i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
4120 technology; and
4121 (ii) photograph:
4122 (A) roads and other evidence of construction of R.S. 2477 rights-of-way;
4123 (B) structures or natural features that may be indicative of the purpose for which an
4124 R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
4125 facilities, or scenic overlooks; and
4126 (C) evidence of valid and existing rights on federal lands, such as mines and
4127 agricultural facilities.
4128 (b) (i) The committee may allow counties, while they are conducting the activities
4129 described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
4130 natural or cultural resources.
4131 (ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
4132 programs underway by state agencies, counties, or institutions of higher education.
4133 (c) Maps and other data acquired through the grants shall become a part of the State
4134 Geographic Information Database.
4135 (d) Counties shall provide an opportunity to interested parties to submit information
4136 relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
4137 provided in Subsections (5)(a) and (5)(b).
4138 (6) (a) The committee shall develop a request for proposals process and issue a request
4139 for proposals.
4140 (b) The request for proposals shall require each grant applicant to submit an
4141 implementation plan and identify any monetary or in-kind contributions from the county.
4142 (c) In awarding grants, the committee shall give priority to proposals to inventory, map,
4143 and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
4144 which are located on federal lands that:
4145 (i) a federal land management agency proposes for special management, such as lands
4146 to be managed as an area of critical environmental concern or primitive area; or
4147 (ii) are proposed to receive a special designation by Congress, such as lands to be
4148 designated as wilderness or a national conservation area.
4149 (7) Each county that receives a grant under the provision of this section shall provide a
4150 copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
4151 database.
4152 Section 90. Section 63A-16-508, which is renumbered from Section 63F-1-509 is
4153 renumbered and amended to read:
4154 [
4155 Network created -- Rulemaking authority.
4156 (1) (a) There is created the Statewide Global Positioning Reference Network to
4157 improve the quality of geographic information system data and the productivity, efficiency, and
4158 cost-effectiveness of government services.
4159 (b) The network shall provide a system of permanently mounted, fully networked,
4160 global positioning system base stations that will provide real time radio navigation and
4161 establish a standard statewide coordinate reference system.
4162 (c) The center shall administer the network.
4163 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4164 the chief information officer shall make rules providing for operating policies and procedures
4165 for the network.
4166 (b) When making rules under this section, the chief information officer shall consider:
4167 (i) network development that serves a public purpose;
4168 (ii) increased productivity and efficiency for state agencies; and
4169 (iii) costs and longevity of the network.
4170 Section 91. Section 63A-16-509, which is renumbered from Section 63F-1-510 is
4171 renumbered and amended to read:
4172 [
4173 Committee.
4174 (1) As used in this section:
4175 (a) "Committee" means the Monument Replacement and Restoration Committee
4176 created in this section.
4177 (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
4178 (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
4179 (2) (a) There is created the Monument Replacement and Restoration Committee
4180 composed of the following seven members:
4181 (i) five members appointed by an organization or association that represents Utah
4182 counties:
4183 (A) that have knowledge and understanding of the Public Land Survey System; and
4184 (B) who each represents a different county; and
4185 (ii) two members, appointed by the center, who have a knowledge and understanding
4186 of the Public Land Survey System.
4187 (b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
4188 committee is appointed for a four-year term.
4189 (ii) The director of the center shall, at the time an entity appoints or reappoints an
4190 individual to serve on the committee, adjust the length of the appointed individual's term, as
4191 necessary, to ensure that the terms of committee members are staggered so that approximately
4192 half of the committee members are appointed every two years.
4193 (iii) When a vacancy occurs on the committee for any reason, the replacement
4194 appointee shall serve on the committee for the unexpired term.
4195 (c) The committee shall elect one committee member to serve as chair of the
4196 committee for a term of two years.
4197 (d) A majority of the committee constitutes a quorum, and the action of a majority of a
4198 quorum constitutes the action of the committee.
4199 (e) (i) The center shall provide staff support to the committee.
4200 (ii) An individual who is a member of the committee may not serve as staff to the
4201 committee.
4202 (f) A member of the committee may not receive compensation for the member's service
4203 on the committee.
4204 (g) The committee may adopt bylaws to govern the committee's operation.
4205 (3) (a) The committee shall administer a grant program to assist counties in
4206 maintaining and protecting corners or monuments.
4207 (b) A county wishing to receive a grant under the program described in Subsection
4208 (3)(a) shall submit to the committee an application that:
4209 (i) identifies one or more monuments in the county that are in need of protection or
4210 rehabilitation;
4211 (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
4212 each monument identified under Subsection (3)(b)(i); and
4213 (iii) requests a specific amount of funding to complete the plan established under
4214 Subsection (3)(b)(ii).
4215 (c) The committee shall:
4216 (i) adopt criteria to:
4217 (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
4218 needs protection or rehabilitation; and
4219 (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
4220 the greatest need of protection or rehabilitation;
4221 (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
4222 criteria adopted by the committee under Subsection (3)(c)(i);
4223 (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
4224 applications are most favorably evaluated under Subsection (3)(c)(ii); and
4225 (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
4226 shall report back to the committee.
4227 (d) The committee may not award a grant to a county under this section in an amount
4228 greater than $100,000.
4229 (4) A county that is awarded a grant under this section shall:
4230 (a) document the work performed by the county, pursuant to the plan established by the
4231 county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
4232 (b) before the date established under Subsection (3)(c)(iv), report to the committee on
4233 the work performed by the county.
4234 (5) (a) If the committee has not expended all of the funds appropriated to the
4235 committee by the Legislature for the fulfillment of the committee's duties under this section
4236 before December 31, 2017, the committee shall disburse any remaining funds equally among
4237 all counties that have established a dedicated monument preservation fund by ordinance as
4238 provided in Section 17-23-19.
4239 (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
4240 (i) deposit the funds into the county's monument preservation fund; and
4241 (ii) expend the funds, in consultation with the committee, for the maintenance and
4242 preservation of monuments in the county.
4243 Section 92. Section 63A-16-601, which is renumbered from Section 63F-1-701 is
4244 renumbered and amended to read:
4245
4246 [
4247 and administration.
4248 (1) As used in this part:
4249 [
4250
4251 [
4252 [
4253 [
4254 recordings, and other materials that are required to be posted to the website under Title 52,
4255 Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
4256 [
4257 section.
4258 (2) There is created the Utah Public Notice Website to be administered by the Division
4259 of Archives and Records Service.
4260 (3) The website shall consist of an Internet website provided to assist the public to find
4261 posted public information.
4262 (4) The [
4263 assistance of the [
4264 shall:
4265 (a) allow a public body, or other certified entity, to easily post any public information,
4266 including the contact information required under Subsections 17B-1-303(9) and
4267 17D-1-106(1)(b)(ii);
4268 (b) allow the public to easily search the public information by:
4269 (i) public body name;
4270 (ii) date of posting of the notice;
4271 (iii) date of any meeting or deadline included as part of the public information; and
4272 (iv) any other criteria approved by the [
4273 Service;
4274 (c) allow the public to easily search and view past, archived public information;
4275 (d) allow an individual to subscribe to receive updates and notices associated with a
4276 public body or a particular type of public information;
4277 (e) be easily accessible by the public from the State of Utah home page;
4278 (f) have a unique and simplified website address;
4279 (g) be directly accessible via a link from the main page of the official state website; and
4280 (h) include other links, features, or functionality that will assist the public in obtaining
4281 and reviewing public information posted on the website, as may be approved by the division.
4282 (5) (a) Subject to Subsection (5)(b), the [
4283 Service and the governor's office shall coordinate to ensure that the website, the database
4284 described in Section 67-1-2.5, and the website described in Section 67-1-2.5 automatically
4285 share appropriate information in order to ensure that:
4286 (i) an individual who subscribes to receive information under Subsection (4)(d) for an
4287 executive board automatically receives notifications of vacancies on the executive board that
4288 will be publicly filled, including a link to information regarding how an individual may apply
4289 to fill the vacancy; and
4290 (ii) an individual who accesses an executive board's information on the website has
4291 access to the following through the website:
4292 (A) the executive board's information in the database, except an individual's physical
4293 address, e-mail address, or phone number; and
4294 (B) the portal described in Section 67-1-2.5 through which an individual may provide
4295 input on an appointee to, or member of, the executive board.
4296 (b) The [
4297 shall comply with Subsection (5)(a) as soon as reasonably possible within existing funds
4298 appropriated to the [
4299 office.
4300 (6) Before August 1 of each year, the [
4301 Service shall:
4302 (a) identify each executive board that is a public body that did not submit to the
4303 website a notice of a public meeting during the previous fiscal year; and
4304 (b) report the name of each identified executive board to the governor's boards and
4305 commissions administrator.
4306 (7) The [
4307 (a) establishing and maintaining the website, including the provision of equipment,
4308 resources, and personnel as is necessary;
4309 (b) providing a mechanism for public bodies or other certified entities to have access to
4310 the website for the purpose of posting and modifying public information; and
4311 (c) maintaining an archive of all public information posted to the website.
4312 (8) A public body is responsible for the content the public body is required to post to
4313 the website and the timing of posting of that information.
4314 Section 93. Section 63A-16-602, which is renumbered from Section 63F-1-702 is
4315 renumbered and amended to read:
4316 [
4317 and Records Service.
4318 (1) The [
4319 provisions and requirements of this chapter to all public bodies that are subject to the provision
4320 of Subsection 52-4-202(3)(a)(ii).
4321 (2) The [
4322 provide periodic training on the use of the Utah Public Notice Website to public bodies that are
4323 authorized to post notice on the website.
4324 Section 94. Section 63A-16-701, which is renumbered from Section 63F-2-102 is
4325 renumbered and amended to read:
4326
4327 [
4328 Membership -- Duties.
4329 (1) There is created the Data Security Management Council [
4330 eight members as follows:
4331 (a) the chief information officer appointed under Section [
4332 the chief information officer's designee;
4333 (b) one individual appointed by the governor;
4334 (c) one individual appointed by the speaker of the House of Representatives and the
4335 president of the Senate; and
4336 (d) the highest ranking information technology official, or the highest ranking
4337 information technology official's designee, from each of:
4338 (i) the Judicial Council;
4339 (ii) the Utah Board of Higher Education;
4340 (iii) the State Board of Education;
4341 (iv) the State Tax Commission; and
4342 (v) the Office of the Attorney General.
4343 (2) The council shall elect a chair of the council by majority vote.
4344 (3) (a) A majority of the members of the council constitutes a quorum.
4345 (b) Action by a majority of a quorum of the council constitutes an action of the council.
4346 (4) The [
4347 council.
4348 (5) The council shall meet quarterly, or as often as necessary, to:
4349 (a) review existing state government data security policies;
4350 (b) assess ongoing risks to state government information technology;
4351 (c) create a method to notify state and local government entities of new risks;
4352 (d) coordinate data breach simulation exercises with state and local government
4353 entities; and
4354 (e) develop data security best practice recommendations for state government that
4355 include recommendations regarding:
4356 (i) hiring and training a chief information security officer for each government entity;
4357 (ii) continuous risk monitoring;
4358 (iii) password management;
4359 (iv) using the latest technology to identify and respond to vulnerabilities;
4360 (v) protecting data in new and old systems; and
4361 (vi) best procurement practices.
4362 (6) A member who is not a member of the Legislature may not receive compensation
4363 or benefits for the member's service but may receive per diem and travel expenses as provided
4364 in:
4365 (a) Section 63A-3-106;
4366 (b) Section 63A-3-107; and
4367 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
4368 Section 95. Section 63A-16-702, which is renumbered from Section 63F-2-103 is
4369 renumbered and amended to read:
4370 [
4371 Legislature -- Recommendations.
4372 (1) The council chair or the council chair's designee shall report annually no later than
4373 October 1 of each year to the Public Utilities, Energy, and Technology Interim Committee.
4374 (2) The council's annual report shall contain:
4375 (a) a summary of topics the council studied during the year;
4376 (b) best practice recommendations for state government; and
4377 (c) recommendations for implementing the council's best practice recommendations.
4378 Section 96. Section 63A-16-801, which is renumbered from Section 63F-3-102 is
4379 renumbered and amended to read:
4380
4381 [
4382 As used in this [
4383 (1) "Business data" means data collected by the state about a person doing business in
4384 the state.
4385 (2) "Single sign-on business portal" means the web portal described in Section
4386 [
4387 (3) "Single sign-on citizen portal" means the web portal described in Section
4388 [
4389 (4) "Web portal" means an Internet webpage that can be accessed by a person that
4390 enters the person's unique user information in order to access secure information.
4391 Section 97. Section 63A-16-802, which is renumbered from Section 63F-3-103 is
4392 renumbered and amended to read:
4393 [
4394 (1) The [
4395 Subsection (4), design and create a single sign-on business portal that is:
4396 (a) a web portal through which a person may access data described in Subsection (2),
4397 as agreed upon by the entities described in Subsection (4); and
4398 (b) secure, centralized, and interconnected.
4399 (2) The [
4400 allows a person doing business in the state to access, at a single point of entry, all relevant
4401 state-collected business data about the person, including information related to:
4402 (a) business registration;
4403 (b) workers' compensation;
4404 (c) beginning December 1, 2020, tax liability and payment; and
4405 (d) other information collected by the state that the department determines is relevant
4406 to a person doing business in the state.
4407 (3) The department shall develop the single sign-on business portal:
4408 (a) using an open platform that:
4409 (i) facilitates participation in the web portal by a state entity;
4410 (ii) allows for optional participation by a political subdivision of the state; and
4411 (iii) contains a link to the State Tax Commission website; and
4412 (b) in a manner that anticipates the creation of the single sign-on citizen portal
4413 described in Section [
4414 (4) In developing the single sign-on business portal, the department shall consult with:
4415 (a) the Department of Commerce;
4416 (b) the State Tax Commission;
4417 (c) the Labor Commission;
4418 (d) the Department of Workforce Services;
4419 (e) the Governor's Office of Management and Budget;
4420 (f) the Utah League of Cities and Towns;
4421 (g) the Utah Association of Counties; and
4422 (h) the business community that is likely to use the single sign-on business portal.
4423 (5) The [
4424 fully operational no later than May 1, 2021.
4425 Section 98. Section 63A-16-803, which is renumbered from Section 63F-3-103.5 is
4426 renumbered and amended to read:
4427 [
4428 (1) The [
4429 Subsection (4), design and create a single sign-on citizen portal that is:
4430 (a) a web portal through which an individual may access information and services
4431 described in Subsection (2), as agreed upon by the entities described in Subsection (4); and
4432 (b) secure, centralized, and interconnected.
4433 (2) The [
4434 an individual, at a single point of entry, to:
4435 (a) access and submit an application for:
4436 (i) medical and support programs including:
4437 (A) a medical assistance program administered under Title 26, Chapter 18, Medical
4438 Assistance Act, including Medicaid;
4439 (B) the Children's Health Insurance Program under Title 26, Chapter 40, Utah
4440 Children's Health Insurance Act;
4441 (C) the Primary Care Network as defined in Section 26-18-416; and
4442 (D) the Women, Infants, and Children program administered under 42 U.S.C. Sec.
4443 1786;
4444 (ii) unemployment insurance under Title 35A, Chapter 4, Employment Security Act;
4445 (iii) workers' compensation under Title 34A, Chapter 2, Workers' Compensation Act;
4446 (iv) employment with a state agency;
4447 (v) a driver license or state identification card renewal under Title 53, Chapter 3,
4448 Uniform Driver License Act;
4449 (vi) a birth or death certificate under Title 26, Chapter 2, Utah Vital Statistics Act; and
4450 (vii) a hunting or fishing license under Title 23, Chapter 19, Licenses, Permits, and
4451 Tags;
4452 (b) access the individual's:
4453 (i) transcripts from an institution of higher education described in Section 53B-2-101;
4454 and
4455 (ii) immunization records maintained by the Utah Department of Health;
4456 (c) register the individual's vehicle under Title 41, Chapter 1a, Part 2, Registration,
4457 with the Motor Vehicle Division of the State Tax Commission;
4458 (d) file the individual's state income taxes under Title 59, Chapter 10, Individual
4459 Income Tax Act, beginning December 1, 2020;
4460 (e) access information about positions available for employment with the state; and
4461 (f) access any other service or information the department determines is appropriate in
4462 consultation with the entities described in Subsection (4).
4463 (3) The [
4464 open platform that:
4465 (a) facilitates participation in the portal by a state entity;
4466 (b) allows for optional participation in the portal by a political subdivision of the state;
4467 and
4468 (c) contains a link to the State Tax Commission website.
4469 (4) In developing the single sign-on citizen portal, the department shall consult with:
4470 (a) each state executive branch agency that administers a program, provides a service,
4471 or manages applicable information described in Subsection (2);
4472 (b) the Utah League of Cities and Towns;
4473 (c) the Utah Association of Counties; and
4474 (d) other appropriate state executive branch agencies.
4475 (5) The [
4476 operational no later than January 1, 2025.
4477 Section 99. Section 63A-16-804, which is renumbered from Section 63F-3-104 is
4478 renumbered and amended to read:
4479 [
4480 (1) The [
4481 Technology Interim Committee before November 30 of each year regarding:
4482 (a) the progress the [
4483 business portal and the single sign-on citizen portal and, once that development is complete,
4484 regarding the operation of the single sign-on business portal and the single sign-on citizen
4485 portal;
4486 (b) the [
4487 the [
4488 (c) whether the [
4489 being charged under Section 13-1-2.
4490 (2) The Public Utilities, Energy, and Technology Interim Committee shall annually:
4491 (a) review the single sign-on fee being charged under Section 13-1-2;
4492 (b) determine whether the revenue from the single sign-on fee is adequate for designing
4493 and developing and then, once developed, operating and maintaining the single sign-on web
4494 portal; and
4495 (c) make any recommendation to the Legislature that the committee considers
4496 appropriate concerning:
4497 (i) the single sign-on fee; and
4498 (ii) the development or operation of the single sign-on business portal and the single
4499 sign-on citizen portal.
4500 Section 100. Section 63A-16-901, which is renumbered from Section 63F-4-102 is
4501 renumbered and amended to read:
4502
4503 [
4504 As used in this [
4505 (1) "Executive branch agency" means a department, division, or other agency within
4506 the executive branch of state government.
4507 (2) "Governor's budget office" means the Governor's Office of Management and
4508 Budget, created in Section 63J-4-201.
4509 (3) "Review board" means the Architecture Review Board established within the
4510 department.
4511 (4) "Technology innovation" means a new information technology not previously in
4512 use or a substantial adaptation or modification of an existing information technology.
4513 (5) "Technology proposal" means a proposal to implement a technology innovation
4514 designed to result in a greater efficiency in a government process or a cost saving in the
4515 delivery of a government service, or both.
4516 Section 101. Section 63A-16-902, which is renumbered from Section 63F-4-201 is
4517 renumbered and amended to read:
4518 [
4519 process.
4520 (1) Multiple executive branch agencies may jointly submit to the chief information
4521 officer a technology proposal, on a form or in a format specified by the [
4522 (2) The chief information officer shall transmit to the review board each technology
4523 proposal the chief information officer determines meets the form or format requirements of the
4524 [
4525 (3) The review board shall:
4526 (a) conduct a technical review of a technology proposal transmitted by the chief
4527 information officer;
4528 (b) determine whether the technology proposal merits further review and consideration
4529 by the chief information officer, based on the technology proposal's likelihood to:
4530 (i) be capable of being implemented effectively; and
4531 (ii) result in greater efficiency in a government process or a cost saving in the delivery
4532 of a government service, or both; and
4533 (c) transmit a technology proposal to the chief information officer and to the governor's
4534 budget office, if the review board determines that the technology proposal merits further review
4535 and consideration by the chief information officer.
4536 Section 102. Section 63A-16-903, which is renumbered from Section 63F-4-202 is
4537 renumbered and amended to read:
4538 [
4539 of technology proposals.
4540 (1) The chief information officer shall review and evaluate each technology proposal
4541 that the review board transmits to the chief information officer.
4542 (2) The chief information officer may approve and recommend that the [
4543 division provide funding from legislative appropriations for a technology proposal if, after the
4544 chief information officer's review and evaluation of the technology proposal:
4545 (a) the chief information officer determines that there is a reasonably good likelihood
4546 that the technology proposal:
4547 (i) is capable of being implemented effectively; and
4548 (ii) will result in greater efficiency in a government process or a cost saving in the
4549 delivery of a government service, or both; and
4550 (b) the chief information officer receives approval from the governor's budget office
4551 for the technology proposal.
4552 (3) The chief information officer may:
4553 (a) prioritize multiple approved technology proposals based on their relative likelihood
4554 of achieving the goals described in Subsection (2); and
4555 (b) recommend funding based on the chief information officer's prioritization under
4556 Subsection (3)(a).
4557 (4) The [
4558 (a) track the implementation and success of a technology proposal approved by the
4559 chief information officer;
4560 (b) evaluate the level of the technology proposal's implementation effectiveness and
4561 whether the implementation results in greater efficiency in a government process or a cost
4562 saving in the delivery of a government service, or both; and
4563 (c) report the results of the [
4564 (i) to the chief information officer, as frequently as the chief information officer
4565 requests; and
4566 (ii) at least annually to the Public Utilities, Energy, and Technology Interim
4567 Committee.
4568 (5) The [
4569 pay for expenses incurred by executive branch agencies in implementing a technology proposal
4570 that the chief information officer has approved.
4571 Section 103. Section 63A-17-101, which is renumbered from Section 67-19-1 is
4572 renumbered and amended to read:
4573
4574
4575 [
4576 This chapter [
4577 Management Act."
4578 Section 104. Section 63A-17-102, which is renumbered from Section 67-19-3 is
4579 renumbered and amended to read:
4580 [
4581 As used in this chapter:
4582 (1) "Agency" means any department or unit of Utah state government with authority to
4583 employ personnel.
4584 (2) "Career service" means positions under schedule B as defined in Section [
4585 63A-17-301.
4586 (3) "Career service employee" means an employee who has successfully completed a
4587 probationary period of service in a position covered by the career service.
4588 (4) "Career service status" means status granted to employees who successfully
4589 complete probationary periods for competitive career service positions.
4590 (5) "Classified service" means those positions subject to the classification and
4591 compensation provisions of Section [
4592 (6) "Controlled substance" means controlled substance as defined in Section 58-37-2.
4593 (7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
4594 employee's current actual wage.
4595 (b) "Demotion" does not mean:
4596 (i) a nondisciplinary movement of an employee to another position without a reduction
4597 in the current actual wage; or
4598 (ii) a reclassification of an employee's position under the provisions of Subsection
4599 [
4600 [
4601 (8) "Director" means the director of the division.
4602 (9) "Disability" means a physical or mental disability as defined and protected under
4603 the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
4604 (10) "Division" means the Division of Human Resource Management, created in
4605 Section 63A-17-105.
4606 [
4607 service or classified service provisions of this chapter.
4608 [
4609 [
4610
4611 (13) "Human resource function" means those duties and responsibilities specified:
4612 (a) under Section [
4613 (b) under rules of the [
4614 (c) under other state or federal statute.
4615 (14) "Market comparability adjustment" means a salary range adjustment determined
4616 necessary through a market survey of salary data and other relevant information.
4617 (15) "Probationary employee" means an employee serving a probationary period in a
4618 career service position but who does not have career service status.
4619 (16) "Probationary period" means that period of time determined by the [
4620 division that an employee serves in a career service position as part of the hiring process before
4621 career service status is granted to the employee.
4622 (17) "Probationary status" means the status of an employee between the employee's
4623 hiring and the granting of career service status.
4624 (18) "Structure adjustment" means a [
4625 ranges.
4626 (19) "Temporary employee" means career service exempt employees described in
4627 Subsection [
4628 (20) "Total compensation" means salaries and wages, bonuses, paid leave, group
4629 insurance plans, retirement, and all other benefits offered to state employees as inducements to
4630 work for the state.
4631 Section 105. Section 63A-17-103, which is renumbered from Section 67-19-3.1 is
4632 renumbered and amended to read:
4633 [
4634 adoption of rules.
4635 (1) The [
4636 manner that will provide for the effective implementation of the following merit principles:
4637 (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
4638 knowledge, and skills, including open consideration of qualified applicants for initial
4639 appointment;
4640 (b) providing for equitable and competitive compensation;
4641 (c) training employees as needed to assure high-quality performance;
4642 (d) retaining employees on the basis of the adequacy of their performance and
4643 separating employees whose inadequate performance cannot be corrected;
4644 (e) fair treatment of applicants and employees in all aspects of human resource
4645 administration without regard to race, color, religion, sex, national origin, political affiliation,
4646 age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
4647 (f) providing information to employees regarding their political rights and the
4648 prohibited practices under the Hatch Act; and
4649 (g) providing a formal procedure for advancing grievances of employees:
4650 (i) without discrimination, coercion, restraint, or reprisal; and
4651 (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
4652 agency.
4653 (2) The principles in Subsection (1) shall govern interpretation and implementation of
4654 this chapter.
4655 Section 106. Section 63A-17-104, which is renumbered from Section 67-19-4 is
4656 renumbered and amended to read:
4657 [
4658 The state, its officers, and employees shall be governed by the provisions of Section
4659 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited
4660 employment practices.
4661 Section 107. Section 63A-17-105, which is renumbered from Section 67-19-5 is
4662 renumbered and amended to read:
4663 [
4664 Director -- Staff.
4665 (1) There is created [
4666 Resource Management.
4667 (2) (a) The [
4668 appointed by the [
4669 (b) The [
4670 management and shall be accountable to the [
4671 director's performance in office.
4672 (3) The [
4673 (a) appoint a personal secretary and a deputy director, both of whom shall be exempt
4674 from career service; and
4675 (b) appoint [
4676 service exempt.
4677 [
4678
4679 [
4680
4681 [
4682
4683
4684
4685 [
4686
4687 (4) The director shall advise the governor on human resource matters.
4688 Section 108. Section 63A-17-106, which is renumbered from Section 67-19-6 is
4689 renumbered and amended to read:
4690 [
4691 (1) The director shall have full responsibility and accountability for the administration
4692 of the statewide human resource management system.
4693 (2) Except as provided in Section 63A-17-201, an agency may not perform human
4694 resource functions without the consent of the director.
4695 (3) Statewide human resource management rules adopted by the division in accordance
4696 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if there
4697 is a conflict with agency rules, policies, or practices.
4698 (4) The division may operate as an internal service fund agency in accordance with
4699 Section 63J-1-410 for the human resource functions the division provides.
4700 [
4701 (a) develop, implement, and administer a statewide program of human resource
4702 management that will:
4703 (i) aid in the efficient execution of public policy;
4704 (ii) foster careers in public service for qualified employees; and
4705 (iii) render assistance to state agencies in performing their missions;
4706 (b) design and administer the state pay plan;
4707 (c) design and administer the state classification system and procedures for determining
4708 schedule assignments;
4709 (d) design and administer the state recruitment and selection system;
4710 (e) administer agency human resource practices and ensure compliance with federal
4711 law, state law, and state human resource rules, including equal employment opportunity;
4712 (f) consult with agencies on decisions concerning employee corrective action and
4713 discipline;
4714 (g) maintain central personnel records;
4715 (h) perform those functions necessary to implement this chapter unless otherwise
4716 assigned or prohibited;
4717 (i) perform duties assigned by the governor, executive director, or statute;
4718 (j) adopt rules for human resource management according to the procedures of Title
4719 63G, Chapter 3, Utah Administrative Rulemaking Act;
4720 (k) establish and maintain a management information system that will furnish the
4721 governor, the Legislature, and agencies with current information on authorized positions,
4722 payroll, and related matters concerning state human resources;
4723 (l) conduct research and planning activities to:
4724 (i) determine and prepare for future state human resource needs;
4725 (ii) develop methods for improving public human resource management; and
4726 (iii) propose needed policy changes to the governor;
4727 (m) study the character, causes, and extent of discrimination in state employment and
4728 develop plans for its elimination through programs consistent with federal and state laws
4729 governing equal employment opportunity in employment;
4730 (n) when requested by charter schools or counties, municipalities, and other political
4731 subdivisions of the state, provide technical service, training recommendations, or advice on
4732 human resource management at a charge determined by the [
4733 (o) establish compensation policies and procedures for early voluntary retirement;
4734 (p) confer with the heads of other agencies about human resource policies and
4735 procedures;
4736 (q) submit an annual report to the executive director, the governor, and the Legislature;
4737 and
4738 (r) assist with the development of a vacant position report required under Subsection
4739 63J-1-201(2)(b)(vi).
4740 [
4741 of other agencies, the [
4742 programs, including and subject to available funding, the development of manager and
4743 supervisor training.
4744 (b) The programs developed under this Subsection [
4745 more than one agency.
4746 (c) The [
4747 to perform highly specialized or technical jobs and tasks.
4748 (d) The [
4749 Subsection [
4750 Requirements.
4751 [
4752 this Subsection [
4753 (ii) Training funded from General Fund appropriations shall be treated as a separate
4754 program within the department budget.
4755 (iii) All money received from fees under this section will be accounted for by the
4756 department as a separate user driven training program.
4757 (iv) The user training program includes the costs of developing, procuring, and
4758 presenting training and development programs, and other associated costs for these programs.
4759 (b) (i) Funds remaining at the end of the fiscal year in the user training program are
4760 nonlapsing.
4761 (ii) Each year, as part of the appropriations process, the Legislature shall review the
4762 amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
4763 the department to lapse a portion of the funds.
4764 Section 109. Section 63A-17-107 is enacted to read:
4765 63A-17-107. Budget -- Rate committee.
4766 (1) The director shall:
4767 (a) prepare an annual budget request for the division;
4768 (b) submit the budget request to the department, the governor, and the Legislature; and
4769 (c) before charging a fee for services provided by the division's internal service fund to
4770 an executive branch agency:
4771 (i) submit the proposed rates, fees, and cost analysis to the rate committee established
4772 under Subsection (2); and
4773 (ii) obtain the approval of the Legislature as required under Section 63J-1-410.
4774 (2) (a) There is created a rate committee that shall consist of the executive directors of
4775 seven state agencies that use services and pay rates to one of the division internal service funds,
4776 or the executive directors' designees, appointed by the governor for a two-year term.
4777 (b) (i) The rate committee shall elect a chair from the rate committee's members.
4778 (ii) Each member of the rate committee who is a state government employee and who
4779 does not receive salary, per diem, or expenses from the member's agency for the member's
4780 service on the rate committee shall receive no compensation, benefits, per diem, or expenses
4781 for the member's service on the rate committee.
4782 (c) The division shall provide staff services to the rate committee.
4783 (3) (a) The division shall submit to the rate committee a proposed rate and fee schedule
4784 for:
4785 (i) human resource management services rendered; and
4786 (ii) costs incurred by the Office of the Attorney General in defending the state in a
4787 grievance under review by the Career Service Review Office.
4788 (b) The rate committee shall:
4789 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
4790 Act;
4791 (ii) meet at least once each calendar year to:
4792 (A) discuss the service performance of each internal service fund;
4793 (B) review the proposed rate and fee schedules;
4794 (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
4795 schedules described in Subsection (3)(b)(ii)(B); and
4796 (D) discuss any prior or potential adjustments to the service level received by state
4797 agencies that pay rates to an internal service fund;
4798 (iii) recommend a proposed rate and fee schedule for the internal service fund to:
4799 (A) the Governor's Office of Management and Budget; and
4800 (B) each legislative appropriations subcommittee that, in accordance with Section
4801 63J-1-410, approves the internal service fund rates, fees, and budget; and
4802 (iv) review and approve, increase, or decrease an interim rate, fee, or amount when the
4803 division begins a new service or introduces a new product between annual general sessions of
4804 the Legislature.
4805 (c) The committee may in accordance with Subsection 63J-1-410(4) decrease a rate,
4806 fee, or amount that has been approved by the Legislature.
4807 Section 110. Section 63A-17-108, which is renumbered from Section 67-19-29 is
4808 renumbered and amended to read:
4809 [
4810 Any person who knowingly violates a provision of [
4811 of a class A misdemeanor[
4812 (1) Part 1, General Provisions;
4813 (2) Part 2, Offices and Facilities;
4814 (3) Part 3, Classification and Career Service;
4815 (4) Part 4, Payroll and Benefits;
4816 (5) Part 5, Hours and Leave;
4817 (6) Part 7, Miscellaneous Grievance Provisions;
4818 (7) Part 10, Plans and Programs, except Section 63A-17-1007;
4819 (8) Section 63A-17-304; or
4820 (9) Part 14, Controlled Substances and Alcohol Use.
4821 Section 111. Section 63A-17-109, which is renumbered from Section 67-19-26 is
4822 renumbered and amended to read:
4823 [
4824 requirements for federally aided programs.
4825 (1) If any provision of this chapter or of any regulation or order issued thereunder or
4826 the application of any provision of this chapter to any person or circumstance is held invalid,
4827 the remainder of this chapter and the application of provision of this chapter or regulation or
4828 orders issued under it to persons or circumstances other than those to which it is held invalid
4829 shall still be regarded as having the force and effect of law.
4830 (2) If any part of this chapter is found to be in conflict with federal requirements which
4831 are a condition precedent to the allocation of federal funds to the state, the conflicting part of
4832 this chapter shall be inoperative solely to the extent of the conflict and with respect to the
4833 agencies directly affected, and such findings shall not affect the operation of the remainder of
4834 this chapter in its application to the agencies concerned.
4835 (3) Notwithstanding any provisions in this chapter to the contrary, no regulation shall
4836 be adopted which would deprive the state or any of its departments or institutions of federal
4837 grants or other forms of financial assistance, and the rules and regulations promulgated
4838 hereunder shall include standards, provisions, terms, and conditions for personnel engaged in
4839 the administration of federally aided programs, which shall, in all respects, comply with the
4840 necessary requirements for a qualified human resource system under the standards applicable to
4841 personnel engaged in the administration of federally aided programs.
4842 Section 112. Section 63A-17-201, which is renumbered from Section 67-19-6.1 is
4843 renumbered and amended to read:
4844
4845 [
4846 (1) The [
4847 director may establish a field office in an agency.
4848 (2) The [
4849 as field office staff.
4850 (3) The [
4851 annually, that specifies:
4852 (a) the services to be provided by the [
4853 (b) the use of agency facilities and equipment by the field office;
4854 (c) protocols to resolve discrepancies between agency practice and [
4855
4856 (d) any other issue necessary for the proper functioning of the field office.
4857 (4) Unless otherwise provided for in the field office agreement, the agency shall:
4858 (a) assign responsibilities and duties to its employees;
4859 (b) conduct performance appraisals;
4860 (c) discipline its employees in consultation with the [
4861 (d) maintain individual personnel records.
4862 Section 113. Section 63A-17-202, which is renumbered from Section 67-19-11 is
4863 renumbered and amended to read:
4864 [
4865 (1) [
4866 division to use public buildings under the agency's of the political subdivision's control, and
4867 furnish heat, light, and furniture, for any examination, training, hearing, or investigation
4868 authorized by this chapter.
4869 [
4870 a public building under Subsection (1)[
4871 use of the public building.
4872 (2) The executive director shall:
4873 (a) prepare an annual budget request for the department;
4874 (b) submit the budget request to the governor and the Legislature; and
4875 (c) before charging a fee for services provided by the department's internal service fund
4876 to an executive branch agency:
4877 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
4878 under Subsection (3); and
4879 (ii) obtain the approval of the Legislature as required under Section 63J-1-410.
4880 (3) (a) There is created a rate committee that shall consist of the executive directors of
4881 seven state agencies that use services and pay rates to one of the department internal service
4882 funds, or their designee, appointed by the governor for a two-year term.
4883 (b) (i) Of the seven executive agencies represented on the rate committee under
4884 Subsection (3)(a), only one of the following may be represented on the committee, if at all, at
4885 any one time:
4886 (A) the Governor's Office of Management and Budget;
4887 (B) the Division of Finance; or
4888 (C) the Department of [
4889 [
4890 (ii) The department may not have a representative on the rate committee.
4891 (c) (i) The rate committee shall elect a chair from the rate committee's members.
4892 (ii) Each member of the rate committee who is a state government employee and who
4893 does not receive salary, per diem, or expenses from the member's agency for the member's
4894 service on the rate committee shall receive no compensation, benefits, per diem, or expenses
4895 for the member's service on the rate committee.
4896 (d) The department shall provide staff services to the rate committee.
4897 (4) (a) The department shall submit to the rate committee a proposed rate and fee
4898 schedule for:
4899 (i) human resource management services rendered; and
4900 (ii) costs incurred by the Office of the Attorney General in defending the state in a
4901 grievance under review by the Career Service Review Office.
4902 (b) The rate committee shall:
4903 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
4904 Act;
4905 (ii) meet at least once each calendar year to:
4906 (A) discuss the service performance of each internal service fund;
4907 (B) review the proposed rate and fee schedules;
4908 (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
4909 schedules described in Subsection (4)(b)(ii)(B); and
4910 (D) discuss any prior or potential adjustments to the service level received by state
4911 agencies that pay rates to an internal service fund;
4912 (iii) recommend a proposed rate and fee schedule for the internal service fund to:
4913 (A) the Governor's Office of Management and Budget; and
4914 (B) each legislative appropriations subcommittee that, in accordance with Section
4915 63J-1-410, approves the internal service fund rates, fees, and budget; and
4916 (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
4917 department begins a new service or introduces a new product between annual general sessions
4918 of the Legislature.
4919 (c) The committee may in accordance with Subsection 63J-1-410(4) decrease a rate,
4920 fee, or amount that has been approved by the Legislature.
4921 Section 114. Section 63A-17-301, which is renumbered from Section 67-19-15 is
4922 renumbered and amended to read:
4923
4924 [
4925 civil service positions -- Coverage of career service provisions.
4926 (1) Except as otherwise provided by law or by rules and regulations established for
4927 federally aided programs, the following positions are exempt from the career service provisions
4928 of this chapter and are designated under the following schedules:
4929 (a) schedule AA includes the governor, members of the Legislature, and all other
4930 elected state officers;
4931 (b) schedule AB includes appointed executives and board or commission executives
4932 enumerated in Section 67-22-2;
4933 (c) schedule AC includes all employees and officers in:
4934 (i) the office and at the residence of the governor;
4935 (ii) the Public Lands Policy Coordinating Council;
4936 (iii) the Office of the State Auditor; and
4937 (iv) the Office of the State Treasurer;
4938 (d) schedule AD includes employees who:
4939 (i) are in a confidential relationship to an agency head or commissioner; and
4940 (ii) report directly to, and are supervised by, a department head, commissioner, or
4941 deputy director of an agency or its equivalent;
4942 (e) schedule AE includes each employee of the State Board of Education that the State
4943 Board of Education designates as exempt from the career service provisions of this chapter;
4944 (f) schedule AG includes employees in the Office of the Attorney General who are
4945 under their own career service pay plan under Sections 67-5-7 through 67-5-13;
4946 (g) schedule AH includes:
4947 (i) teaching staff of all state institutions; and
4948 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
4949 (A) educational interpreters as classified by the [
4950 (B) educators as defined by Section 53E-8-102;
4951 (h) schedule AN includes employees of the Legislature;
4952 (i) schedule AO includes employees of the judiciary;
4953 (j) schedule AP includes all judges in the judiciary;
4954 (k) schedule AQ includes:
4955 (i) members of state and local boards and councils appointed by the governor and
4956 governing bodies of agencies;
4957 (ii) a water commissioner appointed under Section 73-5-1;
4958 (iii) other local officials serving in an ex officio capacity; and
4959 (iv) officers, faculty, and other employees of state universities and other state
4960 institutions of higher education;
4961 (l) schedule AR includes employees in positions that involve responsibility:
4962 (i) for determining policy;
4963 (ii) for determining the way in which a policy is carried out; or
4964 (iii) of a type not appropriate for career service, as determined by the agency head with
4965 the concurrence of the executive director;
4966 (m) schedule AS includes any other employee:
4967 (i) whose appointment is required by statute to be career service exempt;
4968 (ii) whose agency is not subject to this chapter; or
4969 (iii) whose agency has authority to make rules regarding the performance,
4970 compensation, and bonuses for its employees;
4971 (n) schedule AT includes employees of the [
4972 Services, designated as executive/professional positions by the [
4973 [
4974 of the division;
4975 (o) schedule AU includes patients and inmates employed in state institutions;
4976 (p) employees of the Department of Workforce Services, designated as schedule AW:
4977 (i) who are temporary employees that are federally funded and are required to work
4978 under federally qualified merit principles as certified by the director; or
4979 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
4980 based, and who voluntarily apply for and are accepted by the Department of Workforce
4981 Services to work in a pay for performance program designed by the Department of Workforce
4982 Services with the concurrence of the [
4983 (q) for employees in positions that are temporary, seasonal, time limited, funding
4984 limited, or variable hour in nature, under schedule codes and parameters established by the
4985 [
4986 (2) The civil service shall consist of two schedules as follows:
4987 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
4988 (ii) Removal from any appointive position under schedule A, unless otherwise
4989 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
4990 (b) Schedule B is the competitive career service schedule, consisting of:
4991 (i) all positions filled through competitive selection procedures as defined by the
4992 [
4993 (ii) positions filled through a [
4994 intended to appoint a qualified person with a disability, or a veteran in accordance with Title
4995 71, Chapter 10, Veterans Preference.
4996 (3) (a) The [
4997 executive branch departments and agencies and with the approval of the governor, shall
4998 allocate positions to the appropriate schedules under this section.
4999 (b) Agency heads shall make requests and obtain approval from the [
5000 director before changing the schedule assignment and tenure rights of any position.
5001 (c) Unless the [
5002 [
5003 (4) (a) Compensation for employees of the Legislature shall be established by the
5004 directors of the legislative offices in accordance with Section 36-12-7.
5005 (b) Compensation for employees of the judiciary shall be established by the state court
5006 administrator in accordance with Section 78A-2-107.
5007 (c) Compensation for officers, faculty, and other employees of state universities and
5008 institutions of higher education shall be established as provided in Title 53B, Chapter 1,
5009 Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
5010 Higher Education.
5011 (d) Unless otherwise provided by law, compensation for all other schedule A
5012 employees shall be established by their appointing authorities, within ranges approved by, and
5013 after consultation with the [
5014
5015 (5) An employee who is in a position designated schedule AC and who holds career
5016 service status on June 30, 2010, shall retain the career service status if the employee:
5017 (a) remains in the position that the employee is in on June 30, 2010; and
5018 (b) does not elect to convert to career service exempt status in accordance with a rule
5019 made by the [
5020 Section 115. Section 63A-17-302, which is renumbered from Section 67-19-15.1 is
5021 renumbered and amended to read:
5022 [
5023 AD and AR employees.
5024 (1) As used in this section, "appointee" means:
5025 (a) a deputy director;
5026 (b) a division director;
5027 (c) any assistant directors and administrative assistants who report directly to a
5028 department head, deputy director, or their equivalent; and
5029 (d) any other person whose appointment is required by law to be approved by the
5030 governor.
5031 (2) After the effective date of this chapter, any new appointee is a merit exempt
5032 employee.
5033 (3) Notwithstanding the requirements of this chapter, any appointee who is currently a
5034 nonexempt employee does not lose that nonexempt status because of this chapter.
5035 (4) The [
5036 financial and other incentives to encourage appointees who are nonexempt to voluntarily
5037 convert to merit exempt status.
5038 Section 116. Section 63A-17-303, which is renumbered from Section 67-19-15.6 is
5039 renumbered and amended to read:
5040 [
5041 (1) Except for those employees in schedules AB and AN, as provided under Section
5042 [
5043 an employee shall receive an increase in salary of 2.75% if that employee:
5044 (a) holds a position under schedule A or B as provided under Section [
5045 63A-17-301;
5046 (b) has reached the maximum of the salary range in the position classification;
5047 (c) has been employed with the state for eight years; and
5048 (d) is rated eligible in job performance under guidelines established by the executive
5049 director.
5050 (2) Any employee who meets the criteria under Subsection (1) is entitled to the same
5051 increase in salary for each additional three years of employment if the employee maintains the
5052 eligibility standards established by the [
5053 Section 117. Section 63A-17-304, which is renumbered from Section 67-19-15.7 is
5054 renumbered and amended to read:
5055 [
5056 adjustment.
5057 (1) (a) If an employee is promoted or the employee's position is reclassified to a higher
5058 salary range maximum, the agency shall place the employee within the new range of the
5059 position.
5060 (b) An agency may not set an employee's salary:
5061 (i) higher than the maximum in the new salary range; and
5062 (ii) lower than the minimum in the new salary range of the position.
5063 (c) Except for an employee described in Subsection [
5064 agency shall grant a salary increase of at least 5% to an employee who is promoted.
5065 (2) An agency shall adjust the salary range for an employee whose salary range is
5066 approved by the Legislature for a market comparability adjustment consistent with Subsection
5067 [
5068 (a) at the beginning of the next fiscal year; and
5069 (b) consistent with appropriations made by the Legislature.
5070 (3) [
5071 that result in consolidation or reduction of class titles or broadening of pay ranges:
5072 (a) may not be regarded as a reclassification of the position or promotion of the
5073 employee; and
5074 (b) are exempt from the provisions of Subsection (1).
5075 Section 118. Section 63A-17-305, which is renumbered from Section 67-19-16 is
5076 renumbered and amended to read:
5077 [
5078 -- Hiring lists -- Probationary service -- Dismissal.
5079 (1) Each appointment to a position under Schedule B shall be made from hiring lists of
5080 applicants who have been selected by competitive procedures as defined by the [
5081 director.
5082 (2) The [
5083 service positions:
5084 (a) for periods of time to be determined by the [
5085 (b) in a manner designed to attract the highest number of qualified applicants.
5086 (3) The [
5087 development, approval, and implementation of examining processes, including establishing a
5088 department approved on the job examination to appoint a qualified person with a disability.
5089 (4) Applicants for employment to Schedule B positions shall be eligible for
5090 appointment based upon rules established by the [
5091 (5) (a) The agency head shall make appointments to fill vacancies from hiring lists for
5092 probationary periods as defined by rule.
5093 (b) The [
5094 (6) A person serving a probationary period may not use the grievance procedures
5095 provided in this chapter and in [
5096 Grievances, and may be dismissed at any time by the appointing officer without hearing or
5097 appeal.
5098 (7) Career service status shall be granted upon the successful completion of the
5099 probationary period.
5100 Section 119. Section 63A-17-306, which is renumbered from Section 67-19-18 is
5101 renumbered and amended to read:
5102 [
5103 action -- Procedure -- Reductions in force.
5104 (1) A career service employee may be dismissed or demoted:
5105 (a) to advance the good of the public service; or
5106 (b) for just causes, including inefficiency, incompetency, failure to maintain skills or
5107 adequate performance levels, insubordination, disloyalty to the orders of a superior,
5108 misfeasance, malfeasance, or nonfeasance in office.
5109 (2) An employee may not be dismissed because of race, sex, age, disability, national
5110 origin, religion, political affiliation, or other nonmerit factor including the exercise of rights
5111 under this chapter.
5112 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5113 [
5114 requirements of disciplinary dismissals and demotions.
5115 (4) If an agency head finds that a career service employee is charged with aggravated
5116 misconduct or that retention of a career service employee would endanger the peace and safety
5117 of others or pose a grave threat to the public interest, the employee may be suspended pending
5118 the administrative appeal to the department head as provided in Subsection (5).
5119 (5) (a) A career service employee may not be demoted or dismissed unless the
5120 department head or designated representative has complied with this subsection.
5121 (b) The department head or designated representative notifies the employee in writing
5122 of the reasons for the dismissal or demotion.
5123 (c) The employee has no less than five working days to reply and have the reply
5124 considered by the department head.
5125 (d) The employee has an opportunity to be heard by the department head or designated
5126 representative.
5127 (e) Following the hearing, the employee may be dismissed or demoted if the
5128 department head finds adequate cause or reason.
5129 (6) (a) Reductions in force required by inadequate funds, change of workload, or lack
5130 of work are governed by retention points established by the [
5131 (b) Under those circumstances:
5132 (i) The agency head shall designate the category of work to be eliminated, subject to
5133 review by the [
5134 (ii) Temporary and probationary employees shall be separated before any career service
5135 employee.
5136 (iii) (A) When more than one career service employee is affected, the employees shall
5137 be separated in the order of their retention points, the employee with the lowest points to be
5138 discharged first.
5139 (B) Retention points for each career service employee shall be computed according to
5140 rules established by the [
5141 and seniority in state government, including any active duty military service fulfilled
5142 subsequent to original state appointment.
5143 (c) (i) A career service employee who is separated in a reduction in force under this
5144 section shall be given preferential consideration when applying for a career service position.
5145 (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
5146 career service employee accepts a career service position.
5147 (iii) The [
5148 Utah Administrative Rulemaking Act, concerning the manner of granting preferential
5149 consideration under Subsection (6)(c)(i).
5150 (d) (i) An employee separated due to a reduction in force may appeal to the department
5151 head for an administrative review.
5152 (ii) The notice of appeal must be submitted within 20 working days after the
5153 employee's receipt of written notification of separation.
5154 (iii) The employee may appeal the decision of the department head according to the
5155 grievance and appeals procedure of this chapter [
5156 including Part 6, Complaints and Grievances.
5157 Section 120. Section 63A-17-307, which is renumbered from Section 67-19-12 is
5158 renumbered and amended to read:
5159 [
5160 Exemptions -- Duties of director.
5161 (1) (a) This section, and the rules adopted by the [
5162 this section, apply to each career and noncareer employee not specifically exempted under
5163 Subsection (2).
5164 (b) If not exempted under Subsection (2), an employee is considered to be in classified
5165 service.
5166 (2) The following employees are exempt from this section:
5167 (a) members of the Legislature and legislative employees;
5168 (b) members of the judiciary and judicial employees;
5169 (c) elected members of the executive branch and employees designated as schedule AC
5170 as provided under Subsection [
5171 (d) employees of the State Board of Education;
5172 (e) officers, faculty, and other employees of state institutions of higher education;
5173 (f) employees in a position that is specified by statute to be exempt from this
5174 Subsection (2);
5175 (g) employees in the Office of the Attorney General;
5176 (h) department heads and other persons appointed by the governor under statute;
5177 (i) schedule AS employees as provided under Subsection [
5178 63A-17-301(1)(m);
5179 (j) department deputy directors, division directors, and other employees designated as
5180 schedule AD as provided under Subsection [
5181 (k) employees that determine and execute policy designated as schedule AR as
5182 provided under Subsection [
5183 (l) teaching staff, educational interpreters, and educators designated as schedule AH as
5184 provided under Subsection [
5185 (m) temporary employees described in Subsection [
5186 (n) patients and inmates designated as schedule AU as provided under Subsection
5187 [
5188 (o) members of state and local boards and councils and other employees designated as
5189 schedule AQ as provided under Subsection [
5190 (3) (a) The [
5191 classification plan for each employee position not exempted under Subsection (2) to provide
5192 equal pay for equal work.
5193 (b) Classification of positions shall be based upon similarity of duties performed and
5194 responsibilities assumed, so that the same job requirements and the same salary range may be
5195 applied equitably to each position in the same class.
5196 (c) The [
5197 classified service to one of the classes in the classification plan.
5198 (d) (i) The [
5199 provide that the classification plan remains reasonably current and reflects the duties and
5200 responsibilities assigned to and performed by employees.
5201 (ii) The [
5202 considering factors such as changes in duties and responsibilities of positions or agency
5203 reorganizations.
5204 (4) (a) With the approval of the executive director and the governor, the [
5205 director shall develop and adopt pay plans for each position in classified service.
5206 (b) The [
5207 funds permit, comparability of state salary ranges to the market using data obtained from
5208 private enterprise and other public employment for similar work.
5209 (c) The [
5210 (i) [
5211 (A) permit adequate salary differential among the various classes of positions in the
5212 classification plan; and
5213 (B) reflect the normal growth and productivity potential of employees in that class.
5214 (ii) The [
5215 (d) The establishing of a salary range is a nondelegable activity and is not appealable
5216 under the grievance procedures of [
5217
5218 Provisions, or otherwise.
5219 (e) The [
5220 (i) agency approved salary adjustments within approved salary ranges, including an
5221 administrative salary adjustment;
5222 (ii) legislatively approved salary adjustments within approved salary ranges, including
5223 a merit increase, subject to Subsection (4)(f), or general increase; and
5224 (iii) structure adjustments that modify salary ranges, including a cost of living
5225 adjustment or market comparability adjustment.
5226 (f) A merit increase shall be granted on a uniform and consistent basis to each
5227 employee who receives a rating of "successful" or higher in an annual evaluation of the
5228 employee's productivity and performance.
5229 (5) (a) [
5230 an annual compensation plan to the executive director and the governor for consideration in the
5231 executive budget.
5232 (b) The plan described in Subsection (5)(a) may include recommendations, including:
5233 (i) salary increases that generally affect employees, including a general increase or
5234 merit increase;
5235 (ii) salary increases that address compensation issues unique to an agency or
5236 occupation;
5237 (iii) structure adjustments, including a cost of living adjustment or market
5238 comparability adjustment; or
5239 (iv) changes to employee benefits.
5240 (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the [
5241 incorporate the results of a salary survey of a reasonable cross section of comparable positions
5242 in private and public employment in the state into the annual compensation plan.
5243 (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
5244 correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
5245 53-6-102, shall at minimum include the three largest political subdivisions in the state that
5246 employ, respectively, comparable positions.
5247 (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
5248 Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
5249 Insurance Corporation, Federal Reserve, and National Credit Union Administration.
5250 (ii) The [
5251 by other public and private employers.
5252 (iii) The [
5253 the survey from the Division of Workforce Information and Payment Services and shall include
5254 employer name, number of persons employed by the employer, employer contact information
5255 and job titles, county code, and salary if available.
5256 (iv) The [
5257 compliance with the provisions of Section 35A-4-312.
5258 (d) The [
5259 described in Subsection (5)(a), including information on staff turnover, recruitment data, or
5260 external market trends.
5261 (e) The [
5262 (i) establish criteria to assure the adequacy and accuracy of data used to make
5263 recommendations described in this Subsection (5); and
5264 (ii) when preparing recommendations use accepted methodologies and techniques
5265 similar to and consistent with those used in the private sector.
5266 (f) (i) Upon request and subject to Subsection (5)(f)(ii), the [
5267 make available foundational information used by the [
5268 drafting of a plan described in Subsection (5)(a), including:
5269 (A) demographic and labor market information;
5270 (B) information on employee turnover;
5271 (C) salary information;
5272 (D) information on recruitment; and
5273 (E) geographic data.
5274 (ii) The [
5275 or other data that is proprietary or otherwise protected under the terms of a contract or by law.
5276 (g) The governor shall:
5277 (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
5278 preparing the executive budget and shall recommend the method of distributing the
5279 adjustments;
5280 (ii) submit compensation recommendations to the Legislature; and
5281 (iii) support the recommendation with schedules indicating the cost to individual
5282 departments and the source of funds.
5283 (h) If funding is approved by the Legislature in a general appropriations act, the
5284 adjustments take effect on the July 1 following the enactment unless otherwise indicated.
5285 (6) (a) The [
5286 including awards for cost saving actions, awards for commendable actions by an employee, or
5287 a market-based award to attract or retain employees.
5288 (b) An agency may not grant a market-based award unless the award is previously
5289 approved by the [
5290 (c) In accordance with Subsection (6)(b), an agency requesting the [
5291 division's approval of a market-based award shall submit a request and documentation, subject
5292 to Subsection (6)(d), to the [
5293 (d) In the documentation required in Subsection (6)(c), the requesting agency shall
5294 identify for the [
5295 (i) any benefit the market-based award would provide for the agency, including:
5296 (A) budgetary advantages; or
5297 (B) recruitment advantages;
5298 (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
5299 or
5300 (iii) any other advantage the agency would gain through the utilization of a
5301 market-based award.
5302 (7) (a) The [
5303 of state employees in the classified service.
5304 (b) The [
5305 those offered by other private and public employers using information from:
5306 (i) a study conducted by a third-party consultant; or
5307 (ii) the most recent edition of a nationally recognized benefits survey.
5308 Section 121. Section 63A-17-401, which is renumbered from Section 67-19-13 is
5309 renumbered and amended to read:
5310
5311 [
5312 eligibility by the director.
5313 (1) The [
5314 with this chapter and [
5315 (2) No new employee shall be hired in a position covered by this chapter, and no
5316 employee shall be changed in pay, title or status, nor shall any employee be paid unless
5317 certified by the [
5318
5319 Section 122. Section 63A-17-402, which is renumbered from Section 67-19-13.5 is
5320 renumbered and amended to read:
5321 [
5322 branch agencies -- Report.
5323 (1) As used in this section:
5324 (a) (i) "Executive branch entity" means a department, division, agency, board, or office
5325 within the executive branch of state government that employs a person who is paid through the
5326 central payroll system developed by the Division of Finance as of December 31, 2011.
5327 (ii) "Executive branch entity" does not include:
5328 (A) the Office of the Attorney General;
5329 (B) the Office of the State Treasurer;
5330 (C) the Office of the State Auditor;
5331 (D) the Department of Transportation;
5332 (E) the [
5333 (F) the Department of Public Safety;
5334 (G) the Department of Natural Resources; or
5335 (H) the Utah Schools for the Deaf and the Blind.
5336 (b) (i) "Payroll services" means using the central payroll system as directed by the
5337 Division of Finance to:
5338 (A) enter and validate payroll reimbursements, which include reimbursements for
5339 mileage, a service award, and other wage types;
5340 (B) calculate, process, and validate a retirement;
5341 (C) enter a leave adjustment; and
5342 (D) certify payroll by ensuring an entry complies with a rule or policy adopted by the
5343 department or the Division of Finance.
5344 (ii) "Payroll services" does not mean:
5345 (A) a function related to payroll that is performed by an employee of the Division of
5346 Finance;
5347 (B) a function related to payroll that is performed by an executive branch agency on
5348 behalf of a person who is not an employee of the executive branch agency;
5349 (C) the entry of time worked by an executive branch agency employee into the central
5350 payroll system; or
5351 (D) approval or verification by a supervisor or designee of the entry of time worked.
5352 (2) The [
5353 entities.
5354 (3) After September 19, 2012, an executive branch entity, other than the [
5355 division or the Division of Finance, may not create a full-time equivalent position or part-time
5356 position, or request an appropriation to fund a full-time equivalent position or part-time
5357 position for the purpose of providing payroll services to the entity.
5358 Section 123. Section 63A-17-403, which is renumbered from Section 67-19-42 is
5359 renumbered and amended to read:
5360 [
5361 The Division of Finance shall, at least annually, plainly disclose to all state employees
5362 the costs of compensation and benefits that are paid by the state in dollar figures.
5363 Section 124. Section 63A-17-501 is enacted to read:
5364
5365 63A-17-501. Definitions.
5366 As used in this part:
5367 (1) "Continuing medical and life insurance benefits" means the state provided policy of
5368 medical insurance and the state provided portion of a policy of life insurance, each offered at
5369 the same:
5370 (a) benefit level and the same proportion of state/member participation in the total
5371 premium costs as an active member as defined in Section 49-11-102; and
5372 (b) coverage level for a member, two person, or family policy as provided to the
5373 member at the time of retirement.
5374 (2) "Converted sick leave" means leave that has been converted from unused sick leave
5375 in accordance with Section 63A-17-506 which may be used by an employee in the same
5376 manner as:
5377 (a) annual leave;
5378 (b) sick leave; or
5379 (c) unused accumulated sick leave after the employee's retirement for the purchase of
5380 continuing medical and life insurance benefits under Sections 63A-17-507, 63A-17-508, and
5381 63A-17-1004.
5382 Section 125. Section 63A-17-502, which is renumbered from Section 67-19-6.7 is
5383 renumbered and amended to read:
5384 [
5385 (1) As used in this section:
5386 (a) "Accrued overtime hours" means:
5387 (i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
5388 of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
5389 state employee who accrued them; and
5390 (ii) for exempt employees, overtime hours earned during an overtime year.
5391 (b) "Appointed official" means:
5392 (i) each department executive director and deputy director, each division director, and
5393 each member of a board or commission; and
5394 (ii) any other person employed by a department who is appointed by, or whose
5395 appointment is required by law to be approved by, the governor and who:
5396 (A) is paid a salary by the state; and
5397 (B) who exercises managerial, policy-making, or advisory responsibility.
5398 (c) "Department" means the Department of [
5399 Operations, the Department of Corrections, the Department of Financial Institutions, the
5400 Department of Alcoholic Beverage Control, the Insurance Department, the Public Service
5401 Commission, the Labor Commission, the Department of Agriculture and Food, the Department
5402 of Human Services, the Department of Natural Resources, [
5403
5404 Workforce Services, the State Tax Commission, the Department of Heritage and Arts, the
5405 Department of Health, the National Guard, the Department of Environmental Quality, the
5406 Department of Public Safety, [
5407 Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the
5408 Office of the Attorney General, merit employees in the Office of the State Treasurer, merit
5409 employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and
5410 the Board of Pardons and Parole.
5411 (d) "Elected official" means any person who is an employee of the state because the
5412 person was elected by the registered voters of Utah to a position in state government.
5413 (e) "Exempt employee" means a state employee who is exempt as defined by the Fair
5414 Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5415 (f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5416 (g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
5417 Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
5418 compensation the nonexempt employee will receive for overtime.
5419 (h) "Nonexempt employee" means a state employee who is nonexempt as defined by
5420 the [
5421 (i) "Overtime" means actual time worked in excess of the employee's defined work
5422 period.
5423 (j) "Overtime year" means the year determined by a department under Subsection
5424 (4)(b) at the end of which an exempt employee's accrued overtime lapses.
5425 (k) "State employee" means every person employed by a department who is not:
5426 (i) an appointed official;
5427 (ii) an elected official; or
5428 (iii) a member of a board or commission who is paid only for per diem or travel
5429 expenses.
5430 (l) "Uniform annual date" means the date when an exempt employee's accrued
5431 overtime lapses.
5432 (m) "Work period" means:
5433 (i) for all nonexempt employees, except law enforcement and hospital employees, a
5434 consecutive seven day 24 hour work period of 40 hours;
5435 (ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
5436 (iii) for nonexempt law enforcement and hospital employees, the period established by
5437 each department by rule for those employees according to the requirements of the Fair Labor
5438 Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5439 (2) Each department shall compensate each state employee who works overtime by
5440 complying with the requirements of this section.
5441 (3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
5442 nonexempt employee.
5443 (b) In the FLSA agreement, the nonexempt employee shall elect either to be
5444 compensated for overtime by:
5445 (i) taking time off work at the rate of one and one-half hour off for each overtime hour
5446 worked; or
5447 (ii) being paid for the overtime worked at the rate of one and one-half times the rate per
5448 hour that the state employee receives for nonovertime work.
5449 (c) Any nonexempt employee who elects to take time off under this Subsection (3)
5450 shall be paid for any overtime worked in excess of the cap established by the [
5451
5452 (d) Before working any overtime, each nonexempt employee shall obtain authorization
5453 to work overtime from the employee's immediate supervisor.
5454 (e) Each department shall:
5455 (i) for employees who elect to be compensated with time off for overtime, allow
5456 overtime earned during a fiscal year to be accumulated; and
5457 (ii) for employees who elect to be paid for overtime worked, pay them for overtime
5458 worked in the paycheck for the pay period in which the employee worked the overtime.
5459 (f) If [
5460 department shall charge that payment to [
5461 (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
5462 overtime hours for nonexempt employees and charge that total against the appropriate fund or
5463 subfund.
5464 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
5465 compensate exempt employees who work overtime by granting them time off at the rate of one
5466 hour off for each hour of overtime worked.
5467 (ii) The [
5468 division may grant limited exceptions to this requirement, where work circumstances dictate,
5469 by authorizing a department to pay employees for overtime worked at the rate per hour that the
5470 employee receives for nonovertime work, if [
5471 (b) (i) Each department shall:
5472 (A) establish in its written human resource policies a uniform annual date for each
5473 division that is at the end of any pay period; and
5474 (B) communicate the uniform annual date to its employees.
5475 (ii) If any department fails to establish a uniform annual date as required by this
5476 Subsection (4), the [
5477 division, in conjunction with the director of the Division of Finance, shall establish the date for
5478 that department.
5479 (c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
5480 benefit, and is not a vested right.
5481 (ii) A court may not construe the overtime for exempt employees authorized by this
5482 Subsection (4) as an entitlement, a benefit, or as a vested right.
5483 (d) At the end of the overtime year, upon transfer to another department at any time,
5484 and upon termination, retirement, or other situations where the employee will not return to
5485 work before the end of the overtime year:
5486 (i) any of an exempt employee's overtime that is more than the maximum established
5487 by [
5488 (ii) unless authorized by the [
5489
5490 the exempt employee for that lapsed overtime by paying the employee for the overtime or by
5491 granting the employee time off for the lapsed overtime.
5492 (e) Before working any overtime, each exempt employee shall obtain authorization to
5493 work overtime from the exempt employee's immediate supervisor.
5494 (f) If [
5495 from the [
5496 division, that department shall charge that payment to [
5497 period earned.
5498 (5) The [
5499 (a) ensure that the provisions of the FLSA and this section are implemented throughout
5500 state government;
5501 (b) determine, for each state employee, whether that employee is exempt, nonexempt,
5502 law enforcement, or has some other status under the FLSA;
5503 (c) in coordination with modifications to the systems operated by the Division of
5504 Finance, make rules:
5505 (i) establishing procedures for recording overtime worked that comply with FLSA
5506 requirements;
5507 (ii) establishing requirements governing overtime worked while traveling and
5508 procedures for recording that overtime that comply with FLSA requirements;
5509 (iii) establishing requirements governing overtime worked if the employee is "on call"
5510 and procedures for recording that overtime that comply with FLSA requirements;
5511 (iv) establishing requirements governing overtime worked while an employee is being
5512 trained and procedures for recording that overtime that comply with FLSA requirements;
5513 (v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
5514 employee may accrue before a department is required to pay the employee for the overtime
5515 worked;
5516 (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
5517 exempt employee that do not lapse; and
5518 (vii) establishing procedures for adjudicating appeals of any FLSA determinations
5519 made by the [
5520 section;
5521 (d) monitor departments for compliance with the FLSA; and
5522 (e) recommend to the Legislature and the governor any statutory changes necessary
5523 because of federal government action.
5524 (6) (a) In coordination with the procedures for recording overtime worked established
5525 in rule by the [
5526 shall modify its payroll and human resource systems to accommodate those procedures.
5527 [
5528 Administrative Procedures Act, Section [
5529 63A-17-608, any employee who is aggrieved by the FLSA designation made by the
5530 [
5531 that determination to the [
5532
5533 [
5534 [
5535 notify the executive director of the employee's department that the appeal has been filed.
5536 [
5537
5538 determination to the Department of Labor, Wage and Hour Division, according to the
5539 procedures and requirements of federal law.
5540 Section 126. Section 63A-17-503, which is renumbered from Section 67-19-12.7 is
5541 renumbered and amended to read:
5542 [
5543 deferred compensation plan.
5544 (1) The [
5545 upon termination of employment or retirement, elect to convert any unused annual leave into
5546 any of the employee's designated deferred compensation accounts that:
5547 (a) are sponsored by the Utah State Retirement Board; and
5548 (b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
5549 (2) Any annual leave converted under Subsection (1) shall be converted into the
5550 employee's deferred compensation account at the employee's pay rate at the time of termination
5551 or retirement.
5552 (3) No employee may convert hours of accrued annual leave to the extent that any
5553 hours so converted would exceed the maximum amount authorized by the Internal Revenue
5554 Code for each calendar year.
5555 Section 127. Section 63A-17-504, which is renumbered from Section 67-19-12.9 is
5556 renumbered and amended to read:
5557 [
5558 conversion to deferred compensation plan.
5559 (1) If the Legislature in an annual appropriations act with accompanying intent
5560 language specifically authorizes and fully funds the estimated costs of this use, the
5561 [
5562 calendar year, to elect to convert up to 20 hours of annual leave, in whole hour increments not
5563 to exceed $250 in value, into any of the employee's designated deferred compensation accounts
5564 that:
5565 (a) are sponsored by the Utah State Retirement Board; and
5566 (b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
5567 (2) Any annual leave converted under Subsection (1) shall be:
5568 (a) converted into the employee's deferred compensation account at the employee's pay
5569 rate at the time of conversion; and
5570 (b) calculated in the last pay period of the leave year as determined by the Division of
5571 Finance.
5572 (3) An employee may not convert hours of accrued annual leave to the extent that any
5573 hours converted would:
5574 (a) exceed the maximum amount authorized by the Internal Revenue Code for the
5575 calendar year; or
5576 (b) cause the employee's balance of accumulated annual leave to drop below the
5577 maximum accrual limit provided by rule.
5578 Section 128. Section 63A-17-505, which is renumbered from Section 67-19-14 is
5579 renumbered and amended to read:
5580 [
5581 programs -- Rulemaking.
5582 [
5583 [
5584
5585
5586 [
5587
5588 [
5589
5590 [
5591
5592
5593 [
5594 [
5595 [
5596
5597
5598 [
5599 Act, the [
5600 (a) for the procedures to implement the provisions of this section through Section
5601 [
5602 (b) to establish the maximum number of hours of converted sick leave an employee
5603 may accrue.
5604 [
5605 for employee sick leave and converted sick leave as necessary to implement the provisions of
5606 this section through Section [
5607 Section 129. Section 63A-17-506, which is renumbered from Section 67-19-14.1 is
5608 renumbered and amended to read:
5609 [
5610 Converted sick leave hours that are not used prior to an employee's retirement date shall
5611 be used under the:
5612 (1) Unused Sick Leave Retirement Option Program I under Section [
5613 63A-17-507 if earned prior to January 1, 2006, unless the transfer is made under Subsection
5614 [
5615 (2) Unused Sick Leave Retirement Option Program II under Section [
5616 63A-17-508 if earned on or after January 1, 2006.
5617 Section 130. Section 63A-17-507, which is renumbered from Section 67-19-14.2 is
5618 renumbered and amended to read:
5619 [
5620 I -- Creation -- Payout upon eligibility for allowance -- Continuing medical and life
5621 insurance benefits after retirement.
5622 (1) (a) There is created the "Unused Sick Leave Retirement Option Program I."
5623 (b) An agency may offer the Unused Sick Leave Retirement Option Program I to an
5624 employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
5625 State Retirement and Insurance Benefit Act.
5626 (2) The Unused Sick Leave Retirement Option Program I provides that upon becoming
5627 eligible to receive a retirement allowance an employee who was employed by the state prior to
5628 January 1, 2006:
5629 (a) receives a contribution under Subsection (3) for 25% of the employee's unused
5630 accumulated sick leave accrued prior to January 1, 2006, at the employee's rate of pay at the
5631 time of retirement; and
5632 (b) may purchase additional continuing medical and life insurance benefits in
5633 accordance with Subsection (4).
5634 (3) (a) Subject to federal requirements and limitations, the contribution under
5635 Subsection (2)(a) shall be transferred directly to the employee's defined contribution plan
5636 qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
5637 State Retirement Board.
5638 (b) If the amount calculated under Subsection (2)(a) exceeds the federal contribution
5639 limitations, the employee's unused accumulated sick leave hours representing the excess shall
5640 be used for the purchase of continuing medical and life insurance benefits under Subsection
5641 (4).
5642 (4) (a) An employee may purchase continuing medical and life insurance benefits, at
5643 the rate of one month's coverage per policy for eight hours of unused sick leave remaining after
5644 the contribution of unused sick leave under Subsection (2)(a).
5645 (b) The medical coverage level for member, two person, or family coverage that is
5646 provided to the member at the time of retirement is the maximum coverage level available to
5647 the member under this program.
5648 (c) The purchase of continuing medical and life insurance benefits at the rate provided
5649 under Subsection (4)(a) may be used by the employee to extend coverage:
5650 (i) until the employee reaches the age of eligibility for Medicare; or
5651 (ii) if the employee has reached the age of eligibility for Medicare, continuing medical
5652 benefits for the employee's spouse may be purchased until the employee's spouse reaches the
5653 age of eligibility for Medicare.
5654 (d) An employee and the employee's spouse who are or who later become eligible for
5655 Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage
5656 for eight hours of the employee's unused sick leave per person.
5657 (5) (a) The continuing medical and life insurance benefits purchased by an employee
5658 under Subsection (4):
5659 (i) may not be suspended or deferred for future use; and
5660 (ii) continues in effect until exhausted.
5661 (b) An employer participating in the Program I benefits under this section may not
5662 provide medical or life insurance benefits to a person who is:
5663 (i) reemployeed after retirement; and
5664 (ii) receiving benefits under this section.
5665 Section 131. Section 63A-17-508, which is renumbered from Section 67-19-14.4 is
5666 renumbered and amended to read:
5667 [
5668 Creation -- Remuneration upon eligibility for allowance -- Medical expense account after
5669 retirement.
5670 (1) (a) There is created the "Unused Sick Leave Retirement Program II."
5671 (b) An agency shall offer the Unused Sick Leave Retirement Option Program II to an
5672 employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
5673 State Retirement and Insurance Benefit Act.
5674 (c) An employee who is participating in the Unused Sick Leave Retirement Program I
5675 under Section [
5676 transfer all unused sick leave hours which shall include all converted sick leave hours under
5677 Section [
5678 under this section.
5679 (2) (a) The Unused Sick Leave Retirement Program II provides that upon becoming
5680 eligible to receive a retirement allowance an employee employed by the state between January
5681 1, 2006, and January 3, 2014, shall receive remuneration for the employee's unused
5682 accumulated sick leave and converted sick leave accrued between January 1, 2006, and January
5683 3, 2014, in accordance with this section as follows:
5684 (i) subject to federal requirements and limitations, a contribution at the employee's rate
5685 of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and
5686 converted sick leave shall be transferred directly to the employee's defined contribution plan
5687 qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
5688 State Retirement Board; and
5689 (ii) participation in a benefit plan that provides for reimbursement for medical
5690 expenses using money deposited at the employee's rate of pay at the time of retirement from
5691 remaining unused accumulated sick leave and converted sick leave balances.
5692 (b) If the amount calculated under Subsection (2)(a)(i) exceeds the federal contribution
5693 limitations, the amount representing the excess shall be deposited under Subsection (2)(a)(ii).
5694 (c) An employee's rate of pay at the time of retirement for purposes of Subsection
5695 (2)(a)(ii) may not be less than the average rate of pay of state employees who retired in the
5696 same retirement system under Title 49, Utah State Retirement and Insurance Benefit Act,
5697 during the previous calendar year.
5698 (3) The Utah State Retirement Office shall develop and maintain a program to provide
5699 a benefit plan that provides for reimbursement for medical expenses under Subsection (2)(a)(ii)
5700 with money deposited under Subsection (2)(a)(ii).
5701 Section 132. Section 63A-17-509, which is renumbered from Section 67-19-14.5 is
5702 renumbered and amended to read:
5703 [
5704 (1) An employee who serves as a bone marrow donor shall be granted a paid leave of
5705 absence of up to seven days that are necessary for the donation and recovery from the donation.
5706 (2) An employee who serves as a donor of a human organ shall be granted a paid leave
5707 of absence of up to 30 days that are necessary for the donation and recovery from the donation.
5708 (3) In recognition of National Donate Life Month, 2015, created by Proclamation No.
5709 9248, 80 F.R. 18511 (April 1, 2015), the department shall distribute an electronic message to
5710 each employee during the month of April publicizing the leave offered under this section.
5711 Section 133. Section 63A-17-510, which is renumbered from Section 67-19-14.6 is
5712 renumbered and amended to read:
5713 [
5714 accrued hours -- Recognition of liability.
5715 (1) As used in this section:
5716 (a) (i) "Annual leave II" means leave hours an employing agency provides to an
5717 employee, beginning on the change date established in Subsection (2), as time off from work
5718 for personal use without affecting the employee's pay.
5719 (ii) "Annual leave II" does not include:
5720 (A) legal holidays under Section 63G-1-301;
5721 (B) time off as compensation for actual time worked in excess of an employee's
5722 defined work period;
5723 (C) sick leave;
5724 (D) paid or unpaid administrative leave; or
5725 (E) other paid or unpaid leave from work provided by state statute, administrative rule,
5726 or by federal law or regulation.
5727 (b) "Change date" means the date established by the Division of Finance under
5728 Subsection (2) when annual leave II begins for a state agency.
5729 (2) In accordance with the Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5730 the Division of Finance shall establish a date that is no later than January 2, 2016, when a state
5731 agency shall offer annual leave II in lieu of annual leave to an employee who is eligible to
5732 receive paid leave.
5733 (3) An employing agency shall allow an employee who has an unused balance of
5734 accrued annual leave before the change date, to use the annual leave under the same rules that
5735 applied to the leave on the change date.
5736 (4) (a) At the time of employee accrual of annual leave II, an employing agency shall
5737 set aside the cost of each hour of annual leave II for each eligible employee in an amount
5738 determined in accordance with rules made by the Division of Finance.
5739 (b) The rules made under Subsection (4)(a) shall consider:
5740 (i) the employee hourly rate of pay;
5741 (ii) applicable employer paid taxes that would be required if the employee was paid for
5742 the annual leave II instead of using it for time off;
5743 (iii) other applicable employer paid benefits; and
5744 (iv) adjustments due to employee hourly rate changes, including the effect on accrued
5745 annual leave II balances.
5746 (c) The Division of Finance shall provide that the amount of costs set aside under
5747 Subsection (4)(a) and deposited into the fund increase by at least the projected increase in
5748 annual leave liability for that year, until the year-end trust fund balances are reached as required
5749 under Subsection [
5750 (5) The cost set aside under Subsection (4) shall be deposited by the Division of
5751 Finance into the State Employees' Annual Leave Trust Fund created in Section [
5752 63A-17-1202.
5753 (6) For annual leave hours accrued before the change date, an employing agency shall
5754 continue to comply with the Division of Finance requirements for contributions to the
5755 termination pool.
5756 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
5757 (a) the [
5758 provided under this section; and
5759 (b) the Division of Finance shall make rules for the set aside provisions under
5760 Subsections (4) and (5).
5761 Section 134. Section 63A-17-511 (Effective 07/01/21), which is renumbered from
5762 Section 67-19-14.7 (Effective 07/01/21) is renumbered and amended to read:
5763 [
5764 recovery leave.
5765 (1) As used in this section:
5766 (a) "Eligible employee" means an employee who:
5767 (i) is in a position that receives retirement benefits under Title 49, Utah State
5768 Retirement and Insurance Benefit Act;
5769 (ii) accrues paid leave benefits that can be used in the current and future calendar years;
5770 (iii) is not reemployed as defined in Section 49-11-1202; and
5771 (iv) gives birth to a child.
5772 (b) "Postpartum recovery leave" means leave hours a state employer provides to an
5773 eligible employee to recover from childbirth.
5774 (c) "Retaliatory action" means to do any of the following to an employee:
5775 (i) dismiss the employee;
5776 (ii) reduce the employee's compensation;
5777 (iii) fail to increase the employee's compensation by an amount that the employee is
5778 otherwise entitled to or was promised;
5779 (iv) fail to promote the employee if the employee would have otherwise been
5780 promoted; or
5781 (v) threaten to take an action described in Subsections (1)(c)(i) through (iv).
5782 (d) (i) "State employer" means:
5783 (A) a state executive branch agency, including the State Tax Commission, the National
5784 Guard, and the Board of Pardons and Parole;
5785 (B) the legislative branch of the state; or
5786 (C) the judicial branch of the state.
5787 (ii) "State employer" does not include:
5788 (A) an institute of higher education;
5789 (B) the Utah Board of Higher Education;
5790 (C) the State Board of Education;
5791 (D) an independent entity as defined in Section 63E-1-102;
5792 (E) the Attorney General's Office;
5793 (F) the State Auditor's Office; or
5794 (G) the State Treasurer's Office.
5795 (2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
5796 employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
5797 week for recovery from childbirth.
5798 (b) A state employer shall allow an eligible employee who is part-time or who works in
5799 excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
5800 leave available to the eligible employee under this section on a pro rata basis as adopted by rule
5801 by the [
5802 (3) (a) Postpartum recovery leave described in Subsection (2):
5803 (i) shall be used starting on the day on which the eligible employee gives birth, unless a
5804 health care provider certifies that an earlier start date is medically necessary;
5805 (ii) shall be used in a single continuous period; and
5806 (iii) runs concurrently with any leave authorized under the Family and Medical Leave
5807 Act of 1993, 29 U.S.C. Sec. 2601 et seq.
5808 (b) The amount of postpartum recovery leave authorized under Subsection (2) does not
5809 increase if an eligible employee has more than one child born from the same pregnancy.
5810 (4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
5811 state employer notice at least 30 days before the day on which the eligible employee plans to:
5812 (i) begin using postpartum recovery leave under this section; and
5813 (ii) stop using postpartum recovery leave under this section.
5814 (b) If circumstances beyond the eligible employee's control prevent the eligible
5815 employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
5816 give each notice described in Subsection (4)(a) as soon as reasonably practicable.
5817 (5) A state employer may not charge postpartum recovery leave under this section
5818 against sick, annual, or other leave.
5819 (6) A state employer may not compensate an eligible employee for any unused
5820 postpartum recovery leave upon termination of employment.
5821 (7) (a) Following the expiration of an eligible employee's postpartum recovery leave
5822 under this section, the state employer shall ensure that the eligible employee may return to:
5823 (i) the position that the eligible employee held before using postpartum recovery leave;
5824 or
5825 (ii) a position within the state employer that is equivalent in seniority, status, benefits,
5826 and pay to the position that the eligible employee held before using postpartum recovery leave.
5827 (b) If during the time an eligible employee uses postpartum recovery leave under this
5828 section the state employer experiences a reduction in force and, as part of the reduction in
5829 force, the eligible employee would have been separated had the eligible employee not been
5830 using the postpartum recovery leave, the state employer may separate the eligible employee in
5831 accordance with any applicable process or procedure as if the eligible employee were not using
5832 the postpartum recovery leave.
5833 (8) During the time an eligible employee uses postpartum recovery leave under this
5834 section, the eligible employee shall continue to receive all employment related benefits and
5835 payments at the same level that the eligible employee received immediately before beginning
5836 the postpartum leave, provided that the eligible employee pays any required employee
5837 contributions.
5838 (9) A state employer may not:
5839 (a) interfere with or otherwise restrain an eligible employee from using postpartum
5840 recovery leave in accordance with this section; or
5841 (b) take retaliatory action against an eligible employee for using postpartum recovery
5842 leave in accordance with this section.
5843 (10) A state employer shall provide each employee written information regarding an
5844 eligible employee's right to use postpartum recovery leave under this section.
5845 (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5846 the [
5847 postpartum recovery leave under this section, including a schedule that provides paid or
5848 postpartum recovery leave for an eligible employee who is part-time or who works in excess of
5849 a 40-hour work week on a pro rata basis.
5850 Section 135. Section 63A-17-512, which is renumbered from Section 67-19-27 is
5851 renumbered and amended to read:
5852 [
5853 disability who are covered under other civil service systems.
5854 (1) As used in this section:
5855 (a) "Eligible officer" means a person who qualifies for a benefit under this section.
5856 (b) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
5857 employee of a law enforcement agency that is part of or administered by the state, and whose
5858 primary and principal duties consist of the prevention and detection of crime and the
5859 enforcement of criminal statutes of this state.
5860 (ii) "Law enforcement officer" specifically includes the following:
5861 (A) the commissioner of public safety and any member of the Department of Public
5862 Safety certified as a peace officer;
5863 (B) all persons specified in Sections 23-20-1.5 and 79-4-501;
5864 (C) investigators for the Motor Vehicle Enforcement Division;
5865 (D) special agents or investigators employed by the attorney general;
5866 (E) employees of the Department of Natural Resources designated as peace officers by
5867 law;
5868 (F) the executive director of the Department of Corrections and any correctional
5869 enforcement or investigative officer designated by the executive director and approved by the
5870 commissioner of public safety and certified by the division; and
5871 (G) correctional enforcement, investigative, or adult probation and parole officers
5872 employed by the Department of Corrections serving on or before July 1, 1993.
5873 (c) "State correctional officer" means a correctional officer as defined in Section
5874 53-13-104 who is employed by the Department of Corrections.
5875 (2) (a) A law enforcement officer or state correctional officer who is injured in the
5876 course of employment shall be given a leave of absence with 100% of the officer's regular
5877 monthly salary and benefits during the period the employee has a temporary disability.
5878 (b) The benefit provided under Subsection (2)(a):
5879 (i) shall be offset as provided under Subsection (4); and
5880 (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
5881 all offsets required under Subsection (4).
5882 (3) (a) A law enforcement officer or state correctional officer who has a total disability
5883 as defined in Section 49-21-102, shall be given a leave of absence with 100% of the officer's
5884 regular monthly salary and benefits until the officer is eligible for an unreduced retirement
5885 under Title 49, Utah State Retirement and Insurance Benefit Act, or reaches the retirement age
5886 of 62 years, whichever occurs first, if:
5887 (i) the disability is a result of an injury sustained while in the lawful discharge of the
5888 officer's duties; and
5889 (ii) the injury is the result of:
5890 (A) a criminal act upon the officer; or
5891 (B) an aircraft, vehicle, or vessel accident and the officer was not negligent in causing
5892 the accident.
5893 (b) The benefit provided under Subsection (3)(a):
5894 (i) shall be offset as provided under Subsection (4); and
5895 (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
5896 all offsets required under Subsection (4).
5897 (4) (a) The agency shall reduce or require the reimbursement of the monthly benefit
5898 provided under this section by any amount received by, or payable to, the eligible officer for
5899 the same period of time during which the eligible officer is entitled to receive a monthly
5900 disability benefit under this section.
5901 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5902 [
5903 required under Subsection (4)(a).
5904 Section 136. Section 63A-17-601, which is renumbered from Section 67-19a-101 is
5905 renumbered and amended to read:
5906
5907 [
5908 As used in this [
5909 (1) "Abusive conduct" means the same as that term is defined in Section [
5910 63A-17-801.
5911 (2) "Administrator" means the person appointed under Section [
5912 63A-17-603 to head the Career Service Review Office.
5913 (3) "Career service employee" means a person employed in career service as defined in
5914 Section [
5915 [
5916 [
5917 the authority to implement and administer the policies of an agency.
5918 [
5919 failure to discover evidence that, through due diligence, could not have been discovered in time
5920 to meet the applicable time period, misrepresentation or misconduct by the employer, or any
5921 other reason justifying equitable relief.
5922 [
5923 (a) a complaint by a career service employee concerning any matter touching upon the
5924 relationship between the employee and the employer;
5925 (b) any dispute between a career service employee and the employer;
5926 (c) a complaint by a reporting employee that a public entity has engaged in retaliatory
5927 action against the reporting employee ; and
5928 (d) a complaint that the employer subjected the employee to conditions that a
5929 reasonable person would consider intolerable, including abusive conduct.
5930 [
5931 [
5932 [
5933 [
5934 the public entity engaged in retaliatory action against the employee.
5935 [
5936 violation of Section 67-21-3:
5937 (a) dismiss the employee;
5938 (b) reduce the employee's compensation;
5939 (c) fail to increase the employee's compensation by an amount that the employee is
5940 otherwise entitled to or was promised;
5941 (d) fail to promote the employee if the employee would have otherwise been promoted;
5942 or
5943 (e) threaten to take an action described in Subsections [
5944 [
5945 (a) to whom an employee reports; or
5946 (b) who assigns and oversees an employee's work.
5947 Section 137. Section 63A-17-602, which is renumbered from Section 67-19a-102 is
5948 renumbered and amended to read:
5949 [
5950 As recognized and provided in Section [
5951 state of Utah to provide and maintain a work environment free from abusive conduct.
5952 Section 138. Section 63A-17-603, which is renumbered from Section 67-19a-201 is
5953 renumbered and amended to read:
5954 [
5955 Appointment of an administrator -- Reporting -- Qualifications.
5956 (1) There is created a Career Service Review Office.
5957 (2) (a) The governor shall appoint, with the advice and consent of the Senate, an
5958 administrator of the office.
5959 (b) The administrator shall have demonstrated an ability to administer personnel
5960 policies in performing the duties specified in this chapter.
5961 Section 139. Section 63A-17-604, which is renumbered from Section 67-19a-202 is
5962 renumbered and amended to read:
5963 [
5964 (1) The office shall serve as the final administrative body to review a grievance from a
5965 career service employee and an agency of a decision regarding:
5966 (a) a dismissal;
5967 (b) a demotion;
5968 (c) a suspension;
5969 (d) a reduction in force;
5970 (e) a dispute concerning abandonment of position;
5971 (f) a wage grievance if an employee is not placed within the salary range of the
5972 employee's current position;
5973 (g) a violation of a rule adopted under Chapter [
5974 Management Act; or
5975 (h) except as provided by Subsection (4), equitable administration of the following
5976 benefits:
5977 (i) long-term disability insurance;
5978 (ii) medical insurance;
5979 (iii) dental insurance;
5980 (iv) post-retirement health insurance;
5981 (v) post-retirement life insurance;
5982 (vi) life insurance;
5983 (vii) defined contribution retirement;
5984 (viii) defined benefit retirement; and
5985 (ix) a leave benefit.
5986 (2) The office shall serve as the final administrative body to review a grievance by a
5987 reporting employee alleging retaliatory action.
5988 (3) The office shall serve as the final administrative body to review, without an
5989 evidentiary hearing, the findings of an abusive conduct investigation described in Section
5990 [
5991 (4) The office may not review or take action on:
5992 (a) a personnel matter not listed in Subsections (1) through (3);
5993 (b) a personnel matter listed in Subsections (1) through (3) that alleges discrimination
5994 or retaliation related to a claim of discrimination that is a violation of a state or federal law for
5995 which review and action by the office is preempted by state or federal law; or
5996 (c) a personnel matter related to a claim for which an administrative review process is
5997 provided by statute and administered by:
5998 (i) the Utah State Retirement Systems under Title 49, Utah State Retirement and
5999 Insurance Benefit Act;
6000 (ii) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20,
6001 Public Employees' Benefit and Insurance Program Act; or
6002 (iii) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21,
6003 Public Employees' Long-Term Disability Act.
6004 (5) The time limits established in this chapter supersede the procedural time limits
6005 established in Title 63G, Chapter 4, Administrative Procedures Act.
6006 Section 140. Section 63A-17-605, which is renumbered from Section 67-19a-203 is
6007 renumbered and amended to read:
6008 [
6009 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6010 administrator may make rules governing:
6011 (a) definitions of terms, phrases, and words used in the grievance process established
6012 by this [
6013 (b) what matters constitute excusable neglect for purposes of the waiver of time limits
6014 established by this [
6015 (c) the application for and service of subpoenas, the service and filing of pleadings, and
6016 the issuance of rulings, orders, determinations, summary judgments, transcripts, and other legal
6017 documents necessary in grievance proceedings;
6018 (d) the use, calling, attendance, participation, and fees of witnesses in grievance
6019 proceedings;
6020 (e) continuances of grievance proceedings;
6021 (f) procedures in hearings, unless governed by Title 63G, Chapter 4, Administrative
6022 Procedures Act;
6023 (g) the presence of media representatives at grievance proceedings;
6024 (h) procedures for sealing files or making data pertaining to a grievance unavailable to
6025 the public; and
6026 (i) motions that will assist the parties in meeting the 150-day time limit.
6027 (2) The rule made under Subsection (1)(i) shall:
6028 (a) prohibit a party from filing a dispositive motion under Utah Rules of Civil
6029 Procedure, Rule 12(b)(6) or Rule 56 before an evidentiary hearing; and
6030 (b) authorize a party to file a motion before an evidentiary hearing to:
6031 (i) dismiss for lack of authority to review the grievance under Utah Rules of Civil
6032 Procedure, Rule 12(b)(1) or Rule 12(b)(2); or
6033 (ii) limit the introduction of evidence.
6034 Section 141. Section 63A-17-606, which is renumbered from Section 67-19a-204 is
6035 renumbered and amended to read:
6036 [
6037 (1) In conjunction with any inquiry, investigation, hearing, or other proceeding, the
6038 administrator may:
6039 (a) administer an oath;
6040 (b) certify an official act;
6041 (c) subpoena a witness, document, and other evidence; and
6042 (d) grant a continuance as provided by rule.
6043 (2) (a) The administrator may:
6044 (i) assign qualified, impartial hearing officers on a per case basis to adjudicate matters
6045 under the authority of the office;
6046 (ii) subpoena witnesses, documents, and other evidence in conjunction with any
6047 inquiry, investigation, hearing, or other proceeding;
6048 (iii) upon motion made by a party or person to whom the subpoena is directed and
6049 upon notice to the party who issued the subpoena, quash or modify the subpoena if it is
6050 unreasonable, requires an excessive number of witnesses, or requests evidence not relevant to
6051 any matter in issue; and
6052 (iv) act as a hearing officer if the aggrieved employee consents.
6053 (b) In selecting and assigning hearing officers under authority of this section, the
6054 administrator shall appoint hearing officers that have demonstrated by education, training, and
6055 experience the ability to adjudicate and resolve personnel administration disputes by applying
6056 employee relations principles within a large, public work force.
6057 Section 142. Section 63A-17-607, which is renumbered from Section 67-19a-205 is
6058 renumbered and amended to read:
6059 [
6060 At any point during the grievance process, the employer and the employee may
6061 mutually agree to a transfer of the employee to another equivalent position, if and to the extent
6062 that such a position is available, in accordance with department rules for transfer and
6063 reassignment.
6064 Section 143. Section 63A-17-608, which is renumbered from Section 67-19a-301 is
6065 renumbered and amended to read:
6066 [
6067 procedure.
6068 (1) This grievance procedure may only be used by career service employees who are
6069 not:
6070 (a) public applicants for a position with the state's work force;
6071 (b) public employees of the state's political subdivisions;
6072 (c) public employees covered by other grievance procedures; or
6073 (d) employees of state institutions of higher education.
6074 (2) (a) Whenever a question or dispute exists as to whether an employee is qualified to
6075 use this grievance procedure, the administrator shall resolve the question or dispute.
6076 (b) The administrator's decision under Subsection (2)(a) is reviewable only by the
6077 Court of Appeals.
6078 (3) Any career service employee may submit a grievance based upon a claim or charge
6079 of injustice or oppression, including dismissal from employment, resulting from an act,
6080 occurrence, omission, or condition for solution through the grievance procedures [
6081
6082 (4) A reporting employee who desires to bring an administrative claim of retaliatory
6083 action shall use the grievance procedure described in Section [
6084 (5) A career service employee who desires to bring a grievance described in Subsection
6085 [
6086
6087 Sections 63A-17-608 through 63A-17-617.
6088 (6) An employee who desires to initiate an administrative review challenging the
6089 findings of an abusive conduct investigation shall use and follow the procedure described in
6090 Section [
6091 Section 144. Section 63A-17-609, which is renumbered from Section 67-19a-302 is
6092 renumbered and amended to read:
6093 [
6094 (1) The administration of all grievances under Subsection [
6095 occurs on the following four levels:
6096 (a) Level 1 - the supervisor;
6097 (b) Level 2 - the division director or the director's designee;
6098 (c) Level 3 - the agency director or the director's designee; and
6099 (d) Level 4 - the office.
6100 (2) (a) Except as provided in Subsection (2)(b) and Section [
6101 an employee shall file a grievance or complaint at Level 1 and proceed through the levels of
6102 procedure within the applicable time limits provided in this chapter.
6103 (b) If a supervisor or division director is a subject of a grievance or complaint, the
6104 employee may proceed directly to Level 2 or Level 3, respectively.
6105 (3) A career service employee may advance all grievances to Level 3.
6106 (4) In accordance with Section [
6107 67-21-4, a reporting employee may file a grievance alleging retaliatory action directly at Level
6108 4.
6109 Section 145. Section 63A-17-610, which is renumbered from Section 67-19a-303 is
6110 renumbered and amended to read:
6111 [
6112 (1) For the purpose of submitting and advancing a grievance, a career service
6113 employee, or a reporting employee alleging retaliatory action, may:
6114 (a) obtain assistance by a representative of the employee's choice to act as an advocate
6115 at any level of the grievance procedure;
6116 (b) request a reasonable amount of time during work hours to confer with the
6117 representative and prepare the grievance; and
6118 (c) call other employees as witnesses at a grievance hearing.
6119 (2) The state shall allow employees to attend and testify at the grievance hearing as
6120 witnesses if the employee has given reasonable advance notice to the employee's immediate
6121 supervisor.
6122 (3) No person may take any reprisals against a career service employee or a reporting
6123 employee for:
6124 (a) use of or participation in a grievance procedure described in this chapter; or
6125 (b) representing and providing assistance to a career service employee as an advocate
6126 in accordance with Subsection (1)(a).
6127 (4) If the individual acting as an advocate for a career service employee under
6128 Subsection (1)(a) is a state employee, the individual may not receive state compensation for the
6129 time the employee spends in the course of that representation unless the individual uses
6130 approved leave during that time.
6131 (5) (a) The employing agency of an employee who files a grievance may not place
6132 grievance forms, grievance materials, correspondence about the grievance, agency and
6133 department replies to the grievance, or other documents relating to the grievance in the
6134 employee's personnel file.
6135 (b) The employing agency of an employee who files a grievance may place records of
6136 disciplinary action in the employee's personnel file.
6137 (c) If any disciplinary action against an employee is rescinded through the grievance
6138 procedures described in this chapter, the agency and the [
6139
6140 agency personnel file and central personnel file.
6141 (d) An agency may maintain a separate grievance file relating to an employee's
6142 grievance, but shall discard the file after three years.
6143 Section 146. Section 63A-17-611, which is renumbered from Section 67-19a-401 is
6144 renumbered and amended to read:
6145 [
6146 grievance by aggrieved employee -- Voluntary termination of employment -- Group
6147 grievances.
6148 (1) When a career service employee files a grievance at Level 1, as described in
6149 Section [
6150 proper levels of procedure specified in this [
6151 (2) The employee and the person to whom the grievance is directed may agree in
6152 writing to waive or extend grievance steps specified under Subsection [
6153 63A-17-612(1), (2), or (3) or the time limits specified for those grievance steps, as [
6154 described in Section [
6155 (3) Any writing made under Subsection (2) shall be submitted to the administrator.
6156 (4) Except as provided under Subsections (6) and (7), if the employee fails to advance
6157 the grievance to the next procedural step within the time limits established in this part:
6158 (a) the employee waives the right to advance the grievance or to obtain judicial review
6159 of the grievance; and
6160 (b) the grievance is considered to be settled based on the decision made at the last
6161 procedural step.
6162 (5) An employee may file a grievance for review under this [
6163 provided in Subsections (6) and (7), if the employee submits the grievance within 30 working
6164 days after:
6165 (a) the most recent event giving rise to the grievance; or
6166 (b) the employee has knowledge of the most recent event giving rise to the grievance.
6167 (6) (a) An employee may file with the office a motion for an enlargement of a time
6168 limit described in Subsection (5).
6169 (b) In determining whether to grant a motion described in Subsection (6)(a), the office
6170 shall consider, giving reasonable deference to the employee, whether:
6171 (i) the employee filed the motion before the time limit the employee seeks to enlarge;
6172 or
6173 (ii) the enlargement is necessary to remedy the employee's excusable neglect.
6174 (7) The provisions of Subsections (4) and (5) do not apply if the employee meets the
6175 requirements for excusable neglect as that term is defined in Section [
6176 (8) (a) If several employees allege the same grievance, the employees may submit a
6177 group grievance by following the procedures and requirements of this [
6178 (b) In submitting a group grievance, each aggrieved employee shall sign the grievance.
6179 (c) The administrator may not treat a group grievance as a class action, but may select
6180 one aggrieved employee's grievance and address that grievance as a test case.
6181 Section 147. Section 63A-17-612, which is renumbered from Section 67-19a-402 is
6182 renumbered and amended to read:
6183 [
6184 employee.
6185 (1) (a) Subject to the provisions and levels of procedure provided in Section
6186 [
6187 grievance in writing to:
6188 (i) the employee's supervisor; and
6189 (ii) the administrator.
6190 (b) Within five working days after receiving a written grievance, the employee's
6191 supervisor may issue a written decision on the grievance.
6192 (2) (a) If the employee's supervisor fails to respond to the grievance within five
6193 working days or if the aggrieved employee is dissatisfied with the supervisor's written decision,
6194 the employee may advance the written grievance to the employee's agency or division director
6195 within 10 working days after the expiration of the period for response or receipt of the written
6196 decision, whichever is first.
6197 (b) Within five working days after receiving the written grievance, the employee's
6198 agency or division director may issue a written response to the grievance stating the decision
6199 and the reasons for the decision.
6200 (3) (a) If the employee's agency or division director fails to respond to the grievance
6201 within five working days after its submission, or if the aggrieved employee is dissatisfied with
6202 the agency or division director's written decision, the employee may advance the written
6203 grievance to the employee's department head within 10 working days after the expiration of the
6204 period for decision or receipt of the written decision, whichever is first.
6205 (b) Within 10 working days after the employee's written grievance is submitted, the
6206 department head may issue a written response to the grievance stating the decision and the
6207 reasons for the decision.
6208 (c) The decision of the department head is final in all matters except those matters that
6209 the office may review under the authority of [
6210 63A-17-608 through 63A-17-610.
6211 (4) If the written grievance submitted to the employee's department head meets the
6212 subject matter requirements of Section [
6213 department head fails to respond to the grievance within 10 working days after submission, or
6214 if the aggrieved employee is dissatisfied with the department head's written decision, the
6215 employee may advance the written grievance to the administrator within 10 working days after
6216 the expiration of the period for decision or receipt of the written decision, whichever is first.
6217 Section 148. Section 63A-17-613, which is renumbered from Section 67-19a-402.5 is
6218 renumbered and amended to read:
6219 [
6220 employee alleging retaliatory action.
6221 (1) A reporting employee who desires to assert an administrative grievance of
6222 retaliatory action:
6223 (a) shall submit the grievance in writing within 30 days after the day on which the
6224 retaliatory action occurs;
6225 (b) is not required to comply with Section 63G-7-402 to file the grievance; and
6226 (c) is subject to the provisions of Section 67-21-4.
6227 (2) (a) When a reporting employee files a grievance with the administrator under
6228 Subsection (1), the administrator shall initially determine:
6229 (i) whether the reporting employee is entitled, under this chapter and Chapter 21, Utah
6230 Protection of Public Employees Act, to bring the grievance and use the grievance procedure;
6231 (ii) whether the office has authority to review the grievance;
6232 (iii) whether, if the alleged grievance were found to be true, the reporting employee
6233 would be entitled to relief under Subsection 67-21-3.5(2); and
6234 (iv) whether the reporting employee has been directly harmed.
6235 (b) To make the determinations described in Subsection (2)(a), the administrator may:
6236 (i) hold an initial hearing, where the parties may present oral arguments, written
6237 arguments, or both; or
6238 (ii) conduct an administrative review of the grievance.
6239 (3) (a) If the administrator holds an initial hearing, the administrator shall issue a
6240 written decision within 15 days after the day on which the hearing is adjourned.
6241 (b) If the administrator chooses to conduct an administrative review of the grievance,
6242 the administrator shall issue the written decision within 15 days after the day on which the
6243 administrator receives the grievance.
6244 (4) (a) If the administrator determines the office has authority to review the grievance,
6245 the administrator shall provide for an evidentiary hearing in accordance with Section
6246 [
6247 (b) The administrator may dismiss the grievance, without holding a hearing or taking
6248 evidence, if the administrator:
6249 (i) finds that, even if the alleged grievance were found to be true, the reporting
6250 employee would not be entitled to relief under Subsection 67-21-3.5(2); and
6251 (ii) provides the administrator's findings, in writing, to the reporting employee.
6252 (c) The office shall comply with Chapter 21, Utah Protection of Public Employees Act,
6253 in taking action under this section.
6254 (5) A decision reached by the office in reviewing a retaliatory action grievance from a
6255 reporting employee may be appealed directly to the Utah Court of Appeals.
6256 (6) (a) Except as provided in Subsection (6)(b), an appellate court may award costs and
6257 attorney fees, accrued at the appellate court level, to a prevailing employee.
6258 (b) A court may not order the office to pay costs or attorney fees under this section.
6259 Section 149. Section 63A-17-614, which is renumbered from Section 67-19a-403 is
6260 renumbered and amended to read:
6261 [
6262 Initial hearing.
6263 (1) At any time after a career service employee submits a written grievance to the
6264 administrator under Subsection [
6265 settle the grievance informally by conference, conciliation, and persuasion with the employee
6266 and the agency.
6267 (2) (a) When an employee advances a grievance to the administrator under Subsection
6268 [
6269 (i) whether the employee is a career service employee and is entitled to use the
6270 grievance system;
6271 (ii) whether the office has authority to review the grievance; and
6272 (iii) whether the employee has been directly harmed.
6273 (b) In order to make the determinations required by Subsection (2)(a), the administrator
6274 may:
6275 (i) hold an initial hearing, where the parties may present oral arguments, written
6276 arguments, or both; or
6277 (ii) conduct an administrative review of the file.
6278 (3) (a) If the administrator holds an initial hearing, the administrator shall issue a
6279 written decision within 15 days after the hearing is adjourned.
6280 (b) If the administrator chooses to conduct an administrative review of the file, the
6281 administrator shall issue the written decision within 15 days after the administrator receives the
6282 grievance.
6283 Section 150. Section 63A-17-615, which is renumbered from Section 67-19a-404 is
6284 renumbered and amended to read:
6285 [
6286 (1) If the administrator determines that the office has authority to review the grievance,
6287 the administrator shall:
6288 (a) appoint a hearing officer to adjudicate the grievance; and
6289 (b) set a date for the evidentiary hearing that is either:
6290 (i) not later than 30 days after the date the administrator determines that the office has
6291 authority to review the grievance; or
6292 (ii) at a date:
6293 (A) agreed upon by the parties and the administrator; and
6294 (B) not greater than 150 days after the date the administrator determines that the office
6295 has authority to review the grievance.
6296 (2) After the date for the evidentiary hearing has been set, the administrator or assigned
6297 hearing officer may grant each party one extension of reasonable length for extraordinary
6298 circumstances as determined by the administrator or assigned hearing officer.
6299 (3) Notwithstanding Section 63G-4-205, and in order to accommodate the 150-day
6300 time limit, the administrator may only allow a motion for discovery for production of
6301 documents, records, and evidence under Utah Rules of Civil Procedure, Rule 34.
6302 Section 151. Section 63A-17-616, which is renumbered from Section 67-19a-405 is
6303 renumbered and amended to read:
6304 [
6305 (1) The administrator may require the presence of each party, the representatives of
6306 each party, and other designated persons at a prehearing conference.
6307 (2) At the conference, the administrator may require the parties to:
6308 (a) identify which allegations are admitted and which allegations are denied;
6309 (b) submit a joint statement detailing:
6310 (i) stipulated facts that are not in dispute;
6311 (ii) the issues to be decided; and
6312 (iii) applicable laws and rules;
6313 (c) submit a list of witnesses, exhibits, and papers or other evidence that each party
6314 intends to offer as evidence; and
6315 (d) confer in an effort to resolve or settle the grievance.
6316 (3) At the conclusion of the prehearing conference, the administrator may require the
6317 parties to prepare a written statement identifying:
6318 (a) the items presented or agreed to under Subsection (2); and
6319 (b) the issues remaining to be resolved by the hearing process.
6320 (4) The prehearing conference is informal and is not open to the public or press.
6321 Section 152. Section 63A-17-617, which is renumbered from Section 67-19a-406 is
6322 renumbered and amended to read:
6323 [
6324 employee -- Hearing before hearing officer -- Evidentiary and procedural rules.
6325 (1) (a) The administrator shall record the hearing and preserve the record.
6326 (b) The recording of the proceedings and all exhibits, briefs, motions, and pleadings
6327 received by the hearing officer are the official record of the proceeding.
6328 (2) (a) The agency has the burden of proof in all grievances.
6329 (b) The agency must prove the agency's case by substantial evidence.
6330 (3) (a) The hearing officer shall issue a written decision within 20 working days after
6331 the hearing is adjourned.
6332 (b) If the hearing officer does not issue a decision within 20 working days, the agency
6333 that is a party to the grievance is not liable for any claimed back wages or benefits after the date
6334 the decision is due.
6335 (4) The hearing officer may:
6336 (a) not award attorney fees or costs to either party;
6337 (b) close a hearing by complying with the procedures and requirements of Title 52,
6338 Chapter 4, Open and Public Meetings Act;
6339 (c) seal the file and the evidence produced at the hearing if the evidence raises
6340 questions about an employee's character, professional competence, or physical or mental
6341 health;
6342 (d) grant continuances according to rule; and
6343 (e) decide a motion, an issue regarding discovery, or another issue in accordance with
6344 this [
6345 (5) (a) A hearing officer shall affirm, rescind, or modify agency action.
6346 (b) (i) If a hearing officer does not affirm agency action, the hearing officer shall order
6347 back pay and back benefits that the grievant would have received without the agency action.
6348 (ii) An order under Subsection (5)(b)(i) shall include:
6349 (A) reimbursement to the grievant for premiums that the grievant paid for benefits
6350 allowed under the Consolidated Omnibus Reconciliation Act of 1985; and
6351 (B) an offset for any state paid benefits the grievant receives because of the agency
6352 action, including unemployment compensation benefits.
6353 (c) In an order under Subsection (5)(b)(i), a hearing officer may not reduce the amount
6354 of back pay and benefits awarded a grievant because of income that the grievant earns during
6355 the grievance process.
6356 (6) An employee who files a grievance in accordance with this chapter may appeal a
6357 decision of the office directly to the Utah Court of Appeals in accordance with Title 63G,
6358 Chapter 4, Administrative Procedures Act.
6359 Section 153. Section 63A-17-618, which is renumbered from Section 67-19a-501 is
6360 renumbered and amended to read:
6361 [
6362 administrative review of an abusive conduct investigation.
6363 (1) An employee of a state executive branch agency, as defined in Section [
6364 63A-17-801, may, under Subsection [
6365 review of the findings of an abusive conduct investigation within 10 days after the day on
6366 which the employee receives notification of the investigative findings.
6367 (2) (a) An employee bringing an administrative review of the findings described in
6368 Subsection (1) may file the request for the administrative review directly with the office.
6369 (b) The request for administrative review may describe the reasons for the
6370 administrative review and include any submissions the employee desires to submit.
6371 (3) (a) When an employee initiates the review described in Subsection (2) with the
6372 office:
6373 (i) the role of the administrative review is to review and rule upon the findings of the
6374 abusive conduct investigation; and
6375 (ii) an evidentiary hearing is not required.
6376 (b) The department shall make the abusive conduct investigative file available for the
6377 office's in camera review.
6378 (c) The office may:
6379 (i) request additional relevant documents from the department or the affected
6380 employee; and
6381 (ii) interview the employee who initiated the administrative review and the
6382 investigators who conducted the investigation.
6383 (4) (a) The office may overturn the findings of the abusive conduct investigation if the
6384 office determines that:
6385 (i) the findings are not reasonable, rational, or sufficiently supported by the evidence;
6386 or
6387 (ii) the facts on which the findings are based are inaccurate.
6388 (b) The office may uphold the findings of the abusive conduct investigation if the
6389 office determines that:
6390 (i) the findings are reasonable, rational, and sufficiently supported by the evidence; and
6391 (ii) the facts on which the findings are based are accurate.
6392 (5) (a) Within 30 days after the day on which an employee initiates an administrative
6393 review under this section, the office shall issue a notice stating whether the office upheld or
6394 overturned the investigative findings.
6395 (b) The office's determination upon administrative review of the findings resulting
6396 from an abusive conduct investigation is final and not subject to appeal.
6397 (c) The following are classified as protected under Title 63G, Chapter 2, Government
6398 Records Access and Management Act, and any other applicable confidentiality provisions:
6399 (i) the request for administrative review and any accompanying documents;
6400 (ii) documents that any party provides;
6401 (iii) the contents of the administrative review file; and
6402 (iv) the office's determination.
6403 Section 154. Section 63A-17-701, which is renumbered from Section 67-19-30 is
6404 renumbered and amended to read:
6405
6406 [
6407 (1) Employees shall comply with the procedural and jurisdictional requirements of this
6408 section, Title 63G, Chapter 4, Administrative Procedures Act, and [
6409
6410 (2) All grievances based upon a claim or charge of injustice or oppression, including
6411 dismissal from employment, resulting from an act, occurrence, commission, or condition shall
6412 be governed by [
6413 Title 63G, Chapter 4, Administrative Procedures Act.
6414 (3) All grievances involving classification shall be governed by Section [
6415 63A-17-702 and are designated as informal adjudicative proceedings as defined by Title 63G,
6416 Chapter 4, Administrative Procedures Act.
6417 (4) All grievances by applicants for positions in state government involving an alleged
6418 discriminatory or prohibited employment practice shall be governed by Section [
6419 63A-17-703 and Title 63G, Chapter 4, Administrative Procedures Act.
6420 (5) A "grievance" under this chapter is a request for agency action for purposes of Title
6421 63G, Chapter 4, Administrative Procedures Act.
6422 Section 155. Section 63A-17-702, which is renumbered from Section 67-19-31 is
6423 renumbered and amended to read:
6424 [
6425 (1) (a) For the purpose of position classification grievances, the process that culminates
6426 in assigning a career service position to an appropriate class specification is a matter of position
6427 classification and may be grieved.
6428 (b) The process that culminates in assigning a salary range to the class specification is
6429 not a position classification and may not be grieved as a classification grievance.
6430 (2) (a) Upon receipt of a position classification grievance, the [
6431 refer the grievance to a classification panel of three or more impartial persons trained in state
6432 classification procedures.
6433 (b) The classification panel shall determine whether or not the classification
6434 assignment for career service positions was appropriate by applying the statutes, rules, and
6435 procedures adopted by the [
6436 classification change.
6437 (c) The classification panel may:
6438 (i) obtain access to previous audits, classification decisions, and reports;
6439 (ii) request new or additional audits by human resource analysts; and
6440 (iii) consider new or additional information.
6441 (d) The classification panel may sustain or modify the original decision and, if
6442 applicable, recommend a new classification.
6443 (e) The classification panel shall report [
6444 to the [
6445 (3) (a) Either party may appeal the [
6446 hearing officer trained in state classification procedures selected through a public bid process
6447 by a panel consisting of the following members:
6448 [
6449 (i) a current or former government employee with experience in human resource
6450 management;
6451 (ii) two department executive directors;
6452 (iii) a private sector human resources executive appointed by the governor; and
6453 (iv) a representative of the Utah Public Employees Association.
6454 (b) The successful bid shall serve under contract for no more than three years. At the
6455 end of that time, the [
6456 bid.
6457 (c) The hearing officer shall review the classification and make the final decision. The
6458 final decision is subject to judicial review pursuant to the provisions of Section 63G-4-402.
6459 Section 156. Section 63A-17-703, which is renumbered from Section 67-19-32 is
6460 renumbered and amended to read:
6461 [
6462 grievances -- Procedures.
6463 (1) An applicant for a position in state government, a probationary employee, career
6464 service employee, or an exempt employee who alleges a discriminatory or prohibited
6465 employment practice as defined in Section 34A-5-106 may submit a written grievance to the
6466 department head where the alleged unlawful act occurred.
6467 (2) Within 10 working days after a written grievance is submitted under Subsection (1),
6468 the department head shall issue a written response to the grievance stating his decision and the
6469 reasons for the decision.
6470 (3) If the department head does not issue a decision within 10 days, or if the grievant is
6471 dissatisfied with the decision, the grievant may submit a complaint to the Division of
6472 Antidiscrimination and Labor, pursuant to Section 34A-5-107.
6473 Section 157. Section 63A-17-801, which is renumbered from Section 67-26-102 is
6474 renumbered and amended to read:
6475
6476 [
6477 As used in this [
6478 (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of an
6479 employee to another employee of the same employer that, based on the severity, nature, or
6480 frequency of the conduct, a reasonable person would determine:
6481 (i) is intended to cause intimidation, humiliation, or unwarranted distress;
6482 (ii) results in substantial physical harm or substantial psychological harm as a result of
6483 intimidation, humiliation, or unwarranted distress; or
6484 (iii) exploits an employee's known physical or psychological disability.
6485 (b) "Abusive conduct" does not mean a single act unless the act is an especially severe
6486 and egregious act that meets the standard described in Subsection (1)(a)(i), (ii), or (iii).
6487 (2) "Abusive conduct complaint process" means the process described in Section
6488 [
6489 (3) "Administrative review process" means a process that allows an employee, in
6490 relation to the findings of an abusive conduct investigation, to seek an administrative review
6491 that:
6492 (a) an employer conducts in accordance with Section [
6493 (b) in relation to a state executive branch agency, the office conducts in accordance
6494 with Section [
6495 [
6496 [
6497 (b) "Employee" includes an elected or appointed official of an employer.
6498 [
6499 (a) a state executive branch agency; or
6500 (b) an independent entity, as defined in Section 63E-1-102.
6501 [
6502 [
6503 [
6504 bodily integrity, as established by competent evidence.
6505 [
6506 as established by competent evidence.
6507 [
6508 bureau, or other organization within the state executive branch.
6509 (b) "State executive branch agency" includes an agency under the authority of the
6510 governor, lieutenant governor, state treasurer, state auditor, or attorney general.
6511 (c) "State executive branch agency" does not include the Utah System of Higher
6512 Education or an independent entity, as defined in Section 63E-1-102.
6513 Section 158. Section 63A-17-802, which is renumbered from Section 67-26-103 is
6514 renumbered and amended to read:
6515 [
6516 This [
6517 (1) exempt or relieve a person from a liability, duty, or penalty provided by another
6518 federal or state law;
6519 (2) create a private right of action;
6520 (3) expand or diminish rights or remedies available to a person before July 1, 2020; or
6521 (4) expand or diminish grounds for discipline that existed before July 1, 2020.
6522 Section 159. Section 63A-17-803, which is renumbered from Section 67-26-201 is
6523 renumbered and amended to read:
6524 [
6525 It is the policy of the state to provide and maintain a work environment free from
6526 abusive conduct.
6527 Section 160. Section 63A-17-804, which is renumbered from Section 67-26-202 is
6528 renumbered and amended to read:
6529 [
6530 administrative review process.
6531 (1) An employee may file a written complaint of abusive conduct with the human
6532 resources department of the employee's employer if the complaint is against an employee of the
6533 same employer as the employee filing the complaint.
6534 (2) If an employee files a written complaint of abusive conduct under Subsection (1),
6535 the human resources department of the employee's employer shall conduct an abusive conduct
6536 investigation.
6537 (3) (a) Each employer that is not a state executive branch agency:
6538 (i) shall provide the employer's employees a process for:
6539 (A) filing an abusive conduct complaint, including an alternative process if the
6540 complaint involves an individual who would otherwise receive or review an abusive conduct
6541 complaint; and
6542 (B) an administrative review of the findings of an abusive conduct investigation
6543 described in Subsection (2) that is substantially similar to the administrative review process
6544 described in Section [
6545 (ii) may request assistance from the [
6546 division's current consultant rate, or the office, at a reasonable rate established by the office, in
6547 developing a process described in this Subsection (3)(a).
6548 (b) The [
6549 executive branch agency to file an abusive conduct complaint, including an alternative process
6550 if the complaint involves an individual who would otherwise receive or review an abusive
6551 conduct complaint.
6552 (4) The complaint described in Subsection (1) and a subsequent abusive conduct
6553 investigation are subject to:
6554 (a) in relation to an employer other than a state executive branch agency, the
6555 administrative review process described in Subsection (3)(a); and
6556 (b) in relation to a state executive branch agency, the office's administrative review
6557 process described in Section [
6558 Section 161. Section 63A-17-805, which is renumbered from Section 67-26-203 is
6559 renumbered and amended to read:
6560 [
6561 (1) As used in this section:
6562 (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a covered
6563 employee to another covered employee of the same covered employer that, based on the
6564 severity, nature, or frequency of the conduct, a reasonable person would determine:
6565 (i) is intended to cause intimidation, humiliation, or unwarranted distress;
6566 (ii) results in substantial physical harm or substantial psychological harm as a result of
6567 intimidation, humiliation, or unwarranted distress; or
6568 (iii) exploits a covered employee's known physical or psychological disability.
6569 (b) "Covered employee" means:
6570 (i) for the judicial branch, a judge or an employee of the judicial branch; or
6571 (ii) for a higher education entity, each governing member and each employee of the
6572 higher education entity.
6573 (c) "Covered employer" means:
6574 (i) the judicial branch; or
6575 (ii) a higher education entity.
6576 (d) "Higher education entity" means an entity within the Utah System of Higher
6577 Education, including each member institution, the Utah Board of Higher Education, and the
6578 office of commissioner of higher education.
6579 (2) The judicial branch shall, beginning on January 1, 2021:
6580 (a) provide annual training to all covered employees on abusive conduct in the
6581 workplace; and
6582 (b) implement a policy prohibiting, and for reporting and resolving, abusive conduct
6583 within the judicial branch.
6584 (3) Each higher education entity shall, beginning on January 1, 2021:
6585 (a) provide annual training to all covered employees on abusive conduct in the
6586 workplace; and
6587 (b) implement a policy prohibiting, and for reporting and resolving, abusive conduct
6588 within the higher education entity.
6589 (4) The judicial branch and each higher education entity shall, before May 1, 2021,
6590 submit to the Government Operations Interim Committee a copy of the policies described in
6591 Subsections (2)(b) and (3)(b).
6592 Section 162. Section 63A-17-806, which is renumbered from Section 67-26-301 is
6593 renumbered and amended to read:
6594 [
6595 (1) (a) The [
6596 executive branch agency employees and supervisors about how to prevent abusive workplace
6597 conduct.
6598 (b) The training described in Subsection (1)(a) shall include information on:
6599 (i) what constitutes abusive conduct and the ramifications of abusive conduct;
6600 (ii) resources available to employees who are subject to abusive conduct; and
6601 (iii) the abusive conduct complaint process described in Section [
6602 63A-17-804.
6603 (2) (a) The [
6604 that are not state executive branch agencies to educate the employers' respective employees and
6605 supervisors about how to prevent abusive workplace conduct.
6606 (b) The baseline training module described in Subsection (2)(a) shall include
6607 information on what constitutes abusive conduct and the ramifications of abusive conduct.
6608 (c) Each employer that is not a state executive branch agency shall create and provide
6609 supplemental training to educate the employer's employees and supervisors that supplements
6610 the [
6611 (i) resources available to employees who are subject to abusive conduct; and
6612 (ii) the employer's abusive conduct complaint process described in Section [
6613 63A-17-804.
6614 (d) An employer may request assistance from the [
6615 [
6616 Subsection (2)(c).
6617 (3) (a) Each employer shall provide professional development training to promote:
6618 (i) ethical conduct;
6619 (ii) organizational leadership practices based in principles of integrity; and
6620 (iii) the state policy described in Section [
6621 (b) An employer may request assistance from the [
6622 [
6623 Subsection (3).
6624 (4) (a) Employers shall provide and employees shall participate in the training
6625 described in this section:
6626 (i) at the time the employee is hired or within a reasonable time after the employee
6627 begins employment; and
6628 (ii) at least every other year after the employee begins employment.
6629 (b) An employer shall, at the times described in Subsection (4)(a), provide notification
6630 to the employee of the abusive conduct complaint process.
6631 (5) The [
6632 division or access support from outside resources to:
6633 (a) develop policies against workplace abusive conduct; and
6634 (b) enhance professional development training on topics such as:
6635 (i) building trust;
6636 (ii) effective motivation;
6637 (iii) communication;
6638 (iv) conflict resolution;
6639 (v) accountability;
6640 (vi) coaching;
6641 (vii) leadership; or
6642 (viii) ethics.
6643 (6) (a) Beginning in 2021, and each year after 2021, an employer that is not a state
6644 executive branch agency shall, on or before July 31, report to the [
6645 regarding:
6646 (i) the employer's implementation of this chapter, including the requirement to provide
6647 a process under Section [
6648 (ii) the total number and outcomes of abusive conduct complaints that the employer's
6649 employees filed and that the employer investigated or reviewed.
6650 (b) The [
6651 Workforce Services Interim Committee, no later than the November interim meeting, the
6652 following:
6653 (i) a description the [
6654 (ii) the [
6655 (A) appropriately address and reduce workplace abusive conduct; or
6656 (B) change definitions or training required by this section;
6657 (iii) an annual report of the total number and outcomes of abusive conduct complaints
6658 that employees filed and the department investigated; and
6659 (iv) a summary of the reports the department receives under Subsection (6)(a).
6660 Section 163. Section 63A-17-901, which is renumbered from Section 67-19e-102 is
6661 renumbered and amended to read:
6662
6663 [
6664 In addition to the definitions found in Section [
6665
6666 (1) (a) "Administrative law judge" means an individual who is employed or contracted
6667 by a state agency who:
6668 (i) presides over or conducts formal administrative hearings on behalf of an agency;
6669 (ii) has the power to administer oaths, rule on the admissibility of evidence, take
6670 testimony, evaluate evidence, and make determinations of fact; and
6671 (iii) issues written orders, rulings, or final decisions on behalf of an agency.
6672 (b) "Administrative law judge" does not mean:
6673 (i) an individual who reviews an order or ruling of an administrative law judge; or
6674 (ii) the executive director of a state agency.
6675 (2) "Committee" means the Administrative Law Judge Conduct Committee created in
6676 Section [
6677 [
6678
6679 [
6680 Section 164. Section 63A-17-902, which is renumbered from Section 67-19e-103 is
6681 renumbered and amended to read:
6682 [
6683 Destruction of evidence.
6684 (1) (a) Except as provided in Subsections (1)(b) and (2), the provisions of this [
6685 part apply to an administrative law judge who conducts formal adjudicative proceedings.
6686 (b) Except as provided in Subsection (2), the provisions of this [
6687 apply to an administrative law judge who is employed by or contracts with:
6688 (i) the Board of Pardons and Parole;
6689 (ii) the Department of Corrections; or
6690 (iii) the State Tax Commission.
6691 (2) The code of conduct established by the [
6692 [
6693 (3) An administrative law judge who tampers with or destroys evidence submitted to
6694 the administrative law judge is subject to the provisions of Section 76-8-510.5. This section
6695 does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government
6696 Records Access and Management Act.
6697 Section 165. Section 63A-17-903, which is renumbered from Section 67-19e-104 is
6698 renumbered and amended to read:
6699 [
6700 The [
6701 Utah Administrative Rulemaking Act:
6702 (1) establishing minimum performance standards for all administrative law judges;
6703 (2) providing procedures for filing, addressing, and reviewing complaints against
6704 administrative law judges;
6705 (3) providing standards for complaints against administrative law judges;
6706 (4) promulgating a code of conduct for all administrative law judges in all state
6707 agencies; and
6708 (5) establishing a procedural fairness training program as described in Section
6709 [
6710 Section 166. Section 63A-17-904, which is renumbered from Section 67-19e-104.5 is
6711 renumbered and amended to read:
6712 [
6713 (1) Except as provided in Subsection (6), each administrative law judge hired on or
6714 after May 10, 2016, shall be hired in accordance with this section.
6715 (2) If an applicant for an administrative law judge position is selected for an interview
6716 in accordance with applicable law and [
6717 the applicant by means of a hiring panel.
6718 (3) The hiring panel described in Subsection (2) shall consist of:
6719 (a) the head of the hiring agency;
6720 (b) the head of another agency, appointed by the [
6721 (c) the [
6722 (4) Each individual described in Subsection (3) may designate another individual to
6723 serve on the hiring panel on the individual's behalf.
6724 (5) After the hiring panel completes the interviews for an administrative law judge
6725 position:
6726 (a) the hiring panel shall select the top three applicants for the administrative law judge
6727 position; and
6728 (b) the head of the hiring agency shall:
6729 (i) consider any opinions or feedback from the other members of the hiring panel with
6730 respect to the top three applicants; and
6731 (ii) (A) hire an applicant from the top three applicants to fill the administrative law
6732 judge position; or
6733 (B) decide not to hire any of the top three applicants and restart the hiring process to
6734 fill the administrative law judge position.
6735 (6) This section does not apply to an administrative law judge who is appointed by the
6736 governor.
6737 Section 167. Section 63A-17-905, which is renumbered from Section 67-19e-105 is
6738 renumbered and amended to read:
6739 [
6740 judges.
6741 (1) [
6742 performance evaluation for each administrative law judge contracted or employed by a state
6743 agency.
6744 (2) The performance evaluation for an administrative law judge shall include:
6745 (a) the results of the administrative law judge's performance evaluations conducted by
6746 the employing agency since the administrative law judge's last performance evaluation
6747 conducted by the [
6748 procedure for the agency;
6749 (b) information from the employing agency concerning the administrative law judge's
6750 compliance with minimum performance standards;
6751 (c) the administrative law judge's disciplinary record, if any;
6752 (d) the results of any performance surveys conducted since the administrative law
6753 judge's last performance review conducted by the [
6754 (e) any other factor that the [
6755 administrative law judge's performance.
6756 (3) If an administrative law judge fails to meet the minimum performance standards the
6757 [
6758 employing agency.
6759 (4) The [
6760 administrative law judges contracted or employed by an agency.
6761 Section 168. Section 63A-17-906, which is renumbered from Section 67-19e-106 is
6762 renumbered and amended to read:
6763 [
6764 (1) [
6765
6766
6767 four-year staggered cycle for performance evaluations.
6768 (2) The performance survey shall include as respondents a sample of each of the
6769 following groups as applicable:
6770 (a) attorneys who have appeared before the administrative law judge as counsel; and
6771 (b) staff who have worked with the administrative law judge.
6772 (3) The [
6773 the [
6774 (a) considers a survey of that classification of respondents helpful to the [
6775 division; and
6776 (b) establishes the additional classification of respondents by rule made in accordance
6777 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6778 (4) A survey response is anonymous, including any comment included with a survey
6779 response.
6780 (5) If the [
6781 judge or the committee, the information shall be provided in [
6782 protect the confidentiality of a survey respondent.
6783 (6) If the [
6784 with Subsection (3), a survey shall be provided to a potential survey respondent within 30 days
6785 of the day on which the case in which the person appeared before the administrative law judge
6786 is closed, exclusive of any appeal. Staff and attorneys may be surveyed at any time during the
6787 survey period.
6788 (7) The performance survey shall include questions relating to whether the
6789 administrative law judge's behavior furthers the following elements of procedural fairness:
6790 (a) neutrality, including:
6791 (i) consistent and equal treatment of the individuals who appear before the
6792 administrative law judge;
6793 (ii) concern for the individual needs of the individuals who appear before the
6794 administrative law judge; and
6795 (iii) careful deliberation;
6796 (b) respectful treatment of others; and
6797 (c) providing individuals a voice and opportunity to be heard.
6798 (8) The performance survey may include questions concerning an administrative law
6799 judge's:
6800 (a) legal ability, including the following:
6801 (i) demonstration of understanding of the substantive law and any relevant rules of
6802 procedure and evidence;
6803 (ii) attentiveness to factual and legal issues before the administrative law judge;
6804 (iii) adherence to precedent and ability to clearly explain departures from precedent;
6805 (iv) grasp of the practical impact on the parties of the administrative law judge's
6806 rulings, including the effect of delay and increased litigation expense;
6807 (v) ability to write clear opinions and decisions; and
6808 (vi) ability to clearly explain the legal basis for opinions;
6809 (b) temperament and integrity, including the following:
6810 (i) demonstration of courtesy toward attorneys, staff, and others in the administrative
6811 law judge's department;
6812 (ii) maintenance of decorum in the courtroom;
6813 (iii) demonstration of judicial demeanor and personal attributes that promote public
6814 trust and confidence in the administrative law judge system;
6815 (iv) preparedness for oral argument;
6816 (v) avoidance of impropriety or the appearance of impropriety;
6817 (vi) display of fairness and impartiality toward all parties; and
6818 (vii) ability to clearly communicate, including the ability to explain the basis for
6819 written rulings, court procedures, and decisions; and
6820 (c) administrative performance, including the following:
6821 (i) management of workload;
6822 (ii) sharing proportionally the workload within the [
6823 (iii) issuance of opinions and orders without unnecessary delay.
6824 (9) If the [
6825 questions is not appropriate for a respondent group, the [
6826 question or category of questions from the survey provided to that respondent group.
6827 (10) (a) The survey shall allow respondents to indicate responses in a manner
6828 determined by the [
6829 (i) on a numerical scale from one to five; or
6830 (ii) in the affirmative or negative, with an option to indicate the respondent's inability
6831 to respond in the affirmative or negative.
6832 (b) To supplement the responses to questions on either a numerical scale or in the
6833 affirmative or negative, the [
6834 comments.
6835 (11) The [
6836 administrative law judge that administrative law judge's survey results with each of the
6837 administrative law judge's performance evaluations.
6838 Section 169. Section 63A-17-907, which is renumbered from Section 67-19e-107 is
6839 renumbered and amended to read:
6840 [
6841 (1) A complaint against an administrative law judge shall be filed with the
6842 [
6843 (2) Upon receipt of a complaint, the [
6844 investigation.
6845 (3) If the [
6846 frivolous or without merit, it may dismiss it without further action. A complaint that merely
6847 indicates disagreement, without further misconduct, with the administrative law judge's
6848 decision shall be treated as without merit.
6849 (4) The contents of all complaints and subsequent investigations are classified as
6850 protected under Title 63G, Chapter 2, Government Records Access and Management Act.
6851 Section 170. Section 63A-17-908, which is renumbered from Section 67-19e-108 is
6852 renumbered and amended to read:
6853 [
6854 (1) There is created the Administrative Law Judge Conduct Committee to investigate,
6855 review, and hear complaints filed against administrative law judges.
6856 (2) The committee shall be composed of:
6857 (a) the [
6858 (b) four executive directors, or their designees, of agencies that employ or contract with
6859 administrative law judges, to be selected by the [
6860 (3) The [
6861 Section 171. Section 63A-17-909, which is renumbered from Section 67-19e-109 is
6862 renumbered and amended to read:
6863 [
6864 committee.
6865 (1) Upon a determination that a complaint requires further action, the [
6866 director shall select four executive directors or their designees and convene the committee.
6867 The executive director of the agency that employs or contracts with the administrative law
6868 judge who is the subject of the complaint may not be a member of the committee.
6869 (2) The [
6870 results of the [
6871 law judge who is the subject of the complaint. If the committee directs, a copy of the
6872 complaint and investigation may also be provided to the attorney general.
6873 (3) The committee shall allow an administrative law judge who is the subject of a
6874 complaint to appear and speak at any committee meeting, except a closed meeting, during
6875 which the committee is deliberating the complaint.
6876 (4) The committee may meet in a closed meeting to discuss a complaint against an
6877 administrative law judge by complying with Title 52, Chapter 4, Open and Public Meetings
6878 Act.
6879 (5) After deliberation and discussion of the complaint and all information provided, the
6880 committee shall provide a report, with a recommendation, to the agency. The recommendation
6881 shall include:
6882 (a) a brief description of the complaint and results of the [
6883 investigation;
6884 (b) the committee's findings; and
6885 (c) a recommendation from the committee whether action should be taken against the
6886 administrative law judge.
6887 (6) Actions recommended by the committee may include no action, disciplinary action,
6888 termination, or any other action an employer may take against an employee.
6889 (7) The record of an individual committee member's vote on recommended actions
6890 against an administrative law judge is a protected record under Title 63G, Chapter 2,
6891 Government Records Access and Management Act.
6892 Section 172. Section 63A-17-910, which is renumbered from Section 67-19e-110 is
6893 renumbered and amended to read:
6894 [
6895 (1) Each year that an administrative law judge receives a performance evaluation
6896 conducted by the [
6897 complete the procedural fairness training program described in this section.
6898 (2) The [
6899 that includes training on how an administrative law judge's actions and behavior influence
6900 others' perceptions of the fairness of the adjudicative process.
6901 (3) The procedural fairness training program shall include discussion of the following
6902 elements of procedural fairness:
6903 (a) neutrality, including:
6904 (i) consistent and equal treatment of the individuals who appear before the
6905 administrative law judge;
6906 (ii) concern for the individual needs of the individuals who appear before the
6907 administrative law judge; and
6908 (iii) unhurried and careful deliberation;
6909 (b) respectful treatment of others; and
6910 (c) providing individuals a voice and opportunity to be heard.
6911 (4) The [
6912 or provide the procedural fairness training program.
6913 (5) The [
6914 complies with Title 63G, Chapter 22, State Training and Certification Requirements.
6915 Section 173. Section 63A-17-1001, which is renumbered from Section 67-19-6.3 is
6916 renumbered and amended to read:
6917
6918 [
6919 (1) In conjunction with the director's duties under Section [
6920 notwithstanding the general prohibition in Subsection 34A-5-106(3)(c), the [
6921 shall prepare an equal employment opportunity plan for state employment consistent with the
6922 guidelines provided in federal equal employment opportunity laws and in related federal
6923 regulations.
6924 (2) The equal employment opportunity plan required by this section applies only to
6925 state career service employees described in Section [
6926 (3) The Legislature shall review the equal employment opportunity plan required by
6927 this section before it may be implemented.
6928 (4) Nothing in this section requires the establishment of hiring quotas or preferential
6929 treatment of any identifiable group.
6930 Section 174. Section 63A-17-1002, which is renumbered from Section 67-19-12.2 is
6931 renumbered and amended to read:
6932 [
6933 and correctional officers.
6934 [
6935
6936 (1) As used in this section:
6937 (a) "Law enforcement officer" means the same as that term is defined in Section
6938 53-13-103.
6939 (b) "Correctional officer" means the same as that term is defined in Section 53-13-104.
6940 (2) The [
6941 an educational compensation program for law enforcement officers and correctional officers
6942 employed by that agency.
6943 (3) The program shall provide that in order for a law enforcement officer or
6944 correctional officer to qualify for education benefits for college or university education, the law
6945 enforcement officer or correctional officer shall:
6946 (a) provide a certified transcript of grades, demonstrating a grade point average of 3.0
6947 or greater, from an accredited college or university; and
6948 (b) have successfully completed the probationary employment period with the
6949 employing agency.
6950 (4) The program shall also provide that the agency may consider a law enforcement
6951 officer or correctional officer to receive additional compensation as follows for higher
6952 education degrees earned on or after April 30, 2001, in a subject area directly related to the law
6953 enforcement officer's or correctional officer's employment with the agency:
6954 (a) 5.5% for an associate's degree;
6955 (b) 5.5% for a bachelor's degree; and
6956 (c) 5.5% for a master's degree.
6957 (5) Expenses incurred by an agency to provide additional compensation under this
6958 section may be only from the agency's existing budget.
6959 Section 175. Section 63A-17-1003, which is renumbered from Section 67-19-12.5 is
6960 renumbered and amended to read:
6961 [
6962 Rulemaking power granted to establish program.
6963 (1) The [
6964 Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
6965 (2) The [
6966 benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
6967 (3) (a) Each account established under this section shall include employee paid
6968 premiums for health and dental services.
6969 (b) The account may also include, at the option of the employee, out-of-pocket
6970 employee medical and dependent care expenses.
6971 (c) Accounts may also include other expenses allowed under the Internal Revenue
6972 Code of 1986.
6973 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6974 [
6975 Section 176. Section 63A-17-1004, which is renumbered from Section 67-19-14.3 is
6976 renumbered and amended to read:
6977 [
6978 Creation -- Coverage following death in the line of duty.
6979 (1) There is created the "Continuation of Insurance Benefits Program" to provide a
6980 continuation of insurance to the surviving spouse and family of any state employee whose
6981 death occurs in the line of duty.
6982 (2) The insurance coverage shall be the same coverage as provided under Section
6983 49-20-406.
6984 (3) The program provides that unused accumulated sick leave of a deceased employee
6985 may be used for additional medical coverage in the same manner as provided under Section
6986 [
6987 Section 177. Section 63A-17-1005, which is renumbered from Section 67-19-43 is
6988 renumbered and amended to read:
6989 [
6990 contribution benefit.
6991 (1) As used in this section:
6992 (a) "Qualifying account" means:
6993 (i) a defined contribution plan qualified under Section 401(k) of the Internal Revenue
6994 Code, which is sponsored by the Utah State Retirement Board; [
6995 (ii) a deemed Individual Retirement Account authorized under the Internal Revenue
6996 Code, which is sponsored by the Utah State Retirement Board; or
6997 (iii) a similar savings plan or account authorized under the Internal Revenue Code,
6998 which is sponsored by the Utah State Retirement Board.
6999 (b) "Qualifying employee" means an employee who is:
7000 (i) in a position that is:
7001 (A) receiving retirement benefits under Title 49, Utah State Retirement and Insurance
7002 Benefit Act; and
7003 (B) accruing paid leave benefits that can be used in the current and future calendar
7004 years; and
7005 (ii) not an employee who is reemployed as that term is:
7006 (A) defined in Section 49-11-1202; or
7007 (B) used in Section 49-11-504.
7008 (2) Subject to the requirements of Subsection (3) [
7009
7010 employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue
7011 Code, subject to federal requirements and limitations, which is sponsored by the Utah State
7012 Retirement Board.
7013 (3) (a) In accordance with the requirements of this Subsection (3), each qualifying
7014 employee shall be eligible to receive the same dollar amount for the contribution under
7015 Subsection (2).
7016 (b) A qualifying employee:
7017 (i) shall receive the contribution amount determined under Subsection (3)(c) if the
7018 qualifying employee makes a voluntary personal contribution to one or more qualifying
7019 accounts in an amount equal to or greater than the employer's contribution amount determined
7020 in Subsection (3)(c);
7021 (ii) shall receive a partial contribution amount that is equal to the qualifying employee's
7022 personal contribution amount if the employee makes a voluntary personal contribution to one
7023 or more qualifying accounts in an amount less than the employer's contribution amount
7024 determined in Subsection (3)(c); or
7025 (iii) may not receive a contribution under Subsection (2) if the qualifying employee
7026 does not make a voluntary personal contribution to a qualifying account.
7027 (c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
7028 annually determine the contribution amount that an employer shall provide to each qualifying
7029 employee under Subsection (2).
7030 (ii) The [
7031 on the contribution amount required under Subsection (2), in consultation with the Governor's
7032 Office of Management and Budget and the Division of Finance.
7033 (iii) The biweekly matching contribution amount required under Subsection (2) may
7034 not exceed $26 for each qualifying employee.
7035 (4) A qualifying employee is eligible to receive the biweekly contribution under this
7036 section for any pay period in which the employee is in a paid status or other status protected by
7037 federal or state law.
7038 (5) The employer and employee contributions made and related earnings under this
7039 section vest immediately upon deposit and can be withdrawn by the employee at any time,
7040 subject to Internal Revenue Code regulations on the withdrawals.
7041 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
7042 [
7043 this section.
7044 Section 178. Section 63A-17-1006, which is renumbered from Section 67-19-45 is
7045 renumbered and amended to read:
7046 [
7047 Administration -- Report.
7048 (1) As used in this section:
7049 (a) "Eligible employee" means an employee who has been employed by the
7050 Department of Health for a minimum of:
7051 (i) 12 consecutive months; and
7052 (ii) 1,250 hours, excluding paid time off during the 12-month period immediately
7053 preceding the day on which the employee applies for participation in the program.
7054 (b) "Infant" means a baby that is at least six weeks of age and no more than six months
7055 of age.
7056 (c) "Parent" means:
7057 (i) a biological or adoptive parent of an infant; or
7058 (ii) an individual who has an infant placed in the individual's foster care by the
7059 Division of Child and Family Services.
7060 (d) "Program" means the Infant at Work Pilot Program established in this section.
7061 (2) There is created the Infant at Work Pilot Program for eligible employees.
7062 (3) The program shall:
7063 (a) allow an eligible employee to bring the eligible employee's infant to work subject to
7064 the provisions of this section;
7065 (b) be administered by the [
7066 (c) be implemented for a minimum of one year.
7067 (4) The [
7068 employees of the Department of Health to apply to the program that includes:
7069 (a) a process for evaluating whether an eligible employee's work environment is
7070 appropriate for an infant;
7071 (b) guidelines for infant health and safety; and
7072 (c) guidelines regarding an eligible employee's initial and ongoing participation in the
7073 program.
7074 (5) If the [
7075 program, the eligible employee shall have the sole responsibility for the care and safety of the
7076 infant at the workplace.
7077 (6) The [
7078 set aside space for an eligible employee's infant other than the eligible employee's existing
7079 work space.
7080 (7) The [
7081 adopt rules that the department determines necessary to establish the program in accordance
7082 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
7083 (8) [
7084 Department of Health, shall submit a written report to the Business and Labor Interim
7085 Committee that describes the efficacy of the program, including any recommendations for
7086 additional legislative action.
7087 Section 179. Section 63A-17-1007, which is renumbered from Section 67-19c-101 is
7088 renumbered and amended to read:
7089 [
7090 (1) As used in this section:
7091 (a) "Department" means the Department of [
7092 Operations, the Department of Agriculture and Food, the Department of Alcoholic Beverage
7093 Control, the Department of Commerce, the Department of Heritage and Arts, the Department
7094 of Corrections, the Department of Workforce Services, the Department of Environmental
7095 Quality, the Department of Financial Institutions, the Department of Health, [
7096
7097 Department, the National Guard, the Department of Natural Resources, the Department of
7098 Public Safety, the Public Service Commission, the Labor Commission, the State Board of
7099 Education, the Utah Board of Higher Education, the State Tax Commission, [
7100
7101 (b) "Department head" means the individual or body of individuals in whom the
7102 ultimate legal authority of the department is vested by law.
7103 (2) There is created a department awards program to award an outstanding employee in
7104 each department of state government.
7105 (3) (a) [
7106 nominations for outstanding employee of the year for [
7107 in [
7108 (b) [
7109 (i) select a person from the department to receive the outstanding employee of the year
7110 award using the criteria established in Subsection (3)(c); and
7111 (ii) announce the recipient of the award to [
7112 (c) Department heads shall make the award to [
7113 demonstrates:
7114 (i) extraordinary competence in performing [
7115 (ii) creativity in identifying problems and devising workable, cost-effective solutions
7116 [
7117 (iii) excellent relationships with the public and other employees;
7118 (iv) a commitment to serving the public as the client; and
7119 (v) a commitment to economy and efficiency in government.
7120 (4) (a) The [
7121 appropriation for outstanding department employee awards that [
7122 the Legislature equally among the departments.
7123 (b) If [
7124
7125 provide the employee with a bonus, a plaque, or some other suitable acknowledgement of the
7126 award.
7127 (5) (a) [
7128 former employee of the department.
7129 (b) A department head may not name the award for [
7130 as defined in Section 52-3-1.
7131 [
7132
7133 Section 180. Section 63A-17-1101, which is renumbered from Section 67-19d-102 is
7134 renumbered and amended to read:
7135
7136 [
7137 As used in this [
7138 (1) "Board of trustees" or "board" means the board of trustees created in Section
7139 [
7140 (2) "Income" means the revenues received by the state treasurer from investments of
7141 the trust fund principal.
7142 (3) "Trust fund" means the State Post-Retirement Benefits Trust Fund created by
7143 Section [
7144 Section 181. Section 63A-17-1102, which is renumbered from Section 67-19d-201 is
7145 renumbered and amended to read:
7146 [
7147 Dissolution.
7148 (1) There is created a post-retirement benefits trust fund entitled the "State
7149 Post-Retirement Benefits Trust Fund."
7150 (2) The trust fund consists of:
7151 (a) revenue provided from an ongoing labor additive as defined in Subsection
7152 [
7153 (b) appropriations made to the fund by the Legislature, if any;
7154 (c) income as defined in Section [
7155 (d) other revenues received from other sources.
7156 (3) The Division of Finance shall account for the receipt and expenditures of trust fund
7157 money.
7158 (4) (a) The state treasurer shall invest trust fund money by following the procedures
7159 and requirements of [
7160 (b) (i) The trust fund shall earn interest.
7161 (ii) The state treasurer shall deposit all interest or other income earned from investment
7162 of the trust fund back into the trust fund.
7163 (5) The board of trustees created in Section [
7164 money from the trust fund for:
7165 (a) the employer portion of the costs of the programs established in Sections [
7166
7167 (b) reasonable administrative costs that the board of trustees incurs in performing their
7168 duties as trustees of the trust fund.
7169 (6) The board of trustees shall ensure that:
7170 (a) money deposited into the trust fund is irrevocable and is expended only for the
7171 employer portion of the costs of post-retirement benefits;
7172 (b) assets of the trust fund are dedicated to providing benefits to retirees and their
7173 beneficiaries according to the terms of the post-retirement benefit plans established by statute
7174 and rule; and
7175 (c) creditors of the board of trustees and of employers liable for the post-retirement
7176 benefits may not seize, attach, or otherwise obtain assets of the trust fund.
7177 (7) When all of the liabilities for which the trust fund was created are paid, the
7178 Division of Finance shall transfer any assets remaining in the state trust fund into the
7179 appropriate fund.
7180 Section 182. Section 63A-17-1103, which is renumbered from Section 67-19d-201.5 is
7181 renumbered and amended to read:
7182 [
7183 Trust Fund -- Creation -- Oversight -- Dissolution.
7184 (1) There is created the "Elected Official Post-Retirement Benefits Trust Fund."
7185 (2) The Elected Official Post-Retirement Benefits Trust Fund consists of:
7186 (a) appropriations made to the fund by the Legislature for the purpose of funding the
7187 post-retirement benefits in Section 49-20-404;
7188 (b) revenues received by the state treasurer from the investment of the Elected Official
7189 Post-Retirement Benefits Trust Fund; and
7190 (c) other revenues received from other sources.
7191 (3) The Division of Finance shall account for the receipt and expenditures of money in
7192 the Elected Official Post-Retirement Benefits Trust Fund.
7193 (4) (a) Except as provided in Subsection (4)(c), the state treasurer shall invest the
7194 Elected Official Post-Retirement Benefits Trust Fund money by following the same procedures
7195 and requirements for the investment of the State Post-Retirement Benefits Trust Fund in [
7196
7197 (b) (i) The Elected Official Post-Retirement Benefits Trust Fund shall earn interest.
7198 (ii) The state treasurer shall deposit all interest or other income earned from investment
7199 of the Elected Official Post-Retirement Benefits Trust Fund back into the Elected Official
7200 Post-Retirement Benefits Trust Fund.
7201 (c) The Elected Official Post-Retirement Benefits Trust Fund is exempt from Title 51,
7202 Chapter 7, State Money Management Act.
7203 (5) The board of trustees created in Section [
7204 money from the Elected Official Post-Retirement Benefits Trust Fund for:
7205 (a) the employer portion of the cost of the program established in Section 49-20-404;
7206 and
7207 (b) reasonable administrative costs that the board of trustees incurs in performing its
7208 duties as trustees of the Elected Official Post-Retirement Benefits Trust Fund.
7209 (6) The board of trustees shall ensure that:
7210 (a) money deposited into the Elected Official Post-Retirement Benefits Trust Fund is
7211 irrevocable and is expended only for the employer portion of the costs of post-retirement
7212 benefits under Section 49-20-404; and
7213 (b) creditors of the board of trustees and of employers liable for the post-retirement
7214 benefits may not seize, attach, or otherwise obtain assets of the Elected Official
7215 Post-Retirement Benefits Trust Fund.
7216 (7) When all of the liabilities for which the Elected Official Post-Retirement Benefits
7217 Trust Fund was created are paid, the Division of Finance shall transfer any assets remaining in
7218 the Elected Official Post-Retirement Benefits Trust Fund into the appropriate fund.
7219 Section 183. Section 63A-17-1104, which is renumbered from Section 67-19d-202 is
7220 renumbered and amended to read:
7221 [
7222 Benefits Trust Fund and the Elected Official Post-Retirement Benefits Trust Fund.
7223 (1) (a) There is created a board of trustees of the State Post-Retirement Benefits Trust
7224 Fund and the Elected Official Post-Retirement Benefits Trust Fund composed of three
7225 members:
7226 (i) the state treasurer or designee;
7227 (ii) the director of the Division of Finance or designee; and
7228 (iii) the executive director of the Governor's Office of Management and Budget or
7229 designee.
7230 (b) The state treasurer is chair of the board.
7231 (c) Three members of the board are a quorum.
7232 (d) A member may not receive compensation or benefits for the member's service, but
7233 may receive per diem and travel expenses in accordance with:
7234 (i) Section 63A-3-106;
7235 (ii) Section 63A-3-107; and
7236 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7237 63A-3-107.
7238 (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
7239 board of trustees.
7240 (ii) The Division of Finance shall provide accounting services for the trust fund.
7241 (2) The board shall:
7242 (a) on behalf of the state, act as trustee of the State Post-Retirement Benefits Trust
7243 Fund created under Section [
7244 Post-Retirement Benefits Trust Fund created under Section [
7245 exercise the state's fiduciary responsibilities;
7246 (b) meet at least twice per year;
7247 (c) review and approve all policies, projections, rules, criteria, procedures, forms,
7248 standards, performance goals, and actuarial reports;
7249 (d) review and approve the budget for each trust fund described under Subsection
7250 (2)(a);
7251 (e) review financial records for each trust fund described under Subsection (2)(a),
7252 including trust fund receipts, expenditures, and investments;
7253 (f) commission and obtain actuarial studies of the liabilities for each trust fund
7254 described under Subsection (2)(a);
7255 (g) for purposes of the State Post-Retirement Benefits Trust Fund, establish labor
7256 additive rates to charge all federal, state, and other programs to cover:
7257 (i) the annual required contribution as determined by actuary; and
7258 (ii) the administrative expenses of the trust fund; and
7259 (h) do any other things necessary to perform the state's fiduciary obligations under each
7260 trust fund described under Subsection (2)(a).
7261 (3) The attorney general shall:
7262 (a) act as legal counsel and provide legal representation to the board of trustees; and
7263 (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
7264 meeting of the board of trustees.
7265 Section 184. Section 63A-17-1105, which is renumbered from Section 67-19d-301 is
7266 renumbered and amended to read:
7267 [
7268 Trust Fund.
7269 (1) The state treasurer shall invest the assets of the State Post-Retirement Benefits
7270 Trust Fund created under Section [
7271 Post-Retirement Benefits Trust Fund created under Section [
7272 the primary goal of providing for the stability, income, and growth of the principal.
7273 (2) Nothing in this section requires a specific outcome in investing.
7274 (3) The state treasurer may deduct any administrative costs incurred in managing trust
7275 fund assets from earnings before distributing them.
7276 (4) (a) The state treasurer may employ professional asset managers to assist in the
7277 investment of assets of the trust fund.
7278 (b) The treasurer may only provide compensation to asset managers from earnings
7279 generated by the trust fund's investments.
7280 Section 185. Section 63A-17-1106, which is renumbered from Section 67-19d-302 is
7281 renumbered and amended to read:
7282 [
7283 rule -- Standard of care.
7284 (1) The state treasurer shall invest and manage the trust fund assets as a prudent
7285 investor would, by:
7286 (a) considering the purposes, terms, distribution requirements, and other circumstances
7287 of the trust fund; and
7288 (b) exercising reasonable care, skill, and caution in order to meet the standard of care
7289 of a prudent investor.
7290 (2) In determining whether or not the state treasurer has met the standard of care of a
7291 prudent investor, the judge or finder of fact shall:
7292 (a) consider the state treasurer's actions in light of the facts and circumstances existing
7293 at the time of the investment decision or action, and not by hindsight; and
7294 (b) evaluate the state treasurer's investment and management decisions respecting
7295 individual assets:
7296 (i) not in isolation, but in the context of a trust fund portfolio as a whole; and
7297 (ii) as a part of an overall investment strategy that has risk and return objectives
7298 reasonably suited to the trust fund.
7299 Section 186. Section 63A-17-1201, which is renumbered from Section 67-19f-102 is
7300 renumbered and amended to read:
7301
7302 [
7303 As used in this [
7304 (1) "Annual leave II" [
7305 [
7306 (2) "Board of trustees" or "board" means the board of trustees created in Section
7307 [
7308 (3) "Income" means the revenues received by the state treasurer from investments of
7309 the trust fund principal.
7310 (4) "Trust fund" means the State Employees' Annual Leave Trust Fund created in
7311 Section [
7312 Section 187. Section 63A-17-1202, which is renumbered from Section 67-19f-201 is
7313 renumbered and amended to read:
7314 [
7315 Dissolution.
7316 (1) There is created a trust fund entitled the "State Employees' Annual Leave Trust
7317 Fund."
7318 (2) The trust fund consists of:
7319 (a) ongoing revenue provided from a state agency set aside for accrued annual leave II
7320 required under Section [
7321 (b) appropriations made to the trust fund by the Legislature, if any;
7322 (c) transfers from the termination pool described in Subsection [
7323 63A-17-510(6) made by the Division of Finance to the trust fund for annual leave liabilities
7324 accrued before the change date established under Section [
7325 (d) income; and
7326 (e) revenue received from other sources.
7327 (3) (a) The Division of Finance shall account for the receipt and expenditures of trust
7328 fund money.
7329 (b) The Division of Finance shall make the necessary adjustments to the amount of set
7330 aside costs required under Subsection [
7331 trust fund's accrual of funding equal to 10% of the annual leave liability, year-end trust fund
7332 balances remain equal to at least 10% of the total state employee annual leave liability.
7333 (4) (a) The state treasurer shall invest trust fund money by following the procedures
7334 and requirements of [
7335 63A-17-1205.
7336 (b) (i) The trust fund shall earn interest.
7337 (ii) The state treasurer shall deposit all interest or other income earned from investment
7338 of the trust fund back into the trust fund.
7339 (5) The board of trustees created in Section [
7340 money from the trust fund for:
7341 (a) reimbursement to the employer of the costs paid to the trust fund in accordance
7342 with Section [
7343 (b) payments based on accrued annual leave and on accrued annual leave II that are
7344 made upon termination of an employee; and
7345 (c) reasonable administrative costs that the board of trustees incurs in performing its
7346 duties as trustee of the trust fund.
7347 (6) The board of trustees shall ensure that:
7348 (a) money deposited into the trust fund is irrevocable and is expended only for the
7349 costs described in Subsection (5); and
7350 (b) assets of the trust fund are dedicated to providing annual leave and annual leave II
7351 established by statute and rule.
7352 (7) A creditor of the board of trustees or a state agency liable for annual leave benefits
7353 may not seize, attach, or otherwise obtain assets of the trust fund.
7354 Section 188. Section 63A-17-1203, which is renumbered from Section 67-19f-202 is
7355 renumbered and amended to read:
7356 [
7357 Annual Leave Trust Fund.
7358 (1) (a) There is created a board of trustees of the State Employees' Annual Leave Trust
7359 Fund composed of the following three members:
7360 (i) the state treasurer or the state treasurer's designee;
7361 (ii) the director of the Division of Finance or the director's designee; and
7362 (iii) the executive director of the Governor's Office of Management and Budget or the
7363 executive director's designee.
7364 (b) The state treasurer is chair of the board.
7365 (c) Three members of the board is a quorum.
7366 (d) A member may not receive compensation or benefits for the member's service, but
7367 may receive per diem and travel expenses as allowed in:
7368 (i) Section 63A-3-106;
7369 (ii) Section 63A-3-107; and
7370 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
7371 63A-3-107.
7372 (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
7373 board of trustees.
7374 (ii) The Division of Finance shall provide accounting services for the trust fund.
7375 (2) The board shall:
7376 (a) on behalf of the state, act as trustee of the trust fund created under Section
7377 [
7378 (b) meet at least twice per year;
7379 (c) review and approve the policies, projections, rules, criteria, procedures, forms,
7380 standards, performance goals, and actuarial reports for the trust fund;
7381 (d) review and approve the budget for the trust fund;
7382 (e) review financial records for the trust fund, including trust fund receipts,
7383 expenditures, and investments; and
7384 (f) do any other things necessary to perform the state's fiduciary obligations under the
7385 trust fund.
7386 (3) The board may:
7387 (a) commission and obtain actuarial studies of the liabilities for the trust fund; and
7388 (b) for purposes of the trust fund, establish labor additive rates to charge for the
7389 administrative expenses of the trust fund.
7390 (4) The attorney general shall:
7391 (a) act as legal counsel and provide legal representation to the board of trustees; and
7392 (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
7393 meeting of the board of trustees.
7394 Section 189. Section 63A-17-1204, which is renumbered from Section 67-19f-301 is
7395 renumbered and amended to read:
7396 [
7397 Program II Trust Fund.
7398 (1) The state treasurer shall invest the assets of the trust fund with the primary goal of
7399 providing for the stability, income, and growth of the principal.
7400 (2) Nothing in this section requires a specific outcome in investing.
7401 (3) The state treasurer may deduct any administrative costs incurred in managing trust
7402 fund assets from earnings before distributing the trust fund assets.
7403 (4) (a) The state treasurer may employ professional asset managers to assist in the
7404 investment of assets of the trust fund.
7405 (b) The treasurer may only provide compensation to asset managers from earnings
7406 generated by the trust fund's investments.
7407 Section 190. Section 63A-17-1205, which is renumbered from Section 67-19f-302 is
7408 renumbered and amended to read:
7409 [
7410 rule -- Standard of care.
7411 (1) The state treasurer shall invest and manage the trust fund assets as a prudent
7412 investor would, by:
7413 (a) considering the purposes, terms, distribution requirements, and other circumstances
7414 of the trust fund; and
7415 (b) exercising reasonable care, skill, and caution in order to meet the standard of care
7416 of a prudent investor.
7417 (2) In determining whether the state treasurer has met the standard of care of a prudent
7418 investor, the judge or finder of fact shall:
7419 (a) consider the state treasurer's actions in light of the facts and circumstances existing
7420 at the time of the investment decision or action, and not by hindsight; and
7421 (b) evaluate the state treasurer's investment and management decisions respecting
7422 individual assets:
7423 (i) not in isolation, but in the context of the trust fund portfolio as a whole; and
7424 (ii) as a part of an overall investment strategy that has risk and return objectives
7425 reasonably suited to the trust fund.
7426 Section 191. Section 63A-17-1301, which is renumbered from Section 67-25-102 is
7427 renumbered and amended to read:
7428
7429 [
7430 As used in this [
7431 (1) "Career service employee" [
7432 [
7433 (2) "Executive branch elected official" means:
7434 (a) the governor;
7435 (b) the lieutenant governor;
7436 (c) the attorney general;
7437 (d) the state treasurer; or
7438 (e) the state auditor.
7439 (3) "Executive branch official" means an individual who:
7440 (a) is a management level employee of an executive branch elected official; and
7441 (b) is not a career service employee.
7442 (4) "State agency" means a department, division, board, council, committee, institution,
7443 office, bureau, or other similar administrative unit of the executive branch of state government.
7444 Section 192. Section 63A-17-1302, which is renumbered from Section 67-25-201 is
7445 renumbered and amended to read:
7446 [
7447 (1) Except as provided in Subsection (2), and subject to Subsection (3):
7448 (a) a state agency with five or more employees shall, at least nine hours per day on
7449 Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
7450 another entity of the state, a political subdivision, or the public:
7451 (i) in person;
7452 (ii) online; or
7453 (iii) by telephone; and
7454 (b) a state agency with fewer than five employees shall, at least eight hours per day on
7455 Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
7456 another entity of the state, a political subdivision, or the public:
7457 (i) in person;
7458 (ii) online; or
7459 (iii) by telephone.
7460 (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
7461 provide a service, on a holiday established under Section 63G-1-301.
7462 (b) Except for a legal holiday established under Section 63G-1-301, the following state
7463 agencies shall operate at least one physical location, and as many physical locations as
7464 necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
7465 to provide a service required by statute to another entity of the state, a political subdivision, or
7466 the public:
7467 (i) the [
7468 63A-16-103;
7469 (ii) the Division of Child and Family Services, created in Section 62A-4a-103; and
7470 (iii) the Office of Guardian Ad Litem, created in Section 78A-6-901.
7471 (3) A state agency shall make staff available, as necessary, to provide:
7472 (a) services incidental to a court or administrative proceeding, during the hours of
7473 operation of a court or administrative body, including:
7474 (i) testifying;
7475 (ii) the production of records or evidence; and
7476 (iii) other services normally available to a court or administrative body;
7477 (b) security services; and
7478 (c) emergency services.
7479 (4) This section does not limit the days or hours a state agency may operate.
7480 (5) To provide a service as required by Subsection (1), the chief administrative officer
7481 of a state agency may determine:
7482 (a) the number of physical locations, if any are required by this section, operating each
7483 day;
7484 (b) the daily hours of operation of a physical location;
7485 (c) the number of state agency employees who work per day; and
7486 (d) the hours a state agency employee works per day.
7487 (6) To provide a service as required by Subsection (2)(b), the chief administrative
7488 officer of a state agency, or a person otherwise designated by law, may determine:
7489 (a) the number of physical locations operating each day;
7490 (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
7491 location;
7492 (c) the number of state agency employees who work per day; and
7493 (d) the hours a state agency employee works per day.
7494 (7) A state agency shall:
7495 (a) provide information, accessible from a conspicuous link on the home page of the
7496 state agency's website, on a method that a person may use to schedule an in-person meeting
7497 with a representative of the state agency; and
7498 (b) except as provided in Subsection (8), as soon as reasonably possible:
7499 (i) contact a person who makes a request for an in-person meeting; and
7500 (ii) when appropriate, schedule and hold an in-person meeting with the person that
7501 requests an in-person meeting.
7502 (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
7503 the contact or meeting:
7504 (a) would constitute a conflict of interest;
7505 (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
7506 Utah Procurement Code;
7507 (c) would violate an ethical requirement of the state agency or an employee of the state
7508 agency; or
7509 (d) would constitute a violation of law.
7510 Section 193. Section 63A-17-1303, which is renumbered from Section 67-25-302 is
7511 renumbered and amended to read:
7512 [
7513 executive branch employees.
7514 (1) An employee who is under the direction or control of an executive branch elected
7515 official may not engage in outside employment that:
7516 (a) constitutes a conflict of interest;
7517 (b) interferes with the ability of the employee to fulfill the employee's job
7518 responsibilities;
7519 (c) constitutes the provision of political services, political consultation, or lobbying;
7520 (d) involves the provision of consulting services, legal services, or other services to a
7521 person that the employee could, within the course and scope of the employee's primary
7522 employment, provide to the person; or
7523 (e) interferes with the hours that the employee is expected to perform work under the
7524 direction or control of an executive branch elected official, unless the employee takes
7525 authorized personal leave during the time that the person engages in the outside employment.
7526 (2) An executive branch official shall be subject to the same restrictions on outside
7527 employment as a career service employee.
7528 (3) This section does not prohibit an employee from advocating the position of the
7529 state office that employs the employee regarding legislative action or other government action.
7530 Section 194. Section 63A-17-1304, which is renumbered from Section 67-19-19 is
7531 renumbered and amended to read:
7532 [
7533 -- Highway patrol -- Hatch Act.
7534 (1) Except as otherwise provided by law or by rules [
7535 section for federally aided programs, the [
7536 regard to political activity of career service employees in all grades and positions[
7537 [
7538 subject to the following provisions:
7539 (a) if any career service employee is elected to any partisan or full-time nonpartisan
7540 political office, that employee shall be granted a leave of absence without pay for times when
7541 monetary compensation is received for service in political office;
7542 (b) no officer or employee in career service may engage in any political activity during
7543 the hours of employment, nor may any person solicit political contributions from employees of
7544 the executive branch during hours of employment for political purposes; and
7545 (c) partisan political activity may not be a basis for employment, promotion, demotion,
7546 or dismissal, except that the [
7547 or punishment of a state officer or employee who violates any provision of this section.
7548 [
7549 Utah Highway Patrol may use [
7550 of interfering with an election or affecting the results of an election.
7551 (b) No person may induce or attempt to induce any member of the Utah Highway
7552 Patrol to participate in any activity prohibited by this Subsection [
7553 [
7554 (a) preclude voluntary contributions by an employee to the party or candidate of the
7555 officer's or employee's choice; or
7556 (b) permit partisan political activity by any employee who is prevented or restricted
7557 from engaging in the political activity by the provisions of the federal Hatch Act.
7558 Section 195. Section 63A-17-1401, which is renumbered from Section 67-19-33 is
7559 renumbered and amended to read:
7560
7561 [
7562 Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, an employee
7563 may not:
7564 (1) manufacture, dispense, possess, use, distribute, or be under the influence of a
7565 controlled substance or alcohol during work hours or on state property except where legally
7566 permissible;
7567 (2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
7568 if the activity prevents:
7569 (a) state agencies from receiving federal grants or performing under federal contracts of
7570 $25,000 or more; or
7571 (b) the employee to perform his services or work for state government effectively as
7572 regulated by the rules of the executive director in accordance with Section [
7573 63A-17-1402; or
7574 (3) refuse to submit to a drug or alcohol test under Section [
7575 Section 196. Section 63A-17-1402, which is renumbered from Section 67-19-34 is
7576 renumbered and amended to read:
7577 [
7578 In accordance with this [
7579 Rulemaking Act, the [
7580 (1) disciplinary actions for employees subject to discipline under Section [
7581 63A-17-1405;
7582 (2) the testing of employees for the use of controlled substances or alcohol as provided
7583 in Section [
7584 (3) the confidentiality of drug testing and test results performed under Section
7585 [
7586 Access and Management Act; and
7587 (4) minimum blood levels of alcohol or drug content for work effectiveness of an
7588 employee.
7589 Section 197. Section 63A-17-1403, which is renumbered from Section 67-19-35 is
7590 renumbered and amended to read:
7591 [
7592 laws.
7593 (1) An employee who is convicted under a federal or state criminal statute regulating
7594 the manufacture, distribution, dispensation, possession, or use of a controlled substance shall
7595 report the conviction to the director of [
7596 after the date of conviction.
7597 (2) Upon notification either under Subsection (1) or otherwise, the director of the
7598 agency shall notify the federal agency for which a contract is being performed within 10 days
7599 after receiving notice.
7600 Section 198. Section 63A-17-1404, which is renumbered from Section 67-19-36 is
7601 renumbered and amended to read:
7602 [
7603 (1) Except as provided in Subsection (2), when there is reasonable suspicion that an
7604 employee is using a controlled substance or alcohol unlawfully during work hours, an
7605 employee may be required to submit to medically accepted testing procedures for a
7606 determination of whether the employee is using a controlled substance or alcohol in violation
7607 of this part.
7608 (2) In highly sensitive positions, as identified in department class specifications,
7609 random drug testing of employees may be conducted by an agency in accordance with the rules
7610 of the [
7611 (3) All drug or alcohol testing shall be:
7612 (a) conducted by a federally certified and licensed physician, a federally certified and
7613 licensed medical clinic, or testing facility federally certified and licensed to conduct medically
7614 accepted drug testing;
7615 (b) conducted in accordance with the rules of the [
7616 Section [
7617 (c) kept confidential in accordance with the rules of the [
7618 accordance with Section [
7619 (4) A physician, medical clinic, or testing facility may not be held liable in any civil
7620 action brought by a party for:
7621 (a) performing or failing to perform a test under this section;
7622 (b) issuing or failing to issue a test result under this section; or
7623 (c) acting or omitting to act in any other way in good faith under this section.
7624 Section 199. Section 63A-17-1405, which is renumbered from Section 67-19-37 is
7625 renumbered and amended to read:
7626 [
7627 An employee shall be subject to the rules of discipline of the [
7628 in accordance with Section [
7629 (1) refuses to submit to testing procedures provided in Section [
7630 63A-17-1404;
7631 (2) refuses to complete a drug rehabilitation program in accordance with Subsection
7632 [
7633 (3) is convicted under a federal or state criminal statute regulating the manufacture,
7634 distribution, dispensation, possession, or use of a controlled substance; or
7635 (4) manufactures, dispenses, possesses, uses, or distributes a controlled substance in
7636 violation of state or federal law during work hours or on state property.
7637 Section 200. Section 63A-17-1406, which is renumbered from Section 67-19-38 is
7638 renumbered and amended to read:
7639 [
7640 In addition to other criminal penalties provided by law, an employee who:
7641 (1) fails to notify the employee's director under Section [
7642 subject to disciplinary proceedings as established by the [
7643 accordance with Section [
7644 (2) refuses to submit to testing procedures provided for in Section [
7645 63A-17-1404, may be suspended immediately without pay pending further disciplinary action
7646 as [
7647 with Section [
7648 (3) tests positive for the presence of unlawfully used controlled substances or alcohol
7649 may be required, as part of the employee's disciplinary treatment, to complete a drug
7650 rehabilitation program at the employee's expense within 60 days after receiving the positive test
7651 results or be subject to further disciplinary procedures established by rule [
7652 made by the director in accordance with Section [
7653 Section 201. Section 63A-17-1407, which is renumbered from Section 67-19-39 is
7654 renumbered and amended to read:
7655 [
7656 Peace officers, as defined under Title 53, Chapter 13, Peace Officer Classifications,
7657 acting in their official capacity as peace officers in undercover roles and assignments, are
7658 exempt from the provisions of this act.
7659 Section 202. Section 63B-1-304 is amended to read:
7660 63B-1-304. State Building Ownership Authority created -- Members --
7661 Compensation -- Location in Department of Government Operations.
7662 (1) There is created a body politic and corporate to be known as the State Building
7663 Ownership Authority composed of:
7664 (a) the governor;
7665 (b) the state treasurer; and
7666 (c) the chair of the state building board created under Section 63A-5b-201.
7667 (2) A member may not receive compensation or benefits for the member's service, but
7668 may receive per diem and travel expenses in accordance with:
7669 (a) Section 63A-3-106;
7670 (b) Section 63A-3-107; and
7671 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7672 63A-3-107.
7673 (3) (a) Upon request, the division shall provide staff support to the State Building
7674 Ownership Authority.
7675 (b) The State Building Ownership Authority may seek and obtain independent financial
7676 advice, support, and information from the state financial advisor created under Section
7677 67-4-16.
7678 Section 203. Section 63B-7-501 is amended to read:
7679 63B-7-501. Revenue bond authorizations.
7680 (1) (a) It is the intent of the Legislature that the State Building Ownership Authority,
7681 under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
7682 may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
7683 which participation interests may be created, to provide up to $1,568,600 for the construction
7684 of a Utah Correctional Industries Facility at the Central Utah Correctional Facility at Gunnison,
7685 together with additional amounts necessary to pay costs of issuance, pay capitalized interest,
7686 and fund any debt service requirements.
7687 (b) The State Building Ownership Authority shall work cooperatively with the
7688 Department of Corrections to seek out the most cost effective and prudent lease purchase plan
7689 available.
7690 (c) It is the intent of the Legislature that program revenues be used as the primary
7691 revenue source for repayment of any obligation created under authority of this Subsection (1).
7692 (2) It is the intent of the Legislature that:
7693 (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
7694 deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
7695 money on the credit, income, and revenues of the University of Utah, other than appropriations
7696 of the Legislature, to finance the cost of constructing, furnishing, and equipping student
7697 housing;
7698 (b) University funds and housing rental revenues be used as the primary revenue source
7699 for repayment of any obligation created under authority of this Subsection (2); and
7700 (c) the bonds or other evidences of indebtedness authorized by this Subsection (2) may
7701 provide up to $86,000,000 together with other amounts necessary to pay costs of issuance, pay
7702 capitalized interest, and fund any debt service reserve requirements.
7703 (3) It is the intent of the Legislature that:
7704 (a) the State Board of Regents on behalf of the University of Utah issue, sell, and
7705 deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
7706 money on the credit, income, and revenues of the University of Utah, other than appropriations
7707 of the Legislature, to finance the cost of constructing, furnishing, and equipping a Health
7708 Sciences Parking Structure;
7709 (b) University funds and parking revenues be used as the primary revenue source for
7710 repayment of any obligation created under authority of this Subsection (3); and
7711 (c) the bonds or other evidences of indebtedness authorized by this Subsection (3) may
7712 provide up to $12,000,000, together with other amounts necessary to pay costs of issuance, pay
7713 capitalized interest, and fund any debt service reserve requirements.
7714 (4) It is the intent of the Legislature that:
7715 (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
7716 deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
7717 money on the credit and income and revenues of the University of Utah, other than
7718 appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
7719 a Southwest Campus Parking Structure;
7720 (b) University funds and parking revenues be used as the primary revenue source for
7721 repayment of any obligation created under authority of this Subsection (4); and
7722 (c) the bonds or other evidences of indebtedness authorized by this Subsection (4) may
7723 provide up to $7,200,000, together with other amounts necessary to pay costs of issuance, pay
7724 capitalized interest, and fund any debt service reserve requirements.
7725 (5) It is the intent of the Legislature that:
7726 (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
7727 deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
7728 money on the credit and income and revenues of the University of Utah, other than
7729 appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
7730 an expansion of the Eccles Broadcast Center;
7731 (b) University funds and service revenues be used as the primary revenue source for
7732 repayment of any obligation created under authority of this Subsection (5); and
7733 (c) the bonds or other evidences of indebtedness authorized by this Subsection (5) may
7734 provide up to $5,100,000, together with other amounts necessary to pay costs of issuance, pay
7735 capitalized interest, and fund any debt service reserve requirements.
7736 (6) It is the intent of the Legislature that:
7737 (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
7738 deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
7739 money on the credit and income and revenues of the University of Utah, other than
7740 appropriations of the Legislature, to finance the cost of constructing, furnishing, equipping, and
7741 remodeling facilities for perinatal services, adult critical care services, clinical training and
7742 support, and upgrade of the University Hospital Rehabilitation Unit, and for purchase of the
7743 University Neuropsychiatric Institute and Summit Health Center in Park West;
7744 (b) University Hospital revenues be used as the primary revenue source for repayment
7745 of any obligation created under authority of this Subsection (6); and
7746 (c) the bonds or other evidences of indebtedness authorized by this Subsection (6) may
7747 provide up to $23,300,000 together with other amounts necessary to pay costs of issuance, pay
7748 capitalized interest, and fund any debt service reserve requirements.
7749 (7) It is the intent of the Legislature that:
7750 (a) the State Board of Regents, on behalf of Weber State University, issue, sell, and
7751 deliver revenue bonds or other evidences of indebtedness of Weber State University to borrow
7752 money on the credit and income and revenues of Weber State University, other than
7753 appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
7754 student housing;
7755 (b) University funds and housing rental revenues be used as the primary revenue source
7756 for repayment of any obligation created under authority of this Subsection (7); and
7757 (c) the bonds or other evidences of indebtedness authorized by this Subsection (7) may
7758 provide up to $19,000,000 together with other amounts necessary to pay costs of issuance, pay
7759 capitalized interest, and fund any debt service reserve requirements.
7760 (8) (a) It is the intent of the Legislature that the State Building Ownership Authority,
7761 under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
7762 may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
7763 which participation interests may be created, to provide up to $1,100,000 for the construction
7764 of surplus property facilities for the Division of Fleet Operations, together with additional
7765 amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service
7766 reserve requirements.
7767 (b) The State Building Ownership Authority shall work cooperatively with the
7768 Department of [
7769 effective and prudent lease purchase plan available.
7770 (c) It is the intent of the Legislature that Internal Service Fund revenues be used as the
7771 primary revenue source for repayment of any obligation created under authority of this
7772 Subsection (8).
7773 (9) (a) Contingent upon the state of Utah receiving a perfected security interest in
7774 accordance with Senate Joint Resolution 14, 1998 Annual General Session, the State Building
7775 Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State Building
7776 Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease
7777 purchase agreement in which participation interests may be created, to provide up to
7778 $25,000,000 for the cost of constructing, furnishing, and equipping housing facilities at the
7779 University of Utah, together with additional amounts necessary to:
7780 (i) pay costs of issuance;
7781 (ii) pay capitalized interest; and
7782 (iii) fund any debt service reserve requirements.
7783 (b) The State Building Ownership Authority and the University of Utah may enter into
7784 real estate arrangements and security arrangements that are:
7785 (i) necessary to accomplish the purposes of this Subsection (9); and
7786 (ii) not inconsistent with the requirements of Senate Joint Resolution 14, 1998 Annual
7787 General Session.
7788 (10) In order to achieve a debt service savings, it is the intent of the Legislature that the
7789 State Building Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State
7790 Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange
7791 for a lease purchase agreement in which participation interests may be created, to provide
7792 sufficient funding to exercise the state's option to purchase the Youth Corrections Facility in
7793 Salt Lake County currently financed by Salt Lake County.
7794 Section 204. Section 63E-1-302 is amended to read:
7795 63E-1-302. Review by committee required for creating an independent entity.
7796 (1) If a government requestor proposes that the Legislature create an independent
7797 entity, that government requestor shall request that the committee review the proposal.
7798 (2) After receiving a request for review under Subsection (1), the chairs of the
7799 committee:
7800 (a) shall schedule a meeting of the committee to review the proposal; and
7801 (b) may request information from executive and legislative branch entities and officers
7802 concerning the proposal including:
7803 (i) whether or not the proposed independent entity should be exempt from any state
7804 statute;
7805 (ii) the need for oversight of the proposed independent entity by an executive branch
7806 agency;
7807 (iii) the need for and requirements of audits of the proposed independent entity;
7808 (iv) the custody of the proposed independent entity's funds;
7809 (v) the legal representation of the proposed independent entity;
7810 (vi) whether or not the state should receive services from or provide services to the
7811 proposed independent entity; and
7812 (vii) the legal liability, if any, to the state if the proposed independent entity is created.
7813 (3) In requesting information from executive and legislative branch entities or officers
7814 under Subsection (2), the committee should specifically consider seeking information from:
7815 (a) the state auditor;
7816 (b) the state treasurer;
7817 (c) the attorney general;
7818 (d) the risk manager; and
7819 (e) the executive director of the Department of [
7820 Operations.
7821 Section 205. Section 63G-1-301 is amended to read:
7822 63G-1-301. Legal holidays -- Personal preference day -- Governor authorized to
7823 declare additional days.
7824 (1) (a) The following-named days are legal holidays in this state:
7825 (i) every Sunday;
7826 (ii) January 1, called New Year's Day;
7827 (iii) the third Monday of January, called Dr. Martin Luther King, Jr. Day;
7828 (iv) the third Monday of February, called Washington and Lincoln Day;
7829 (v) the last Monday of May, called Memorial Day;
7830 (vi) July 4, called Independence Day;
7831 (vii) July 24, called Pioneer Day;
7832 (viii) the first Monday of September, called Labor Day;
7833 (ix) the second Monday of October, called Columbus Day;
7834 (x) November 11, called Veterans Day;
7835 (xi) the fourth Thursday of November, called Thanksgiving Day;
7836 (xii) December 25, called Christmas; and
7837 (xiii) all days which may be set apart by the President of the United States, or the
7838 governor of this state by proclamation as days of fast or thanksgiving.
7839 (b) If any of the holidays under Subsection (1)(a), except the first mentioned, namely
7840 Sunday, falls on Sunday, then the following Monday shall be the holiday.
7841 (c) If any of the holidays under Subsection (1)(a) falls on Saturday the preceding Friday
7842 shall be the holiday.
7843 (d) Each employee may select one additional day, called Personal Preference Day, to
7844 be scheduled pursuant to rules adopted by the [
7845 Management.
7846 (2) (a) Whenever in the governor's opinion extraordinary conditions exist justifying the
7847 action, the governor may:
7848 (i) declare, by proclamation, legal holidays in addition to those holidays under
7849 Subsection (1); and
7850 (ii) limit the holidays to certain classes of business and activities to be designated by
7851 the governor.
7852 (b) A holiday may not extend for a longer period than 60 consecutive days.
7853 (c) Any holiday may be renewed for one or more periods not exceeding 30 days each as
7854 the governor may consider necessary, and any holiday may, by like proclamation, be terminated
7855 before the expiration of the period for which it was declared.
7856 Section 206. Section 63G-2-501 is amended to read:
7857 63G-2-501. State Records Committee created -- Membership -- Terms --
7858 Vacancies -- Expenses.
7859 (1) There is created the State Records Committee within the Department of
7860 [
7861 individuals:
7862 (a) an individual in the private sector whose profession requires the individual to create
7863 or manage records that, if created by a governmental entity, would be private or controlled;
7864 (b) an individual with experience with electronic records and databases, as
7865 recommended by a statewide technology advocacy organization that represents the public,
7866 private, and nonprofit sectors;
7867 (c) the director of the Division of Archives and Records Services or the director's
7868 designee;
7869 (d) two citizen members;
7870 (e) one person representing political subdivisions, as recommended by the Utah League
7871 of Cities and Towns; and
7872 (f) one individual representing the news media.
7873 (2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
7874 (e), and (f) with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
7875 Part 2, Vacancies.
7876 (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
7877 member to a four-year term.
7878 (b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
7879 or reappointment, adjust the length of terms to ensure that the terms of committee members are
7880 staggered so that approximately half of the committee is appointed every two years.
7881 (c) Each appointed member is eligible for reappointment for one additional term.
7882 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
7883 appointed for the unexpired term.
7884 (5) A member of the State Records Committee may not receive compensation or
7885 benefits for the member's service on the committee, but may receive per diem and travel
7886 expenses in accordance with:
7887 (a) Section 63A-3-106;
7888 (b) Section 63A-3-107; and
7889 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
7890 (6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the
7891 conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
7892 Section 207. Section 63G-3-102 is amended to read:
7893 63G-3-102. Definitions.
7894 As used in this chapter:
7895 (1) "Administrative record" means information an agency relies upon when making a
7896 rule under this chapter including:
7897 (a) the proposed rule, change in the proposed rule, and the rule analysis form;
7898 (b) the public comment received and recorded by the agency during the public
7899 comment period;
7900 (c) the agency's response to the public comment;
7901 (d) the agency's analysis of the public comment; and
7902 (e) the agency's report of its decision-making process.
7903 (2) "Agency" means each state board, authority, commission, institution, department,
7904 division, officer, or other state government entity other than the Legislature, its committees, the
7905 political subdivisions of the state, or the courts, which is authorized or required by law to make
7906 rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
7907 perform other similar actions or duties delegated by law.
7908 (3) "Bulletin" means the Utah State Bulletin.
7909 (4) "Catchline" means a short summary of each section, part, rule, or title of the code
7910 that follows the section, part, rule, or title reference placed before the text of the rule and serves
7911 the same function as boldface in legislation as described in Section 68-3-13.
7912 (5) "Code" means the body of all effective rules as compiled and organized by the
7913 office and entitled "Utah Administrative Code."
7914 (6) "Department" means the Department of [
7915 Operations created in Section 63A-1-104.
7916 (7) "Director" means the director of the office.
7917 (8) "Effective" means operative and enforceable.
7918 (9) "Executive director" means the executive director of the department.
7919 (10) "File" means to submit a document to the office as prescribed by the office.
7920 (11) "Filing date" means the day and time the document is recorded as received by the
7921 office.
7922 (12) "Interested person" means any person affected by or interested in a proposed rule,
7923 amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402.
7924 (13) "Office" means the Office of Administrative Rules created in Section 63G-3-401.
7925 (14) "Order" means an agency action that determines the legal rights, duties, privileges,
7926 immunities, or other interests of one or more specific persons, but not a class of persons.
7927 (15) "Person" means any individual, partnership, corporation, association,
7928 governmental entity, or public or private organization of any character other than an agency.
7929 (16) "Publication" or "publish" means making a rule available to the public by
7930 including the rule or a summary of the rule in the bulletin.
7931 (17) "Publication date" means the inscribed date of the bulletin.
7932 (18) "Register" may include an electronic database.
7933 (19) (a) "Rule" means an agency's written statement that:
7934 (i) is explicitly or implicitly required by state or federal statute or other applicable law;
7935 (ii) implements or interprets a state or federal legal mandate; and
7936 (iii) applies to a class of persons or another agency.
7937 (b) "Rule" includes the amendment or repeal of an existing rule.
7938 (c) "Rule" does not mean:
7939 (i) orders;
7940 (ii) an agency's written statement that applies only to internal management and that
7941 does not restrict the legal rights of a public class of persons or another agency;
7942 (iii) the governor's executive orders or proclamations;
7943 (iv) opinions issued by the attorney general's office;
7944 (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as
7945 required by Section 63G-3-201;
7946 (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
7947 63G-3-201(6); or
7948 (vii) an agency written statement that is in violation of any state or federal law.
7949 (20) "Rule analysis" means the format prescribed by the office to summarize and
7950 analyze rules.
7951 (21) "Small business" means a business employing fewer than 50 persons.
7952 (22) "Substantive change" means a change in a rule that affects the application or
7953 results of agency actions.
7954 Section 208. Section 63G-3-401 is amended to read:
7955 63G-3-401. Office of Administrative Rules created -- Director.
7956 (1) There is created within the Department of [
7957 Operations the Office of Administrative Rules, to be administered by a director.
7958 (2) (a) The executive director shall appoint the director.
7959 (b) The director shall hire, train, and supervise staff necessary for the office to carry out
7960 the provisions of this chapter.
7961 Section 209. Section 63G-6a-106 is amended to read:
7962 63G-6a-106. Independent procurement units.
7963 (1) An independent procurement unit may, without the supervision, interference,
7964 oversight, control, or involvement of the division or the chief procurement officer, but in
7965 accordance with the requirements of this chapter:
7966 (a) engage in a standard procurement process;
7967 (b) acquire a procurement item under an exception, as provided in this chapter, to the
7968 requirement to use a standard procurement process; or
7969 (c) otherwise engage in an act authorized or required by this chapter.
7970 (2) Notwithstanding Subsection (1), an independent procurement unit may agree in
7971 writing with the division to extend the authority of the division or the chief procurement officer
7972 to the procurement unit, as provided in the agreement.
7973 (3) With respect to a procurement or contract over which an independent procurement
7974 unit's procurement official has authority, the procurement official may:
7975 (a) manage and supervise the procurement to ensure to the extent practicable that
7976 taxpayers receive the best value;
7977 (b) prepare and issue standard specifications for procurement items;
7978 (c) review contracts, coordinate contract compliance, conduct contract audits, and
7979 approve change orders;
7980 (d) delegate duties and authority to an employee of the procurement unit, as the
7981 independent procurement unit's procurement official considers appropriate;
7982 (e) for the procurement official of an executive branch procurement unit that is an
7983 independent procurement unit, coordinate with the [
7984 Services, created in Section [
7985 procurement of information technology services;
7986 (f) correct, amend, or cancel a procurement at any stage of the procurement process if
7987 the procurement is out of compliance with this chapter or a rule adopted by the rulemaking
7988 authority;
7989 (g) attempt to resolve a contract dispute in coordination with the legal counsel of the
7990 independent procurement unit; and
7991 (h) at any time during the term of a contract awarded by the independent procurement
7992 unit, correct or amend a contract to bring it into compliance or cancel the contract:
7993 (i) if the procurement official determines that correcting, amending, or canceling the
7994 contract is in the best interest of the procurement unit; and
7995 (ii) after consulting with, as applicable, the attorney general's office or the procurement
7996 unit's legal counsel.
7997 (4) The attorney general may, in accordance with the provisions of this chapter, but
7998 without involvement by the division or the chief procurement officer:
7999 (a) retain outside counsel, subject to Section 67-5-33 if the attorney general retains
8000 outside counsel under a contingent fee contract, as defined in that section; or
8001 (b) procure litigation support services, including retaining an expert witness.
8002 (5) An independent procurement unit that is not represented by the attorney general's
8003 office may, in accordance with the provisions of this chapter, but without involvement by the
8004 division or the chief procurement officer:
8005 (a) retain outside counsel; or
8006 (b) procure litigation support services, including retaining an expert witness.
8007 (6) The state auditor's office may, in accordance with the provisions of this chapter, but
8008 without involvement by the division or the chief procurement officer, procure audit services.
8009 (7) The state treasurer may, in accordance with the provisions of this chapter, but
8010 without involvement by the division or the chief procurement officer, procure:
8011 (a) deposit services; and
8012 (b) services related to issuing bonds.
8013 Section 210. Section 63G-6a-116 is amended to read:
8014 63G-6a-116. Procurement of administrative law judge service.
8015 (1) As used in this section:
8016 (a) "Administrative law judge" means the same as that term is defined in Section
8017 [
8018 (b) "Administrative law judge service" means service provided by an administrative
8019 law judge.
8020 (2) A procurement unit shall use a standard procurement process under this chapter for
8021 the procurement of administrative law judge service.
8022 (3) For a procurement of administrative law judge service, an evaluation committee
8023 shall consist of:
8024 (a) the head of the conducting procurement unit, or the head's designee;
8025 (b) the head of an executive branch procurement unit other than the conducting
8026 procurement unit, appointed by the [
8027 Human Resource Management, or the head's designee; and
8028 (c) the [
8029 Management, or the [
8030 (4) Within 30 days after the day on which a conducting procurement unit awards a
8031 contract for administrative law judge service, the conducting procurement unit shall give
8032 written notice to the [
8033 (a) that the conducting procurement unit awarded a contract for administrative law
8034 judge service;
8035 (b) the name of the conducting procurement unit; and
8036 (c) the expected term of the contract.
8037 (5) A procurement of administrative law judge service using a small purchase process
8038 is subject to rules made pursuant to Subsection 63G-6a-506(2)(c).
8039 Section 211. Section 63G-6a-202 is amended to read:
8040 63G-6a-202. Creation of Utah State Procurement Policy Board.
8041 (1) There is created the Utah State Procurement Policy Board.
8042 (2) The board consists of up to 15 members as follows:
8043 (a) two representatives of state institutions of higher education, appointed by the Utah
8044 Board of Higher Education;
8045 (b) a representative of the Department of Human Services, appointed by the executive
8046 director of that department;
8047 (c) a representative of the Department of Transportation, appointed by the executive
8048 director of that department;
8049 (d) two representatives of school districts, appointed by the State Board of Education;
8050 (e) a representative of the Division of Facilities Construction and Management,
8051 appointed by the director of that division;
8052 (f) one representative of a county, appointed by the Utah Association of Counties;
8053 (g) one representative of a city or town, appointed by the Utah League of Cities and
8054 Towns;
8055 (h) two representatives of local districts or special service districts, appointed by the
8056 Utah Association of Special Districts;
8057 (i) the [
8058 executive director's designee;
8059 (j) the chief procurement officer or the chief procurement officer's designee; and
8060 (k) two representatives of state agencies, other than a state agency already represented
8061 on the board, appointed by the executive director of the Department of [
8062
8063 agency that employs the employee.
8064 (3) Members of the board shall be knowledgeable and experienced in, and have
8065 supervisory responsibility for, procurement in their official positions.
8066 (4) A board member may serve as long as the member meets the description in
8067 Subsection (2) unless removed by the person or entity with the authority to appoint the board
8068 member.
8069 (5) (a) The board shall:
8070 (i) adopt rules of procedure for conducting its business; and
8071 (ii) elect a chair to serve for one year.
8072 (b) The chair of the board shall be selected by a majority of the members of the board
8073 and may be elected to succeeding terms.
8074 (c) The chief procurement officer shall designate an employee of the division to serve
8075 as the nonvoting secretary to the policy board.
8076 (6) A member of the board may not receive compensation or benefits for the member's
8077 service, but may receive per diem and travel expenses in accordance with:
8078 (a) Section 63A-3-106;
8079 (b) Section 63A-3-107; and
8080 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
8081 63A-3-107.
8082 Section 212. Section 63G-6a-302 is amended to read:
8083 63G-6a-302. Chief procurement officer -- Appointment -- Qualifications --
8084 Authority.
8085 (1) The executive director of the Department of [
8086 Operations, with the consent of the governor, shall appoint the chief procurement officer after
8087 considering recommendations from the board.
8088 (2) The chief procurement officer shall:
8089 (a) have a minimum of eight years' experience:
8090 (i) (A) in the large-scale procurement of supplies, services, or construction; or
8091 (B) negotiating contract terms and conditions; and
8092 (ii) at least five years of which shall have been in public or comparable private
8093 procurement within 12 years preceding the date of appointment; and
8094 (b) be a person with demonstrated executive and organizational ability.
8095 (3) The chief procurement officer appointed under Subsection (1) is also the director of
8096 the Division of Purchasing and General Services.
8097 (4) The chief procurement officer has authority over a procurement by a procurement
8098 unit, except:
8099 (a) an independent procurement unit; or
8100 (b) as otherwise expressly provided in this chapter.
8101 Section 213. Section 63G-6a-303 is amended to read:
8102 63G-6a-303. Role, duties, and authority of chief procurement officer.
8103 (1) The chief procurement officer:
8104 (a) is the director of the division;
8105 (b) serves as the central procurement officer of the state;
8106 (c) serves as a voting member of the board; and
8107 (d) serves as the protest officer for a protest relating to a procurement of an executive
8108 branch procurement, except an executive branch procurement unit designated under Subsection
8109 63G-6a-103(39)(b), (c), (d), or (e) as an independent procurement unit, or a state cooperative
8110 contract procurement, unless the chief procurement officer designates another to serve as
8111 protest officer, as authorized in this chapter.
8112 (2) Except as otherwise provided in this chapter, the chief procurement officer shall:
8113 (a) develop procurement policies and procedures supporting ethical procurement
8114 practices, fair and open competition among vendors, and transparency within the state's
8115 procurement process;
8116 (b) administer the state's cooperative purchasing program, including state cooperative
8117 contracts and associated administrative fees;
8118 (c) enter into an agreement with a public entity for services provided by the division, if
8119 the agreement is in the best interest of the state;
8120 (d) ensure the division's compliance with any applicable law, rule, or policy, including
8121 a law, rule, or policy applicable to the division's role as an issuing procurement unit or
8122 conducting procurement unit, or as the state's central procurement organization;
8123 (e) manage the division's electronic procurement system;
8124 (f) oversee the recruitment, training, career development, certification requirements,
8125 and performance evaluation of the division's procurement personnel;
8126 (g) make procurement training available to procurement units and persons who do
8127 business with procurement units;
8128 (h) provide exemplary customer service and continually improve the division's
8129 procurement operations;
8130 (i) exercise all other authority, fulfill all other duties and responsibilities, and perform
8131 all other functions authorized under this chapter; and
8132 (j) ensure that any training described in this Subsection (2) complies with Title 63G,
8133 Chapter 22, State Training and Certification Requirements.
8134 (3) With respect to a procurement or contract over which the chief procurement officer
8135 has authority under this chapter, the chief procurement officer, except as otherwise provided in
8136 this chapter:
8137 (a) shall:
8138 (i) manage and supervise a procurement to ensure to the extent practicable that
8139 taxpayers receive the best value;
8140 (ii) prepare and issue standard specifications for procurement items;
8141 (iii) review contracts, coordinate contract compliance, conduct contract audits, and
8142 approve change orders;
8143 (iv) in accordance with Section [
8144 [
8145 with respect to the procurement of information technology services by an executive branch
8146 procurement unit;
8147 (v) correct, amend, or cancel a procurement at any stage of the procurement process if
8148 the procurement is out of compliance with this chapter or a board rule;
8149 (vi) after consultation with the attorney general's office, correct, amend, or cancel a
8150 contract at any time during the term of the contract if:
8151 (A) the contract is out of compliance with this chapter or a board rule; and
8152 (B) the chief procurement officer determines that correcting, amending, or canceling
8153 the contract is in the best interest of the state; and
8154 (vii) make a reasonable attempt to resolve a contract dispute, in coordination with the
8155 attorney general's office; and
8156 (b) may:
8157 (i) delegate limited purchasing authority to a state agency, with appropriate oversight
8158 and control to ensure compliance with this chapter;
8159 (ii) delegate duties and authority to an employee of the division, as the chief
8160 procurement officer considers appropriate;
8161 (iii) negotiate and settle contract overcharges, undercharges, and claims, in accordance
8162 with the law and after consultation with the attorney general's office;
8163 (iv) authorize a procurement unit to make a procurement pursuant to a regional
8164 solicitation, as defined in Subsection 63G-6a-2105(7), even if the procurement item is also
8165 offered under a state cooperative contract, if the chief procurement officer determines that the
8166 procurement pursuant to a regional solicitation is in the best interest of the acquiring
8167 procurement unit; and
8168 (v) remove an individual from the procurement process or contract administration for:
8169 (A) having a conflict of interest or the appearance of a conflict of interest with a person
8170 responding to a solicitation or with a contractor;
8171 (B) having a bias or the appearance of bias for or against a person responding to a
8172 solicitation or for or against a contractor;
8173 (C) making an inconsistent or unexplainable score for a solicitation response;
8174 (D) having inappropriate contact or communication with a person responding to a
8175 solicitation;
8176 (E) socializing inappropriately with a person responding to a solicitation or with a
8177 contractor;
8178 (F) engaging in any other action or having any other association that causes the chief
8179 procurement officer to conclude that the individual cannot fairly evaluate a solicitation
8180 response or administer a contract; or
8181 (G) any other violation of a law, rule, or policy.
8182 (4) The chief procurement officer may not delegate to an individual outside the
8183 division the chief procurement officer's authority over a procurement described in Subsection
8184 (3)(a)(iv).
8185 (5) The chief procurement officer has final authority to determine whether an executive
8186 branch procurement unit's anticipated expenditure of public funds, anticipated agreement to
8187 expend public funds, or provision of a benefit constitutes a procurement that is subject to this
8188 chapter.
8189 (6) Except as otherwise provided in this chapter, the chief procurement officer shall
8190 review, monitor, and audit the procurement activities and delegated procurement authority of
8191 an executive branch procurement unit, except to the extent that an executive branch
8192 procurement unit is designated under Subsection 63G-6a-103(39)(b), (c), (d), or (e) as an
8193 independent procurement unit, to ensure compliance with this chapter, rules made by the
8194 applicable rulemaking authority, and division policies.
8195 Section 214. Section 63G-6a-506 is amended to read:
8196 63G-6a-506. Small purchases.
8197 (1) As used in this section:
8198 (a) "Annual cumulative threshold" means the maximum total annual amount,
8199 established by the rulemaking authority under Subsection (2), that a procurement unit may
8200 expend to obtain procurement items from the same source under this section.
8201 (b) "Individual procurement threshold" means the maximum amount, established by
8202 the rulemaking authority under Subsection (2), for which a procurement unit may purchase a
8203 procurement item under this section.
8204 (c) "Single procurement aggregate threshold" means the maximum total amount,
8205 established by the rulemaking authority under Subsection (2), that a procurement unit may
8206 expend to obtain multiple procurement items from one source at one time under this section.
8207 (2) (a) The rulemaking authority may make rules governing small purchases of any
8208 procurement item, including construction, job order contracting, design professional services,
8209 other professional services, information technology, and goods.
8210 (b) Rules under Subsection (2)(a) may include provisions:
8211 (i) establishing expenditure thresholds, including:
8212 (A) an annual cumulative threshold;
8213 (B) an individual procurement threshold; and
8214 (C) a single procurement aggregate threshold;
8215 (ii) establishing procurement requirements relating to the thresholds described in
8216 Subsection (2)(b)(i); and
8217 (iii) providing for the use of electronic, telephone, or written quotes.
8218 (c) If a procurement unit obtains administrative law judge service through a small
8219 purchase standard procurement process, rules made under Subsection (2)(a) shall provide that
8220 the process for the procurement of administrative law judge service include an evaluation
8221 committee described in Subsection 63G-6a-116(3).
8222 (3) Expenditures made under this section by a procurement unit may not exceed a
8223 threshold established by the rulemaking authority, unless the procurement official gives written
8224 authorization to exceed the threshold that includes the reasons for exceeding the threshold.
8225 (4) Except as provided in Subsection (5), an executive branch procurement unit may
8226 not obtain a procurement item through a small purchase standard procurement process if the
8227 procurement item may be obtained through a state cooperative contract or a contract awarded
8228 by the chief procurement officer under Subsection 63G-6a-2105(1).
8229 (5) Subsection (4) does not apply if:
8230 (a) the procurement item is obtained for an unanticipated, urgent, or emergency
8231 condition, including:
8232 (i) an item needed to avoid stopping a public construction project;
8233 (ii) an immediate repair to a facility or equipment; or
8234 (iii) another emergency condition; or
8235 (b) the chief procurement officer or the procurement official of a procurement unit that
8236 is an executive branch procurement unit with independent procurement authority:
8237 (i) determines in writing that it is in the best interest of the procurement unit to obtain
8238 an individual procurement item outside of the state contract, comparing:
8239 (A) the contract terms and conditions applicable to the procurement item under the
8240 state contract with the contract terms and conditions applicable to the procurement item if the
8241 procurement item is obtained outside of the state contract;
8242 (B) the maintenance and service applicable to the procurement item under the state
8243 contract with the maintenance and service applicable to the procurement item if the
8244 procurement item is obtained outside of the state contract;
8245 (C) the warranties applicable to the procurement item under the state contract with the
8246 warranties applicable to the procurement item if the procurement item is obtained outside of
8247 the state contract;
8248 (D) the quality of the procurement item under the state contract with the quality of the
8249 procurement item if the procurement item is obtained outside of the state contract; and
8250 (E) the ability of the vendor under the state contract to match the quoted cost of the
8251 procurement item if the procurement item is obtained outside of the state contract;
8252 (ii) for a procurement item that, if defective in its manufacture, installation, or
8253 performance, may result in serious physical injury, death, or substantial property damage,
8254 determines in writing that the terms and conditions, relating to liability for injury, death, or
8255 property damage, available from the source other than the contractor who holds the state
8256 contract, are similar to, or better than, the terms and conditions available under the state
8257 contract; and
8258 (iii) grants an exception, in writing, to the requirement described in Subsection (4).
8259 (6) Except as otherwise expressly provided in this section, a procurement unit:
8260 (a) may not use the small purchase standard procurement process described in this
8261 section for ongoing, continuous, and regularly scheduled procurements that exceed the annual
8262 cumulative threshold; and
8263 (b) shall make its ongoing, continuous, and regularly scheduled procurements that
8264 exceed the annual cumulative threshold through a contract awarded through another standard
8265 procurement process described in this chapter or an applicable exception to another standard
8266 procurement process, described in Part 8, Exceptions to Procurement Requirements.
8267 (7) This section does not prohibit regularly scheduled payments for a procurement item
8268 obtained under another provision of this chapter.
8269 (8) (a) It is unlawful for a person knowingly to divide a single procurement into
8270 multiple smaller procurements, including by dividing an invoice or purchase order into
8271 multiple invoices or purchase orders, if:
8272 (i) the single procurement would not have qualified as a small purchase under this
8273 section;
8274 (ii) one or more of the multiple smaller procurements qualify as a small purchase under
8275 this section; and
8276 (iii) the division is done with the intent to:
8277 (A) avoid having to use a standard procurement process, other than the small purchase
8278 process, that the person would otherwise be required to use for the single procurement; or
8279 (B) make one or more of the multiple smaller procurements fall below a small
8280 purchase expenditure threshold established by rule under Subsection (2)(b) that the single
8281 procurement would not have fallen below without the division.
8282 (b) A violation of Subsection (8)(a) is subject to penalties as provided in Subsection
8283 63G-6a-2404.3(2).
8284 (9) The Division of Finance within the Department of [
8285 Government Operations may conduct an audit of an executive branch procurement unit to
8286 verify compliance with the requirements of this section.
8287 (10) An executive branch procurement unit may not make a small purchase after
8288 January 1, 2014, unless the chief procurement officer certifies that the person responsible for
8289 procurements in the procurement unit has satisfactorily completed training on this section and
8290 the rules made under this section.
8291 Section 215. Section 63G-7-901 is amended to read:
8292 63G-7-901. Expenses of attorney general, general counsel for state judiciary, and
8293 general counsel for the Legislature in representing the state, the state's branches,
8294 members, or employees.
8295 (1) (a) The Office of the Attorney General has primary responsibility to provide legal
8296 representation to the judicial, executive, and legislative branches of state government in cases
8297 where coverage under the Risk Management Fund created by Section 63A-4-201 applies.
8298 (b) When the attorney general has primary responsibility to provide legal representation
8299 to the judicial or legislative branches, the attorney general shall consult with the general
8300 counsel for the state judiciary and with the general counsel for the Legislature, to solicit their
8301 assistance in defending their respective branch, and in determining strategy and making
8302 decisions concerning the disposition of those claims.
8303 (c) Notwithstanding Subsection (1)(b), the decision for settlement of monetary claims
8304 in those cases lies with the attorney general and the state risk manager.
8305 (2) (a) If the Judicial Council, after consultation with the general counsel for the state
8306 judiciary, determines that the Office of the Attorney General cannot adequately defend the state
8307 judiciary, its members, or employees because of a conflict of interest, separation of powers
8308 concerns, or other political or legal differences, the Judicial Council may direct its general
8309 counsel to separately represent and defend it.
8310 (b) If the general counsel for the state judiciary undertakes independent legal
8311 representation of the state judiciary, its members, or employees, the general counsel shall notify
8312 the state risk manager and the attorney general in writing before undertaking that
8313 representation.
8314 (c) If the state judiciary elects to be represented by its own counsel under this section,
8315 the decision for settlement of claims against the state judiciary, its members, or employees,
8316 where Risk Management Fund coverage applies, lies with the general counsel for the state
8317 judiciary and the state risk manager.
8318 (3) (a) If the Legislative Management Committee, after consultation with the general
8319 counsel for the Legislature, determines that the Office of the Attorney General cannot
8320 adequately defend the legislative branch, its members, or employees because of a conflict of
8321 interest, separation of powers concerns, or other political or legal differences, the Legislative
8322 Management Committee may direct its general counsel to separately represent and defend it.
8323 (b) If the general counsel for the Legislature undertakes independent legal
8324 representation of the Legislature, its members, or employees, the general counsel shall notify
8325 the state risk manager and the attorney general in writing before undertaking that
8326 representation.
8327 (c) If the legislative branch elects to be represented by its own counsel under this
8328 section, the decision for settlement of claims against the legislative branch, its members, or
8329 employees, where Risk Management Fund coverage applies, lies with the general counsel for
8330 the Legislature and the state risk manager.
8331 (4) (a) Notwithstanding the provisions of Section 67-5-3 or any other provision of the
8332 Utah Code, the attorney general, the general counsel for the state judiciary, and the general
8333 counsel for the Legislature may bill the Department of [
8334 Operations for all costs and legal fees expended by their respective offices, including attorneys'
8335 and secretarial salaries, in representing the state or any indemnified employee against any claim
8336 for which the Risk Management Fund may be liable and in advising state agencies and
8337 employees regarding any of those claims.
8338 (b) The risk manager shall draw funds from the Risk Management Fund for this
8339 purpose.
8340 Section 216. Section 63G-10-501 is amended to read:
8341 63G-10-501. Definitions.
8342 As used in this part:
8343 (1) "Executive director" means the individual appointed under Section 63A-1-105 as
8344 the executive director of the Department of [
8345 created in Section 63A-1-104.
8346 (2) "Risk management fund" means the fund created in Section 63A-4-201.
8347 (3) "Risk manager" means the state risk manager appointed under Section 63A-4-101.
8348 Section 217. Section 63G-21-102 is amended to read:
8349 63G-21-102. Definitions.
8350 As used in this chapter:
8351 (1) "Designated agency" means:
8352 (a) the Governor's Office of Economic Development;
8353 (b) the Division of Wildlife Resources;
8354 (c) the Department of Public Safety;
8355 (d) the [
8356 (e) the Department of Workforce Services.
8357 (2) (a) "State service" means a service or benefit regularly provided to the public by a
8358 designated agency.
8359 (b) "State service" includes:
8360 (i) for the Governor's Office of Economic Development or the [
8361 of Technology Services, public high-speed Internet access;
8362 (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
8363 (iii) for the Department of Public Safety, fingerprinting, an online driver license
8364 renewal, online appointment scheduling, an online motor vehicle record request, and an online
8365 change of address with the Driver License Division; and
8366 (iv) for the Department of Workforce Services, online job searches, verification of
8367 submission for benefits administered by the Department of Workforce Services, online
8368 unemployment applications, online food stamp applications, and online appointment
8369 scheduling.
8370 (3) "USPS" means the United States Postal Service.
8371 Section 218. Section 63J-1-206 is amended to read:
8372 63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
8373 Transfer of funds -- Exclusion.
8374 (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
8375 exempted in the appropriating act:
8376 (i) all money appropriated by the Legislature is appropriated upon the terms and
8377 conditions set forth in this chapter; and
8378 (ii) any department, agency, or institution that accepts money appropriated by the
8379 Legislature does so subject to the requirements of this chapter.
8380 (b) This section does not apply to:
8381 (i) the Legislature and its committees; and
8382 (ii) the Investigation Account of the Water Resources Construction Fund, which is
8383 governed by Section 73-10-8.
8384 (2) (a) Each item of appropriation is to be expended subject to any schedule of
8385 programs and any restriction attached to the item of appropriation, as designated by the
8386 Legislature.
8387 (b) Each schedule of programs or restriction attached to an appropriation item:
8388 (i) is a restriction or limitation upon the expenditure of the respective appropriation
8389 made;
8390 (ii) does not itself appropriate any money; and
8391 (iii) is not itself an item of appropriation.
8392 (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
8393 any department, agency, institution, division, or line item to any other department, agency,
8394 institution, division, or line item.
8395 (ii) If the money appropriated to an agency to pay lease payments under the program
8396 established in Section 63A-5b-703 exceeds the amount required for the agency's lease
8397 payments to the Division of Facilities Construction and Management, the agency may:
8398 (A) transfer money from the lease payments line item to other line items within the
8399 agency; and
8400 (B) retain and use the excess money for other purposes.
8401 (d) The money appropriated subject to a schedule of programs or restriction may be
8402 used only for the purposes authorized.
8403 (e) In order for a department, agency, or institution to transfer money appropriated to it
8404 from one program to another program within a line item, the department, agency, or institution
8405 shall revise its budget execution plan as provided in Section 63J-1-209.
8406 (f) (i) The procedures for transferring money between programs within a line item as
8407 provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
8408 Education for the Minimum School Program or capital outlay programs created in Title 53F,
8409 Chapter 3, State Funding -- Capital Outlay Programs.
8410 (ii) The state superintendent may transfer money appropriated for the programs
8411 specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
8412 (3) Notwithstanding Subsection (2)(c)(i):
8413 (a) the state superintendent may transfer money appropriated for the Minimum School
8414 Program between line items in accordance with Section 53F-2-205;
8415 (b) the Department of [
8416 money appropriated for the purpose of paying the costs of paid employee postpartum recovery
8417 leave under Section [
8418 division; and
8419 (c) the Department of [
8420 or divert money to another department, agency, institution, or division only for the purposes of
8421 coordinating and providing a state response to the coronavirus.
8422 Section 219. Section 63J-1-219 is amended to read:
8423 63J-1-219. Definitions -- Federal receipts reporting requirements.
8424 (1) As used in this section:
8425 (a) (i) "Designated state agency" means the Department of [
8426 Government Operations, the Department of Agriculture and Food, the Department of Alcoholic
8427 Beverage Control, the Department of Commerce, the Department of Heritage and Arts, the
8428 Department of Corrections, the Department of Environmental Quality, the Department of
8429 Financial Institutions, the Department of Health, [
8430
8431 Department of Natural Resources, the Department of Public Safety, [
8432
8433 Military Affairs, the Department of Workforce Services, the Labor Commission, the Office of
8434 Economic Development, the Public Service Commission, the Utah Board of Higher Education,
8435 the State Board of Education, the State Tax Commission, or the Utah National Guard.
8436 (ii) "Designated state agency" does not include the judicial branch, the legislative
8437 branch, or an office or other entity within the judicial branch or the legislative branch.
8438 (b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
8439 Sec. 7501, that is reported as part of a single audit.
8440 (c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
8441 (2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
8442 before October 31, prepare a report that:
8443 (a) reports the aggregate value of federal receipts the designated state agency received
8444 for the preceding fiscal year;
8445 (b) reports the aggregate amount of federal funds appropriated by the Legislature to the
8446 designated state agency for the preceding fiscal year;
8447 (c) calculates the percentage of the designated state agency's total budget for the
8448 preceding fiscal year that constitutes federal receipts that the designated state agency received
8449 for that fiscal year; and
8450 (d) develops plans for operating the designated state agency if there is a reduction of:
8451 (i) 5% or more in the federal receipts that the designated state agency receives; and
8452 (ii) 25% or more in the federal receipts that the designated state agency receives.
8453 (3) (a) The report required by Subsection (2) that the Utah Board of Higher Education
8454 prepares shall include the information required by Subsections (2)(a) through (c) for each state
8455 institution of higher education listed in Section 53B-2-101.
8456 (b) The report required by Subsection (2) that the State Board of Education prepares
8457 shall include the information required by Subsections (2)(a) through (c) for each school district
8458 and each charter school within the public education system.
8459 (4) A designated state agency that prepares a report in accordance with Subsection (2)
8460 shall submit the report to the Division of Finance on or before November 1 of each year.
8461 (5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
8462 report that:
8463 (i) compiles and summarizes the reports the Division of Finance receives in accordance
8464 with Subsection (4); and
8465 (ii) compares the aggregate value of federal receipts each designated state agency
8466 received for the previous fiscal year to the aggregate amount of federal funds appropriated by
8467 the Legislature to that designated state agency for that fiscal year.
8468 (b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
8469 compile a list of designated state agencies that do not submit a report as required by this
8470 section.
8471 (6) The Division of Finance shall submit the report required by Subsection (5) to the
8472 Executive Appropriations Committee on or before December 1 of each year.
8473 (7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
8474 Appropriations Committee shall place the report on the agenda for review and consideration at
8475 the next Executive Appropriations Committee meeting.
8476 (8) When considering the report required by Subsection (5), the Executive
8477 Appropriations Committee may elect to:
8478 (a) recommend that the Legislature reduce or eliminate appropriations for a designated
8479 state agency;
8480 (b) take no action; or
8481 (c) take another action that a majority of the committee approves.
8482 Section 220. Section 63J-1-602.2 is amended to read:
8483 63J-1-602.2. List of nonlapsing appropriations to programs.
8484 Appropriations made to the following programs are nonlapsing:
8485 (1) The Legislature and the Legislature's committees.
8486 (2) The State Board of Education, including all appropriations to agencies, line items,
8487 and programs under the jurisdiction of the State Board of Education, in accordance with
8488 Section 53F-9-103.
8489 (3) The Percent-for-Art Program created in Section 9-6-404.
8490 (4) The LeRay McAllister Critical Land Conservation Program created in Section
8491 11-38-301.
8492 (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
8493 Subsection 17-16-21(2)(d)(ii).
8494 (6) The Trip Reduction Program created in Section 19-2a-104.
8495 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
8496 the Pelican Management Act, as provided in Section 23-21a-6.
8497 (8) The emergency medical services grant program in Section 26-8a-207.
8498 (9) The primary care grant program created in Section 26-10b-102.
8499 (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
8500 26-18-3(7).
8501 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
8502 26-46-102.
8503 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
8504 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
8505 (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
8506 with Subsection 32B-2-301(8)(a) or (b).
8507 (15) The General Assistance program administered by the Department of Workforce
8508 Services, as provided in Section 35A-3-401.
8509 (16) A new program or agency that is designated as nonlapsing under Section
8510 36-24-101.
8511 (17) The Utah National Guard, created in Title 39, Militia and Armories.
8512 (18) The State Tax Commission under Section 41-1a-1201 for the:
8513 (a) purchase and distribution of license plates and decals; and
8514 (b) administration and enforcement of motor vehicle registration requirements.
8515 (19) The Search and Rescue Financial Assistance Program, as provided in Section
8516 53-2a-1102.
8517 (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
8518 (21) The Utah Board of Higher Education for teacher preparation programs, as
8519 provided in Section 53B-6-104.
8520 (22) The Medical Education Program administered by the Medical Education Council,
8521 as provided in Section 53B-24-202.
8522 (23) The Division of Services for People with Disabilities, as provided in Section
8523 62A-5-102.
8524 (24) The Division of Fleet Operations for the purpose of upgrading underground
8525 storage tanks under Section 63A-9-401.
8526 (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
8527 (26) Appropriations to the [
8528 technology innovation as provided under Section [
8529 (27) The Office of Administrative Rules for publishing, as provided in Section
8530 63G-3-402.
8531 (28) The Governor's Office of Economic Development to fund the Enterprise Zone
8532 Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
8533 (29) Appropriations to fund the Governor's Office of Economic Development's Rural
8534 Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
8535 Employment Expansion Program.
8536 (30) Appropriations to fund programs for the Jordan River Recreation Area as
8537 described in Section 65A-2-8.
8538 (31) The [
8539 program, as provided in Section [
8540 (32) A public safety answering point's emergency telecommunications service fund, as
8541 provided in Section 69-2-301.
8542 (33) The Traffic Noise Abatement Program created in Section 72-6-112.
8543 (34) The Judicial Council for compensation for special prosecutors, as provided in
8544 Section 77-10a-19.
8545 (35) A state rehabilitative employment program, as provided in Section 78A-6-210.
8546 (36) The Utah Geological Survey, as provided in Section 79-3-401.
8547 (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
8548 (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
8549 78B-6-144.5.
8550 (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
8551 Defense Commission.
8552 (40) The program established by the Division of Facilities Construction and
8553 Management under Section 63A-5b-703 under which state agencies receive an appropriation
8554 and pay lease payments for the use and occupancy of buildings owned by the Division of
8555 Facilities Construction and Management.
8556 Section 221. Section 67-1-8.1 is amended to read:
8557 67-1-8.1. Executive Residence Commission -- Recommendations as to use,
8558 maintenance, and operation of executive residence.
8559 (1) The Legislature finds and declares that:
8560 (a) the state property known as the Thomas Kearns Mansion is a recognized state
8561 landmark possessing historical and architectural qualities that should be preserved; and
8562 (b) the Thomas Kearns Mansion was the first building listed on the National Register
8563 of Historic Places in the state.
8564 (2) As used in this section:
8565 (a) "Executive residence" includes the:
8566 (i) Thomas Kearns Mansion;
8567 (ii) Carriage House building; and
8568 (iii) grounds and landscaping surrounding the Thomas Kearns Mansion and the
8569 Carriage House building.
8570 (b) "Commission" means the Executive Residence Commission established in this
8571 section.
8572 (3) (a) An Executive Residence Commission is established to make recommendations
8573 to the State Building Board for the use, operation, maintenance, repair, rehabilitation,
8574 alteration, restoration, placement of art and monuments, or adoptive use of the executive
8575 residence.
8576 (b) The commission shall meet at least once a year and make any recommendations to
8577 the State Building Board prior to August 1 of each year.
8578 (4) The commission shall consist of nine voting members and one ex officio,
8579 nonvoting member representing the Governor's Mansion Foundation. The membership shall
8580 consist of:
8581 (a) three private citizens appointed by the governor, who have demonstrated an interest
8582 in historical preservation;
8583 (b) three additional private citizens appointed by the governor with the following
8584 background:
8585 (i) an interior design professional with a background in historic spaces;
8586 (ii) an architect with a background in historic preservation and restoration
8587 recommended by the Utah chapter of the American Institute of Architects; and
8588 (iii) a landscape architect with a background and knowledge of historic properties
8589 recommended by the Utah chapter of the American Society of Landscape Architects;
8590 (c) the director, or director's designee, of the Division of Art and Museums;
8591 (d) the director, or director's designee, of the Division of State History; and
8592 (e) the executive director, or executive director's designee, of the Department of
8593 [
8594 (5) (a) Except as required by Subsection (5)(b), as terms of current commission
8595 members expire, the governor shall appoint each new member or reappointed member to a
8596 four-year term ending on March 1.
8597 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
8598 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
8599 commission members are staggered so that approximately half of the commission is appointed
8600 every two years.
8601 (6) (a) The governor shall appoint a chair from among the membership of the
8602 commission.
8603 (b) Six members of the commission shall constitute a quorum, and either the chair or
8604 two other members of the commission may call meetings of the commission.
8605 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
8606 appointed for the unexpired term.
8607 (8) A member may not receive compensation or benefits for the member's service, but
8608 may receive per diem and travel expenses in accordance with:
8609 (a) Section 63A-3-106;
8610 (b) Section 63A-3-107; and
8611 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
8612 63A-3-107.
8613 (9) The Division of Facilities Construction and Management shall provide the
8614 administrative support to the commission.
8615 Section 222. Section 67-5-7 is amended to read:
8616 67-5-7. Establishment of career service system.
8617 (1) The purpose of this chapter is to establish a career service system for employees of
8618 the Office of the Attorney General that will attract and retain employees of proven ability and
8619 experience who will devote their full time to the service of the state.
8620 (2) The Office of the Attorney General may adopt policies necessary to implement this
8621 chapter, including personnel and work policies different from those made by the [
8622 Division of Human Resource Management.
8623 Section 223. Section 67-5-22 is amended to read:
8624 67-5-22. Identity theft reporting information system -- Internet website and
8625 database -- Access -- Maintenance and rulemaking -- Criminal provisions.
8626 (1) There is created within the Office of the Attorney General the Identity Theft
8627 Reporting Information System (IRIS) Program to establish a database and Internet website to:
8628 (a) allow persons in the state to submit reports of identity theft;
8629 (b) assist the Office of the Attorney General in notifying state and local law
8630 enforcement agencies of reports of identity theft;
8631 (c) provide assistance and resources to victims of identity theft;
8632 (d) provide a centralized location where information related to incidents of identity
8633 theft may be securely stored and accessed for the benefit of victims of identity theft; and
8634 (e) provide public education and information relating to identity theft.
8635 (2) (a) The Internet website shall be maintained by the Office of the Attorney General
8636 and shall be made available to the public and to victims of identity-related crimes.
8637 (b) The Internet website shall:
8638 (i) allow a victim of an identity-related crime to report the crime on the website and
8639 have the victim's report routed to the appropriate law enforcement agency for the jurisdiction in
8640 which the crime occurred; and
8641 (ii) provide public education and information relating to identity theft.
8642 (c) The Internet website may be expanded to provide other identity-related services to
8643 victims according to the procedures of Subsection (4).
8644 (3) (a) The [
8645 maintain the database established under this section in an electronic file or other format as
8646 established by the department.
8647 (b) (i) The database shall be maintained for the purpose of identifying victims of
8648 identity theft who have filed a report with the program established under this section, and may
8649 contain the personally identifiable information for each victim, which may include the
8650 following information related to an incident of identify theft:
8651 (A) the victim's name, address, email addresses, and telephone numbers;
8652 (B) the victim's Social Security number and other identifying information;
8653 (C) the victim's financial institution information, account numbers, and transaction
8654 information;
8655 (D) the victim's benefit information;
8656 (E) the victim's credit account information;
8657 (F) the victim's loan information;
8658 (G) the victim's employment information;
8659 (H) the victim's Internal Revenue Service or tax information;
8660 (I) the victim's utility service information;
8661 (J) information concerning legal matters or collections related to the incident;
8662 (K) information concerning unauthorized or illegal transactions, denied credit, stolen
8663 identification, and all other unauthorized actions related to the identity theft; and
8664 (L) any other information related to the incident of identity theft that the victim or the
8665 Office of the Attorney General elects to include in the database.
8666 (ii) The database shall record and maintain:
8667 (A) identification information for each person who requests or receives information
8668 from the database;
8669 (B) a record of the information that is requested or received by each person who
8670 requests or receives information from the database; and
8671 (C) a record of the date and time that any information is requested or provided from the
8672 database.
8673 (c) Information in the database is considered to be the property of the Office of the
8674 Attorney General, and retains any classification given it under Title 63G, Chapter 2,
8675 Government Records Access and Management Act.
8676 (4) The [
8677 of the Attorney General, may make rules to:
8678 (a) permit the following persons to have access to the database:
8679 (i) federal, state, and local law enforcement authorities, provided that the authority is
8680 acting within a specified duty of the authority's employment in enforcing laws;
8681 (ii) participating merchants and financial institutions, provided that the merchant or
8682 institution has entered into an access agreement with the Office of the Attorney General; and
8683 (iii) other persons, to be established by rule, provided that the person's access to the
8684 information is necessary and reasonable to accomplish the purposes of the program as provided
8685 in Subsection (1);
8686 (b) define and enforce limitations on access to information via the Internet website or
8687 in the database; and
8688 (c) establish standards and procedures to ensure accurate identification of individuals
8689 that are requesting or receiving information from the Internet website or the database.
8690 (5) (a) In addition to the penalties provided under Title 63G, Chapter 2, Government
8691 Records Access and Management Act, a person may not knowingly and intentionally release or
8692 disclose information from the database in violation of the limitations provided under
8693 Subsection (4)(a).
8694 (b) A violation of Subsection (5)(a) is a third degree felony.
8695 (6) (a) A person may not obtain or attempt to obtain information from the database by
8696 misrepresentation or fraud.
8697 (b) A violation of Subsection (6)(a) is a third degree felony.
8698 (7) (a) A person may not knowingly and intentionally use, release, publish, or
8699 otherwise make available to any other person or entity any information obtained from the
8700 database for any purpose other than those specified under Subsection (4)(a).
8701 (b) Each separate violation of Subsection (7)(a) is a third degree felony.
8702 Section 224. Section 67-8-3 is amended to read:
8703 67-8-3. Compensation plan for appointive officers -- Exceptions -- Legislative
8704 approval -- Career status attorneys.
8705 (1) (a) The executive director of the [
8706 Management, based upon recommendations of the Executive and Judicial Compensation
8707 Commission shall, before October 31 of each year, recommend to the governor a compensation
8708 plan for appointed officers of the state except those officers whose compensation is set under
8709 Section 49-11-203, 53E-3-302, 53B-1-408, or 53C-1-301.
8710 (b) The plan shall include salaries and wages, paid leave, group insurance plans,
8711 retirement programs, and any other benefits that may be offered to state officers.
8712 (2) The governor shall include in each annual budget proposal to the Legislature
8713 specific recommendations on compensation for those appointed state officers in Subsection (1).
8714 (3) (a) After consultation with the attorney general, the [
8715 [
8716 a state salary schedule at a range comparable with salaries paid attorneys in private and other
8717 public employment.
8718 (b) The attorney general and the executive director shall take into consideration the
8719 experience of the attorney, length of service with the Office of the Attorney General, quality of
8720 performance, and responsibility involved in legal assignments.
8721 (c) The attorney general and the executive director shall periodically adjust the salary
8722 levels for attorneys in a career status to reasonably compensate them for full-time employment
8723 and the restrictions placed on the private practice of law.
8724 Section 225. Section 67-8-5 is amended to read:
8725 67-8-5. Duties of commission -- Salary recommendations.
8726 (1) The commission shall recommend to the Legislature:
8727 (a) salaries for the governor, the lieutenant governor, the attorney general, the state
8728 auditor, and the state treasurer; and
8729 (b) salaries for justices of the Supreme Court and judges of the constitutional and
8730 statutory courts of record.
8731 (2) In making the salary recommendations described in Subsection (1), the commission
8732 shall:
8733 (a) consider:
8734 (i) the education and experience required for the position;
8735 (ii) the responsibility required of the position;
8736 (iii) whether the position requires accountability for funds or staff;
8737 (iv) wages paid for other comparable public and private employment in the state and in
8738 other similarly situated states;
8739 (v) any increase in the Consumer Price Index since the commission's last
8740 recommendations; and
8741 (vi) any other factors typically used to make similar recommendations;
8742 (b) consult with the [
8743 (c) for the salary recommendations described in Subsection (1)(b), consult with the
8744 Judicial Council.
8745 (3) No later than January 2, the commission shall submit an annual electronic report to
8746 the Executive Appropriations Committee, the president of the Senate, the speaker of the House
8747 of Representatives, and the governor that:
8748 (a) briefly summarizes the commission's activities during the previous calendar year;
8749 and
8750 (b) provides any recommendations to modify the salaries of:
8751 (i) the governor, lieutenant governor, attorney general, state auditor, or state treasurer;
8752 or
8753 (ii) the justices of the Supreme Court or judges of the constitutional and statutory
8754 courts of record.
8755 (4) The Judicial Council shall cooperate with the commission in providing information
8756 relevant to the duties of the commission.
8757 Section 226. Section 67-20-8 is amended to read:
8758 67-20-8. Volunteer experience credit.
8759 (1) State agencies shall designate positions for which approved volunteer experience
8760 satisfies the job requirements for purposes of employment.
8761 (2) When evaluating applicants for those designated positions, state agencies shall
8762 consider documented approved volunteer experience in the same manner as similar paid
8763 employment.
8764 (3) The [
8765 rules governing the:
8766 (a) designation of volunteer positions; and
8767 (b) a uniform process to document the approval, use, and hours worked by volunteers.
8768 Section 227. Section 67-22-2 is amended to read:
8769 67-22-2. Compensation -- Other state officers.
8770 (1) As used in this section:
8771 (a) "Appointed executive" means the:
8772 (i) commissioner of the Department of Agriculture and Food;
8773 (ii) commissioner of the Insurance Department;
8774 (iii) commissioner of the Labor Commission;
8775 (iv) director, Department of Alcoholic Beverage Control;
8776 (v) commissioner of the Department of Financial Institutions;
8777 (vi) executive director, Department of Commerce;
8778 (vii) executive director, Commission on Criminal and Juvenile Justice;
8779 (viii) adjutant general;
8780 (ix) executive director, Department of Heritage and Arts;
8781 (x) executive director, Department of Corrections;
8782 (xi) commissioner, Department of Public Safety;
8783 (xii) executive director, Department of Natural Resources;
8784 (xiii) executive director, Governor's Office of Management and Budget;
8785 (xiv) executive director, Department of [
8786 Operations;
8787 (xv) [
8788 (xvi) executive director, Department of Environmental Quality;
8789 (xvii) director, Governor's Office of Economic Development;
8790 (xviii) executive director, Utah Science Technology and Research Governing
8791 Authority;
8792 (xix) executive director, Department of Workforce Services;
8793 (xx) executive director, Department of Health, Nonphysician;
8794 (xxi) executive director, Department of Human Services;
8795 (xxii) executive director, Department of Transportation; and
8796 [
8797 [
8798 (b) "Board or commission executive" means:
8799 (i) members, Board of Pardons and Parole;
8800 (ii) chair, State Tax Commission;
8801 (iii) commissioners, State Tax Commission;
8802 (iv) executive director, State Tax Commission;
8803 (v) chair, Public Service Commission; and
8804 (vi) commissioners, Public Service Commission.
8805 (c) "Deputy" means the person who acts as the appointed executive's second in
8806 command as determined by the [
8807 (2) (a) The [
8808 Management shall:
8809 (i) before October 31 of each year, recommend to the governor a compensation plan for
8810 the appointed executives and the board or commission executives; and
8811 (ii) base those recommendations on market salary studies conducted by the
8812 [
8813 (b) (i) The [
8814 the salary range for the appointed executives by:
8815 (A) identifying the salary range assigned to the appointed executive's deputy;
8816 (B) designating the lowest minimum salary from those deputies' salary ranges as the
8817 minimum salary for the appointed executives' salary range; and
8818 (C) designating 105% of the highest maximum salary range from those deputies' salary
8819 ranges as the maximum salary for the appointed executives' salary range.
8820 (ii) If the deputy is a medical doctor, the [
8821 Management may not consider that deputy's salary range in designating the salary range for
8822 appointed executives.
8823 (c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
8824 board or commission executives, the [
8825 shall set the maximum salary in the salary range for each of those positions at 90% of the salary
8826 for district judges as established in the annual appropriation act under Section 67-8-2.
8827 (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
8828 or (iii), the [
8829 salary in the salary range for each of those positions at 100% of the salary for district judges as
8830 established in the annual appropriation act under Section 67-8-2.
8831 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
8832 specific salary for each appointed executive within the range established under Subsection
8833 (2)(b).
8834 (ii) If the executive director of the Department of Health is a physician, the governor
8835 shall establish a salary within the highest physician salary range established by the
8836 [
8837 (iii) The governor may provide salary increases for appointed executives within the
8838 range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
8839 (b) The governor shall apply the same overtime regulations applicable to other FLSA
8840 exempt positions.
8841 (c) The governor may develop standards and criteria for reviewing the appointed
8842 executives.
8843 (4) Salaries for other Schedule A employees, as defined in Section [
8844 63A-17-301, that are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected
8845 Official and Judicial Salary Act, shall be established as provided in Section [
8846 63A-17-301.
8847 (5) (a) The Legislature fixes benefits for the appointed executives and the board or
8848 commission executives as follows:
8849 (i) the option of participating in a state retirement system established by Title 49, Utah
8850 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
8851 by the State Retirement Office in accordance with the Internal Revenue Code and its
8852 accompanying rules and regulations;
8853 (ii) health insurance;
8854 (iii) dental insurance;
8855 (iv) basic life insurance;
8856 (v) unemployment compensation;
8857 (vi) workers' compensation;
8858 (vii) required employer contribution to Social Security;
8859 (viii) long-term disability income insurance;
8860 (ix) the same additional state-paid life insurance available to other noncareer service
8861 employees;
8862 (x) the same severance pay available to other noncareer service employees;
8863 (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
8864 follows:
8865 (A) sick leave;
8866 (B) converted sick leave if accrued prior to January 1, 2014;
8867 (C) educational allowances;
8868 (D) holidays; and
8869 (E) annual leave except that annual leave shall be accrued at the maximum rate
8870 provided to Schedule B state employees;
8871 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
8872 provided by law or rule upon resignation or retirement according to the same criteria and
8873 procedures applied to Schedule B state employees;
8874 (xiii) the option to purchase additional life insurance at group insurance rates according
8875 to the same criteria and procedures applied to Schedule B state employees; and
8876 (xiv) professional memberships if being a member of the professional organization is a
8877 requirement of the position.
8878 (b) Each department shall pay the cost of additional state-paid life insurance for its
8879 executive director from its existing budget.
8880 (6) The Legislature fixes the following additional benefits:
8881 (a) for the executive director of the State Tax Commission a vehicle for official and
8882 personal use;
8883 (b) for the executive director of the Department of Transportation a vehicle for official
8884 and personal use;
8885 (c) for the executive director of the Department of Natural Resources a vehicle for
8886 commute and official use;
8887 (d) for the commissioner of Public Safety:
8888 (i) an accidental death insurance policy if POST certified; and
8889 (ii) a public safety vehicle for official and personal use;
8890 (e) for the executive director of the Department of Corrections:
8891 (i) an accidental death insurance policy if POST certified; and
8892 (ii) a public safety vehicle for official and personal use;
8893 (f) for the adjutant general a vehicle for official and personal use; and
8894 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
8895 official use.
8896 Section 228. Section 72-1-202 is amended to read:
8897 72-1-202. Executive director of department -- Appointment -- Qualifications --
8898 Term -- Responsibility -- Power to bring suits -- Salary.
8899 (1) (a) The governor, with the advice and consent of the Senate, shall appoint an
8900 executive director to be the chief executive officer of the department.
8901 (b) The executive director shall be a registered professional engineer and qualified
8902 executive with technical and administrative experience and training appropriate for the
8903 position.
8904 (c) The executive director shall remain in office until a successor is appointed.
8905 (d) The executive director may be removed by the governor.
8906 (2) In addition to the other functions, powers, duties, rights, and responsibilities
8907 prescribed in this chapter, the executive director shall:
8908 (a) have responsibility for the administrative supervision of the state transportation
8909 systems and the various operations of the department;
8910 (b) have the responsibility for the implementation of rules, priorities, and policies
8911 established by the department and the commission;
8912 (c) have the responsibility for the oversight and supervision of any transportation
8913 project for which state funds are expended;
8914 (d) have full power to bring suit in courts of competent jurisdiction in the name of the
8915 department as the executive director considers reasonable and necessary for the proper
8916 attainment of the goals of this chapter;
8917 (e) receive a salary, to be established by the governor within the salary range fixed by
8918 the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
8919 traveling expenses while away from the executive director's office on official business;
8920 (f) purchase all equipment, services, and supplies necessary to achieve the department's
8921 functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
8922 (g) have the responsibility to determine whether a purchase from, contribution to, or
8923 other participation with a public entity or association of public entities in a pooled fund
8924 program to acquire, develop, or share information, data, reports, or other services related to the
8925 department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
8926 Code;
8927 (h) have responsibility for administrative supervision of the Comptroller Division, the
8928 Internal Audit Division, and the Communications Division; and
8929 (i) appoint assistants, to serve at the discretion of the executive director, to administer
8930 the divisions of the department.
8931 (3) The executive director may employ other assistants and advisers as the executive
8932 director finds necessary and fix salaries in accordance with the salary standards adopted by the
8933 [
8934 Section 229. Section 79-2-401 is amended to read:
8935 79-2-401. Volunteer workers authorized.
8936 (1) The department and its divisions may use volunteer workers to supplement the
8937 salaried work force.
8938 (2) A volunteer may be reimbursed for expenses actually and necessarily incurred,
8939 including transportation, meals, lodging, uniforms, and other items as approved by the Division
8940 of Finance, in the amounts and in accordance with the rules of the Division of Finance.
8941 (3) A volunteer is considered an employee of the state for the purposes stated in
8942 Section 67-20-3.
8943 (4) A volunteer may not donate a service to the department or a division unless the
8944 work program in which the volunteer would serve has first been approved, in writing, by the
8945 executive director and the executive director of the [
8946 Management.
8947 (5) Volunteer services shall comply with the rules adopted by the [
8948 Division of Human Resource Management relating to the services that are not inconsistent with
8949 this section.
8950 Section 230. Repealer.
8951 This bill repeals:
8952 Section 63F-1-105, Appointment of executive director -- Compensation --
8953 Authority.
8954 Section 63F-1-401, Title.
8955 Section 63F-1-501, Title.
8956 Section 63F-1-601, Title.
8957 Section 63F-2-101, Title.
8958 Section 63F-3-101, Title.
8959 Section 63F-4-101, Title.
8960 Section 67-19d-101, Title.
8961 Section 67-19e-101, Title.
8962 Section 67-19f-101, Title.
8963 Section 67-25-101, Title.
8964 Section 67-25-301, Title.
8965 Section 67-26-101, Title.
8966 Section 231. Effective date.
8967 This bill takes effect on July 1, 2021.
8968 Section 232. Revisor instructions.
8969 The Legislature intends that the Office of Legislative Research and General Counsel, in
8970 preparing the Utah Code database for publication, not enroll this bill if S.B. 182, Department of
8971 Government Operations - Cross Reference Changes, does not pass.