Senator Ann Millner proposes the following substitute bill:


1     
DEPARTMENT OF GOVERNMENT OPERATIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

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 19e, Administrative Law Judges; and

26               •     Title 67, Chapter 25, General Requirements for State Officers and Employees;
27          ▸     repeals a catch-all criminal provision; and
28          ▸     makes conforming and technical changes.
29     Money Appropriated in this Bill:
30          This bill provides appropriations necessary to merge the Department of Administrative
31     Services, the Department of Human Resource Management, and the Department of
32     Technology Services into the new Department of Government Operations.
33     Other Special Clauses:
34          This bill provides a special effective date.
35          This bill provides revisor instructions.
36          This bill provides a coordination clause.
37     Utah Code Sections Affected:
38     AMENDS:
39          4-41a-107, as enacted by Laws of Utah 2019, Chapter 341
40          10-2-703, as last amended by Laws of Utah 2019, Chapter 255
41          11-36a-501, as enacted by Laws of Utah 2011, Chapter 47
42          11-38-102, as last amended by Laws of Utah 2013, Chapter 310
43          13-1a-3, as last amended by Laws of Utah 2006, Chapter 139
44          13-2-3, as last amended by Laws of Utah 1999, Chapter 21
45          15A-1-203, as last amended by Laws of Utah 2020, Chapter 339
46          20A-20-201, as enacted by Laws of Utah 2020, Chapter 288
47          26-61a-103, as last amended by Laws of Utah 2020, Chapter 12
48          26-61a-111, as last amended by Laws of Utah 2020, Chapter 12
49          31A-2-113, as enacted by Laws of Utah 1985, Chapter 242
50          35A-1-205, as last amended by Laws of Utah 2010, Chapter 286
51          35A-13-302, as last amended by Laws of Utah 2017, Chapter 223
52          36-11-307, as last amended by Laws of Utah 2019, Chapter 339
53          46-1-3, as last amended by Laws of Utah 2019, Chapter 192
54          46-4-503, as last amended by Laws of Utah 2016, Chapter 348
55          46-5-102, as enacted by Laws of Utah 2018, Chapter 100
56          49-11-406, as last amended by Laws of Utah 2020, Chapter 24

57          49-14-201, as last amended by Laws of Utah 2016, Chapter 227
58          49-15-201, as last amended by Laws of Utah 2016, Chapter 227
59          49-20-401, as last amended by Laws of Utah 2019, Chapter 393
60          49-20-410, as last amended by Laws of Utah 2018, Chapter 155
61          53-1-106, as last amended by Laws of Utah 2019, Chapter 441
62          53-2a-105, as last amended by Laws of Utah 2020, Chapter 85
63          53-2a-802, as last amended by Laws of Utah 2020, Chapter 365
64          53-6-104, as last amended by Laws of Utah 2006, Chapter 139
65          53-10-108, as last amended by Laws of Utah 2019, Chapters 136, 192, and 404
66          53B-17-105, as last amended by Laws of Utah 2020, Chapter 365
67          53C-1-201, as last amended by Laws of Utah 2020, Chapter 363
68          53D-1-103, as last amended by Laws of Utah 2019, Chapters 370 and 456
69          53E-8-301, as last amended by Laws of Utah 2019, Chapter 186
70          54-1-6, as last amended by Laws of Utah 2006, Chapter 139
71          54-4a-3, as last amended by Laws of Utah 2006, Chapter 139
72          61-1-18, as last amended by Laws of Utah 2009, Chapter 351
73          61-2-201, as last amended by Laws of Utah 2016, Chapter 381
74          62A-1-121, as renumbered and amended by Laws of Utah 2018, Chapter 367
75          62A-1-122, as last amended by Laws of Utah 2019, Chapter 335
76          62A-15-613, as last amended by Laws of Utah 2018, Chapter 322
77          63A-1-101, as renumbered and amended by Laws of Utah 1993, Chapter 212
78          63A-1-102, as renumbered and amended by Laws of Utah 1993, Chapter 212
79          63A-1-103, as last amended by Laws of Utah 2016, Chapter 298
80          63A-1-104, as renumbered and amended by Laws of Utah 1993, Chapter 212
81          63A-1-109, as last amended by Laws of Utah 2016, Chapter 193
82          63A-1-114, as last amended by Laws of Utah 2018, Chapter 137
83          63A-1-201, as renumbered and amended by Laws of Utah 2019, Chapter 370
84          63A-1-203, as renumbered and amended by Laws of Utah 2019, Chapter 370
85          63A-2-101, as last amended by Laws of Utah 1997, Chapter 252
86          63A-4-101, as last amended by Laws of Utah 2006, Chapter 275
87          63A-5b-202, as enacted by Laws of Utah 2020, Chapter 152

88          63A-9-101, as last amended by Laws of Utah 2017, Chapter 382
89          63A-9-201, as enacted by Laws of Utah 1996, Chapter 334
90          63A-9-301, as last amended by Laws of Utah 2010, Chapter 286
91          63A-9-401, as last amended by Laws of Utah 2015, Chapter 179
92          63A-9-501, as last amended by Laws of Utah 2006, Chapter 139
93          63A-12-101, as last amended by Laws of Utah 2019, Chapter 254
94          63A-12-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
95          63A-12-103, as last amended by Laws of Utah 2019, Chapter 254
96          63A-12-104, as last amended by Laws of Utah 2020, Chapter 399
97          63A-13-201, as last amended by Laws of Utah 2019, Chapter 286
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-4-107, as enacted by Laws of Utah 2016, Chapter 312
105          63G-6a-103, as last amended by Laws of Utah 2020, Chapters 152, 257, 365 and last
106     amended by Coordination Clause, Laws of Utah 2020, Chapter 365
107          63G-6a-106, as last amended by Laws of Utah 2020, Chapter 257
108          63G-6a-116, as last amended by Laws of Utah 2017, Chapter 348
109          63G-6a-202, as last amended by Laws of Utah 2020, Chapter 365
110          63G-6a-302, as last amended by Laws of Utah 2020, Chapter 257
111          63G-6a-303, as last amended by Laws of Utah 2020, Chapter 257
112          63G-6a-506, as last amended by Laws of Utah 2020, Chapter 257
113          63G-7-901, as renumbered and amended by Laws of Utah 2008, Chapter 382
114          63G-9-303, as last amended by Laws of Utah 2016, Chapter 118
115          63G-10-501, as enacted by Laws of Utah 2015, Chapter 355
116          63G-21-102, as last amended by Laws of Utah 2018, Chapter 281
117          63J-1-206, as last amended by Laws of Utah 2020, Chapters 152, 231, 402 and last
118     amended by Coordination Clause, Laws of Utah 2020, Chapter 231

119          63J-1-219, as last amended by Laws of Utah 2020, Chapter 365
120          63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
121     and 20
122          67-1-8.1, as last amended by Laws of Utah 2017, Chapter 181
123          67-5-7, as last amended by Laws of Utah 2007, Chapter 166
124          67-5-22, as last amended by Laws of Utah 2008, Chapter 161
125          67-8-3, as last amended by Laws of Utah 2020, Chapter 365
126          67-8-5, as last amended by Laws of Utah 2020, Chapter 432
127          67-19a-101, as last amended by Laws of Utah 2020, Chapter 155
128          67-19a-202, as last amended by Laws of Utah 2020, Chapter 155
129          67-19a-205, as enacted by Laws of Utah 2018, Chapter 390
130          67-19a-303, as last amended by Laws of Utah 2018, Chapter 390
131          67-19a-501, as last amended by Laws of Utah 2020, Chapter 155
132          67-19d-201, as last amended by Laws of Utah 2011, Chapter 342
133          67-19f-102, as last amended by Laws of Utah 2015, Chapter 368
134          67-19f-201, as last amended by Laws of Utah 2015, Chapter 368
135          67-20-8, as last amended by Laws of Utah 2006, Chapter 139
136          67-22-2, as last amended by Laws of Utah 2018, Chapter 39
137          67-26-102, as enacted by Laws of Utah 2020, Chapter 155
138          67-26-202, as enacted by Laws of Utah 2020, Chapter 155
139          67-26-301, as renumbered and amended by Laws of Utah 2020, Chapter 155
140          72-1-202, as last amended by Laws of Utah 2020, Chapter 352
141          79-2-401, as renumbered and amended by Laws of Utah 2009, Chapter 344
142     ENACTS:
143          63A-17-107, Utah Code Annotated 1953
144          63A-17-501, Utah Code Annotated 1953
145     RENUMBERS AND AMENDS:
146          63A-16-101, (Renumbered from 63F-1-101, as enacted by Laws of Utah 2005, Chapter
147     169)
148          63A-16-102, (Renumbered from 63F-1-102, as last amended by Laws of Utah 2020,
149     Chapter 365)

150          63A-16-103, (Renumbered from 63F-1-103, as last amended by Laws of Utah 2009,
151     Chapter 183)
152          63A-16-104, (Renumbered from 63F-1-104, as last amended by Laws of Utah 2020,
153     Chapter 94)
154          63A-16-105, (Renumbered from 63F-1-106, as last amended by Laws of Utah 2017,
155     Chapter 238)
156          63A-16-106, (Renumbered from 63F-1-107, as enacted by Laws of Utah 2005, Chapter
157     169)
158          63A-16-201, (Renumbered from 63F-1-201, as last amended by Laws of Utah 2019,
159     Chapter 61)
160          63A-16-202, (Renumbered from 63F-1-203, as last amended by Laws of Utah 2019,
161     Chapter 246)
162          63A-16-203, (Renumbered from 63F-1-204, as last amended by Laws of Utah 2017,
163     Chapter 238)
164          63A-16-204, (Renumbered from 63F-1-205, as last amended by Laws of Utah 2018,
165     Chapter 81)
166          63A-16-205, (Renumbered from 63F-1-206, as last amended by Laws of Utah 2020,
167     Chapter 365)
168          63A-16-206, (Renumbered from 63F-1-207, as last amended by Laws of Utah 2017,
169     Chapter 238)
170          63A-16-207, (Renumbered from 63F-1-208, as last amended by Laws of Utah 2017,
171     Chapter 238)
172          63A-16-208, (Renumbered from 63F-1-209, as last amended by Laws of Utah 2017,
173     Chapter 238)
174          63A-16-209, (Renumbered from 63F-1-210, as last amended by Laws of Utah 2017,
175     Chapter 238)
176          63A-16-210, (Renumbered from 63F-1-211, as enacted by Laws of Utah 2017, Chapter
177     238)
178          63A-16-211, (Renumbered from 63F-1-212, as last amended by Laws of Utah 2019,
179     Chapter 61)
180          63A-16-212, (Renumbered from 63F-1-603, as repealed and reenacted by Laws of Utah

181     2017, Chapter 238)
182          63A-16-213, (Renumbered from 63F-1-604, as last amended by Laws of Utah 2017,
183     Chapter 238)
184          63A-16-301, (Renumbered from 63F-1-301, as last amended by Laws of Utah 2009,
185     Chapter 183)
186          63A-16-302, (Renumbered from 63F-1-303, as last amended by Laws of Utah 2020,
187     Chapter 365)
188          63A-16-401, (Renumbered from 63F-1-402, as enacted by Laws of Utah 2005, Chapter
189     169)
190          63A-16-402, (Renumbered from 63F-1-403, as repealed and reenacted by Laws of Utah
191     2017, Chapter 238)
192          63A-16-403, (Renumbered from 63F-1-404, as last amended by Laws of Utah 2017,
193     Chapter 238)
194          63A-16-501, (Renumbered from 63F-1-502, as last amended by Laws of Utah 2017,
195     Chapter 238)
196          63A-16-502, (Renumbered from 63F-1-503, as repealed and reenacted by Laws of Utah
197     2017, Chapter 238)
198          63A-16-503, (Renumbered from 63F-1-504, as last amended by Laws of Utah 2017,
199     Chapter 238)
200          63A-16-504, (Renumbered from 63F-1-505, as enacted by Laws of Utah 2005, Chapter
201     169)
202          63A-16-505, (Renumbered from 63F-1-506, as last amended by Laws of Utah 2009,
203     Chapter 350)
204          63A-16-506, (Renumbered from 63F-1-507, as last amended by Laws of Utah 2019,
205     Chapter 35)
206          63A-16-507, (Renumbered from 63F-1-508, as last amended by Laws of Utah 2013,
207     Chapter 310)
208          63A-16-508, (Renumbered from 63F-1-509, as last amended by Laws of Utah 2020,
209     Chapter 154)
210          63A-16-509, (Renumbered from 63F-1-510, as last amended by Laws of Utah 2016,
211     Chapter 171)

212          63A-16-601, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2020,
213     Chapter 154)
214          63A-16-602, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
215     249)
216          63A-16-701, (Renumbered from 63F-2-102, as last amended by Laws of Utah 2020,
217     Chapters 354 and 365)
218          63A-16-702, (Renumbered from 63F-2-103, as last amended by Laws of Utah 2016,
219     Chapter 13)
220          63A-16-801, (Renumbered from 63F-3-102, as last amended by Laws of Utah 2019,
221     Chapter 174)
222          63A-16-802, (Renumbered from 63F-3-103, as last amended by Laws of Utah 2020,
223     Chapter 270)
224          63A-16-803, (Renumbered from 63F-3-103.5, as last amended by Laws of Utah 2020,
225     Chapter 270)
226          63A-16-804, (Renumbered from 63F-3-104, as last amended by Laws of Utah 2019,
227     Chapter 174)
228          63A-16-901, (Renumbered from 63F-4-102, as enacted by Laws of Utah 2018, Chapter
229     144)
230          63A-16-902, (Renumbered from 63F-4-201, as last amended by Laws of Utah 2019,
231     Chapter 246)
232          63A-16-903, (Renumbered from 63F-4-202, as last amended by Laws of Utah 2019,
233     Chapter 246)
234          63A-17-101, (Renumbered from 67-19-1, as enacted by Laws of Utah 1979, Chapter
235     139)
236          63A-17-102, (Renumbered from 67-19-3, as last amended by Laws of Utah 2017,
237     Chapter 463)
238          63A-17-103, (Renumbered from 67-19-3.1, as last amended by Laws of Utah 2010,
239     Chapter 249)
240          63A-17-104, (Renumbered from 67-19-4, as last amended by Laws of Utah 2003,
241     Chapter 65)
242          63A-17-105, (Renumbered from 67-19-5, as last amended by Laws of Utah 2009,

243     Chapter 183)
244          63A-17-106, (Renumbered from 67-19-6, as last amended by Laws of Utah 2018,
245     Chapters 154 and 200)
246          63A-17-108, (Renumbered from 67-19-26, as last amended by Laws of Utah 2005,
247     Chapter 181)
248          63A-17-201, (Renumbered from 67-19-6.1, as last amended by Laws of Utah 2010,
249     Chapter 249)
250          63A-17-202, (Renumbered from 67-19-11, as last amended by Laws of Utah 2016,
251     Chapters 228, 287 and last amended by Coordination Clause, Laws of Utah 2016,
252     Chapter 287)
253          63A-17-301, (Renumbered from 67-19-15, as last amended by Laws of Utah 2020,
254     Chapter 360)
255          63A-17-302, (Renumbered from 67-19-15.1, as last amended by Laws of Utah 2006,
256     Chapter 139)
257          63A-17-303, (Renumbered from 67-19-15.6, as last amended by Laws of Utah 2020,
258     Chapter 109)
259          63A-17-304, (Renumbered from 67-19-15.7, as last amended by Laws of Utah 2017,
260     Chapter 463)
261          63A-17-305, (Renumbered from 67-19-16, as last amended by Laws of Utah 2010,
262     Chapters 103 and 249)
263          63A-17-306, (Renumbered from 67-19-18, as last amended by Laws of Utah 2010,
264     Chapter 249)
265          63A-17-307, (Renumbered from 67-19-12, as last amended by Laws of Utah 2017,
266     Chapter 463)
267          63A-17-401, (Renumbered from 67-19-13, as last amended by Laws of Utah 2006,
268     Chapter 139)
269          63A-17-402, (Renumbered from 67-19-13.5, as last amended by Laws of Utah 2016,
270     Chapter 348)
271          63A-17-403, (Renumbered from 67-19-42, as enacted by Laws of Utah 2004, Chapter
272     130)
273          63A-17-502, (Renumbered from 67-19-6.7, as last amended by Laws of Utah 2018,

274     Chapter 39)
275          63A-17-503, (Renumbered from 67-19-12.7, as last amended by Laws of Utah 2006,
276     Chapter 139)
277          63A-17-504, (Renumbered from 67-19-12.9, as last amended by Laws of Utah 2006,
278     Chapter 139)
279          63A-17-505, (Renumbered from 67-19-14, as last amended by Laws of Utah 2013,
280     Chapter 109)
281          63A-17-506, (Renumbered from 67-19-14.1, as last amended by Laws of Utah 2015,
282     Chapter 155)
283          63A-17-507, (Renumbered from 67-19-14.2, as last amended by Laws of Utah 2013,
284     Chapter 277)
285          63A-17-508, (Renumbered from 67-19-14.4, as last amended by Laws of Utah 2016,
286     Chapter 227)
287          63A-17-509, (Renumbered from 67-19-14.5, as last amended by Laws of Utah 2017,
288     Chapter 254)
289          63A-17-510, (Renumbered from 67-19-14.6, as last amended by Laws of Utah 2015,
290     Chapter 368)
291          63A-17-511 (Effective 07/01/21), (Renumbered from 67-19-14.7 (Effective 07/01/21),
292     as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20)
293          63A-17-512, (Renumbered from 67-19-27, as last amended by Laws of Utah 2012,
294     Chapter 159)
295          63A-17-601, (Renumbered from 67-19-30, as last amended by Laws of Utah 2010,
296     Chapter 249)
297          63A-17-602, (Renumbered from 67-19-31, as last amended by Laws of Utah 2008,
298     Chapter 382)
299          63A-17-603, (Renumbered from 67-19-32, as last amended by Laws of Utah 1997,
300     Chapter 375)
301          63A-17-701, (Renumbered from 67-19e-102, as last amended by Laws of Utah 2016,
302     Chapter 237)
303          63A-17-702, (Renumbered from 67-19e-103, as last amended by Laws of Utah 2016,
304     Chapter 237)

305          63A-17-703, (Renumbered from 67-19e-104, as last amended by Laws of Utah 2016,
306     Chapter 237)
307          63A-17-704, (Renumbered from 67-19e-104.5, as enacted by Laws of Utah 2016,
308     Chapter 237)
309          63A-17-705, (Renumbered from 67-19e-105, as enacted by Laws of Utah 2013,
310     Chapter 165)
311          63A-17-706, (Renumbered from 67-19e-106, as last amended by Laws of Utah 2016,
312     Chapter 237)
313          63A-17-707, (Renumbered from 67-19e-107, as enacted by Laws of Utah 2013,
314     Chapter 165)
315          63A-17-708, (Renumbered from 67-19e-108, as last amended by Laws of Utah 2016,
316     Chapter 237)
317          63A-17-709, (Renumbered from 67-19e-109, as enacted by Laws of Utah 2013,
318     Chapter 165)
319          63A-17-710, (Renumbered from 67-19e-110, as last amended by Laws of Utah 2018,
320     Chapter 200)
321          63A-17-801, (Renumbered from 67-19-6.3, as last amended by Laws of Utah 2006,
322     Chapter 139)
323          63A-17-802, (Renumbered from 67-19-12.2, as last amended by Laws of Utah 2010,
324     Chapter 249)
325          63A-17-803, (Renumbered from 67-19-12.5, as last amended by Laws of Utah 2008,
326     Chapter 382)
327          63A-17-804, (Renumbered from 67-19-14.3, as last amended by Laws of Utah 2005,
328     Chapters 15 and 114)
329          63A-17-805, (Renumbered from 67-19-43, as last amended by Laws of Utah 2016,
330     Chapter 310)
331          63A-17-806, (Renumbered from 67-19-45, as enacted by Laws of Utah 2020, Chapter
332     197)
333          63A-17-807, (Renumbered from 67-19c-101, as last amended by Laws of Utah 2020,
334     Chapter 365)
335          63A-17-901, (Renumbered from 67-25-102, as last amended by Laws of Utah 2013,

336     Chapter 425)
337          63A-17-902, (Renumbered from 67-25-201, as last amended by Laws of Utah 2013,
338     Chapter 433)
339          63A-17-903, (Renumbered from 67-25-302, as enacted by Laws of Utah 2013, Chapter
340     425)
341          63A-17-904, (Renumbered from 67-19-19, as last amended by Laws of Utah 2006,
342     Chapter 139)
343          63A-17-1001, (Renumbered from 67-19-33, as last amended by Laws of Utah 2018,
344     Third Special Session, Chapter 1)
345          63A-17-1002, (Renumbered from 67-19-34, as last amended by Laws of Utah 2008,
346     Chapter 382)
347          63A-17-1003, (Renumbered from 67-19-35, as enacted by Laws of Utah 1990, Chapter
348     280)
349          63A-17-1004, (Renumbered from 67-19-36, as last amended by Laws of Utah 2006,
350     Chapter 139)
351          63A-17-1005, (Renumbered from 67-19-37, as last amended by Laws of Utah 2006,
352     Chapter 139)
353          63A-17-1006, (Renumbered from 67-19-38, as last amended by Laws of Utah 2006,
354     Chapter 139)
355          63A-17-1007, (Renumbered from 67-19-39, as last amended by Laws of Utah 2002,
356     Chapter 185)
357     REPEALS:
358          63F-1-105, as last amended by Laws of Utah 2020, Chapter 352
359          63F-1-302, as last amended by Laws of Utah 2016, Chapter 287
360          63F-1-401, as repealed and reenacted by Laws of Utah 2017, Chapter 238
361          63F-1-501, as repealed and reenacted by Laws of Utah 2017, Chapter 238
362          63F-1-601, as repealed and reenacted by Laws of Utah 2017, Chapter 238
363          63F-2-101, as enacted by Laws of Utah 2015, Chapter 371
364          63F-3-101, as last amended by Laws of Utah 2019, Chapter 174
365          63F-4-101, as enacted by Laws of Utah 2018, Chapter 144
366          67-19-29, as enacted by Laws of Utah 1979, Chapter 139

367          67-19d-101, as enacted by Laws of Utah 2007, Chapter 99
368          67-19e-101, as enacted by Laws of Utah 2013, Chapter 165
369          67-19f-101, as last amended by Laws of Utah 2015, Chapter 368
370          67-25-101, as enacted by Laws of Utah 2011, Chapter 442
371          67-25-301, as enacted by Laws of Utah 2013, Chapter 425
372          67-26-101, as enacted by Laws of Utah 2020, Chapter 155
373     Utah Code Sections Affected by Coordination Clause:
374          63A-12-201, Utah Code Annotated 1953
375          63A-12-202, Utah Code Annotated 1953
376          63A-16-601, Utah Code Annotated 1953
377          63A-16-602, Utah Code Annotated 1953
378          63F-1-701, as last amended by Laws of Utah 2020, Chapter 154
379          63F-1-702, as enacted by Laws of Utah 2007, Chapter 249
380     

381     Be it enacted by the Legislature of the state of Utah:
382          Section 1. Section 4-41a-107 is amended to read:
383          4-41a-107. Notice to prospective and current public employees.
384          (1) (a) A state employer or a political subdivision employer shall take the action
385     described in Subsection (1)(b) before:
386          (i) giving to a current employee an assignment or duty that arises from or directly
387     relates to an obligation under this chapter; or
388          (ii) hiring a prospective employee whose assignments or duties would include an
389     assignment or duty that arises from or directly relates to an obligation under this chapter.
390          (b) The employer described in Subsection (1)(a) shall give the employee or prospective
391     employee described in Subsection (1)(a) a written notice that notifies the employee or
392     prospective employee:
393          (i) that the employee's or prospective employee's job duties may require the employee
394     or prospective employee to engage in conduct which is in violation of the criminal laws of the
395     United States; and
396          (ii) that in accepting a job or undertaking a duty described in Subsection (1)(a),
397     although the employee or prospective employee is entitled to the protections of Title 67,

398     Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
399     carry out an assignment or duty that may be a violation of the criminal laws of the United
400     States with respect to the manufacture, sale, or distribution of cannabis.
401          (2) The [Department] Division of Human Resource Management shall create, revise,
402     and publish the form of the notice described in Subsection (1).
403          (3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
404     described in Subsection (1) may not:
405          (a) claim in good faith that the employee's actions violate or potentially violate the laws
406     of the United States with respect to the manufacture, sale, or distribution of cannabis; or
407          (b) refuse to carry out a directive that the employee reasonably believes violates the
408     criminal laws of the United States with respect to the manufacture, sale, or distribution of
409     cannabis.
410          (4) An employer of an employee who has signed the notice described in Subsection (1)
411     may not take retaliatory action as defined in Section 67-19a-101 against a current employee
412     who refuses to sign the notice described in Subsection (1).
413          Section 2. Section 10-2-703 is amended to read:
414          10-2-703. Publication of notice of election.
415          (1) Immediately after setting the date for the election, the court shall order for
416     publication notice of the:
417          (a) petition; and
418          (b) date the election is to be held to determine the question of dissolution.
419          (2) The notice described in Subsection (1) shall be published:
420          (a) (i) for at least once a week for a period of four weeks before the election in a
421     newspaper of general circulation in the municipality;
422          (ii) if there is no newspaper of general circulation in the municipality, at least four
423     weeks before the day of the election, by posting one notice, and at least one additional notice
424     per 2,000 population of the municipality, in places within the municipality that are most likely
425     to give notice to the voters in the municipality; or
426          (iii) at least one month before the day of the election, by mailing notice to each
427     registered voter in the municipality;
428          (b) on the Utah Public Notice Website created in Section [63F-1-701] 63A-16-601, for

429     four weeks before the day of the election;
430          (c) in accordance with Section 45-1-101, for four weeks before the day of the election;
431     and
432          (d) if the municipality has a website, on the municipality's website for four weeks
433     before the day of the election.
434          Section 3. Section 11-36a-501 is amended to read:
435          11-36a-501. Notice of intent to prepare an impact fee facilities plan.
436          (1) Before preparing or amending an impact fee facilities plan, a local political
437     subdivision or private entity shall provide written notice of its intent to prepare or amend an
438     impact fee facilities plan.
439          (2) A notice required under Subsection (1) shall:
440          (a) indicate that the local political subdivision or private entity intends to prepare or
441     amend an impact fee facilities plan;
442          (b) describe or provide a map of the geographic area where the proposed impact fee
443     facilities will be located; and
444          (c) subject to Subsection (3), be posted on the Utah Public Notice Website created
445     under Section [63F-1-701] 63A-16-601.
446          (3) For a private entity required to post notice on the Utah Public Notice Website under
447     Subsection (2)(c):
448          (a) the private entity shall give notice to the general purpose local government in which
449     the private entity's private business office is located; and
450          (b) the general purpose local government described in Subsection (3)(a) shall post the
451     notice on the Utah Public Notice Website.
452          Section 4. Section 11-38-102 is amended to read:
453          11-38-102. Definitions.
454          As used in this chapter:
455          (1) "Affordable housing" means housing occupied or reserved for occupancy by
456     households with a gross household income equal to or less than 80% of the median gross
457     income of the applicable municipal or county statistical area for households of the same size.
458          (2) "Agricultural land" has the same meaning as "land in agricultural use" under
459     Section 59-2-502.

460          (3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
461     land where expansion or redevelopment is complicated by real or perceived environmental
462     contamination.
463          (4) "Commission" means the Quality Growth Commission established in Section
464     11-38-201.
465          (5) "Infill development" means residential, commercial, or industrial development on
466     unused or underused land, excluding open land and agricultural land, within existing, otherwise
467     developed urban areas.
468          (6) "Local entity" means a county, city, or town.
469          (7) (a) "Open land" means land that is:
470          (i) preserved in or restored to a predominantly natural, open, and undeveloped
471     condition; and
472          (ii) used for:
473          (A) wildlife habitat;
474          (B) cultural or recreational use;
475          (C) watershed protection; or
476          (D) another use consistent with the preservation of the land in or restoration of the land
477     to a predominantly natural, open, and undeveloped condition.
478          (b) (i) "Open land" does not include land whose predominant use is as a developed
479     facility for active recreational activities, including baseball, tennis, soccer, golf, or other
480     sporting or similar activity.
481          (ii) The condition of land does not change from a natural, open, and undeveloped
482     condition because of the development or presence on the land of facilities, including trails,
483     waterways, and grassy areas, that:
484          (A) enhance the natural, scenic, or aesthetic qualities of the land; or
485          (B) facilitate the public's access to or use of the land for the enjoyment of its natural,
486     scenic, or aesthetic qualities and for compatible recreational activities.
487          (8) "Program" means the LeRay McAllister Critical Land Conservation Program
488     established in Section 11-38-301.
489          (9) "Surplus land" means real property owned by the Department of [Administrative
490     Services] Government Operations, the Department of Agriculture and Food, the Department of

491     Natural Resources, or the Department of Transportation that the individual department
492     determines not to be necessary for carrying out the mission of the department.
493          Section 5. Section 13-1a-3 is amended to read:
494          13-1a-3. Employment and compensation of personnel -- Compensation of
495     director.
496          The director, with the approval of the executive director, may employ personnel
497     necessary to carry out the duties and responsibilities of the division at salaries established by
498     the executive director according to standards established by the [Department] Division of
499     Human Resource Management. The executive director shall establish the salary of the director
500     according to standards established by the [Department] Division of Human Resource
501     Management.
502          Section 6. Section 13-2-3 is amended to read:
503          13-2-3. Employment of personnel -- Compensation of director.
504          (1) The director, with the approval of the executive director, may employ personnel
505     necessary to carry out the duties and responsibilities of the division at salaries established by
506     the executive director according to standards established by the [Department of Administrative
507     Services] Division of Human Resource Management.
508          (2) The executive director shall establish the salary of the director according to
509     standards established by the [Department of Administrative Services] Division of Human
510     Resource Management.
511          (3) The director may employ specialists, technical experts, or investigators to
512     participate or assist in investigations if they reasonably require expertise beyond that normally
513     required for division personnel.
514          (4) An investigator employed pursuant to Subsection (3) may be designated a special
515     function officer, as defined in Section 53-13-105, by the director, but is not eligible for
516     retirement benefits under the Public Safety Employee's Retirement System.
517          Section 7. Section 15A-1-203 is amended to read:
518          15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
519     Council.
520          (1) There is created a Uniform Building Code Commission to advise the division with
521     respect to the division's responsibilities in administering the codes.

522          (2) The commission shall consist of 11 members as follows:
523          (a) one member shall be from among candidates nominated by the Utah League of
524     Cities and Towns and the Utah Association of Counties;
525          (b) one member shall be a licensed building inspector employed by a political
526     subdivision of the state;
527          (c) one member shall be a licensed professional engineer;
528          (d) one member shall be a licensed architect;
529          (e) one member shall be a fire official;
530          (f) three members shall be contractors licensed by the state, of which one shall be a
531     general contractor, one an electrical contractor, and one a plumbing contractor;
532          (g) two members shall be from the general public and have no affiliation with the
533     construction industry or real estate development industry; and
534          (h) one member shall be from the Division of Facilities Construction and Management
535     of the Department of [Administrative Services] Government Operations.
536          (3) (a) The executive director shall appoint each commission member after submitting
537     a nomination to the governor for confirmation or rejection.
538          (b) If the governor rejects a nominee, the executive director shall submit an alternative
539     nominee until the governor confirms the nomination. An appointment is effective after the
540     governor confirms the nomination.
541          (4) (a) Except as required by Subsection (4)(b), as terms of commission members
542     expire, the executive director shall appoint each new commission member or reappointed
543     commission member to a four-year term.
544          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
545     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
546     of commission members are staggered so that approximately half of the commission is
547     appointed every two years.
548          (5) When a vacancy occurs in the commission membership for any reason, the
549     executive director shall appoint a replacement for the unexpired term.
550          (6) (a) A commission member may not serve more than two full terms.
551          (b) A commission member who ceases to serve may not again serve on the commission
552     until after the expiration of two years after the day on which service ceased.

553          (7) A majority of the commission members constitute a quorum and may act on behalf
554     of the commission.
555          (8) A commission member may not receive compensation or benefits for the
556     commission member's service, but may receive per diem and travel expenses in accordance
557     with:
558          (a) Section 63A-3-106;
559          (b) Section 63A-3-107; and
560          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
561     63A-3-107.
562          (9) (a) The commission shall annually designate one of the commission's members to
563     serve as chair of the commission.
564          (b) The division shall provide a secretary to facilitate the function of the commission
565     and to record the commission's actions and recommendations.
566          (10) The commission shall:
567          (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
568     Committee;
569          (b) act as an appeals board as provided in Section 15A-1-207;
570          (c) establish advisory peer committees on either a standing or ad hoc basis to advise the
571     commission with respect to matters related to a code, including a committee to advise the
572     commission regarding health matters related to a plumbing code; and
573          (d) assist the division in overseeing code-related training in accordance with Section
574     15A-1-209.
575          (11) (a) In a manner consistent with Subsection (10)(c), the commission shall jointly
576     create with the Utah Fire Prevention Board an advisory peer committee known as the "Unified
577     Code Analysis Council" to review fire prevention and construction code issues that require
578     definitive and specific analysis.
579          (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
580     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
581          (i) the appointment of members to the Unified Code Analysis Council; and
582          (ii) procedures followed by the Unified Code Analysis Council.
583          Section 8. Section 20A-20-201 is amended to read:

584          20A-20-201. Utah Independent Redistricting Commission -- Creation --
585     Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
586          (1) (a) There is created the Utah Independent Redistricting Commission.
587          (b) The commission is housed in the Department of [Administrative Services]
588     Government Operations for budgetary purposes only.
589          (c) The commission is not under the direction or control of the Department of
590     [Administrative Services] Government Operations or any executive director, director, or other
591     employee of the Department of [Administrative Services] Government Operations or any other
592     government entity.
593          (2) Except as provided in Subsection (4), the commission comprises seven members
594     appointed as follows:
595          (a) one member appointed by the governor, which member shall serve as chair of the
596     commission;
597          (b) one member appointed by the president of the Senate;
598          (c) one member appointed by the speaker of the House of Representatives;
599          (d) one member appointed by the legislative leader of the largest minority political
600     party in the Senate;
601          (e) one member appointed by the legislative leader of the largest minority political
602     party in the House of Representatives;
603          (f) one member appointed jointly by the president of the Senate and the speaker of the
604     House of Representatives; and
605          (g) one member appointed jointly by the legislative leader of the largest minority
606     political party in the Senate and the legislative leader of the largest minority political party in
607     the House of Representatives.
608          (3) An appointing authority described in Subsection (2):
609          (a) shall make the appointments no later than:
610          (i) February 1 of the year immediately following a decennial year; or
611          (ii) if there is a change in the number of congressional, legislative, or other districts
612     resulting from an event other than a national decennial enumeration made by the authority of
613     the United States, the day on which the Legislature appoints a committee to draw maps in
614     relation to the change;

615          (b) may remove a commission member appointed by the appointing authority, for
616     cause; and
617          (c) shall, if a vacancy occurs in the position appointed by the appointing authority
618     under Subsection (2), appoint another individual to fill the vacancy within 10 days after the day
619     on which the vacancy occurs.
620          (4) (a) If the appointing authority described in Subsection (2)(a) fails to timely make
621     the appointment, the legislative leader of the largest political party in the House of
622     Representatives and the Senate, of which the governor is not a member, shall jointly make the
623     appointment.
624          (b) If the appointing authority described in Subsection (2)(b) fails to timely make the
625     appointment, the appointing authority described in Subsection (2)(d) shall make the
626     appointment.
627          (c) If the appointing authority described in Subsection (2)(c) fails to timely make the
628     appointment, the appointing authority described in Subsection (2)(e) shall make the
629     appointment.
630          (d) If the appointing authority described in Subsection (2)(d) fails to timely make the
631     appointment, the appointing authority described in Subsection (2)(b) shall make the
632     appointment.
633          (e) If the appointing authority described in Subsection (2)(e) fails to timely make the
634     appointment, the appointing authority described in Subsection (2)(c) shall make the
635     appointment.
636          (f) If the appointing authority described in Subsection (2)(f) fails to timely make the
637     appointment, the appointing authority described in Subsection (2)(g) shall make the
638     appointment.
639          (g) If the appointing authority described in Subsection (2)(g) fails to timely make the
640     appointment, the appointing authority described in Subsection (2)(f) shall make the
641     appointment.
642          (5) A member of the commission may not, during the member's service on the
643     commission:
644          (a) be a lobbyist or principal, as those terms are defined in Section 36-11-102;
645          (b) be a candidate for or holder of any elective office, including federal elective office,

646     state elective office, or local government elective office;
647          (c) be a candidate for or holder of any office of a political party, except for delegates to
648     a political party's convention;
649          (d) be an employee of, or a paid consultant for, a political party, political party
650     committee, personal campaign committee, or any political action committee affiliated with a
651     political party or controlled by an elected official or candidate for elective office, including any
652     local government office;
653          (e) serve in public office if the member is appointed to public office by the governor or
654     the Legislature;
655          (f) be employed by the United States Congress or the Legislature; or
656          (g) hold any position that reports directly to an elected official, including a local
657     elected official, or to any person appointed by the governor or Legislature to any other public
658     office.
659          (6) In addition to the qualifications described in Subsection (5), a member of the
660     commission described in Subsection (2)(f) or (g):
661          (a) may not have, during the two-year period immediately preceding the member's
662     appointment to the commission:
663          (i) been affiliated with a political party under Section 20A-2-107;
664          (ii) voted in the regular primary election or municipal primary election of a political
665     party; or
666          (iii) been a delegate to a political party convention; and
667          (b) may not, in the sole determination of the appointing authority, be an individual who
668     is affiliated with a partisan organization or cause.
669          (7) Each commission member shall, upon appointment to the commission, sign and file
670     a statement with the governor certifying that the commission member:
671          (a) meets the qualifications for appointment to the commission;
672          (b) will, during the member's service on the commission, comply with the requirements
673     described in Subsection (5);
674          (c) will comply with the standards, procedures, and requirements described in this
675     chapter that are applicable to a commission member; and
676          (d) will faithfully discharge the duties of a commission member in an independent,

677     impartial, honest, and transparent manner.
678          (8) For a regular decennial redistricting, the commission is:
679          (a) formed and may begin conducting business on February 1 of the year immediately
680     following a decennial year; and
681          (b) dissolved upon approval of the Legislature's redistricting maps by the governor, or
682     the day following the constitutional time limit of Utah Constitution, Article VII, Section 8,
683     without the governor's signature, or in the case of a veto, the date of veto override.
684          (9) (a) A member of the commission may not receive compensation or benefits for the
685     member's service, but may receive per diem and travel expenses in accordance with:
686          (i) Section 63A-3-106;
687          (ii) Section 63A-3-107; and
688          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
689     63A-3-107.
690          (b) A member of the commission may decline to receive per diem or travel expenses.
691          (10) The commission shall meet upon the request of a majority of the commission
692     members or when the chair calls a meeting.
693          (11) (a) A majority of the members of the commission constitutes a quorum.
694          (b) The commission takes official action by a majority vote of a quorum present at a
695     meeting of the commission.
696          (12) Within appropriations from the Legislature, the commission may, to fulfill the
697     duties of the commission:
698          (a) contract with or employ an attorney licensed in Utah, an executive director, and
699     other staff; and
700          (b) purchase equipment and other resources, in accordance with Title 63G, Chapter 6a,
701     Utah Procurement Code, to fulfill the duties of the commission.
702          (13) The commission shall maintain a website where the public may:
703          (a) access announcements and records of commission meetings and hearings;
704          (b) access maps presented to, or under consideration by, the commission;
705          (c) access evaluations described in Subsection 20A-20-302(8);
706          (d) submit a map to the commission; and
707          (e) submit comments on a map presented to, or under consideration by, the

708     commission.
709          Section 9. Section 26-61a-103 is amended to read:
710          26-61a-103. Electronic verification system.
711          (1) The Department of Agriculture and Food, the department, the Department of Public
712     Safety, and the [Department] Division of Technology Services shall:
713          (a) enter into a memorandum of understanding in order to determine the function and
714     operation of the state electronic verification system in accordance with Subsection (2);
715          (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
716     Procurement Code, to develop a request for proposals for a third-party provider to develop and
717     maintain the state electronic verification system in coordination with the [Department]
718     Division of Technology Services; and
719          (c) select a third-party provider who:
720          (i) meets the requirements contained in the request for proposals issued under
721     Subsection (1)(b); and
722          (ii) may not have any commercial or ownership interest in a cannabis production
723     establishment or a medical cannabis pharmacy.
724          (2) The Department of Agriculture and Food, the department, the Department of Public
725     Safety, and the [Department] Division of Technology Services shall ensure that, on or before
726     March 1, 2020, the state electronic verification system described in Subsection (1):
727          (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
728     medical cannabis guardian card, provided that the card may not become active until the
729     relevant qualified medical provider completes the associated medical cannabis
730     recommendation;
731          (b) allows an individual to apply to renew a medical cannabis patient card or a medical
732     cannabis guardian card in accordance with Section 26-61a-201;
733          (c) allows a qualified medical provider, or an employee described in Subsection (3)
734     acting on behalf of the qualified medical provider, to:
735          (i) access dispensing and card status information regarding a patient:
736          (A) with whom the qualified medical provider has a provider-patient relationship; and
737          (B) for whom the qualified medical provider has recommended or is considering
738     recommending a medical cannabis card;

739          (ii) electronically recommend, after an initial face-to-face visit with a patient described
740     in Subsection 26-61a-201(4)(b), treatment with cannabis in a medicinal dosage form or a
741     cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
742          (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
743     medical cannabis guardian cardholder:
744          (A) using telehealth services, for the qualified medical provider who originally
745     recommended a medical cannabis treatment during a face-to-face visit with the patient; or
746          (B) during a face-to-face visit with the patient, for a qualified medical provider who
747     did not originally recommend the medical cannabis treatment during a face-to-face visit; and
748          (iv) notate a determination of physical difficulty or undue hardship, described in
749     Subsection 26-61a-202(1), to qualify a patient to designate a caregiver;
750          (d) connects with:
751          (i) an inventory control system that a medical cannabis pharmacy uses to track in real
752     time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
753     medicinal dosage form, or a medical cannabis device, including:
754          (A) the time and date of each purchase;
755          (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
756     purchased;
757          (C) any cannabis production establishment, any medical cannabis pharmacy, or any
758     medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
759     device; and
760          (D) the personally identifiable information of the medical cannabis cardholder who
761     made the purchase; and
762          (ii) any commercially available inventory control system that a cannabis production
763     establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
764     Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
765     Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
766     track and confirm compliance;
767          (e) provides access to:
768          (i) the department to the extent necessary to carry out the department's functions and
769     responsibilities under this chapter;

770          (ii) the Department of Agriculture and Food to the extent necessary to carry out the
771     functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
772     41a, Cannabis Production Establishments; and
773          (iii) the Division of Occupational and Professional Licensing to the extent necessary to
774     carry out the functions and responsibilities related to the participation of the following in the
775     recommendation and dispensing of medical cannabis:
776          (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
777          (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
778     Practice Act;
779          (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
780     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
781          (D) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
782     Assistant Act;
783          (f) provides access to and interaction with the state central patient portal;
784          (g) provides access to state or local law enforcement:
785          (i) during a law enforcement encounter, without a warrant, using the individual's driver
786     license or state ID, only for the purpose of determining if the individual subject to the law
787     enforcement encounter has a valid medical cannabis card; or
788          (ii) after obtaining a warrant; and
789          (h) creates a record each time a person accesses the database that identifies the person
790     who accesses the database and the individual whose records the person accesses.
791          (3) (a) Beginning on the earlier of January 1, 2021, or the date on which the electronic
792     verification system is functionally capable of allowing employee access under this Subsection
793     (3), an employee of a qualified medical provider may access the electronic verification system
794     for a purpose described in Subsection (2)(c) on behalf of the qualified medical provider if:
795          (i) the qualified medical provider has designated the employee as an individual
796     authorized to access the electronic verification system on behalf of the qualified medical
797     provider;
798          (ii) the qualified medical provider provides written notice to the department of the
799     employee's identity and the designation described in Subsection (3)(a)(i); and
800          (iii) the department grants to the employee access to the electronic verification system.

801          (b) An employee of a business that employs a qualified medical provider may access
802     the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
803     qualified medical provider if:
804          (i) the qualified medical provider has designated the employee as an individual
805     authorized to access the electronic verification system on behalf of the qualified medical
806     provider;
807          (ii) the qualified medical provider and the employing business jointly provide written
808     notice to the department of the employee's identity and the designation described in Subsection
809     (3)(b)(i); and
810          (iii) the department grants to the employee access to the electronic verification system.
811          (4) (a) As used in this Subsection (4), "prescribing provider" means:
812          (i) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
813     Practice Act;
814          (ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
815     58, Chapter 68, Utah Osteopathic Medical Practice Act; or
816          (iii) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
817     Assistant Act.
818          (b) Beginning on the earlier of January 1, 2021, or the date on which the electronic
819     verification system is functionally capable of allowing provider access under this Subsection
820     (4), a prescribing provider may access information in the electronic verification system
821     regarding a patient the prescribing provider treats.
822          (5) The department may release limited data that the system collects for the purpose of:
823          (a) conducting medical and other department approved research;
824          (b) providing the report required by Section 26-61a-703; and
825          (c) other official department purposes.
826          (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
827     Administrative Rulemaking Act, to establish:
828          (a) the limitations on access to the data in the state electronic verification system as
829     described in this section; and
830          (b) standards and procedures to ensure accurate identification of an individual
831     requesting information or receiving information in this section.

832          (7) (a) Any person who knowingly and intentionally releases any information in the
833     state electronic verification system in violation of this section is guilty of a third degree felony.
834          (b) Any person who negligently or recklessly releases any information in the state
835     electronic verification system in violation of this section is guilty of a class C misdemeanor.
836          (8) (a) Any person who obtains or attempts to obtain information from the state
837     electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
838          (b) Any person who obtains or attempts to obtain information from the state electronic
839     verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
840     degree felony.
841          (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
842     intentionally use, release, publish, or otherwise make available to any other person information
843     obtained from the state electronic verification system for any purpose other than a purpose
844     specified in this section.
845          (b) Each separate violation of this Subsection (9) is:
846          (i) a third degree felony; and
847          (ii) subject to a civil penalty not to exceed $5,000.
848          (c) The department shall determine a civil violation of this Subsection (9) in
849     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
850          (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
851     General Fund.
852          (e) This Subsection (9) does not prohibit a person who obtains information from the
853     state electronic verification system under Subsection (2)(a), (c), or (f) from:
854          (i) including the information in the person's medical chart or file for access by a person
855     authorized to review the medical chart or file;
856          (ii) providing the information to a person in accordance with the requirements of the
857     Health Insurance Portability and Accountability Act of 1996; or
858          (iii) discussing or sharing that information about the patient with the patient.
859          Section 10. Section 26-61a-111 is amended to read:
860          26-61a-111. Nondiscrimination for medical care or government employment --
861     Notice to prospective and current public employees -- No effect on private employers.
862          (1) For purposes of medical care, including an organ or tissue transplant, a patient's

863     use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
864     product in a medicinal dosage form:
865          (a) is considered the equivalent of the authorized use of any other medication used at
866     the discretion of a physician; and
867          (b) does not constitute the use of an illicit substance or otherwise disqualify an
868     individual from needed medical care.
869          (2) (a) Notwithstanding any other provision of law and except as provided in
870     Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
871     cannabis in accordance with this chapter or Section 58-37-3.7 in the same way the state or
872     political subdivision treats employee use of any prescribed controlled substance.
873          (b) A state or political subdivision employee who has a valid medical cannabis card is
874     not subject to adverse action, as that term is defined in Section 67-21-2, for failing a drug test
875     due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired or
876     otherwise adversely affected in the employee's job performance due to the use of medical
877     cannabis.
878          (c) Subsections (2)(a) and (b) do not apply where the application of Subsection (2)(a) or
879     (b) would jeopardize federal funding, a federal security clearance, or any other federal
880     background determination required for the employee's position, or if the employee's position is
881     dependent on a license that is subject to federal regulations.
882          (3) (a) (i) A state employer or a political subdivision employer shall take the action
883     described in Subsection (3)(a)(ii) before:
884          (A) giving to a current employee an assignment or duty that arises from or directly
885     relates to an obligation under this chapter; or
886          (B) hiring a prospective employee whose assignments or duties would include an
887     assignment or duty that arises from or directly relates to an obligation under this chapter.
888          (ii) The employer described in Subsection (3)(a)(i) shall give the employee or
889     prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
890     employee or prospective employee:
891          (A) that the employee's or prospective employee's job duties may require the employee
892     or prospective employee to engage in conduct which is in violation of the criminal laws of the
893     United States; and

894          (B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
895     although the employee or prospective employee is entitled to the protections of Title 67,
896     Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
897     carry out an assignment or duty that may be a violation of the criminal laws of the United
898     States with respect to the manufacture, sale, or distribution of cannabis.
899          (b) The [Department] Division of Human Resource Management shall create, revise,
900     and publish the form of the notice described in Subsection (3)(a).
901          (c) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
902     described in Subsection (3)(a) may not:
903          (i) claim in good faith that the employee's actions violate or potentially violate the laws
904     of the United States with respect to the manufacture, sale, or distribution of cannabis; or
905          (ii) refuse to carry out a directive that the employee reasonably believes violates the
906     criminal laws of the United States with respect to the manufacture, sale, or distribution of
907     cannabis.
908          (d) An employer may not take retaliatory action as defined in Section 67-19a-101
909     against a current employee who refuses to sign the notice described in Subsection (3)(a).
910          (4) Nothing in this section requires a private employer to accommodate the use of
911     medical cannabis or affects the ability of a private employer to have policies restricting the use
912     of medical cannabis by applicants or employees.
913          Section 11. Section 31A-2-113 is amended to read:
914          31A-2-113. Supporting services.
915          (1) The Department of [Administrative Services] Government Operations shall provide
916     suitable offices for the Insurance Department:
917          (a) in Salt Lake City; and
918          (b) elsewhere, if approved by the governor as necessary for the efficient operation of
919     the department.
920          (2) The commissioner shall, in accordance with the rules of the Department of
921     [Administrative Services] Government Operations or other applicable laws, procure or obtain
922     access to all materials, supplies, and equipment necessary for the efficient operation of the
923     Insurance Department, including reasonable library facilities and books.
924          Section 12. Section 35A-1-205 is amended to read:

925          35A-1-205. Workforce Appeals Board -- Chair -- Appointment -- Compensation
926     -- Qualifications.
927          (1) There is created the Workforce Appeals Board within the department consisting of
928     one or more panels to hear and decide appeals from the decision of an administrative law
929     judge.
930          (2) (a) A panel shall consist of three impartial members appointed by the governor as
931     follows:
932          (i) the board chair, appointed in accordance with Subsection (5);
933          (ii) one member appointed to represent employers; and in making this appointment, the
934     governor shall consider nominations from employer organizations; and
935          (iii) one member appointed to represent employees; and in making this appointment,
936     the governor shall consider nominations from employee organizations.
937          (b) No more than two members of a panel may belong to the same political party.
938          (3) (a) (i) The term of a member shall be six years beginning on March 1 of the year
939     the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
940          (ii) The governor shall, at the time of appointment or reappointment, adjust the length
941     of terms to ensure that the terms of members are staggered so that approximately one third of
942     the members are appointed every two years.
943          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
944     appointed for the unexpired term.
945          (c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
946     or misfeasance in office, or other good and sufficient cause.
947          (d) A member shall hold office until a successor is appointed and has qualified.
948          (4) (a) Except as provided in Subsection (4)(b), a member may not receive
949     compensation or benefits for the member's service, but may receive per diem and travel
950     expenses in accordance with:
951          (i) Section 63A-3-106;
952          (ii) Section 63A-3-107; and
953          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
954     63A-3-107.
955          (b) The member appointed as board chair in accordance with Subsection (5) shall be

956     compensated at an hourly rate determined by the [Department] Division of Human Resource
957     Management in accordance with Title [67, Chapter 19] 63A, Chapter 17, Utah State Personnel
958     Management Act.
959          (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
960     and administrative head of the board.
961          (b) The chair shall be appointed by the governor to represent the public and may be
962     removed from that position at the will of the governor.
963          (c) The chair shall be experienced in administration and possess any additional
964     qualifications determined by the governor.
965          (6) (a) The chair shall designate an alternate from a panel appointed under this section:
966          (i) in the absence of a regular member or the chair; or
967          (ii) if the regular member or the chair has a conflict of interest.
968          (b) Each case shall be decided by a full three-member panel.
969          (7) The department shall provide the Workforce Appeals Board necessary staff
970     support, except, the board may employ, retain, or appoint legal counsel.
971          Section 13. Section 35A-13-302 is amended to read:
972          35A-13-302. Governor's Committee on Employment of People with Disabilities.
973          (1) There is created the Governor's Committee on Employment of People with
974     Disabilities, composed of the following 19 members:
975          (a) the director of the office;
976          (b) the state superintendent of public instruction or the superintendent's designee;
977          (c) the commissioner of higher education or the commissioner's designee;
978          (d) the [executive] director of the [Department] Division of Human Resource
979     Management or the [executive] director's designee;
980          (e) the executive director of the Department of Human Services or the executive
981     director's designee;
982          (f) the executive director of the Department of Health or the executive director's
983     designee; and
984          (g) the following 13 members appointed by the governor:
985          (i) a representative of individuals who are blind or visually impaired;
986          (ii) a representative of individuals who are deaf or hard of hearing;

987          (iii) a representative of individuals who have disabilities;
988          (iv) seven representatives of business or industry;
989          (v) a representative experienced in job training and placement;
990          (vi) a representative of veterans; and
991          (vii) a representative experienced in medical, health, or insurance professions.
992          (2) (a) (i) Except as provided in Subsection (2)(a)(ii), the governor shall appoint the
993     committee members described in Subsection (1)(g) to serve four-year terms.
994          (ii) In making the initial appointments to the committee, the governor shall appoint
995     approximately one-half of the members to two-year terms and one-half of the members to
996     four-year terms.
997          (b) Committee members shall serve until their successors are appointed and qualified.
998          (c) The governor shall fill any vacancy that occurs on the committee for any reason by
999     appointing a person according to the procedures of this section for the unexpired term of the
1000     vacated member.
1001          (d) The director of the office shall select a chair of the committee from the
1002     membership.
1003          (e) Ten members of the committee are a quorum for the transaction of business.
1004          (3) (a) The committee shall:
1005          (i) promote employment opportunities for individuals with disabilities;
1006          (ii) serve as the designated state liaison to the President's Committee on Employment
1007     of People with Disabilities;
1008          (iii) provide training and technical assistance to employers in implementing the
1009     Americans with Disabilities Act;
1010          (iv) develop and disseminate appropriate information through workshops, meetings,
1011     and other requests in response to needs to employers and others regarding employment of
1012     individuals with disabilities;
1013          (v) establish contacts with various community representatives to identify and resolve
1014     barriers to full participation in employment and community life;
1015          (vi) formally recognize exemplary contributions in the areas of employment, job
1016     placement, training, rehabilitation, support services, medicine, media or public relations, and
1017     personal achievements made by individuals with disabilities;

1018          (vii) advise, encourage, and motivate individuals with disabilities who are preparing
1019     for or seeking employment to reach their full potential as qualified employees;
1020          (viii) advocate for policies and practices that promote full and equal rights for
1021     individuals with disabilities;
1022          (ix) advise the office, the department, and the governor on issues that affect
1023     employment and other requests for information on disability issues; and
1024          (x) prepare an annual report on the progress, accomplishments, and future goals of the
1025     committee and present the report to the department for inclusion in the department's annual
1026     report described in Section 35A-1-109.
1027          (b) The committee may, by following the procedures and requirements of Title 63J,
1028     Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
1029     and accept state funds, private gifts, donations, and funds from any source to carry out its
1030     purposes.
1031          (4) The office shall staff the committee.
1032          Section 14. Section 36-11-307 is amended to read:
1033          36-11-307. Ethics and unlawful harassment training course for lobbyists --
1034     Internet availability -- Content -- Participation tracking -- Penalty.
1035          (1) The lieutenant governor shall develop and maintain online training courses
1036     educating lobbyists about:
1037          (a) federal workplace discrimination and harassment prohibitions and requirements;
1038          (b) the Utah Senate's, Utah House's, and the executive branch's policies governing
1039     workplace discrimination and harassment prohibitions, policies, and procedures; and
1040          (c) state and federal requirements governing lobbyists, including lobbyist ethical
1041     requirements.
1042          (2) A training course described in Subsection (1) shall include training materials and
1043     exercises that are available on the Internet to lobbyists and to the public.
1044          (3) The lieutenant governor shall design the ethics training course to assist lobbyists in
1045     understanding and complying with current ethical and campaign finance requirements under
1046     state law, legislative rules, and federal law.
1047          (4) The lieutenant governor may enter into an agreement with the [Department]
1048     Division of Human Resource Management to assist the lieutenant governor in providing the

1049     workplace discrimination and harassment training described in this section.
1050          (5) A training course described in this section shall include provisions for verifying
1051     when a lobbyist has successfully completed the training.
1052          (6) (a) A lobbyist shall, within 30 days after the day on which the lobbyist applies for a
1053     lobbying license or a lobbying license renewal:
1054          (i) successfully complete the training courses described in this section; and
1055          (ii) provide to the lieutenant governor a document, signed by the lobbyist, certifying
1056     that the lobbyist has:
1057          (A) completed the training courses required by this section; and
1058          (B) received, read, understands, and will comply with the workplace discrimination
1059     and harassment policies adopted by the Utah Senate, the Utah House, and Utah's executive
1060     branch.
1061          (b) The lieutenant governor may not issue a lobbying license, or renew a lobbying
1062     license, until the lieutenant governor has received from the lobbyist the document required by
1063     Subsection (6)(a).
1064          (7) A signature described in Subsection (6)(b) may be an electronic signature.
1065          Section 15. Section 46-1-3 is amended to read:
1066          46-1-3. Qualifications -- Application for notarial commission required -- Term.
1067          (1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the
1068     lieutenant governor shall commission as a notary any qualified person who submits an
1069     application in accordance with this chapter.
1070          (2) To qualify for a notarial commission an individual shall:
1071          (a) be at least 18 years old;
1072          (b) lawfully reside in the state for at least 30 days immediately before the individual
1073     applies for a notarial commission;
1074          (c) be able to read, write, and understand English;
1075          (d) submit an application to the lieutenant governor containing no significant
1076     misstatement or omission of fact, that includes:
1077          (i) the individual's:
1078          (A) name as it will appear on the commission;
1079          (B) residential address;

1080          (C) business address;
1081          (D) daytime telephone number; and
1082          (E) date of birth;
1083          (ii) an affirmation that the individual meets the requirements of this section;
1084          (iii) an indication of any criminal convictions the individual has received, including a
1085     plea of admission or no contest;
1086          (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
1087     notarial commission or other professional license involving the applicant in this or any other
1088     state;
1089          (v) an indication that the individual has passed the examination described in
1090     Subsection (6); and
1091          (vi) payment of an application fee that the lieutenant governor establishes in
1092     accordance with Section 63J-1-504;
1093          (e) (i) be a United States citizen; or
1094          (ii) have permanent resident status under Section 245 of the Immigration and
1095     Nationality Act; and
1096          (f) submit to a background check described in Subsection (3).
1097          (3) (a) The lieutenant governor shall:
1098          (i) request the [Department] Division of Human Resource Management to perform a
1099     criminal background check under Subsection 53-10-108(16) on each individual who submits
1100     an application under this section;
1101          (ii) require an individual who submits an application under this section to provide a
1102     signed waiver on a form provided by the lieutenant governor that complies with Subsection
1103     53-10-108(4); and
1104          (iii) provide the [Department] Division of Human Resource Management the personal
1105     identifying information of each individual who submits an application under this section.
1106          (b) The [Department] Division of Human Resource Management shall:
1107          (i) perform a criminal background check under Subsection 53-10-108(16) on each
1108     individual described in Subsection (3)(a)(i); and
1109          (ii) provide to the lieutenant governor all information that pertains to the individual
1110     described in Subsection (3)(a)(i) that the department identifies or receives as a result of the

1111     background check.
1112          (4) The lieutenant governor may deny an application based on:
1113          (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
1114          (b) any revocation, suspension, or restriction of a notarial commission or professional
1115     license issued to the applicant by this or any other state;
1116          (c) the applicant's official misconduct while acting in the capacity of a notary; or
1117          (d) the applicant's failure to pass the examination described in Subsection (6).
1118          (5) (a) An individual whom the lieutenant governor commissions as a notary:
1119          (i) may perform notarial acts in any part of the state for a term of four years, unless the
1120     person resigns or the commission is revoked or suspended under Section 46-1-19; and
1121          (ii) except through a remote notarization performed in accordance with this chapter,
1122     may not perform a notarial act for another individual who is outside of the state.
1123          (b) (i) After an individual's commission expires, the individual may not perform a
1124     notarial act until the individual obtains a new commission.
1125          (ii) An individual whose commission expires and who wishes to obtain a new
1126     commission shall submit a new application, showing compliance with the requirements of this
1127     section.
1128          (6) (a) Each applicant for a notarial commission shall take an examination that the
1129     lieutenant governor approves and submit the examination to a testing center that the lieutenant
1130     governor designates for purposes of scoring the examination.
1131          (b) The testing center that the lieutenant governor designates shall issue a written
1132     acknowledgment to the applicant indicating whether the applicant passed or failed the
1133     examination.
1134          (7) (a) A notary shall maintain permanent residency in the state during the term of the
1135     notary's notarial commission.
1136          (b) A notary who does not maintain permanent residency under Subsection (7)(a) shall
1137     resign the notary's notarial commission in accordance with Section 46-1-21.
1138          Section 16. Section 46-4-503 is amended to read:
1139          46-4-503. Government products and services provided electronically.
1140          (1) Notwithstanding Section 46-4-501, a state governmental agency that administers
1141     one or more of the following transactions shall allow those transactions to be conducted

1142     electronically:
1143          (a) an application for or renewal of a professional or occupational license issued under
1144     Title 58, Occupations and Professions;
1145          (b) the renewal of a drivers license;
1146          (c) an application for a hunting or fishing license;
1147          (d) the filing of:
1148          (i) a return under Title 59, Chapter 10, Individual Income Tax Act, or Title 59, Chapter
1149     12, Sales and Use Tax Act;
1150          (ii) a court document, as defined by the Judicial Council; or
1151          (iii) a document under Title 70A, Uniform Commercial Code;
1152          (e) a registration for:
1153          (i) a product; or
1154          (ii) a brand;
1155          (f) a renewal of a registration of a motor vehicle;
1156          (g) a registration under:
1157          (i) Title 16, Corporations;
1158          (ii) Title 42, Names; or
1159          (iii) Title 48, Unincorporated Business Entity Act; or
1160          (h) submission of an application for benefits:
1161          (i) under Title 35A, Chapter 3, Employment Support Act;
1162          (ii) under Title 35A, Chapter 4, Employment Security Act; or
1163          (iii) related to accident and health insurance.
1164          (2) The state system of public education, in coordination with the Utah Education and
1165     Telehealth Network, shall make reasonable progress toward making the following services
1166     available electronically:
1167          (a) secure access by parents and students to student grades and progress reports;
1168          (b) email communications with:
1169          (i) teachers;
1170          (ii) parent-teacher associations; and
1171          (iii) school administrators;
1172          (c) access to school calendars and schedules; and

1173          (d) teaching resources that may include:
1174          (i) teaching plans;
1175          (ii) curriculum guides; and
1176          (iii) media resources.
1177          (3) A state governmental agency shall:
1178          (a) in carrying out the requirements of this section, take reasonable steps to ensure the
1179     security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
1180     Government Records Access and Management Act;
1181          (b) in addition to those transactions listed in Subsections (1) and (2), determine any
1182     additional services that may be made available to the public through electronic means; and
1183          (c) as part of the agency's information technology plan required by Section [63F-1-204]
1184     63A-16-203, report on the progress of compliance with Subsections (1) through (3).
1185          (4) Notwithstanding the other provisions of this part, a state governmental agency is
1186     not required by this part to conduct a transaction electronically if:
1187          (a) conducting the transaction electronically is not required by federal law; and
1188          (b) conducting the transaction electronically is:
1189          (i) impractical;
1190          (ii) unreasonable; or
1191          (iii) not permitted by laws pertaining to privacy or security.
1192          (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
1193     access to diverse services and agencies at one location including virtual colocation.
1194          (b) State agencies that provide services or offer direct assistance to the business
1195     community shall participate in the establishment, maintenance, and enhancement of an
1196     integrated Utah business web portal known as Business.utah.gov. The purpose of the business
1197     web portal is to provide "one-stop shop" assistance to businesses.
1198          (c) State agencies shall partner with other governmental and nonprofit agencies whose
1199     primary mission is to provide services or offer direct assistance to the business community in
1200     Utah in fulfilling the requirements of this section.
1201          (d) The following state entities shall comply with the provisions of this Subsection (5):
1202          (i) Governor's Office of Economic Development, which shall serve as the managing
1203     partner for the website;

1204          (ii) Department of Workforce Services;
1205          (iii) Department of Commerce;
1206          (iv) Tax Commission;
1207          (v) Department of [Administrative Services] Government Operations - Division of
1208     Purchasing and General Services, including other state agencies operating under a grant of
1209     authority from the division to procure goods and services in excess of $5,000;
1210          (vi) Department of Agriculture;
1211          (vii) Department of Natural Resources; and
1212          (viii) other state agencies that provide services or offer direct assistance to the business
1213     sector.
1214          (e) The business services available on the business web portal may include:
1215          (i) business life cycle information;
1216          (ii) business searches;
1217          (iii) employment needs and opportunities;
1218          (iv) motor vehicle registration;
1219          (v) permit applications and renewal;
1220          (vi) tax information;
1221          (vii) government procurement bid notifications;
1222          (viii) general business information;
1223          (ix) business directories; and
1224          (x) business news.
1225          Section 17. Section 46-5-102 is amended to read:
1226          46-5-102. Definitions.
1227          In this chapter:
1228          (1) "Electronic" means relating to technology having electrical, digital, magnetic,
1229     wireless, optical, electromagnetic, or similar capabilities.
1230          (2) "Legal material" means, whether or not in effect:
1231          (a) the Utah Constitution;
1232          (b) the Laws of Utah;
1233          (c) the Utah Code;
1234          (d) the Utah Administrative Code; or

1235          (e) the Utah State Bulletin.
1236          (3) "Official publisher" means:
1237          (a) for the Utah Constitution, the Office of Legislative Research and General Counsel;
1238          (b) for the Laws of Utah, the Office of Legislative Research and General Counsel;
1239          (c) for the Utah Code, the Office of Legislative Research and General Counsel;
1240          (d) for the Utah Administrative Code, the Office of Administrative Rules created in
1241     Section 63G-3-401 within the Department of [Administrative Services] Government
1242     Operations; or
1243          (e) for the Utah State Bulletin, the Office of Administrative Rules.
1244          (4) "Publish" means to display, present, or release to the public, or cause to be
1245     displayed, presented, or released to the public, by the official publisher.
1246          (5) "Record" means information that is inscribed on a tangible medium or that is stored
1247     in an electronic or other medium and is retrievable in perceivable form.
1248          (6) "State" means a state of the United States, the District of Columbia, Puerto Rico,
1249     the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
1250     of the United States.
1251          Section 18. Section 49-11-406 is amended to read:
1252          49-11-406. Governor's appointed executives and senior staff -- Appointed
1253     legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
1254          (1) As used in this section:
1255          (a) "Defined benefit balance" means the total amount of the contributions made on
1256     behalf of a member to a defined benefit system plus refund interest.
1257          (b) "Senior staff" means an at-will employee who reports directly to an elected official,
1258     executive director, or director and includes a deputy director and other similar, at-will
1259     employee positions designated by the governor, the speaker of the House, or the president of
1260     the Senate and filed with the [Department] Division of Human Resource Management and the
1261     Utah State Retirement Office.
1262          (2) In accordance with this section and subject to requirements under federal law and
1263     rules made by the board, a member who has service credit from a system may elect to be
1264     exempt from coverage under a defined benefit system and to have the member's defined benefit
1265     balance transferred from the defined benefit system or plan to a defined contribution plan in the

1266     member's own name if the member is:
1267          (a) the state auditor;
1268          (b) the state treasurer;
1269          (c) an appointed executive under Subsection 67-22-2(1)(a);
1270          (d) an employee in the Governor's Office;
1271          (e) senior staff in the Governor's Office of Management and Budget;
1272          (f) senior staff in the Governor's Office of Economic Development;
1273          (g) senior staff in the Commission on Criminal and Juvenile Justice;
1274          (h) a legislative employee appointed under Subsection 36-12-7(3)(a);
1275          (i) a legislative employee appointed by the speaker of the House of Representatives, the
1276     House of Representatives minority leader, the president of the Senate, or the Senate minority
1277     leader; or
1278          (j) senior staff of the Utah Science Technology and Research Initiative created under
1279     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
1280          (3) An election made under Subsection (2):
1281          (a) is final, and no right exists to make any further election;
1282          (b) is considered a request to be exempt from coverage under a defined benefits
1283     system; and
1284          (c) shall be made on forms provided by the office.
1285          (4) The board shall adopt rules to implement and administer this section.
1286          Section 19. Section 49-14-201 is amended to read:
1287          49-14-201. System membership -- Eligibility.
1288          (1) Except as provided in Section 49-15-201, a public safety service employee of a
1289     participating employer participating in this system is eligible for service credit in this system at
1290     the earliest of:
1291          (a) July 1, 1969, if the public safety service employee was employed by the
1292     participating employer on July 1, 1969, and the participating employer was participating in this
1293     system on that date;
1294          (b) the date the participating employer begins participating in this system if the public
1295     safety service employee was employed by the participating employer on that date; or
1296          (c) the date the public safety service employee is employed by the participating

1297     employer and is eligible to perform public safety service, except that a public safety service
1298     employee initially entering employment with a participating employer on or after July 1, 2011,
1299     who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
1300     administered by the board, may not participate in this system.
1301          (2) (a) (i) A participating employer that has public safety service and firefighter service
1302     employees that require cross-training and duty shall enroll those dual purpose employees in the
1303     system in which the greatest amount of time is actually worked.
1304          (ii) The employees shall either be full-time public safety service or full-time firefighter
1305     service employees of the participating employer.
1306          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
1307     participating employer shall receive written permission from the office.
1308          (ii) The office may request documentation to verify the appropriateness of the transfer.
1309          (3) The board may combine or segregate the actuarial experience of participating
1310     employers in this system for the purpose of setting contribution rates.
1311          (4) (a) (i) Each participating employer participating in this system shall annually
1312     submit to the office a schedule indicating the positions to be covered under this system in
1313     accordance with this chapter.
1314          (ii) The office may require documentation to justify the inclusion of any position under
1315     this system.
1316          (b) If there is a dispute between the office and a participating employer or employee
1317     over any position to be covered, the disputed position shall be submitted to the Peace Officer
1318     Standards and Training Council established under Section 53-6-106 for determination.
1319          (c) (i) The Peace Officer Standards and Training Council's authority to decide
1320     eligibility for public safety service credit is limited to claims for coverage under this system for
1321     time periods after July 1, 1989.
1322          (ii) A decision of the Peace Officer Standards and Training Council may not be applied
1323     to service credit earned in another system prior to July 1, 1989.
1324          (iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
1325     Standards and Training Council granting a position coverage under this system may only be
1326     applied prospectively from the date of that decision.
1327          (iv) A decision of the Peace Officer Standards and Training Council granting a position

1328     coverage under this system may be applied retroactively only if:
1329          (A) the participating employer covered other similarly situated positions under this
1330     system during the time period in question; and
1331          (B) the position otherwise meets all eligibility requirements for receiving service credit
1332     in this system during the period for which service credit is to be granted.
1333          (5) The Peace Officer Standards and Training Council may use a subcommittee to
1334     provide a recommendation to the council in determining disputes between the office and a
1335     participating employer or employee over a position to be covered under this system.
1336          (6) The Peace Officer Standards and Training Council shall comply with Title 63G,
1337     Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
1338          (7) A public safety employee who is transferred or promoted to an administration
1339     position requiring the performance of duties that consist primarily of management or
1340     supervision of public safety service employees shall continue to earn public safety service
1341     credit in this system as long as the employee remains employed in the same department.
1342          (8) An employee of the Department of Corrections shall continue to earn public safety
1343     service credit in this system if:
1344          (a) the employee's position is no longer covered under this system for new employees
1345     hired on or after July 1, 2015; and
1346          (b) the employee:
1347          (i) remains employed by the Department of Corrections;
1348          (ii) meets the eligibility requirements of this system;
1349          (iii) was hired into a position covered by this system prior to July 1, 2015; and
1350          (iv) has not had a break in service on or after July 1, 2015.
1351          (9) An employee who is reassigned to the [Department] Division of Technology
1352     Services or to the [Department] Division of Human Resource Management, and who was a
1353     member of this system, is entitled to remain a member of this system.
1354          (10) (a) To determine that a position is covered under this system, the office and, if a
1355     coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
1356     position requires the employee to:
1357          (i) except for a dispatcher, place the employee's life or personal safety at risk; and
1358          (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or

1359     53-13-105.
1360          (b) If a position satisfies the requirements of Subsection (10)(a), the office and the
1361     Peace Officer Standards and Training Council shall consider whether or not the position
1362     requires the employee to:
1363          (i) perform duties that consist primarily of actively preventing or detecting crime and
1364     enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
1365          (ii) perform duties that consist primarily of providing community protection; and
1366          (iii) respond to situations involving threats to public safety and make emergency
1367     decisions affecting the lives and health of others.
1368          (11) If a subcommittee is used to recommend the determination of disputes to the
1369     Peace Officer Standards and Training Council, the subcommittee shall comply with the
1370     requirements of Subsection (10) in making its recommendation.
1371          (12) A final order of the Peace Officer Standards and Training Council regarding a
1372     dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
1373     Procedures Act.
1374          (13) Except as provided under Subsection (14), if a participating employer's public
1375     safety service employees are not covered by this system or under Chapter 15, Public Safety
1376     Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
1377     who may otherwise qualify for membership in this system shall, at the discretion of the
1378     participating employer, remain in their current retirement system.
1379          (14) (a) A public safety service employee employed by an airport police department,
1380     which elects to cover its public safety service employees under the Public Safety
1381     Noncontributory Retirement System under Subsection (13), may elect to remain in the public
1382     safety service employee's current retirement system.
1383          (b) The public safety service employee's election to remain in the current retirement
1384     system under Subsection (14)(a):
1385          (i) shall be made at the time the employer elects to move its public safety service
1386     employees to a public safety retirement system;
1387          (ii) documented by written notice to the participating employer; and
1388          (iii) is irrevocable.
1389          (15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service

1390     employee who is a dispatcher employed by:
1391          (i) the state shall be eligible for service credit in this system; and
1392          (ii) a participating employer other than the state shall be eligible for service credit in
1393     this system if the dispatcher's participating employer elects to cover its dispatchers under this
1394     system.
1395          (b) A participating employer's election to cover its dispatchers under this system under
1396     Subsection (15)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
1397     governing body of the participating employer in accordance with rules made by the office.
1398          (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
1399     of a participating employer under Subsection (15)(b), is not eligible for service credit in this
1400     system.
1401          (16) Notwithstanding any other provision of this section, a person initially entering
1402     employment with a participating employer on or after July 1, 2011, who does not have service
1403     credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
1404     not participate in this system.
1405          Section 20. Section 49-15-201 is amended to read:
1406          49-15-201. System membership -- Eligibility.
1407          (1) (a) A public safety service employee employed by the state after July 1, 1989, but
1408     before July 1, 2011, is eligible for service credit in this system.
1409          (b) A public safety service employee employed by the state prior to July 1, 1989, may
1410     either elect to receive service credit in this system or continue to receive service credit under
1411     the system established under Chapter 14, Public Safety Contributory Retirement Act, by
1412     following the procedures established by the board under this chapter.
1413          (2) (a) Public safety service employees of a participating employer other than the state
1414     that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
1415     System shall be eligible only for service credit in that system.
1416          (b) (i) A participating employer other than the state that elected on or before July 1,
1417     1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
1418     service employee to elect to participate in either this system or the Public Safety Contributory
1419     Retirement System.
1420          (ii) Except as expressly allowed by this title, the election of the public safety service

1421     employee is final and may not be changed.
1422          (c) A public safety service employee hired by a participating employer other than the
1423     state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
1424          (d) A public safety service employee of a participating employer other than the state
1425     who began participation in this system after July 1, 1989, but before July 1, 2011, is only
1426     eligible for service credit in this system.
1427          (e) A person initially entering employment with a participating employer on or after
1428     July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
1429     or plan administered by the board, may not participate in this system.
1430          (3) (a) (i) A participating employer that has public safety service and firefighter service
1431     employees that require cross-training and duty shall enroll those dual purpose employees in the
1432     system in which the greatest amount of time is actually worked.
1433          (ii) The employees shall either be full-time public safety service or full-time firefighter
1434     service employees of the participating employer.
1435          (b) (i) Prior to transferring a dual purpose employee from one system to another, the
1436     participating employer shall receive written permission from the office.
1437          (ii) The office may request documentation to verify the appropriateness of the transfer.
1438          (4) The board may combine or segregate the actuarial experience of participating
1439     employers in this system for the purpose of setting contribution rates.
1440          (5) (a) (i) Each participating employer participating in this system shall annually
1441     submit to the office a schedule indicating the positions to be covered under this system in
1442     accordance with this chapter.
1443          (ii) The office may require documentation to justify the inclusion of any position under
1444     this system.
1445          (b) If there is a dispute between the office and a participating employer or employee
1446     over any position to be covered, the disputed position shall be submitted to the Peace Officer
1447     Standards and Training Council established under Section 53-6-106 for determination.
1448          (c) (i) The Peace Officer Standards and Training Council's authority to decide
1449     eligibility for public safety service credit is limited to claims for coverage under this system for
1450     time periods after July 1, 1989.
1451          (ii) A decision of the Peace Officer Standards and Training Council may not be applied

1452     to service credit earned in another system prior to July 1, 1989.
1453          (iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
1454     Standards and Training Council granting a position coverage under this system may only be
1455     applied prospectively from the date of that decision.
1456          (iv) A decision of the Peace Officer Standards and Training Council granting a position
1457     coverage under this system may be applied retroactively only if:
1458          (A) the participating employer covered other similarly situated positions under this
1459     system during the time period in question; and
1460          (B) the position otherwise meets all eligibility requirements for receiving service credit
1461     in this system during the period for which service credit is to be granted.
1462          (6) The Peace Officer Standards and Training Council may use a subcommittee to
1463     provide a recommendation to the council in determining disputes between the office and a
1464     participating employer or employee over a position to be covered under this system.
1465          (7) The Peace Officer Standards and Training Council shall comply with Title 63G,
1466     Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
1467          (8) A public safety service employee who is transferred or promoted to an
1468     administration position requiring the performance of duties that consist primarily of
1469     management or supervision of public safety service employees shall continue to earn public
1470     safety service credit in this system as long as the employee remains employed in the same
1471     department.
1472          (9) An employee of the Department of Corrections shall continue to earn public safety
1473     service credit in this system if:
1474          (a) the employee's position is no longer covered under this system for new employees
1475     hired on or after July 1, 2015; and
1476          (b) the employee:
1477          (i) remains employed by the Department of Corrections;
1478          (ii) meets the eligibility requirements of this system;
1479          (iii) was hired into a position covered by this system prior to July 1, 2015; and
1480          (iv) has not had a break in service on or after July 1, 2015.
1481          (10) Any employee who is reassigned to the [Department] Division of Technology
1482     Services or to the [Department] Division of Human Resource Management, and who was a

1483     member in this system, shall be entitled to remain a member in this system.
1484          (11) (a) To determine that a position is covered under this system, the office and, if a
1485     coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
1486     position requires the employee to:
1487          (i) except for a dispatcher, place the employee's life or personal safety at risk; and
1488          (ii) complete training as provided in Section 53-6-303, 53-13-103, 53-13-104, or
1489     53-13-105.
1490          (b) If a position satisfies the requirements of Subsection (11)(a), the office and Peace
1491     Officer Standards and Training Council shall consider whether the position requires the
1492     employee to:
1493          (i) perform duties that consist primarily of actively preventing or detecting crime and
1494     enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
1495          (ii) perform duties that consist primarily of providing community protection; and
1496          (iii) respond to situations involving threats to public safety and make emergency
1497     decisions affecting the lives and health of others.
1498          (12) If a subcommittee is used to recommend the determination of disputes to the
1499     Peace Officer Standards and Training Council, the subcommittee shall comply with the
1500     requirements of Subsection (11) in making its recommendation.
1501          (13) A final order of the Peace Officer Standards and Training Council regarding a
1502     dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
1503     Procedures Act.
1504          (14) Except as provided under Subsection (15), if a participating employer's public
1505     safety service employees are not covered by this system or under Chapter 14, Public Safety
1506     Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
1507     may otherwise qualify for membership in this system shall, at the discretion of the participating
1508     employer, remain in their current retirement system.
1509          (15) (a) A public safety service employee employed by an airport police department,
1510     which elects to cover its public safety service employees under the Public Safety
1511     Noncontributory Retirement System under Subsection (14), may elect to remain in the public
1512     safety service employee's current retirement system.
1513          (b) The public safety service employee's election to remain in the current retirement

1514     system under Subsection (15)(a):
1515          (i) shall be made at the time the employer elects to move its public safety service
1516     employees to a public safety retirement system;
1517          (ii) shall be documented by written notice to the participating employer; and
1518          (iii) is irrevocable.
1519          (16) (a) Subject to Subsection (17), beginning July 1, 2015, a public safety service
1520     employee who is a dispatcher employed by:
1521          (i) the state shall be eligible for service credit in this system; and
1522          (ii) a participating employer other than the state shall be eligible for service credit in
1523     this system if the dispatcher's participating employer elects to cover its dispatchers under this
1524     system.
1525          (b) A participating employer's election to cover its dispatchers under this system under
1526     Subsection (16)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
1527     governing body of the participating employer in accordance with rules made by the office.
1528          (c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
1529     of a participating employer under Subsection (16)(b), is not eligible for service credit in this
1530     system.
1531          (17) Notwithstanding any other provision of this section, a person initially entering
1532     employment with a participating employer on or after July 1, 2011, who does not have service
1533     credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
1534     not participate in this system.
1535          Section 21. Section 49-20-401 is amended to read:
1536          49-20-401. Program -- Powers and duties.
1537          (1) The program shall:
1538          (a) act as a self-insurer of employee benefit plans and administer those plans;
1539          (b) enter into contracts with private insurers or carriers to underwrite employee benefit
1540     plans as considered appropriate by the program;
1541          (c) indemnify employee benefit plans or purchase commercial reinsurance as
1542     considered appropriate by the program;
1543          (d) provide descriptions of all employee benefit plans under this chapter in cooperation
1544     with covered employers;

1545          (e) process claims for all employee benefit plans under this chapter or enter into
1546     contracts, after competitive bids are taken, with other benefit administrators to provide for the
1547     administration of the claims process;
1548          (f) obtain an annual actuarial review of all health and dental benefit plans and a
1549     periodic review of all other employee benefit plans;
1550          (g) consult with the covered employers to evaluate employee benefit plans and develop
1551     recommendations for benefit changes;
1552          (h) annually submit a budget and audited financial statements to the governor and
1553     Legislature which includes total projected benefit costs and administrative costs;
1554          (i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
1555     liabilities of the employee benefit plans as certified by the program's consulting actuary;
1556          (j) submit, in advance, its recommended benefit adjustments for state employees to:
1557          (i) the Legislature; and
1558          (ii) the [executive] director of the state [Department] Division of Human Resource
1559     Management;
1560          (k) determine benefits and rates, upon approval of the board, for multi-employer risk
1561     pools, retiree coverage, and conversion coverage;
1562          (l) determine benefits and rates based on the total estimated costs and the employee
1563     premium share established by the Legislature, upon approval of the board, for state employees;
1564          (m) administer benefits and rates, upon ratification of the board, for single-employer
1565     risk pools;
1566          (n) request proposals for provider networks or health and dental benefit plans
1567     administered by third-party carriers at least once every three years for the purposes of:
1568          (i) stimulating competition for the benefit of covered individuals;
1569          (ii) establishing better geographical distribution of medical care services; and
1570          (iii) providing coverage for both active and retired covered individuals;
1571          (o) offer proposals which meet the criteria specified in a request for proposals and
1572     accepted by the program to active and retired state covered individuals and which may be
1573     offered to active and retired covered individuals of other covered employers at the option of the
1574     covered employer;
1575          (p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for

1576     the Department of Health if the program provides program benefits to children enrolled in the
1577     Utah Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's
1578     Health Insurance Act;
1579          (q) establish rules and procedures governing the admission of political subdivisions or
1580     educational institutions and their employees to the program;
1581          (r) contract directly with medical providers to provide services for covered individuals;
1582          (s) take additional actions necessary or appropriate to carry out the purposes of this
1583     chapter;
1584          (t) (i) require state employees and their dependents to participate in the electronic
1585     exchange of clinical health records in accordance with Section 26-1-37 unless the enrollee opts
1586     out of participation; and
1587          (ii) prior to enrolling the state employee, each time the state employee logs onto the
1588     program's website, and each time the enrollee receives written enrollment information from the
1589     program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
1590     of clinical health records and the option to opt out of participation at any time; and
1591          (u) at the request of a procurement unit, as that term is defined in Section 63G-6a-103,
1592     that administers benefits to program recipients who are not covered by Title 26, Utah Health
1593     Code, provide services for:
1594          (i) drugs;
1595          (ii) medical devices; or
1596          (iii) other types of medical care.
1597          (2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
1598     employers and covered individuals.
1599          (b) Administrative costs shall be approved by the board and reported to the governor
1600     and the Legislature.
1601          (3) The [Department] Division of Human Resource Management shall include the
1602     benefit adjustments described in Subsection (1)(j) in the total compensation plan recommended
1603     to the governor required under Subsection [67-19-12] 63A-17-307(5)(a).
1604          Section 22. Section 49-20-410 is amended to read:
1605          49-20-410. High deductible health plan -- Health savings account --
1606     Contributions.

1607          (1) (a) In addition to other employee benefit plans offered under Subsection
1608     49-20-201(1), the office shall offer at least one federally qualified high deductible health plan
1609     with a health savings account as an optional health plan.
1610          (b) The provisions and limitations of the plan shall be:
1611          (i) determined by the office in accordance with federal requirements and limitations;
1612     and
1613          (ii) designed to promote appropriate health care utilization by consumers, including
1614     preventive health care services.
1615          (c) A state employee hired on or after July 1, 2011, who is offered a plan under
1616     Subsection 49-20-202(1)(a), shall be enrolled in a federally qualified high deductible health
1617     plan unless the employee chooses a different health benefit plan during the employee's open
1618     enrollment period.
1619          (2) The office shall:
1620          (a) administer the high deductible health plan in coordination with a health savings
1621     account for medical expenses for each covered individual in the high deductible health plan;
1622          (b) offer to all employees training regarding all health plans offered to employees;
1623          (c) prepare online training as an option for the training required by Subsections (2)(b)
1624     and (4);
1625          (d) ensure the training offered under Subsections (2)(b) and (c) includes information on
1626     changing coverages to the high deductible plan with a health savings account, including
1627     coordination of benefits with other insurances, restrictions on other insurance coverages, and
1628     general tax implications; and
1629          (e) coordinate annual open enrollment with the [Department] Division of Human
1630     Resource Management to give state employees the opportunity to affirmatively select
1631     preferences from among insurance coverage options.
1632          (3) (a) Contributions to the health savings account may be made by the employer.
1633          (b) The amount of the employer contributions under Subsection (3)(a) shall be
1634     determined annually by the office, after consultation with the [Department] Division of Human
1635     Resource Management and the Governor's Office of Management and Budget so that the
1636     annual employer contribution amount is not less than the difference in the actuarial value
1637     between the program's health maintenance organization coverage and the federally qualified

1638     high deductible health plan coverage, after taking into account any difference in employee
1639     premium contribution.
1640          (c) The office shall distribute the annual amount determined under Subsection (3)(b) to
1641     employees in two equal amounts with a pay date in January and a pay date in July of each plan
1642     year.
1643          (d) An employee may also make contributions to the health savings account.
1644          (e) If an employee is ineligible for a contribution to a health savings account under
1645     federal law and would otherwise be eligible for the contribution under Subsection (3)(a), the
1646     contribution shall be distributed into a health reimbursement account or other tax-advantaged
1647     arrangement authorized under the Internal Revenue Code for the benefit of the employee.
1648          (4) (a) An employer participating in a plan offered under Subsection 49-20-202(1)(a)
1649     shall require each employee to complete training on the health plan options available to the
1650     employee.
1651          (b) The training required by Subsection (4)(a):
1652          (i) shall include materials prepared by the office under Subsection (2);
1653          (ii) may be completed online; and
1654          (iii) shall be completed:
1655          (A) before the end of the 2012 open enrollment period for current enrollees in the
1656     program; and
1657          (B) for employees hired on or after July 1, 2011, before the employee's selection of a
1658     plan in the program.
1659          Section 23. Section 53-1-106 is amended to read:
1660          53-1-106. Department duties -- Powers.
1661          (1) In addition to the responsibilities contained in this title, the department shall:
1662          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
1663     Code, including:
1664          (i) setting performance standards for towing companies to be used by the department,
1665     as required by Section 41-6a-1406; and
1666          (ii) advising the Department of Transportation regarding the safe design and operation
1667     of school buses, as required by Section 41-6a-1304;
1668          (b) make rules to establish and clarify standards pertaining to the curriculum and

1669     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
1670          (c) aid in enforcement efforts to combat drug trafficking;
1671          (d) meet with the [Department] Division of Technology Services to formulate
1672     contracts, establish priorities, and develop funding mechanisms for dispatch and
1673     telecommunications operations;
1674          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
1675     Victims of Crime in conducting research or monitoring victims' programs, as required by
1676     Section 63M-7-505;
1677          (f) develop sexual assault exam protocol standards in conjunction with the Utah
1678     Hospital Association;
1679          (g) engage in emergency planning activities, including preparation of policy and
1680     procedure and rulemaking necessary for implementation of the federal Emergency Planning
1681     and Community Right to Know Act of 1986, as required by Section 53-2a-702;
1682          (h) implement the provisions of Section 53-2a-402, the Emergency Management
1683     Assistance Compact;
1684          (i) ensure that any training or certification required of a public official or public
1685     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1686     22, State Training and Certification Requirements, if the training or certification is required:
1687          (i) under this title;
1688          (ii) by the department; or
1689          (iii) by an agency or division within the department; and
1690          (j) employ a law enforcement officer as a public safety liaison to be housed at the State
1691     Board of Education who shall work with the State Board of Education to:
1692          (i) support training with relevant state agencies for school resource officers as
1693     described in Section 53G-8-702;
1694          (ii) coordinate the creation of model policies and memorandums of understanding for a
1695     local education agency and a local law enforcement agency; and
1696          (iii) ensure cooperation between relevant state agencies, a local education agency, and
1697     a local law enforcement agency to foster compliance with disciplinary related statutory
1698     provisions, including Sections 53E-3-516 and 53G-8-211.
1699          (2) (a) The department shall establish a schedule of fees as required or allowed in this

1700     title for services provided by the department.
1701          (b) All fees not established in statute shall be established in accordance with Section
1702     63J-1-504.
1703          (3) The department may establish or contract for the establishment of an Organ
1704     Procurement Donor Registry in accordance with Section 26-28-120.
1705          Section 24. Section 53-2a-105 is amended to read:
1706          53-2a-105. Emergency Management Administration Council created -- Function
1707     -- Composition -- Expenses.
1708          (1) There is created the Emergency Management Administration Council to provide
1709     advice and coordination for state and local government agencies on government emergency
1710     prevention, mitigation, preparedness, response, and recovery actions and activities.
1711          (2) The council shall meet at the call of the chair, but at least semiannually.
1712          (3) The council shall be made up of the:
1713          (a) lieutenant governor, or the lieutenant governor's designee;
1714          (b) attorney general, or the attorney general's designee;
1715          (c) heads of the following state agencies, or their designees:
1716          (i) Department of Public Safety;
1717          (ii) Division of Emergency Management;
1718          (iii) Department of Transportation;
1719          (iv) Department of Health;
1720          (v) Department of Environmental Quality;
1721          (vi) Department of Workforce Services;
1722          (vii) Department of Natural Resources;
1723          (viii) Department of Agriculture and Food;
1724          (ix) [Department] Division of Technology Services; and
1725          (x) Division of Indian Affairs;
1726          (d) adjutant general of the National Guard or the adjutant general's designee;
1727          (e) statewide interoperability coordinator of the Utah Communications Authority or the
1728     coordinator's designee;
1729          (f) two representatives with expertise in emergency management appointed by the Utah
1730     League of Cities and Towns;

1731          (g) two representatives with expertise in emergency management appointed by the
1732     Utah Association of Counties;
1733          (h) up to four additional members with expertise in emergency management, critical
1734     infrastructure, or key resources as these terms are defined under 6 U.S. Code Section 101
1735     appointed from the private sector, by the co-chairs of the council;
1736          (i) two representatives appointed by the Utah Emergency Management Association;
1737          (j) one representative from the Urban Area Working Group, appointed by the council
1738     co-chairs;
1739          (k) one representative from education, appointed by the council co-chairs; and
1740          (l) one representative from a volunteer or faith-based organization, appointed by the
1741     council co-chairs.
1742          (4) The commissioner and the lieutenant governor shall serve as co-chairs of the
1743     council.
1744          (5) A member may not receive compensation or benefits for the member's service, but
1745     may receive per diem and travel expenses in accordance with:
1746          (a) Section 63A-3-106;
1747          (b) Section 63A-3-107; and
1748          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1749     63A-3-107.
1750          (6) The council shall coordinate with existing emergency management related entities
1751     including:
1752          (a) the Emergency Management Regional Committees established by the Department
1753     of Public Safety;
1754          (b) the Statewide Mutual Aid Committee established under Section 53-2a-303; and
1755          (c) the Hazardous Chemical Emergency Response Commission designated under
1756     Section 53-2a-703.
1757          (7) The council may appoint additional members or establish other committees and
1758     task forces as determined necessary by the council to carry out the duties of the council.
1759          Section 25. Section 53-2a-802 is amended to read:
1760          53-2a-802. Definitions.
1761          (1) (a) "Absent" means:

1762          (i) not physically present or not able to be communicated with for 48 hours; or
1763          (ii) for local government officers, as defined by local ordinances.
1764          (b) "Absent" does not include a person who can be communicated with via telephone,
1765     radio, or telecommunications.
1766          (2) "Department" means the Department of [Administrative Services] Government
1767     Operations, the Department of Agriculture and Food, the Alcoholic Beverage Control
1768     Commission, the Department of Commerce, the Department of Heritage and Arts, the
1769     Department of Corrections, the Department of Environmental Quality, the Department of
1770     Financial Institutions, the Department of Health, [the Department of Human Resource
1771     Management,] the Department of Workforce Services, the Labor Commission, the National
1772     Guard, the Department of Insurance, the Department of Natural Resources, the Department of
1773     Public Safety, the Public Service Commission, the Department of Human Services, the State
1774     Tax Commission, [the Department of Technology Services,] the Department of Transportation,
1775     any other major administrative subdivisions of state government, the State Board of Education,
1776     the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement
1777     Board, and each institution of higher education within the system of higher education.
1778          (3) "Division" means the Division of Emergency Management established in Title 53,
1779     Chapter 2a, Part 1, Emergency Management Act.
1780          (4) "Emergency interim successor" means a person designated by this part to exercise
1781     the powers and discharge the duties of an office when the person legally exercising the powers
1782     and duties of the office is unavailable.
1783          (5) "Executive director" means the person with ultimate responsibility for managing
1784     and overseeing the operations of each department, however denominated.
1785          (6) (a) "Office" includes all state and local offices, the powers and duties of which are
1786     defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
1787          (b) "Office" does not include the office of governor or the legislative or judicial offices.
1788          (7) "Place of governance" means the physical location where the powers of an office
1789     are being exercised.
1790          (8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
1791     authorities, and other public corporations and entities whether organized and existing under
1792     charter or general law.

1793          (9) "Political subdivision officer" means a person holding an office in a political
1794     subdivision.
1795          (10) "State officer" means the attorney general, the state treasurer, the state auditor, and
1796     the executive director of each department.
1797          (11) "Unavailable" means:
1798          (a) absent from the place of governance during a disaster that seriously disrupts normal
1799     governmental operations, whether or not that absence or inability would give rise to a vacancy
1800     under existing constitutional or statutory provisions; or
1801          (b) as otherwise defined by local ordinance.
1802          Section 26. Section 53-6-104 is amended to read:
1803          53-6-104. Appointment of director of division -- Qualifications -- Appointment of
1804     employees -- Term of office -- Compensation.
1805          (1) The commissioner, upon recommendation of the council and with the approval of
1806     the governor, shall appoint a director of the division.
1807          (2) The director is the executive and administrative head of the division and shall be
1808     experienced in administration and possess additional qualifications as determined by the
1809     commissioner and as provided by law.
1810          (3) The director shall be a full-time officer of the state.
1811          (4) The director may appoint deputies, consultants, clerks, and other employees from
1812     eligibility lists authorized by the [Department] Division of Human Resource Management.
1813          (5) The director may be removed from his position at the will of the commissioner.
1814          (6) The director shall receive compensation as provided by Title [67] 63A, Chapter
1815     [19] 17, Utah State Personnel Management Act.
1816          Section 27. Section 53-10-108 is amended to read:
1817          53-10-108. Restrictions on access, use, and contents of division records -- Limited
1818     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
1819     -- Missing children records -- Penalty for misuse of records.
1820          (1) As used in this section:
1821          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
1822     Bureau of Investigation.
1823          (b) "Rap back system" means a system that enables authorized entities to receive

1824     ongoing status notifications of any criminal history reported on individuals whose fingerprints
1825     are registered in the system.
1826          (c) "WIN Database" means the Western Identification Network Database that consists
1827     of eight western states sharing one electronic fingerprint database.
1828          (2) Dissemination of information from a criminal history record, including information
1829     obtained from a fingerprint background check, name check, warrant of arrest information, or
1830     information from division files, is limited to:
1831          (a) criminal justice agencies for purposes of administration of criminal justice and for
1832     employment screening by criminal justice agencies;
1833          (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
1834     agency to provide services required for the administration of criminal justice;
1835          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
1836     purposes for which given, and ensure the security and confidentiality of the data;
1837          (c) a qualifying entity for employment background checks for their own employees and
1838     persons who have applied for employment with the qualifying entity;
1839          (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
1840     executive order, court rule, court order, or local ordinance;
1841          (e) agencies or individuals for the purpose of obtaining required clearances connected
1842     with foreign travel or obtaining citizenship;
1843          (f) agencies or individuals for the purpose of a preplacement adoptive study, in
1844     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
1845          (g) private security agencies through guidelines established by the commissioner for
1846     employment background checks for their own employees and prospective employees;
1847          (h) state agencies for the purpose of conducting a background check for the following
1848     individuals:
1849          (i) employees;
1850          (ii) applicants for employment;
1851          (iii) volunteers; and
1852          (iv) contract employees;
1853          (i) governor's office for the purpose of conducting a background check on the
1854     following individuals:

1855          (i) cabinet members;
1856          (ii) judicial applicants; and
1857          (iii) members of boards, committees, and commissions appointed by the governor;
1858          (j) the office of the lieutenant governor for the purpose of conducting a background
1859     check on an individual applying to be a notary public under Section 46-1-3[.];
1860          (k) agencies and individuals as the commissioner authorizes for the express purpose of
1861     research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
1862     agency; and
1863          (l) other agencies and individuals as the commissioner authorizes and finds necessary
1864     for protection of life and property and for offender identification, apprehension, and
1865     prosecution pursuant to an agreement.
1866          (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
1867     limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
1868     individuals to whom the information relates, and ensure the confidentiality and security of the
1869     data.
1870          (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
1871     agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
1872     signed waiver from the person whose information is requested.
1873          (b) The waiver shall notify the signee:
1874          (i) that a criminal history background check will be conducted;
1875          (ii) who will see the information; and
1876          (iii) how the information will be used.
1877          (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1878     individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
1879     justice name based background check of local databases to the bureau shall provide to the
1880     bureau:
1881          (i) personal identifying information for the subject of the background check; and
1882          (ii) the fee required by Subsection (15).
1883          (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1884     individual described in Subsections (2)(d) through (g) that submits a request for a WIN
1885     database check and a nationwide background check shall provide to the bureau:

1886          (i) personal identifying information for the subject of the background check;
1887          (ii) a fingerprint card for the subject of the background check; and
1888          (iii) the fee required by Subsection (15).
1889          (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
1890     other agency or individual described in Subsections (2)(d) through (j) may only be:
1891          (i) available to individuals involved in the hiring or background investigation of the job
1892     applicant, employee, or notary applicant;
1893          (ii) used for the purpose of assisting in making an employment appointment, selection,
1894     or promotion decision or for considering a notary applicant under Section 46-1-3; and
1895          (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
1896     (4)(b).
1897          (f) An individual who disseminates or uses information obtained from the division
1898     under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
1899     (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
1900          (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
1901     individual described in Subsections (2)(d) through (j) that obtains background check
1902     information shall provide the subject of the background check an opportunity to:
1903          (i) review the information received as provided under Subsection (9); and
1904          (ii) respond to any information received.
1905          (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1906     division may make rules to implement this Subsection (4).
1907          (i) The division or its employees are not liable for defamation, invasion of privacy,
1908     negligence, or any other claim in connection with the contents of information disseminated
1909     under Subsections (2)(c) through (j).
1910          (5) (a) Any criminal history record information obtained from division files may be
1911     used only for the purposes for which it was provided and may not be further disseminated,
1912     except under Subsection (5)(b), (c), or (d).
1913          (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
1914     provided by the agency to the individual who is the subject of the history, another licensed
1915     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
1916     adoption.

1917          (c) A criminal history of a defendant provided to a criminal justice agency under
1918     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
1919     upon request during the discovery process, for the purpose of establishing a defense in a
1920     criminal case.
1921          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
1922     Transit District Act, that is under contract with a state agency to provide services may, for the
1923     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
1924     the state agency or the agency's designee.
1925          (6) The division may not disseminate criminal history record information to qualifying
1926     entities under Subsection (2)(c) regarding employment background checks if the information is
1927     related to charges:
1928          (a) that have been declined for prosecution;
1929          (b) that have been dismissed; or
1930          (c) regarding which a person has been acquitted.
1931          (7) (a) This section does not preclude the use of the division's central computing
1932     facilities for the storage and retrieval of criminal history record information.
1933          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
1934     unauthorized agencies or individuals.
1935          (8) Direct access through remote computer terminals to criminal history record
1936     information in the division's files is limited to those agencies authorized by the commissioner
1937     under procedures designed to prevent unauthorized access to this information.
1938          (9) (a) The commissioner shall establish procedures to allow an individual right of
1939     access to review and receive a copy of the individual's criminal history report.
1940          (b) A processing fee for the right of access service, including obtaining a copy of the
1941     individual's criminal history report under Subsection (9)(a) shall be set in accordance with
1942     Section 63J-1-504.
1943          (c) (i) The commissioner shall establish procedures for an individual to challenge the
1944     completeness and accuracy of criminal history record information contained in the division's
1945     computerized criminal history files regarding that individual.
1946          (ii) These procedures shall include provisions for amending any information found to
1947     be inaccurate or incomplete.

1948          (10) The private security agencies as provided in Subsection (2)(g):
1949          (a) shall be charged for access; and
1950          (b) shall be registered with the division according to rules made by the division under
1951     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1952          (11) Before providing information requested under this section, the division shall give
1953     priority to criminal justice agencies needs.
1954          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
1955     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
1956     division or any information contained in a record created, maintained, or to which access is
1957     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
1958     policy of a governmental entity.
1959          (b) A person who discovers or becomes aware of any unauthorized use of records
1960     created or maintained, or to which access is granted by the division shall inform the
1961     commissioner and the director of the Utah Bureau of Criminal Identification of the
1962     unauthorized use.
1963          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
1964     Subsection (2) may request that the division register fingerprints taken for the purpose of
1965     conducting current and future criminal background checks under this section with:
1966          (i) the WIN Database rap back system, or any successor system;
1967          (ii) the FBI Rap Back System; or
1968          (iii) a system maintained by the division.
1969          (b) A qualifying entity or an entity described in Subsection (2) may only make a
1970     request under Subsection (13)(a) if the entity:
1971          (i) has the authority through state or federal statute or federal executive order;
1972          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
1973     and
1974          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
1975     notifications for individuals with whom the entity maintains an authorizing relationship.
1976          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
1977     be retained in the FBI Rap Back System for the purpose of being searched by future
1978     submissions to the FBI Rap Back System, including latent fingerprint searches.

1979          (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
1980     the applicant fingerprint card, name check, and to register fingerprints under Subsection
1981     (13)(a).
1982          (b) Funds generated under this Subsection (15) shall be deposited into the General
1983     Fund as a dedicated credit by the department to cover the costs incurred in providing the
1984     information.
1985          (c) The division may collect fees charged by an outside agency for services required
1986     under this section.
1987          (16) For the purposes of conducting a criminal background check authorized under
1988     Subsection (2)(h),(i), or (j), the [Department] Division of Human Resource Management, in
1989     accordance with Title [67, Chapter 19] 63A, Chapter 17, Utah State Personnel Management
1990     Act, and the governor's office shall have direct access to criminal background information
1991     maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
1992          Section 28. Section 53B-17-105 is amended to read:
1993          53B-17-105. Utah Education and Telehealth Network.
1994          (1) There is created the Utah Education and Telehealth Network, or UETN.
1995          (2) UETN shall:
1996          (a) coordinate and support the telecommunications needs of public and higher
1997     education, public libraries, and entities affiliated with the state systems of public and higher
1998     education as approved by the Utah Education and Telehealth Network Board, including the
1999     statewide development and implementation of a network for education, which utilizes satellite,
2000     microwave, fiber-optic, broadcast, and other transmission media;
2001          (b) coordinate the various telecommunications technology initiatives of public and
2002     higher education;
2003          (c) provide high-quality, cost-effective Internet access and appropriate interface
2004     equipment for schools and school systems;
2005          (d) procure, install, and maintain telecommunication services and equipment on behalf
2006     of public and higher education;
2007          (e) develop or implement other programs or services for the delivery of distance
2008     learning and telehealth services as directed by law;
2009          (f) apply for state and federal funding on behalf of:

2010          (i) public and higher education; and
2011          (ii) telehealth services;
2012          (g) in consultation with health care providers from a variety of health care systems,
2013     explore and encourage the development of telehealth services as a means of reducing health
2014     care costs and increasing health care quality and access, with emphasis on assisting rural health
2015     care providers and special populations; and
2016          (h) in consultation with the Utah Department of Health, advise the governor and the
2017     Legislature on:
2018          (i) the role of telehealth in the state;
2019          (ii) the policy issues related to telehealth;
2020          (iii) the changing telehealth needs and resources in the state; and
2021          (iv) state budgetary matters related to telehealth.
2022          (3) In performing the duties under Subsection (2), UETN shall:
2023          (a) provide services to schools, school districts, and the public and higher education
2024     systems through an open and competitive bidding process;
2025          (b) work with the private sector to deliver high-quality, cost-effective services;
2026          (c) avoid duplicating facilities, equipment, or services of private providers or public
2027     telecommunications service, as defined under Section 54-8b-2;
2028          (d) utilize statewide economic development criteria in the design and implementation
2029     of the educational telecommunications infrastructure; and
2030          (e) assure that public service entities, such as educators, public service providers, and
2031     public broadcasters, are provided access to the telecommunications infrastructure developed in
2032     the state.
2033          (4) The University of Utah shall provide administrative support for UETN.
2034          (5) (a) The Utah Education and Telehealth Network Board, which is the governing
2035     board for UETN, is created.
2036          (b) The Utah Education and Telehealth Network Board shall have 13 members as
2037     follows:
2038          (i) five members representing the state system of higher education, of which at least one
2039     member represents technical colleges, appointed by the commissioner of higher education;
2040          (ii) four members representing the state system of public education appointed by the

2041     State Board of Education;
2042          (iii) one member representing the state library appointed by the state librarian;
2043          (iv) two members representing hospitals as follows:
2044          (A) the members may not be employed by the same hospital system;
2045          (B) one member shall represent a rural hospital;
2046          (C) one member shall represent an urban hospital; and
2047          (D) the chief administrator or the administrator's designee for each hospital licensed in
2048     this state shall select the two hospital representatives; and
2049          (v) one member representing the office of the governor, appointed by the governor.
2050          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2051     appointed for the unexpired term.
2052          (d) (i) The board shall elect a chair.
2053          (ii) The chair shall set the agenda for the board meetings.
2054          (6) A member of the board may not receive compensation or benefits for the member's
2055     service, but may receive per diem and travel expenses in accordance with:
2056          (a) Section 63A-3-106;
2057          (b) Section 63A-3-107; and
2058          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2059     63A-3-107.
2060          (7) The board:
2061          (a) shall hire an executive director for UETN who may hire staff for UETN as
2062     permitted by the budget;
2063          (b) may terminate the executive director's employment or assignment;
2064          (c) shall determine the executive director's salary;
2065          (d) shall annually conduct a performance evaluation of the executive director;
2066          (e) shall establish policies the board determines are necessary for the operation of
2067     UETN and the administration of UETN's duties; and
2068          (f) shall advise UETN in:
2069          (i) the development and operation of a coordinated, statewide, multi-option
2070     telecommunications system to assist in the delivery of educational services and telehealth
2071     services throughout the state; and

2072          (ii) acquiring, producing, and distributing instructional content.
2073          (8) The executive director of UETN shall be an at-will employee.
2074          (9) UETN shall locate and maintain educational and telehealth telecommunication
2075     infrastructure throughout the state.
2076          (10) Educational institutions shall manage site operations under policy established by
2077     UETN.
2078          (11) Subject to future budget constraints, the Legislature shall provide an annual
2079     appropriation to operate UETN.
2080          (12) If the network operated by the [Department] Division of Technology Services is
2081     not available, UETN may provide network connections to the central administration of counties
2082     and municipalities for the sole purpose of transferring data to a secure facility for backup and
2083     disaster recovery.
2084          Section 29. Section 53C-1-201 is amended to read:
2085          53C-1-201. Creation of administration -- Purpose -- Director -- Participation in
2086     Risk Management Fund -- Closed meetings.
2087          (1) (a) There is established within state government the School and Institutional Trust
2088     Lands Administration.
2089          (b) The administration shall manage all school and institutional trust lands and assets
2090     within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
2091     of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
2092     Management Act.
2093          (2) The administration is an independent state agency and not a division of any other
2094     department.
2095          (3) (a) The administration is subject to the usual legislative and executive department
2096     controls except as provided in this Subsection (3).
2097          (b) (i) The director may make rules as approved by the board that allow the
2098     administration to classify a business proposal submitted to the administration as protected
2099     under Section 63G-2-305, for as long as is necessary to evaluate the proposal.
2100          (ii) The administration shall return the proposal to the party who submitted the
2101     proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
2102     and Management Act, if the administration determines not to proceed with the proposal.

2103          (iii) The administration shall classify the proposal pursuant to law if the administration
2104     decides to proceed with the proposal.
2105          (iv) Section 63G-2-403 does not apply during the review period.
2106          (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
2107     Administrative Rulemaking Act, except that the administration is not subject to Subsections
2108     63G-3-301(5), (6), (7), and (13) and Section 63G-3-601, and the director, with the board's
2109     approval, may establish a procedure for the expedited approval of rules, based on written
2110     findings by the director showing:
2111          (i) the changes in business opportunities affecting the assets of the trust;
2112          (ii) the specific business opportunity arising out of those changes which may be lost
2113     without the rule or changes to the rule;
2114          (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
2115     causing the loss of the specific opportunity;
2116          (iv) approval by at least five board members; and
2117          (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
2118     reasons and justifications for the director's findings, with the Office of Administrative Rules
2119     and notified interested parties as provided in Subsection 63G-3-301(10).
2120          (d) (i) The administration shall comply with Title [67] 63A, Chapter [19] 17, Utah
2121     State Personnel Management Act, except as provided in this Subsection (3)(d).
2122          (ii) (A) The board may approve, upon recommendation of the director, that exemption
2123     for specific positions under Subsections [67-19-12(2) and 67-19-15(1)] 63A-17-301(1) and
2124     63A-17-307(2) is required in order to enable the administration to efficiently fulfill the
2125     administration's responsibilities under the law.
2126          (B) The director shall consult with the [executive] director of the [Department]
2127     Division of Human Resource Management before making a recommendation under Subsection
2128     (3)(d)(ii)(A).
2129          (iii) The positions of director, deputy director, associate director, assistant director,
2130     legal counsel appointed under Section 53C-1-305, administrative assistant, and public affairs
2131     officer are exempt under Subsections [67-19-12(2) and 67-19-15(1)] 63A-17-301(1) and
2132     63A-17-307(2).
2133          (iv) (A) The director shall set salaries for exempted positions, except for the director,

2134     after consultation with the [executive] director of the [Department] Division of Human
2135     Resource Management, within ranges approved by the board.
2136          (B) The board and director shall consider salaries for similar positions in private
2137     enterprise and other public employment when setting salary ranges.
2138          (v) The board may create an annual incentive and bonus plan for the director and other
2139     administration employees designated by the board, based upon the attainment of financial
2140     performance goals and other measurable criteria defined and budgeted in advance by the board.
2141          (e) The administration shall comply with:
2142          (i) subject to Subsection (8), Title 52, Chapter 4, Open and Public Meetings Act;
2143          (ii) Title 63G, Chapter 2, Government Records Access and Management Act; and
2144          (iii) Title 63G, Chapter 6a, Utah Procurement Code, except where the board approves,
2145     upon recommendation of the director, exemption from the Utah Procurement Code, and
2146     simultaneous adoption of rules under Title 63G, Chapter 3, Utah Administrative Rulemaking
2147     Act, for procurement, that enable the administration to efficiently fulfill the administration's
2148     responsibilities under the law.
2149          (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
2150     the fee agency requirements of Section 63J-1-504.
2151          (ii) The following fees of the administration are subject to Section 63J-1-504:
2152          (A) application;
2153          (B) assignment;
2154          (C) amendment;
2155          (D) affidavit for lost documents;
2156          (E) name change;
2157          (F) reinstatement;
2158          (G) grazing nonuse;
2159          (H) extension of time;
2160          (I) partial conveyance;
2161          (J) patent reissue;
2162          (K) collateral assignment;
2163          (L) electronic payment; and
2164          (M) processing.

2165          (g) (i) Notwithstanding Subsection 63J-1-206(2)(c), the administration may transfer
2166     money between the administration's line items.
2167          (ii) Before transferring appropriated money between line items, the administration shall
2168     submit a proposal to the board for the board's approval.
2169          (iii) If the board gives approval to a proposal to transfer appropriated money between
2170     line items, the administration shall submit the proposal to the Legislative Executive
2171     Appropriations Committee for the Legislative Executive Appropriations Committee's review
2172     and recommendations.
2173          (iv) The Legislative Executive Appropriations Committee may recommend:
2174          (A) that the administration transfer the appropriated money between line items;
2175          (B) that the administration not transfer the appropriated money between line items; or
2176          (C) to the governor that the governor call a special session of the Legislature to
2177     supplement the appropriated budget for the administration.
2178          (4) The administration is managed by a director of school and institutional trust lands
2179     appointed by a majority vote of the board of trustees with the consent of the governor.
2180          (5) (a) The board of trustees shall provide policies for the management of the
2181     administration and for the management of trust lands and assets.
2182          (b) (i) The board shall provide policies for the ownership and control of Native
2183     American remains that are discovered or excavated on school and institutional trust lands in
2184     consultation with the Division of Indian Affairs and giving due consideration to Title 9,
2185     Chapter 9, Part 4, Native American Grave Protection and Repatriation Act.
2186          (ii) The director may make rules in accordance with Title 63G, Chapter 3, Utah
2187     Administrative Rulemaking Act, to implement policies provided by the board regarding Native
2188     American remains.
2189          (6) In connection with joint ventures and other transactions involving trust lands and
2190     minerals approved under Sections 53C-1-303 and 53C-2-401, the administration, with board
2191     approval, may become a member of a limited liability company under Title 48, Chapter 3a,
2192     Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
2193     48-3a-1405 and is considered a person under Section 48-3a-102.
2194          (7) Subject to Subsection 63E-1-304(2), the administration may participate in coverage
2195     under the Risk Management Fund created by Section 63A-4-201.

2196          (8) (a) Notwithstanding Subsection (3), Subsection 52-4-204(2) or 52-4-205(1), and in
2197     addition to the reasons to close a meeting under Section 52-4-205, the board may hold a closed
2198     meeting if two-thirds of the members present when a quorum is present vote to close the
2199     meeting for the purpose of:
2200          (i) conducting a strategy session to discuss market conditions relevant to the sale of
2201     particular trust assets if the terms of the sale of any trust assets are publicly disclosed before the
2202     board approves the sale and a public discussion would:
2203          (A) disclose the appraisal or estimated value of the trust assets under consideration; or
2204          (B) prevent the board from completing a contemplated transaction concerning the trust
2205     assets on the best possible terms; or
2206          (ii) conducting a strategy session to evaluate the terms of a joint venture or other
2207     business arrangement authorized under Subsection 53C-1-303(3)(e) if the terms of the joint
2208     venture or other business arrangement are publicly disclosed before the board approves the
2209     transaction and a public discussion of the transaction would:
2210          (A) disclose the appraisal or estimated value of the trust assets under consideration; or
2211          (B) prevent the board from completing the transaction concerning the joint venture or
2212     other business arrangement on the best possible terms.
2213          (b) The board shall comply with the procedural requirements for closing a meeting
2214     under Title 52, Chapter 4, Open and Public Meetings Act.
2215          Section 30. Section 53D-1-103 is amended to read:
2216          53D-1-103. Application of other law.
2217          (1) The office, board, and nominating committee are subject to:
2218          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2219          (b) Title 63A, Chapter 1, Part 2, Utah Public Finance Website.
2220          (2) Subject to Subsection 63E-1-304(2), the office may participate in coverage under
2221     the Risk Management Fund, created in Section 63A-4-201.
2222          (3) The office and board are subject to:
2223          (a) Title 63G, Chapter 2, Government Records Access and Management Act, except
2224     for records relating to investment activities; and
2225          (b) Title 63G, Chapter 6a, Utah Procurement Code.
2226          (4) (a) In making rules under this chapter, the director is subject to and shall comply

2227     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
2228     Subsection (4)(b).
2229          (b) Subsections 63G-3-301(6) and (7) and Section 63G-3-601 do not apply to the
2230     director's making of rules under this chapter.
2231          (5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
2232     member to the same extent as it applies to an employee, as defined in Section 63G-7-102.
2233          (6) (a) A board member, the director, and an office employee or agent are subject to:
2234          (i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
2235          (ii) other requirements that the board establishes.
2236          (b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
2237     board member, the director, and an office employee or agent may not directly or indirectly
2238     acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
2239     with trust fund money.
2240          (7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title [67]
2241     63A, Chapter [19] 17, Utah State Personnel Management Act.
2242          (b) (i) Upon a recommendation from the director after the director's consultation with
2243     the [executive] director of the [Department] Division of Human Resource Management, the
2244     board may provide that specified positions in the office are exempt from Section [67-19-12]
2245     63A-17-307 and the career service provisions of Title [67] 63A, Chapter [19] 17, Utah State
2246     Personnel Management Act, as provided in Subsection [67-19-15] 63A-17-301(1), if the board
2247     determines that exemption is required for the office to fulfill efficiently its responsibilities
2248     under this chapter.
2249          (ii) The director position is exempt from Section [67-19-12] 63A-17-307 and the career
2250     service provisions of Title [67] 63A, Chapter [19] 17, Utah State Personnel Management Act,
2251     as provided in Subsection [67-19-15] 63A-17-301(1).
2252          (iii) (A) After consultation with the [executive] director of the [Department] Division
2253     of Human Resource Management, the director shall set salaries for positions that are exempted
2254     under Subsection (7)(b)(i), within ranges that the board approves.
2255          (B) In approving salary ranges for positions that are exempted under Subsection
2256     (7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
2257     public employment.

2258          (8) The office is subject to legislative appropriation, to executive branch budgetary
2259     review and recommendation, and to legislative and executive branch review.
2260          Section 31. Section 53E-8-301 is amended to read:
2261          53E-8-301. Educators exempt from Division of Human Resource Management
2262     rules -- Collective bargaining agreement.
2263          (1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt
2264     from mandatory compliance with rules of the [Department] Division of Human Resource
2265     Management.
2266          (2) The state board may enter into a collective bargaining agreement to establish
2267     compensation and other personnel policies with educators employed by the Utah Schools for
2268     the Deaf and the Blind to replace rules of the [Department] Division of Human Resource
2269     Management.
2270          (3) A collective bargaining agreement made under Subsection (2) is subject to the same
2271     requirements that are imposed on local school boards by Section 53G-11-202.
2272          Section 32. Section 54-1-6 is amended to read:
2273          54-1-6. Employment of staff -- Status and compensation -- Employees not to be
2274     parties or witnesses and may not appeal commission decisions.
2275          (1) The annual budget of the Public Service Commission shall provide sufficient funds
2276     for the commission to hire, develop, and organize an advisory staff to assist the commission in
2277     performing the powers, duties, and functions committed to it by statute.
2278          (a) The commission may hire:
2279          (i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
2280     professional and technical experts;
2281          (ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
2282     administrative and support staff;
2283          (iii) additional experts as required for a particular matter; and
2284          (iv) administrative law judges, who shall be members of the Utah State Bar, and
2285     constitute a separate organizational unit reporting directly to the commission.
2286          (b) The commission may provide for funds in the annual budget to acquire suitable
2287     electronic recording equipment to maintain a verbatim record of proceedings before the
2288     commission, any commissioner, or any administrative law judge.

2289          (2) (a) With the exception of clerical workers in nonconfidential positions, all staff of
2290     the Public Service Commission are exempt employees under the State Personnel Management
2291     Act and serve at the pleasure of the commission.
2292          (b) Administrative law judges are exempt employees under the State Personnel
2293     Management Act and may only be removed from office upon due notice and by a unanimous
2294     vote of the commission.
2295          (c) (i) The [Department] Division of Human Resource Management shall determine
2296     pay schedules using standard techniques for determining compensation.
2297          (ii) The [Department] Division of Human Resource Management may make [its] the
2298     division's compensation determinations based upon compensation practices common to utility
2299     companies throughout the United States.
2300          (3) (a) The staff or other employees of the commission may not appear as parties or
2301     witnesses in any proceeding before the commission, any commissioner, or any administrative
2302     law judge.
2303          (b) The staff or other employees of the commission may not appeal any finding, order,
2304     or decision of the commission.
2305          Section 33. Section 54-4a-3 is amended to read:
2306          54-4a-3. Budget of division -- Employment of personnel.
2307          (1) The annual budget of the Division of Public Utilities shall provide sufficient funds
2308     for the division to hire, develop, and organize a technical and professional staff to perform the
2309     duties, powers, and responsibilities committed to it by statute.
2310          (2) The division director may:
2311          (a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law
2312     clerks, and other technical and professional experts as may be required;
2313          (b) retain additional experts as required for a particular matter, but only to the extent
2314     that it is necessary to supplement division staff in order to fulfill its duties; and
2315          (c) employ necessary administrative and support staff.
2316          (3) (a) The [Department] Division of Human Resource Management shall determine
2317     pay schedules using standard techniques for determining compensation.
2318          (b) The [Department] Division of Human Resource Management may make [its] the
2319     division's compensation determinations based upon compensation common to utility

2320     companies throughout the United States.
2321          Section 34. Section 61-1-18 is amended to read:
2322          61-1-18. Division of Securities established -- Director -- Investigators.
2323          (1) (a) There is established within the Department of Commerce a Division of
2324     Securities.
2325          (b) The division is under the direction and control of a director. The executive director
2326     shall appoint the director with the governor's approval.
2327          (c) Subject to Section 61-1-18.5, the division shall administer and enforce this chapter.
2328          (d) The director shall hold office at the pleasure of the governor.
2329          (2) The director, with the approval of the executive director, may employ the staff
2330     necessary to discharge the duties of the division or commission at salaries to be fixed by the
2331     director according to standards established by the [Department] Division of Human Resource
2332     Management.
2333          (3) An investigator employed pursuant to Subsection (2) who meets the training
2334     requirements of Subsection 53-13-105(3) may be designated a special function officer, as
2335     defined in Section 53-13-105, by the director, but is not eligible for retirement benefits under
2336     the Public Safety Employee's Retirement System.
2337          Section 35. Section 61-2-201 is amended to read:
2338          61-2-201. Division of Real Estate created -- Director appointed -- Personnel.
2339          (1) There is created within the department a Division of Real Estate. The division is
2340     responsible for the administration and enforcement of:
2341          (a) this chapter;
2342          (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;
2343          (c) Title 57, Chapter 19, Timeshare and Camp Resort Act;
2344          (d) Title 57, Chapter 23, Real Estate Cooperative Marketing Act;
2345          (e) Title 57, Chapter 29, Undivided Fractionalized Long-term Estate Sales Practices
2346     Act;
2347          (f) Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;
2348          (g) Chapter 2e, Appraisal Management Company Registration and Regulation Act;
2349          (h) Chapter 2f, Real Estate Licensing and Practices Act; and
2350          (i) Chapter 2g, Real Estate Appraiser Licensing and Certification Act.

2351          (2) The division is under the direction and control of a director appointed by the
2352     executive director of the department with the approval of the governor. The director holds the
2353     office of director at the pleasure of the governor.
2354          (3) The director, with the approval of the executive director, may employ personnel
2355     necessary to discharge the duties of the division at salaries to be fixed by the director according
2356     to standards established by the [Department of Administrative Services] Division of Human
2357     Resource Management.
2358          Section 36. Section 62A-1-121 is amended to read:
2359          62A-1-121. Tracking effects of abuse of alcoholic products.
2360          (1) There is created a committee within the department known as the "Alcohol Abuse
2361     Tracking Committee" that consists of:
2362          (a) the executive director or the executive director's designee;
2363          (b) the executive director of the Department of Health or that executive director's
2364     designee;
2365          (c) the commissioner of the Department of Public Safety or the commissioner's
2366     designee;
2367          (d) the director of the Department of Alcoholic Beverage Control or that director's
2368     designee;
2369          (e) the executive director of the Department of Workforce Services or that executive
2370     director's designee;
2371          (f) the chair of the Utah Substance Use and Mental Health Advisory Council or the
2372     chair's designee;
2373          (g) the state court administrator or the state court administrator's designee; and
2374          (h) the [executive] director of the [Department] Division of Technology Services or
2375     that [executive] director's designee.
2376          (2) The executive director or the executive director's designee shall chair the
2377     committee.
2378          (3) (a) Four members of the committee constitute a quorum.
2379          (b) A vote of the majority of the committee members present when a quorum is present
2380     is an action of the committee.
2381          (4) The committee shall meet at the call of the chair, except that the chair shall call a

2382     meeting at least twice a year:
2383          (a) with one meeting held each year to develop the report required under Subsection
2384     (7); and
2385          (b) with one meeting held to review and finalize the report before the report is issued.
2386          (5) The committee may adopt additional procedures or requirements for:
2387          (a) voting, when there is a tie of the committee members;
2388          (b) how meetings are to be called; and
2389          (c) the frequency of meetings.
2390          (6) The committee shall establish a process to collect for each calendar year the
2391     following information:
2392          (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
2393     contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
2394     violation related to underage drinking of alcohol;
2395          (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
2396     contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
2397     violation related to driving under the influence of alcohol;
2398          (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
2399     related to over-serving or over-consumption of an alcoholic product;
2400          (d) the cost of social services provided by the state related to abuse of alcohol,
2401     including services provided by the Division of Child and Family Services;
2402          (e) the location where the alcoholic products that result in the violations or costs
2403     described in Subsections (6)(a) through (d) are obtained; and
2404          (f) any information the committee determines can be collected and relates to the abuse
2405     of alcoholic products.
2406          (7) The committee shall report the information collected under Subsection (6) annually
2407     to the governor and the Legislature by no later than the July 1 immediately following the
2408     calendar year for which the information is collected.
2409          Section 37. Section 62A-1-122 is amended to read:
2410          62A-1-122. Child pornography.
2411          (1) As used in this section:
2412          (a) "Child pornography" means the same as that term is defined in Section 76-5b-103.

2413          (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
2414     transfer of an image.
2415          (2) The department or a division within the department may not retain child
2416     pornography longer than is necessary to comply with the requirements of this section.
2417          (3) When the department or a division within the department obtains child
2418     pornography as a result of an employee unlawfully viewing child pornography, the department
2419     or division shall consult with and follow the guidance of the [Department] Division of Human
2420     Resource Management regarding personnel action and local law enforcement regarding
2421     retention of the child pornography.
2422          (4) When the department or a division within the department obtains child
2423     pornography as a result of a report or an investigation, the department or division shall
2424     immediately secure the child pornography, or the electronic device if the child pornography is
2425     digital, and contact the law enforcement office that has jurisdiction over the area where the
2426     division's case is located.
2427          Section 38. Section 62A-15-613 is amended to read:
2428          62A-15-613. Appointment of superintendent -- Qualifications -- Powers and
2429     responsibilities.
2430          (1) The director, with the consent of the executive director, shall appoint a
2431     superintendent of the state hospital, who shall hold office at the will of the director.
2432          (2) The superintendent shall have a bachelor's degree from an accredited university or
2433     college, be experienced in administration, and be knowledgeable in matters concerning mental
2434     health.
2435          (3) The superintendent has general responsibility for the buildings, grounds, and
2436     property of the state hospital. The superintendent shall appoint, with the approval of the
2437     director, as many employees as necessary for the efficient and economical care and
2438     management of the state hospital, and shall fix the employees' compensation and administer
2439     personnel functions according to the standards of the [Department] Division of Human
2440     Resource Management.
2441          Section 39. Section 63A-1-101 is amended to read:
2442     
TITLE 63A. UTAH GOVERNMENT OPERATIONS CODE

2443     
CHAPTER 1. DEPARTMENT OF GOVERNMENT OPERATIONS


2444          63A-1-101. Title.
2445          (1) This title is known as the "Utah [Administrative Services] Government Operations
2446     Code."
2447          (2) This chapter is known as "Department of Government Operations."
2448          Section 40. Section 63A-1-102 is amended to read:
2449          63A-1-102. Purposes.
2450          The department shall:
2451          (1) provide specialized agency support services commonly needed;
2452          (2) provide effective, coordinated management of state [administrative] government
2453     operations services;
2454          (3) serve the public interest by providing services in a cost-effective and efficient
2455     manner, eliminating unnecessary duplication;
2456          (4) enable administrators to respond effectively to technological improvements;
2457          (5) emphasize the service role of state administrative service agencies in meeting the
2458     service needs of user agencies;
2459          (6) use flexibility in meeting the service needs of state agencies; and
2460          (7) protect the public interest by [insuring] ensuring the integrity of the fiscal
2461     accounting procedures and policies that govern the operation of agencies and institutions to
2462     assure that funds are expended properly and lawfully.
2463          Section 41. Section 63A-1-103 is amended to read:
2464          63A-1-103. Definitions.
2465          As used in this title:
2466          (1) "Agency" means a board, commission, institution, department, division, officer,
2467     council, office, committee, bureau, or other administrative unit of the state, including the
2468     agency head, agency employees, or other persons acting on behalf of or under the authority of
2469     the agency head, the Legislature, the courts, or the governor, but does not mean a political
2470     subdivision of the state, or any administrative unit of a political subdivision of the state.
2471          (2) "Department" means the Department of [Administrative Services] Government
2472     Operations.
2473          (3) "Executive director" means the executive director of the Department of
2474     [Administrative Services] Government Operations.

2475          Section 42. Section 63A-1-104 is amended to read:
2476          63A-1-104. Creation of department.
2477          There is created within state government the Department of [Administrative Services]
2478     Government Operations, to be administered by an executive director.
2479          Section 43. Section 63A-1-109 is amended to read:
2480          63A-1-109. Divisions of department -- Administration.
2481          (1) The department [shall be] is composed of:
2482          (a) the following divisions:
2483          [(i) archives and records;]
2484          [(ii) facilities construction and management;]
2485          [(iii) finance;]
2486          [(iv) fleet operations;]
2487          [(v) state purchasing and general services; and]
2488          [(vi) risk management; and]
2489          [(b) the Office of Administrative Rules.]
2490          (i) the Division of Purchasing and General Services, created in Section 63A-2-101;
2491          (ii) the Division of Finance, created in Section 63A-3-101;
2492          (iii) the Division of Facilities Construction and Management, created in Section
2493     63A-5b-301;
2494          (iv) the Division of Fleet Operations, created in Section 63A-9-201;
2495          (v) the Division of Archives and Records Service, created in Section 63A-12-101;
2496          (vi) the Division of Technology Services, created in Section 63A-16-103;
2497          (vii) the Division of Human Resource Management, created in Section 63A-17-105;
2498     and
2499          (viii) the Division of Risk Management, created in Section 63A-4-101; and
2500          (b) the Utah Office of Administrative Rules, created in Section 63G-3-401.
2501          (2) Each division described in Subsection (1)(a) shall be administered and managed by
2502     a division director.
2503          Section 44. Section 63A-1-114 is amended to read:
2504          63A-1-114. Rate committee -- Membership -- Duties.
2505          (1) (a) There is created a rate committee consisting of the executive directors,

2506     commissioners, or superintendents of seven state agencies, which may include the State Board
2507     of Education, that use services and pay rates to one of the department internal service funds, or
2508     their designee, that the governor appoints for a two-year term.
2509          [(b) (i) Of the seven state agencies represented on the rate committee under Subsection
2510     (1)(a), only one of the following may be represented on the committee, if at all, at any one
2511     time:]
2512          [(A) the Governor's Office of Management and Budget; or]
2513          [(B) the Department of Technology Services.]
2514          [(ii)] (b) The department may not have a representative on the rate committee.
2515          (c) (i) The committee shall elect a chair from [its] the committee's members.
2516          (ii) Members of the committee who are state government employees and who do not
2517     receive salary, per diem, or expenses from their agency for their service on the committee shall
2518     receive no compensation, benefits, per diem, or expenses for the members' service on the
2519     committee.
2520          (d) The [Department of Administrative Services] department shall provide staff
2521     services to the committee.
2522          (2) (a) A division described in Section 63A-1-109 that manages an internal service
2523     fund shall submit to the committee a proposed rate and fee schedule for services rendered by
2524     the division to an executive branch entity or an entity that subscribes to services rendered by
2525     the division.
2526          (b) The committee shall:
2527          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
2528     Act;
2529          (ii) meet at least once each calendar year to:
2530          (A) discuss the service performance of each internal service fund;
2531          (B) review the proposed rate and fee schedules;
2532          (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
2533      schedules described in Subsection (2)(b)(ii)(B); and
2534          (D) discuss any prior or potential adjustments to the service level received by state
2535     agencies that pay rates to an internal service fund;
2536          (iii) recommend a proposed rate and fee schedule for each internal service fund to:

2537          (A) the Governor's Office of Management and Budget; and
2538          (B) each legislative appropriations subcommittee that, in accordance with Section
2539     63J-1-410, approves the internal service fund agency's rates, fees, and budget; and
2540          (iv) review and approve, increase or decrease an interim rate, fee, or amount when an
2541     internal service fund agency begins a new service or introduces a new product between annual
2542     general sessions of the Legislature.
2543          (c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate,
2544     fee, or amount that has been approved by the Legislature.
2545          Section 45. Section 63A-1-201 is amended to read:
2546          63A-1-201. Definitions.
2547          As used in this part:
2548          (1) "Board" means the Utah Transparency Advisory Board created under Section
2549     63A-1-203.
2550          [(2) "Department" means the Department of Administrative Services.]
2551          [(3)] (2) (a) "Independent entity," except as provided in Subsection [(3)] (2)(c), means
2552     the same as that term is defined in Section 63E-1-102.
2553          (b) "Independent entity" includes an entity that is part of an independent entity
2554     described in this Subsection [(3)] (2), if the entity is considered a component unit of the
2555     independent entity under the governmental accounting standards issued by the Governmental
2556     Accounting Standards Board.
2557          (c) "Independent entity" does not include the Utah State Retirement Office created in
2558     Section 49-11-201.
2559          [(4)] (3) "Participating local entity" means each of the following local entities:
2560          (a) a county;
2561          (b) a municipality;
2562          (c) a local district under Title 17B, Limited Purpose Local Government Entities - Local
2563     Districts;
2564          (d) a special service district under Title 17D, Chapter 1, Special Service District Act;
2565          (e) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
2566          (f) a school district;
2567          (g) a charter school;

2568          (h) except for a taxed interlocal entity as defined in Section 11-13-602:
2569          (i) an interlocal entity as defined in Section 11-13-103;
2570          (ii) a joint or cooperative undertaking as defined in Section 11-13-103; and
2571          (iii) any project, program, or undertaking entered into by interlocal agreement in
2572     accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
2573          (i) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that is
2574     part of an entity described in Subsections [(4)] (3)(a) through (h), if the entity is considered a
2575     component unit of the entity described in Subsections [(4)] (3)(a) through (h) under the
2576     governmental accounting standards issued by the Governmental Accounting Standards Board;
2577     and
2578          (j) a conservation district under Title 17D, Chapter 3, Conservation District Act.
2579          [(5)] (4) (a) "Participating state entity" means the state of Utah, including its executive,
2580     legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
2581     councils, committees, and institutions.
2582          (b) "Participating state entity" includes an entity that is part of an entity described in
2583     Subsection [(5)] (4)(a), if the entity is considered a component unit of the entity described in
2584     Subsection [(5)] (4)(a) under the governmental accounting standards issued by the
2585     Governmental Accounting Standards Board.
2586          [(6)] (5) "Public financial information" means records that are required to be made
2587     available on the Utah Public Finance Website, a participating local entity's website, or an
2588     independent entity's website as required by this part, and as the term "public financial
2589     information" is defined by rule under Section 63A-1-204.
2590          Section 46. Section 63A-1-203 is amended to read:
2591          63A-1-203. Utah Transparency Advisory Board -- Creation -- Membership --
2592     Duties.
2593          (1) There is created within the department the Utah Transparency Advisory Board
2594     comprised of members knowledgeable about public finance or providing public access to
2595     public information.
2596          (2) The board consists of:
2597          (a) the state auditor or the state auditor's designee;
2598          (b) an individual appointed by the executive director of the department;

2599          (c) an individual appointed by the executive director of the Governor's Office of
2600     Management and Budget;
2601          (d) an individual appointed by the governor on advice from the Legislative Fiscal
2602     Analyst;
2603          (e) one member of the Senate, appointed by the governor on advice from the president
2604     of the Senate;
2605          (f) one member of the House of Representatives, appointed by the governor on advice
2606     from the speaker of the House of Representatives;
2607          (g) an individual appointed by the director of the [Department] Division of Technology
2608     Services;
2609          (h) the director of the Division of Archives and Records Service created in Section
2610     63A-12-101 or the director's designee;
2611          (i) an individual who is a member of the State Records Committee created in Section
2612     63G-2-501, appointed by the governor;
2613          (j) an individual representing counties, appointed by the governor;
2614          (k) an individual representing municipalities, appointed by the governor;
2615          (l) an individual representing special districts, appointed by the governor;
2616          (m) an individual representing the State Board of Education, appointed by the State
2617     Board of Education; and
2618          (n) one individual who is a member of the public and who has knowledge, expertise, or
2619     experience in matters relating to the board's duties under Subsection (10), appointed by the
2620     board members identified in Subsections (2)(a) through (m).
2621          (3) The board shall:
2622          (a) advise the state auditor and the department on matters related to the implementation
2623     and administration of this part;
2624          (b) develop plans, make recommendations, and assist in implementing the provisions
2625     of this part;
2626          (c) determine what public financial information shall be provided by a participating
2627     state entity, independent entity, and participating local entity, if the public financial
2628     information:
2629          (i) only includes records that:

2630          (A) are classified as public under Title 63G, Chapter 2, Government Records Access
2631     and Management Act, or, subject to any specific limitations and requirements regarding the
2632     provision of financial information from the entity described in Section 63A-1-202, if an entity
2633     is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
2634     records that would normally be classified as public if the entity were not exempt from Title
2635     63G, Chapter 2, Government Records Access and Management Act;
2636          (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
2637     revenues, regardless of the source; and
2638          (C) are owned, held, or administered by the participating state entity, independent
2639     entity, or participating local entity that is required to provide the record; and
2640          (ii) is of the type or nature that should be accessible to the public via a website based
2641     on considerations of:
2642          (A) the cost effectiveness of providing the information;
2643          (B) the value of providing the information to the public; and
2644          (C) privacy and security considerations;
2645          (d) evaluate the cost effectiveness of implementing specific information resources and
2646     features on the website;
2647          (e) require participating local entities to provide public financial information in
2648     accordance with the requirements of this part, with a specified content, reporting frequency,
2649     and form;
2650          (f) require an independent entity's website or a participating local entity's website to be
2651     accessible by link or other direct route from the Utah Public Finance Website if the
2652     independent entity or participating local entity does not use the Utah Public Finance Website;
2653          (g) determine the search methods and the search criteria that shall be made available to
2654     the public as part of a website used by an independent entity or a participating local entity
2655     under the requirements of this part, which criteria may include:
2656          (i) fiscal year;
2657          (ii) expenditure type;
2658          (iii) name of the agency;
2659          (iv) payee;
2660          (v) date; and

2661          (vi) amount; and
2662          (h) analyze ways to improve the information on the Utah Public Finance Website so
2663     the information is more relevant to citizens, including through the use of:
2664          (i) infographics that provide more context to the data; and
2665          (ii) geolocation services, if possible.
2666          (4) Every two years, the board shall elect a chair and a vice chair from its members.
2667          (5) (a) Each member shall serve a four-year term.
2668          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
2669     appointed for a four-year term.
2670          (6) To accomplish its duties, the board shall meet as it determines necessary.
2671          (7) Reasonable notice shall be given to each member of the board before any meeting.
2672          (8) A majority of the board constitutes a quorum for the transaction of business.
2673          (9) (a) A member who is not a legislator may not receive compensation or benefits for
2674     the member's service, but may receive per diem and travel expenses as allowed in:
2675          (i) Section 63A-3-106;
2676          (ii) Section 63A-3-107; and
2677          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
2678     63A-3-107.
2679          (b) Compensation and expenses of a member who is a legislator are governed by
2680     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
2681          (10) (a) As used in Subsections (10) and (11):
2682          (i) "Information website" means a single Internet website containing public information
2683     or links to public information.
2684          (ii) "Public information" means records of state government, local government, or an
2685     independent entity that are classified as public under Title 63G, Chapter 2, Government
2686     Records Access and Management Act, or, subject to any specific limitations and requirements
2687     regarding the provision of financial information from the entity described in Section
2688     63A-1-202, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
2689     Management Act, records that would normally be classified as public if the entity were not
2690     exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
2691          (b) The board shall:

2692          (i) study the establishment of an information website and develop recommendations for
2693     its establishment;
2694          (ii) develop recommendations about how to make public information more readily
2695     available to the public through the information website;
2696          (iii) develop standards to make uniform the format and accessibility of public
2697     information posted to the information website; and
2698          (iv) identify and prioritize public information in the possession of a state agency or
2699     political subdivision that may be appropriate for publication on the information website.
2700          (c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
2701     principles that encourage:
2702          (i) (A) the establishment of a standardized format of public information that makes the
2703     information more easily accessible by the public;
2704          (B) the removal of restrictions on the reuse of public information;
2705          (C) minimizing limitations on the disclosure of public information while appropriately
2706     safeguarding sensitive information; and
2707          (D) balancing factors in favor of excluding public information from an information
2708     website against the public interest in having the information accessible on an information
2709     website;
2710          (ii) (A) permanent, lasting, open access to public information; and
2711          (B) the publication of bulk public information;
2712          (iii) the implementation of well-designed public information systems that ensure data
2713     quality, create a public, comprehensive list or index of public information, and define a process
2714     for continuous publication of and updates to public information;
2715          (iv) the identification of public information not currently made available online and the
2716     implementation of a process, including a timeline and benchmarks, for making that public
2717     information available online; and
2718          (v) accountability on the part of those who create, maintain, manage, or store public
2719     information or post it to an information website.
2720          (d) The department shall implement the board's recommendations, including the
2721     establishment of an information website, to the extent that implementation:
2722          (i) is approved by the Legislative Management Committee;

2723          (ii) does not require further legislative appropriation; and
2724          (iii) is within the department's existing statutory authority.
2725          (11) The department shall, in consultation with the board and as funding allows,
2726     modify the information website described in Subsection (10) to:
2727          (a) by January 1, 2015, serve as a point of access for Government Records Access and
2728     Management requests for executive agencies;
2729          (b) by January 1, 2016, serve as a point of access for Government Records Access and
2730     Management requests for:
2731          (i) school districts;
2732          (ii) charter schools;
2733          (iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
2734     District Act;
2735          (iv) counties; and
2736          (v) municipalities;
2737          (c) by January 1, 2017, serve as a point of access for Government Records Access and
2738     Management requests for:
2739          (i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
2740     Districts; and
2741          (ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
2742          (d) except as provided in Subsection (12)(a), provide link capabilities to other existing
2743     repositories of public information, including maps, photograph collections, legislatively
2744     required reports, election data, statute, rules, regulations, and local ordinances that exist on
2745     other agency and political subdivision websites;
2746          (e) provide multiple download options in different formats, including nonproprietary,
2747     open formats where possible;
2748          (f) provide any other public information that the board, under Subsection (10),
2749     identifies as appropriate for publication on the information website; and
2750          (g) incorporate technical elements the board identifies as useful to a citizen using the
2751     information website.
2752          (12) (a) The department, in consultation with the board, shall establish by rule any
2753     restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on

2754     the website described in Subsection (10) if the inclusion would pose a potential security
2755     concern.
2756          (b) The website described in Subsection (10) may not publish any record that is
2757     classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
2758     Access and Management Act.
2759          Section 47. Section 63A-2-101 is amended to read:
2760          63A-2-101. Creation.
2761          There is created the Division of Purchasing and General Services within the
2762     [Department of Administrative Services] department.
2763          Section 48. Section 63A-4-101 is amended to read:
2764          63A-4-101. Risk manager -- Appointment -- Duties.
2765          (1) (a) There is created within the department the Division of Risk Management.
2766          (b) The executive director shall, with the approval of the governor, appoint a risk
2767     manager as the division director, who shall be qualified by education and experience in the
2768     management of general property and casualty insurance.
2769          (2) The risk manager shall:
2770          (a) acquire and administer the following purchased by the state:
2771          (i) all property, casualty insurance; and
2772          (ii) subject to Section 34A-2-203, workers' compensation insurance;
2773          (b) recommend that the executive director make rules:
2774          (i) prescribing reasonable and objective underwriting and risk control standards for
2775     state agencies;
2776          (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
2777     which these risks will be covered;
2778          (iii) prescribing the properties, risks, deductibles, and amount limits eligible for
2779     payment out of the fund;
2780          (iv) prescribing procedures for making claims and proof of loss; and
2781          (v) establishing procedures for the resolution of disputes relating to coverage or claims,
2782     which may include binding arbitration;
2783          (c) implement a risk management and loss prevention program for state agencies for
2784     the purpose of reducing risks, accidents, and losses to assist state officers and employees in

2785     fulfilling their responsibilities for risk control and safety;
2786          (d) coordinate and cooperate with any state agency having responsibility to manage and
2787     protect state properties, including:
2788          (i) the state fire marshal;
2789          (ii) the director of the Division of Facilities Construction and Management;
2790          (iii) the Department of Public Safety; and
2791          (iv) institutions of higher education;
2792          (e) maintain records necessary to fulfill the requirements of this section;
2793          (f) manage the fund in accordance with economically and actuarially sound principles
2794     to produce adequate reserves for the payment of contingencies, including unpaid and
2795     unreported claims, and may purchase any insurance or reinsurance considered necessary to
2796     accomplish this objective; and
2797          (g) inform the agency's governing body and the governor when any agency fails or
2798     refuses to comply with reasonable risk control recommendations made by the risk manager.
2799          (3) Before the effective date of any rule, the risk manager shall provide a copy of the
2800     rule to each agency affected by it.
2801          Section 49. Section 63A-5b-202 is amended to read:
2802          63A-5b-202. State Building Board powers and duties.
2803          (1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
2804     Rulemaking Act, make rules that are necessary to discharge the board's duties.
2805          (2) The board shall:
2806          (a) review and approve agency master plans of structures built or contemplated;
2807          (b) submit capital development recommendations and priorities to the Legislature as
2808     [set forth] described in Section 63A-5b-402;
2809          (c) submit recommendations for dedicated projects and prioritize nondedicated projects
2810     as provided in Section 63A-5b-403;
2811          (d) make a finding that the requirements of Section 53B-2a-112 are met before the
2812     board may consider a funding request from the UTech board pertaining to new capital facilities
2813     and land purchases; and
2814          (e) fulfill the board's responsibilities under:
2815          (i) Section 63A-5b-802, relating to the approval of leases with terms of more than 10

2816     years;
2817          (ii) Section 63A-5b-907, relating to vacant division-owned property; and
2818          (iii) Section 63A-5b-1003, relating to the approval of loans from the state facility
2819     energy efficiency fund.
2820          (3) The board may:
2821          (a) authorize capital development projects without Legislative approval only as
2822     authorized in Section 63A-5b-404; and
2823          (b) make rules relating to the categorical delegation of projects as provided in
2824     Subsection 63A-5b-604(4).
2825          Section 50. Section 63A-9-101 is amended to read:
2826          63A-9-101. Definitions.
2827          As used in this part:
2828          (1) (a) "Agency" means each department, commission, board, council, agency,
2829     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
2830     unit, bureau, panel, or other administrative unit of the state.
2831          (b) "Agency" includes the State Board of Education and each higher education
2832     institution described in Section 53B-1-102.
2833          (c) "Agency" includes the legislative and judicial branches.
2834          (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
2835          (3) "Director" means the director of the division.
2836          (4) "Division" means the Division of Fleet Operations created by this chapter.
2837          (5) "Executive director" means the executive director of the Department of
2838     [Administrative Services] Government Operations.
2839          (6) "Local agency" means:
2840          (a) a county;
2841          (b) a municipality;
2842          (c) a school district;
2843          (d) a local district;
2844          (e) a special service district;
2845          (f) an interlocal entity as defined under Section 11-13-103; or
2846          (g) any other political subdivision of the state, including a local commission, board, or

2847     other governmental entity that is vested with the authority to make decisions regarding the
2848     public's business.
2849          (7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
2850          (b) "Motor vehicle" includes vehicles used for construction and other nontransportation
2851     purposes.
2852          (8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
2853     an agency.
2854          Section 51. Section 63A-9-201 is amended to read:
2855          63A-9-201. Creation.
2856          (1) There is created the Division of Fleet Operations within the [Department of
2857     Administrative Services] department.
2858          (2) The division of fleet operations is an internal service fund agency and its financial
2859     affairs shall be accounted for as an internal service fund.
2860          Section 52. Section 63A-9-301 is amended to read:
2861          63A-9-301. Motor Vehicle Review Committee -- Composition.
2862          (1) There is created a Motor Vehicle Review Committee to advise the division.
2863          (2) The committee shall be composed of nine members as follows:
2864          (a) the executive director of the [Department of Administrative Services] department or
2865     the director's designee;
2866          (b) a member from a state agency other than higher education, the Department of
2867     Transportation, the Department of Public Safety, or the Department of Natural Resources, who
2868     uses the division's services;
2869          (c) the director of the Division of Purchasing and General Services or the director's
2870     designee;
2871          (d) one member from:
2872          (i) higher education, designated annually by the executive director of the Department
2873     of [Administrative Services] Government Operations;
2874          (ii) the Department of Transportation, designated annually by the executive director of
2875     the Department of [Administrative Services] Government Operations;
2876          (iii) the Department of Public Safety, designated annually by the executive director of
2877     the Department of [Administrative Services] Government Operations; and

2878          (iv) the Department of Natural Resources, designated annually by the executive
2879     director of the Department of [Administrative Services] Government Operations; and
2880          (e) two public members with experience in fleet operations and maintenance appointed
2881     by the governor.
2882          (3) (a) Except as required by Subsection (3)(b), the governor shall appoint each public
2883     member to a four-year term.
2884           (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2885     time of appointment, adjust the length of terms to ensure that the terms of public members are
2886     staggered so that one of the public members is appointed every two years.
2887          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2888     appointed for the unexpired term.
2889          (4) A member may not receive compensation or benefits for the member's service, but
2890     may receive per diem and travel expenses in accordance with:
2891          (a) Section 63A-3-106;
2892          (b) Section 63A-3-107; and
2893          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2894     63A-3-107.
2895          (5) Five members of the committee are a quorum.
2896          (6) The executive director of the Department of [Administrative Services] Government
2897     Operations is chair of the committee.
2898          Section 53. Section 63A-9-401 is amended to read:
2899          63A-9-401. Division -- Duties.
2900          (1) The division shall:
2901          (a) perform all administrative duties and functions related to management of state
2902     vehicles;
2903          (b) coordinate all purchases of state vehicles;
2904          (c) establish one or more fleet automation and information systems for state vehicles;
2905          (d) make rules establishing requirements for:
2906          (i) maintenance operations for state vehicles;
2907          (ii) use requirements for state vehicles;
2908          (iii) fleet safety and loss prevention programs;

2909          (iv) preventative maintenance programs;
2910          (v) procurement of state vehicles, including:
2911          (A) vehicle standards;
2912          (B) alternative fuel vehicle requirements;
2913          (C) short-term lease programs;
2914          (D) equipment installation; and
2915          (E) warranty recovery programs;
2916          (vi) fuel management programs;
2917          (vii) cost management programs;
2918          (viii) business and personal use practices, including commute standards;
2919          (ix) cost recovery and billing procedures;
2920          (x) disposal of state vehicles;
2921          (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
2922          (xii) standard use and rate structures for state vehicles; and
2923          (xiii) insurance and risk management requirements;
2924          (e) establish a parts inventory;
2925          (f) create and administer a fuel dispensing services program that meets the
2926     requirements of Subsection (2);
2927          (g) emphasize customer service when dealing with agencies and agency employees;
2928          (h) conduct an annual audit of all state vehicles for compliance with division
2929     requirements;
2930          (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
2931     subscriber of services other than an executive branch agency:
2932          (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
2933     in Section 63A-1-114; and
2934          (ii) obtain the approval of the Legislature as required by Section 63J-1-410; and
2935          (j) conduct an annual market analysis of proposed rates and fees, which analysis shall
2936     include a comparison of the division's rates and fees with the fees of other public or private
2937     sector providers where comparable services and rates are reasonably available.
2938          (2) The division shall operate a fuel dispensing services program in a manner that:
2939          (a) reduces the risk of environmental damage and subsequent liability for leaks

2940     involving state-owned underground storage tanks;
2941          (b) eliminates fuel site duplication and reduces overall costs associated with fuel
2942     dispensing;
2943          (c) provides efficient fuel management and efficient and accurate accounting of
2944     fuel-related expenses;
2945          (d) where practicable, privatizes portions of the state's fuel dispensing system;
2946          (e) provides central planning for fuel contingencies;
2947          (f) establishes fuel dispensing sites that meet geographical distribution needs and that
2948     reflect usage patterns;
2949          (g) where practicable, uses alternative sources of energy; and
2950          (h) provides safe, accessible fuel supplies in an emergency.
2951          (3) The division shall:
2952          (a) ensure that the state and each of its agencies comply with state and federal law and
2953     state and federal rules and regulations governing underground storage tanks;
2954          (b) coordinate the installation of new state-owned underground storage tanks and the
2955     upgrading or retrofitting of existing underground storage tanks;
2956          (c) by no later than June 30, 2025, ensure that an underground storage tank qualifies for
2957     a rebate, provided under Subsection 19-6-410.5(5)(d), of a portion of the environmental
2958     assurance fee described in Subsection 19-6-410.5(4), if the underground storage tank is owned
2959     by:
2960          (i) the state;
2961          (ii) a state agency; or
2962          (iii) a county, municipality, school district, local district, special service district, or
2963     federal agency that has subscribed to the fuel dispensing service provided by the division under
2964     Subsection (6)(b);
2965          (d) report to the Natural Resources, Agriculture, and Environmental Quality
2966     Appropriations Subcommittee by no later than:
2967          (i) November 30, 2020, on the status of the requirements of Subsection (3)(c); and
2968          (ii) November 30, 2024, on whether:
2969          (A) the requirements of Subsection (3)(c) have been met; and
2970          (B) additional funding is needed to accomplish the requirements of Subsection (3)(c);

2971     and
2972          (e) ensure that counties, municipalities, school districts, local districts, and special
2973     service districts subscribing to services provided by the division sign a contract that:
2974          (i) establishes the duties and responsibilities of the parties;
2975          (ii) establishes the cost for the services; and
2976          (iii) defines the liability of the parties.
2977          (4) In fulfilling the requirements of Subsection (3)(c), the division may give priority to
2978     underground storage tanks owned by the state or a state agency under Subsections (3)(c)(i) and
2979     (ii).
2980          (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2981     the director of the Division of Fleet Operations:
2982          (i) may make rules governing fuel dispensing; and
2983          (ii) shall make rules establishing standards and procedures for purchasing the most
2984     economically appropriate size and type of vehicle for the purposes and driving conditions for
2985     which the vehicle will be used, including procedures for granting exceptions to the standards
2986     by the executive director of the Department of [Administrative Services] Government
2987     Operations.
2988          (b) Rules made under Subsection (5)(a)(ii):
2989          (i) shall designate a standard vehicle size and type that shall be designated as the
2990     statewide standard vehicle for fleet expansion and vehicle replacement;
2991          (ii) may designate different standard vehicle size and types based on defined categories
2992     of vehicle use;
2993          (iii) may, when determining a standard vehicle size and type for a specific category of
2994     vehicle use, consider the following factors affecting the vehicle class:
2995          (A) size requirements;
2996          (B) economic savings;
2997          (C) fuel efficiency;
2998          (D) driving and use requirements;
2999          (E) safety;
3000          (F) maintenance requirements;
3001          (G) resale value; and

3002          (H) the requirements of Section 63A-9-403; and
3003          (iv) shall require agencies that request a vehicle size and type that is different from the
3004     standard vehicle size and type to:
3005          (A) submit a written request for a nonstandard vehicle to the division that contains the
3006     following:
3007          (I) the make and model of the vehicle requested, including acceptable alternate vehicle
3008     makes and models as applicable;
3009          (II) the reasons justifying the need for a nonstandard vehicle size or type;
3010          (III) the date of the request; and
3011          (IV) the name and signature of the person making the request; and
3012          (B) obtain the division's written approval for the nonstandard vehicle.
3013          (6) (a) (i) Each state agency and each higher education institution shall subscribe to the
3014     fuel dispensing services provided by the division.
3015          (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
3016     systems, or products other than those provided by the division.
3017          (b) Counties, municipalities, school districts, local districts, special service districts,
3018     and federal agencies may subscribe to the fuel dispensing services provided by the division if:
3019          (i) the county or municipal legislative body, the school district, or the local district or
3020     special service district board recommends that the county, municipality, school district, local
3021     district, or special service district subscribe to the fuel dispensing services of the division; and
3022          (ii) the division approves participation in the program by that government unit.
3023          (7) The director, with the approval of the executive director, may delegate functions to
3024     institutions of higher education, by contract or other means authorized by law, if:
3025          (a) the agency or institution of higher education has requested the authority;
3026          (b) in the judgment of the director, the state agency or institution has the necessary
3027     resources and skills to perform the delegated responsibilities; and
3028          (c) the delegation of authority is in the best interest of the state and the function
3029     delegated is accomplished according to provisions contained in law or rule.
3030          Section 54. Section 63A-9-501 is amended to read:
3031          63A-9-501. Complaints about misuse or illegal operation of state vehicles --
3032     Disposition.

3033          (1) The division shall refer complaints from the public about misuse or illegal
3034     operation of state vehicles to the agency that is the owner or lessor of the vehicle.
3035          (2) Each agency head or his designee shall investigate all complaints about misuse or
3036     illegal operation of state vehicles and shall discipline each employee that is found to have
3037     misused or illegally operated a vehicle by following the procedures set forth in the rules
3038     adopted by the [Department] Division of Human Resource Management as authorized by
3039     Section [67-19-18] 63A-17-306.
3040          (3) (a) Each agency shall report the findings of each investigation conducted as well as
3041     any action taken as a result of the investigation to the directors of the Divisions of Fleet
3042     Operations and Risk Management.
3043          (b) Misuse or illegal operation of state vehicles may result in suspension or revocation
3044     of state vehicle driving privileges as governed in rule.
3045          Section 55. Section 63A-12-101 is amended to read:
3046          63A-12-101. Division of Archives and Records Service created -- Duties.
3047          (1) There is created the Division of Archives and Records Service within the
3048     [Department of Administrative Services] department.
3049          (2) The state archives shall:
3050          (a) administer the state's archives and records management programs, including storage
3051     of records, central microphotography programs, and quality control;
3052          (b) apply fair, efficient, and economical management methods to the collection,
3053     creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
3054     documents;
3055          (c) establish standards, procedures, and techniques for the effective management and
3056     physical care of records;
3057          (d) conduct surveys of office operations and recommend improvements in current
3058     records management practices, including the use of space, equipment, automation, and supplies
3059     used in creating, maintaining, storing, and servicing records;
3060          (e) establish standards for the preparation of schedules providing for the retention of
3061     records of continuing value and for the prompt and orderly disposal of state records no longer
3062     possessing sufficient administrative, historical, legal, or fiscal value to warrant further
3063     retention;

3064          (f) establish, maintain, and operate centralized microphotography lab facilities and
3065     quality control for the state;
3066          (g) provide staff and support services to the Records Management Committee created
3067     in Section 63A-12-112 and the State Records Committee created in Section 63G-2-501;
3068          (h) develop training programs to assist records officers and other interested officers and
3069     employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
3070     Government Records Access and Management Act;
3071          (i) provide access to public records deposited in the archives;
3072          (j) administer and maintain the Utah Public Notice Website established under Section
3073     [63F-1-701] 63A-16-601;
3074          (k) provide assistance to any governmental entity in administering this chapter and
3075     Title 63G, Chapter 2, Government Records Access and Management Act;
3076          (l) prepare forms for use by all governmental entities for a person requesting access to
3077     a record; and
3078          (m) if the department operates the Division of Archives and Records Service as an
3079     internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
3080     Committee established in Section 63A-1-114:
3081          (i) the proposed rate and fee schedule as required by Section 63A-1-114; and
3082          (ii) other information or analysis requested by the Rate Committee.
3083          (3) The state archives may:
3084          (a) establish a report and directives management program; and
3085          (b) establish a forms management program.
3086          (4) The executive director [of the Department of Administrative Services] may direct
3087     the state archives to administer other functions or services consistent with this chapter and Title
3088     63G, Chapter 2, Government Records Access and Management Act.
3089          Section 56. Section 63A-12-102 is amended to read:
3090          63A-12-102. State archivist -- Duties.
3091          (1) With the approval of the governor, the executive director [of the Department of
3092     Administrative Services] shall appoint the state archivist to serve as director of the state
3093     archives. The state archivist shall be qualified by archival training, education, and experience.
3094          (2) The state archivist is charged with custody of the following:

3095          (a) the enrolled copy of the Utah constitution;
3096          (b) the acts and resolutions passed by the Legislature;
3097          (c) all records kept or deposited with the state archivist as provided by law;
3098          (d) the journals of the Legislature and all bills, resolutions, memorials, petitions, and
3099     claims introduced in the Senate or the House of Representatives;
3100          (e) Indian war records; and
3101          (f) oaths of office of all state officials.
3102          (3) (a) The state archivist is the official custodian of all noncurrent records of
3103     permanent or historic value that are not required by law to remain in the custody of the
3104     originating governmental entity.
3105          (b) Upon the termination of any governmental entity, its records shall be transferred to
3106     the state archives.
3107          Section 57. Section 63A-12-103 is amended to read:
3108          63A-12-103. Duties of governmental entities.
3109          The chief administrative officer of each governmental entity shall:
3110          (1) establish and maintain an active, continuing program for the economical and
3111     efficient management of the governmental entity's records as provided by this chapter and Title
3112     63G, Chapter 2, Government Records Access and Management Act;
3113          (2) appoint one or more records officers who will be trained to work with the state
3114     archives in the care, maintenance, scheduling, disposal, classification, designation, access, and
3115     preservation of records;
3116          (3) ensure that officers and employees of the governmental entity that receive or
3117     process records requests receive required training on the procedures and requirements of this
3118     chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
3119          (4) make and maintain adequate and proper documentation of the organization,
3120     functions, policies, decisions, procedures, and essential transactions of the governmental entity
3121     designed to furnish information to protect the legal and financial rights of persons directly
3122     affected by the entity's activities;
3123          (5) submit to the state archivist proposed schedules of records for final approval by the
3124     Records Management Committee created in Section 63A-12-112;
3125          (6) cooperate with the state archivist in conducting surveys made by the state archivist;

3126          (7) comply with rules issued by the Department of [Administrative Services]
3127     Government Operations as provided by Section 63A-12-104;
3128          (8) report to the state archives the designation of record series that it maintains;
3129          (9) report to the state archives the classification of each record series that is classified;
3130     and
3131          (10) establish and report to the state archives retention schedules for objects that the
3132     governmental entity determines are not defined as a record under Section 63G-2-103, but that
3133     have historical or evidentiary value.
3134          Section 58. Section 63A-12-104 is amended to read:
3135          63A-12-104. Rulemaking authority.
3136          (1) The executive director of the [Department of Administrative Services] department,
3137     with the recommendation of the state archivist, may make rules as provided by Title 63G,
3138     Chapter 3, Utah Administrative Rulemaking Act, to implement provisions of this chapter and
3139     Title 63G, Chapter 2, Government Records Access and Management Act, dealing with
3140     procedures for the collection, storage, designation, classification, access, mediation for records
3141     access, and management of records.
3142          (2) A governmental entity that includes divisions, boards, departments, committees,
3143     commissions, or other subparts that fall within the definition of a governmental entity under
3144     this chapter, may, by rule, specify at which level the requirements specified in this chapter shall
3145     be undertaken.
3146          Section 59. Section 63A-13-201 is amended to read:
3147          63A-13-201. Creation of office -- Inspector general -- Appointment -- Term.
3148          (1) There is created an independent entity within the [Department of Administrative
3149     Services] department known as the "Office of Inspector General of Medicaid Services."
3150          (2) The governor shall:
3151          (a) appoint the inspector general of Medicaid services with the advice and consent of
3152     the Senate; and
3153          (b) establish the salary for the inspector general of Medicaid services based upon a
3154     recommendation from the [Department] Division of Human Resource Management which shall
3155     be based on a market salary survey conducted by the [Department] Division of Human
3156     Resource Management.

3157          (3) A person appointed as the inspector general shall have the following qualifications:
3158          (a) a general knowledge of the type of methodology and controls necessary to audit,
3159     investigate, and identify fraud, waste, and abuse;
3160          (b) strong management skills;
3161          (c) extensive knowledge of performance audit methodology;
3162          (d) the ability to oversee and execute an audit; and
3163          (e) strong interpersonal skills.
3164          (4) The inspector general of Medicaid services:
3165          (a) shall serve a term of four years; and
3166          (b) may be removed by the governor, for cause.
3167          (5) If the inspector general is removed for cause, a new inspector general shall be
3168     appointed, with the advice and consent of the Senate, to serve the remainder of the term of the
3169     inspector general of Medicaid services who was removed for cause.
3170          (6) The Office of Inspector General of Medicaid Services:
3171          (a) is not under the supervision of, and does not take direction from, the executive
3172     director, except for administrative purposes;
3173          (b) shall use the legal services of the state attorney general's office;
3174          (c) shall submit a budget for the office directly to the [Department of Administrative
3175     Services] department;
3176          (d) except as prohibited by federal law, is subject to:
3177          (i) Title 51, Chapter 5, Funds Consolidation Act;
3178          (ii) Title 51, Chapter 7, State Money Management Act;
3179          (iii) Title 63A, Utah [Administrative Services] Government Operations Code;
3180          (iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3181          (v) Title 63G, Chapter 4, Administrative Procedures Act;
3182          (vi) Title 63G, Chapter 6a, Utah Procurement Code;
3183          (vii) Title 63J, Chapter 1, Budgetary Procedures Act;
3184          (viii) Title 63J, Chapter 2, Revenue Procedures and Control Act;
3185          (ix) [Title 67, Chapter 19] Chapter 17, Utah State Personnel Management Act;
3186          (x) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
3187          (xi) Title 52, Chapter 4, Open and Public Meetings Act;

3188          (xii) Title 63G, Chapter 2, Government Records Access and Management Act; and
3189          (xiii) coverage under the Risk Management Fund created under Section 63A-4-201;
3190          (e) when requested, shall provide reports to the governor, the president of the Senate,
3191     or the speaker of the House; and
3192          (f) shall adopt administrative rules to establish policies for employees that are
3193     substantially similar to the administrative rules adopted by the [Department] Division of
3194     Human Resource Management.
3195          Section 60. Section 63A-16-101, which is renumbered from Section 63F-1-101 is
3196     renumbered and amended to read:
3197     
CHAPTER 16. UTAH TECHNOLOGY GOVERNANCE ACT

3198     
Part 1. General Provisions

3199          [63F-1-101].      63A-16-101. Title.
3200          [(1)] This [title] chapter is known as the "Utah Technology Governance Act."
3201          [(2) This chapter is known as the "Department of Technology Services."]
3202          Section 61. Section 63A-16-102, which is renumbered from Section 63F-1-102 is
3203     renumbered and amended to read:
3204          [63F-1-102].      63A-16-102. Definitions.
3205          As used in this [title] chapter:
3206          (1) "Chief information officer" means the chief information officer appointed under
3207     Section [63F-1-201] 63A-16-201.
3208          (2) "Data center" means a centralized repository for the storage, management, and
3209     dissemination of data.
3210          (3) ["Department" means the Department] "Division" means the Division of
3211     Technology Services.
3212          (4) "Enterprise architecture" means:
3213          (a) information technology that can be applied across state government; and
3214          (b) support for information technology that can be applied across state government,
3215     including:
3216          (i) technical support;
3217          (ii) master software licenses; and
3218          (iii) hardware and software standards.

3219          (5) (a) "Executive branch agency" means an agency or administrative subunit of state
3220     government.
3221          (b) "Executive branch agency" does not include:
3222          (i) the legislative branch;
3223          (ii) the judicial branch;
3224          (iii) the State Board of Education;
3225          (iv) the Utah Board of Higher Education;
3226          (v) institutions of higher education;
3227          (vi) independent entities as defined in Section 63E-1-102; [and] or
3228          (vii) the following elective constitutional offices of the executive department [which
3229     includes]:
3230          (A) the state auditor;
3231          (B) the state treasurer; and
3232          (C) the attorney general.
3233          (6) "Executive branch strategic plan" means the executive branch strategic plan created
3234     under Section [63F-1-203] 63A-16-202.
3235          (7) "Individual with a disability" means an individual with a condition that meets the
3236     definition of "disability" in 42 U.S.C. Sec. 12102.
3237          (8) "Information technology" means all computerized and auxiliary automated
3238     information handling, including:
3239          (a) systems design and analysis;
3240          (b) acquisition, storage, and conversion of data;
3241          (c) computer programming;
3242          (d) information storage and retrieval;
3243          (e) voice, video, and data communications;
3244          (f) requisite systems controls;
3245          (g) simulation; and
3246          (h) all related interactions between people and machines.
3247          (9) "State information architecture" means a logically consistent set of principles,
3248     policies, and standards that guide the engineering of state government's information technology
3249     and infrastructure in a way that ensures alignment with state government's business and service

3250     needs.
3251          Section 62. Section 63A-16-103, which is renumbered from Section 63F-1-103 is
3252     renumbered and amended to read:
3253          [63F-1-103].      63A-16-103. Division of Technology Services.
3254          (1) There is created within [state government the Department] the department the
3255     Division of Technology Services [which has all of the policymaking functions, regulatory and
3256     enforcement powers, rights, duties, and responsibilities outlined in this title].
3257          (2) The [department] division has authority to operate as an internal service fund
3258     agency as provided in Section 63J-1-410.
3259          Section 63. Section 63A-16-104, which is renumbered from Section 63F-1-104 is
3260     renumbered and amended to read:
3261          [63F-1-104].      63A-16-104. Duties of division.
3262          The [department] division shall:
3263          (1) lead state executive branch agency efforts to establish and reengineer the state's
3264     information technology architecture with the goal of coordinating central and individual agency
3265     information technology in a manner that:
3266          (a) ensures compliance with the executive branch agency strategic plan; and
3267          (b) ensures that cost-effective, efficient information and communication systems and
3268     resources are being used by agencies to:
3269          (i) reduce data, hardware, and software redundancy;
3270          (ii) improve system interoperability and data accessibility between agencies; and
3271          (iii) meet the agency's and user's business and service needs;
3272          (2) coordinate an executive branch strategic plan for all agencies;
3273          (3) develop and implement processes to replicate information technology best practices
3274     and standards throughout the executive branch;
3275          (4) at least once every odd-numbered year:
3276          (a) evaluate the adequacy of the [department's] division's and the executive branch
3277     agencies' data and information technology system security standards through an independent
3278     third party assessment; and
3279          (b) communicate the results of the independent third party assessment to the
3280     appropriate executive branch agencies and to the president of the Senate and the speaker of the

3281     House of Representatives;
3282          (5) oversee the expanded use and implementation of project and contract management
3283     principles as they relate to information technology projects within the executive branch;
3284          (6) serve as general contractor between the state's information technology users and
3285     private sector providers of information technology products and services;
3286          (7) work toward building stronger partnering relationships with providers;
3287          (8) develop service level agreements with executive branch departments and agencies
3288     to ensure quality products and services are delivered on schedule and within budget;
3289          (9) develop standards for application development including a standard methodology
3290     and cost-benefit analysis that all agencies shall utilize for application development activities;
3291          (10) determine and implement statewide efforts to standardize data elements;
3292          (11) coordinate with executive branch agencies to provide basic website standards for
3293     agencies that address common design standards and navigation standards, including:
3294          (a) accessibility for individuals with disabilities in accordance with:
3295          (i) the standards of 29 U.S.C. Sec. 794d; and
3296          (ii) Section [63F-1-210] 63A-16-209;
3297          (b) consistency with standardized government security standards;
3298          (c) designing around user needs with data-driven analysis influencing management and
3299     development decisions, using qualitative and quantitative data to determine user goals, needs,
3300     and behaviors, and continual testing of the website, web-based form, web-based application, or
3301     digital service to ensure that user needs are addressed;
3302          (d) providing users of the website, web-based form, web-based application, or digital
3303     service with the option for a more customized digital experience that allows users to complete
3304     digital transactions in an efficient and accurate manner; and
3305          (e) full functionality and usability on common mobile devices;
3306          (12) consider, when making a purchase for an information system, cloud computing
3307     options, including any security benefits, privacy, data retention risks, and cost savings
3308     associated with cloud computing options;
3309          (13) develop systems and methodologies to review, evaluate, and prioritize existing
3310     information technology projects within the executive branch and report to the governor and the
3311     Public Utilities, Energy, and Technology Interim Committee in accordance with [63F-1-201]

3312     Section 63A-16-201 on a semiannual basis regarding the status of information technology
3313     projects;
3314          (14) assist the Governor's Office of Management and Budget with the development of
3315     information technology budgets for agencies; and
3316          (15) ensure that any training or certification required of a public official or public
3317     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
3318     22, State Training and Certification Requirements, if the training or certification is required:
3319          (a) under this [title] chapter;
3320          (b) by the department; or
3321          (c) by [an agency or division within the department] the division.
3322          Section 64. Section 63A-16-105, which is renumbered from Section 63F-1-106 is
3323     renumbered and amended to read:
3324          [63F-1-106].      63A-16-105. Director -- Authority.
3325          [(1) The executive director of the department:]
3326          (1) The executive director shall, with the approval of the governor, appoint the
3327     director.
3328          (2) The director:
3329          (a) shall exercise all powers given to, and perform all duties imposed on, the division;
3330          [(a)] (b) has administrative jurisdiction over [each office in the department and the
3331     director of each office] the division and each office within the division;
3332          [(b)] (c) may make changes in [department] division personnel and [each office's]
3333     service functions [in the divisions] under the director's administrative jurisdiction; and
3334          [(c)] (d) may authorize a designee to perform appropriate responsibilities.
3335          (2) The [executive] director may, to facilitate [department] division management,
3336     establish offices and bureaus to perform division functions [such as budgeting, planning, and
3337     personnel administration].
3338          (3) (a) The [executive] director may hire employees in the [department, divisions,]
3339     division and offices of the division as permitted by [department] division resources.
3340          (b) Except as provided in Subsection (4), each employee of the [department] division is
3341     exempt from career service or classified service status as provided in Section [67-19-15]
3342     63A-17-301.

3343          (4) (a) An employee of an executive branch agency who was a career service employee
3344     as of July 1, 2005, who [is] was transferred to the division at the time it was newly created as
3345     the Department of Technology Services continues in the employee's career service status
3346     during the employee's service to the [Department of Technology Services] division if the duties
3347     of the position in the [new department] division are substantially similar to those in the
3348     employee's previous position.
3349          (b) A career service employee transferred [to the new department] under the provisions
3350     of Subsection (4)(a), whose duties or responsibilities subsequently change, may not be
3351     converted to exempt status without the review process required by Subsection [67-19-15]
3352     63A-17-301(3).
3353          Section 65. Section 63A-16-106, which is renumbered from Section 63F-1-107 is
3354     renumbered and amended to read:
3355          [63F-1-107].      63A-16-106. Offices within the division -- Administration.
3356          (1) The [department shall be composed of] division includes the following [divisions]
3357     offices:
3358          (a) the [Division] Office of Enterprise Technology;
3359          (b) the [Division] Office of Integrated Technology; and
3360          (c) the [Division] Office of Agency Services.
3361          (2) Each [division] office shall be administered and managed by a [division] director.
3362          Section 66. Section 63A-16-201, which is renumbered from Section 63F-1-201 is
3363     renumbered and amended to read:
3364     
Part 2. Chief Information Officer

3365          [63F-1-201].      63A-16-201. Chief information officer -- Appointment --
3366     Powers -- Reporting.
3367          (1) The director of the [department] division shall serve as the state's chief information
3368     officer.
3369          (2) The chief information officer shall:
3370          (a) advise the governor on information technology policy; and
3371          (b) perform those duties given the chief information officer by statute.
3372          (3) (a) The chief information officer shall report annually to:
3373          (i) the governor; and

3374          (ii) the Public Utilities, Energy, and Technology Interim Committee.
3375          (b) The report required under Subsection (3)(a) shall:
3376          (i) summarize the state's current and projected use of information technology;
3377          (ii) summarize the executive branch strategic plan including a description of major
3378     changes in the executive branch strategic plan;
3379          (iii) provide a brief description of each state agency's information technology plan;
3380          (iv) include the status of information technology projects described in Subsection
3381     [63F-1-104] 63A-16-104(11);
3382          (v) include the performance report described in Section [63F-1-212] 63A-16-211; and
3383          (vi) include the expenditure of the funds provided for electronic technology,
3384     equipment, and hardware.
3385          Section 67. Section 63A-16-202, which is renumbered from Section 63F-1-203 is
3386     renumbered and amended to read:
3387          [63F-1-203].      63A-16-202. Executive branch information technology
3388     strategic plan.
3389          (1) In accordance with this section, the chief information officer shall prepare an
3390     executive branch information technology strategic plan:
3391          (a) that complies with this chapter; and
3392          (b) that includes:
3393          (i) a strategic plan for the:
3394          (A) interchange of information related to information technology between executive
3395     branch agencies;
3396          (B) coordination between executive branch agencies in the development and
3397     maintenance of information technology and information systems, including the coordination of
3398     agency information technology plans described in Section [63F-1-204] 63A-16-203; and
3399          (C) protection of the privacy of individuals who use state information technology or
3400     information systems, including the implementation of industry best practices for data and
3401     system security;
3402          (ii) priorities for the development and implementation of information technology or
3403     information systems including priorities determined on the basis of:
3404          (A) the importance of the information technology or information system; and

3405          (B) the time sequencing of the information technology or information system; and
3406          (iii) maximizing the use of existing state information technology resources.
3407          (2) In the development of the executive branch strategic plan, the chief information
3408     officer shall consult with all cabinet level officials.
3409          (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
3410     with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
3411     which the executive branch strategic plan is submitted to:
3412          (i) the governor; and
3413          (ii) the Public Utilities, Energy, and Technology Interim Committee.
3414          (b) The chief information officer or the governor may withdraw the executive branch
3415     strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
3416     determines that the executive branch strategic plan:
3417          (i) should be modified; or
3418          (ii) for any other reason should not take effect.
3419          (c) The Public Utilities, Energy, and Technology Interim Committee may make
3420     recommendations to the governor and to the chief information officer if the commission
3421     determines that the executive branch strategic plan should be modified or for any other reason
3422     should not take effect.
3423          (d) Modifications adopted by the chief information officer shall be resubmitted to the
3424     governor and the Public Utilities, Energy, and Technology Interim Committee for their review
3425     or approval as provided in Subsections (3)(a) and (b).
3426          (4) (a) The chief information officer shall annually, on or before January 1, [2014, and
3427     each year thereafter,] modify the executive branch information technology strategic plan to
3428     incorporate security standards that:
3429          (i) are identified as industry best practices in accordance with Subsections [63F-1-104]
3430     63A-16-104(3) and (4); and
3431          (ii) can be implemented within the budget of the department or the executive branch
3432     agencies.
3433          (b) The chief information officer shall inform the speaker of the House of
3434     Representatives and the president of the Senate on or before January 1 of each year if best
3435     practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered

3436     under Subsection (4)(a)(ii).
3437          (5) Each executive branch agency shall implement the executive branch strategic plan
3438     by adopting an agency information technology plan in accordance with Section [63F-1-204]
3439     63A-16-203.
3440          Section 68. Section 63A-16-203, which is renumbered from Section 63F-1-204 is
3441     renumbered and amended to read:
3442          [63F-1-204].      63A-16-203. Agency information technology plans.
3443          (1) (a) [By] On or before July 1 [of] each year, each executive branch agency shall
3444     submit an agency information technology plan to the chief information officer at the
3445     department level, unless the governor or the chief information officer request an information
3446     technology plan be submitted by a subunit of a department, or by an executive branch agency
3447     other than a department.
3448          (b) The information technology plans required by this section shall be in the form and
3449     level of detail required by the chief information officer, by administrative rule adopted in
3450     accordance with Section [63F-1-206] 63A-16-205, and shall include, at least:
3451          (i) the information technology objectives of the agency;
3452          (ii) any performance measures used by the agency for implementing the agency's
3453     information technology objectives;
3454          (iii) any planned expenditures related to information technology;
3455          (iv) the agency's need for appropriations for information technology;
3456          (v) how the agency's development of information technology coordinates with other
3457     state and local governmental entities;
3458          (vi) any efforts the agency has taken to develop public and private partnerships to
3459     accomplish the information technology objectives of the agency;
3460          (vii) the efforts the executive branch agency has taken to conduct transactions
3461     electronically in compliance with Section 46-4-503; and
3462          (viii) the executive branch agency's plan for the timing and method of verifying the
3463     department's security standards, if an agency intends to verify the department's security
3464     standards for the data that the agency maintains or transmits through the department's servers.
3465          (2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
3466     described in Subsection (1) shall comply with the executive branch strategic plan established in

3467     accordance with Section [63F-1-203] 63A-16-202.
3468          (b) If the executive branch agency submitting the agency information technology plan
3469     justifies the need to depart from the executive branch strategic plan, an agency information
3470     technology plan may depart from the executive branch strategic plan to the extent approved by
3471     the chief information officer.
3472          (3) The chief information officer shall review each agency plan to determine:
3473          (a) (i) whether the agency plan complies with the executive branch strategic plan and
3474     state information architecture; or
3475          (ii) to the extent that the agency plan does not comply with the executive branch
3476     strategic plan or state information architecture, whether the executive branch entity is justified
3477     in departing from the executive branch strategic plan, or state information architecture; and
3478          (b) whether the agency plan meets the information technology and other needs of:
3479          (i) the executive branch agency submitting the plan; and
3480          (ii) the state.
3481          (4) After the chief information officer conducts the review described in Subsection (3)
3482     of an agency information technology plan, the chief information officer may:
3483          (a) approve the agency information technology plan;
3484          (b) disapprove the agency information technology plan; or
3485          (c) recommend modifications to the agency information technology plan.
3486          (5) An executive branch agency or the department may not submit a request for
3487     appropriation related to information technology or an information technology system to the
3488     governor in accordance with Section 63J-1-201 until after the executive branch agency's
3489     information technology plan is approved by the chief information officer.
3490          Section 69. Section 63A-16-204, which is renumbered from Section 63F-1-205 is
3491     renumbered and amended to read:
3492          [63F-1-205].      63A-16-204. Approval of acquisitions of information
3493     technology.
3494          (1) (a) In accordance with Subsection (2), the chief information officer shall approve
3495     the acquisition by an executive branch agency of:
3496          (i) information technology equipment;
3497          (ii) telecommunications equipment;

3498          (iii) software;
3499          (iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
3500          (v) data acquisition.
3501          (b) The chief information officer may negotiate the purchase, lease, or rental of private
3502     or public information technology or telecommunication services or facilities in accordance with
3503     this section.
3504          (c) Where practical, efficient, and economically beneficial, the chief information
3505     officer shall use existing private and public information technology or telecommunication
3506     resources.
3507          (d) Notwithstanding another provision of this section, an acquisition authorized by this
3508     section shall comply with rules made by the applicable rulemaking authority under Title 63G,
3509     Chapter 6a, Utah Procurement Code.
3510          (2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
3511     that exceeds the value established by the chief information officer by rule in accordance with
3512     Section [63F-1-206] 63A-16-205, the chief information officer shall:
3513          (a) conduct an analysis of the needs of executive branch agencies and subscribers of
3514     services and the ability of the proposed information technology or telecommunications services
3515     or supplies to meet those needs; and
3516          (b) for purchases, leases, or rentals not covered by an existing statewide contract,
3517     certify in writing to the chief procurement officer in the Division of Purchasing and General
3518     Services that:
3519          (i) the analysis required in Subsection (2)(a) was completed; and
3520          (ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
3521     services, products, or supplies is practical, efficient, and economically beneficial to the state
3522     and the executive branch agency or subscriber of services.
3523          (3) In approving an acquisition described in Subsections (1) and (2), the chief
3524     information officer shall:
3525          (a) establish by administrative rule, in accordance with Section [63F-1-206]
3526     63A-16-205, standards under which an agency must obtain approval from the chief information
3527     officer before acquiring the items listed in Subsections (1) and (2);
3528          (b) for those acquisitions requiring approval, determine whether the acquisition is in

3529     compliance with:
3530          (i) the executive branch strategic plan;
3531          (ii) the applicable agency information technology plan;
3532          (iii) the budget for the executive branch agency or department as adopted by the
3533     Legislature;
3534          (iv) Title 63G, Chapter 6a, Utah Procurement Code; and
3535          (v) the information technology accessibility standards described in Section [63F-1-210]
3536     63A-16-209; and
3537          (c) in accordance with Section [63F-1-207] 63A-16-206, require coordination of
3538     acquisitions between two or more executive branch agencies if it is in the best interests of the
3539     state.
3540          (4) Each executive branch agency shall provide the chief information officer with
3541     complete access to all information technology records, documents, and reports:
3542          (a) at the request of the chief information officer; and
3543          (b) related to the executive branch agency's acquisition of any item listed in Subsection
3544     (1).
3545          (5) (a) In accordance with administrative rules established by the department under
3546     Section [63F-1-206] 63A-16-205, an executive branch agency and the department may not
3547     initiate a new technology project unless the technology project is described in a formal project
3548     plan and a business case analysis is approved by the chief information officer and the highest
3549     ranking executive branch agency official.
3550          (b) The project plan and business case analysis required by this Subsection (5) shall
3551     include:
3552          (i) a statement of work to be done and existing work to be modified or displaced;
3553          (ii) total cost of system development and conversion effort, including system analysis
3554     and programming costs, establishment of master files, testing, documentation, special
3555     equipment cost and all other costs, including overhead;
3556          (iii) savings or added operating costs that will result after conversion;
3557          (iv) other advantages or reasons that justify the work;
3558          (v) source of funding of the work, including ongoing costs;
3559          (vi) consistency with budget submissions and planning components of budgets; and

3560          (vii) whether the work is within the scope of projects or initiatives envisioned when the
3561     current fiscal year budget was approved.
3562          (c) The chief information officer shall determine the required form of the project plan
3563     and business case analysis described in this Subsection (5).
3564          (6) The chief information officer and the Division of Purchasing and General Services
3565     within the [Department of Administrative Services] department shall work cooperatively to
3566     establish procedures under which the chief information officer shall monitor and approve
3567     acquisitions as provided in this section.
3568          Section 70. Section 63A-16-205, which is renumbered from Section 63F-1-206 is
3569     renumbered and amended to read:
3570          [63F-1-206].      63A-16-205. Rulemaking -- Policies.
3571          (1) (a) Except as provided in Subsection (2), the chief information officer shall, by rule
3572     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
3573          (i) provide standards that impose requirements on executive branch agencies that:
3574          (A) are related to the security of the statewide area network; and
3575          (B) establish standards for when an agency must obtain approval before obtaining
3576     items listed in Subsection [63F-1-205] 63A-16-204(1);
3577          (ii) specify the detail and format required in an agency information technology plan
3578     submitted in accordance with Section [63F-1-204] 63A-16-203;
3579          (iii) provide for standards related to the privacy policies of websites operated by or on
3580     behalf of an executive branch agency;
3581          (iv) provide for the acquisition, licensing, and sale of computer software;
3582          (v) specify the requirements for the project plan and business case analysis required by
3583     Section [63F-1-205] 63A-16-204;
3584          (vi) provide for project oversight of agency technology projects when required by
3585     Section [63F-1-205] 63A-16-204;
3586          (vii) establish, in accordance with Subsection [63F-1-205] 63A-16-204(2), the
3587     implementation of the needs assessment for information technology purchases;
3588          (viii) establish telecommunications standards and specifications in accordance with
3589     Section [63F-1-404] 63A-16-403; and
3590          (ix) establish standards for accessibility of information technology by individuals with

3591     disabilities in accordance with Section [63F-1-210] 63A-16-209.
3592          (b) The rulemaking authority granted by this Subsection (1) is in addition to any other
3593     rulemaking authority granted [by this title] under this chapter.
3594          (2) (a) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3595     and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
3596     procedures to be followed by the chief information officer in facilitating the implementation of
3597     this title by executive branch agencies if the policy:
3598          (i) is consistent with the executive branch strategic plan; and
3599          (ii) is not required to be made by rule under Subsection (1) or Section 63G-3-201.
3600          (b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
3601     not take effect until 30 days after the day on which the chief information officer submits the
3602     policy to:
3603          (A) the governor; and
3604          (B) all cabinet level officials.
3605          (ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
3606     may review and comment on a policy submitted under Subsection (2)(b)(i).
3607          (3) (a) Notwithstanding Subsection (1) or (2) or Title 63G, Chapter 3, Utah
3608     Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
3609     chief information officer may adopt a security procedure to be followed by executive branch
3610     agencies to protect the statewide area network if:
3611          (i) broad communication of the security procedure would create a significant potential
3612     for increasing the vulnerability of the statewide area network to breach or attack; and
3613          (ii) after consultation with the chief information officer, the governor agrees that broad
3614     communication of the security procedure would create a significant potential increase in the
3615     vulnerability of the statewide area network to breach or attack.
3616          (b) A security procedure described in Subsection (3)(a) is classified as a protected
3617     record under Title 63G, Chapter 2, Government Records Access and Management Act.
3618          (c) The chief information officer shall provide a copy of the security procedure as a
3619     protected record to:
3620          (i) the chief justice of the Utah Supreme Court for the judicial branch;
3621          (ii) the speaker of the House of Representatives and the president of the Senate for the

3622     legislative branch;
3623          (iii) the chair of the Utah Board of Higher Education; and
3624          (iv) the chair of the State Board of Education.
3625          Section 71. Section 63A-16-206, which is renumbered from Section 63F-1-207 is
3626     renumbered and amended to read:
3627          [63F-1-207].      63A-16-206. Coordination within the executive branch --
3628     Cooperation with other branches.
3629          (1) In accordance with the executive branch strategic plan and the requirements of this
3630     title, the chief information officer shall coordinate the development of information technology
3631     systems between two or more executive branch agencies subject to:
3632          (a) the budget approved by the Legislature; and
3633          (b) Title 63J, Chapter 1, Budgetary Procedures Act.
3634          (2) In addition to the coordination described in Subsection (1), the chief information
3635     officer shall promote cooperation regarding information technology between branches of state
3636     government.
3637          Section 72. Section 63A-16-207, which is renumbered from Section 63F-1-208 is
3638     renumbered and amended to read:
3639          [63F-1-208].      63A-16-207. Delegation of department functions.
3640          (1) (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other
3641     provisions of this section, the chief information officer may delegate a function of the
3642     [department] division to another executive branch agency or an institution of higher education
3643     by contract or other means authorized by law.
3644          (b) The chief information officer may delegate a function of the [department] division
3645     as provided in Subsection (1)(a) if in the judgment of the director of the executive branch
3646     agency and the chief information officer:
3647          (i) the executive branch agency or institution of higher education has requested that the
3648     function be delegated;
3649          (ii) the executive branch agency or institution of higher education has the necessary
3650     resources and skills to perform or control the function to be delegated; and
3651          (iii) the function to be delegated is a unique or mission-critical function of the agency
3652     or institution of higher education.

3653          (2) The chief information officer may delegate a function of the [department] division
3654     only when the delegation results in net cost savings or improved service delivery to the state as
3655     a whole or to the unique mission critical function of the executive branch agency.
3656          (3) The delegation of a function under this section shall:
3657          (a) be in writing;
3658          (b) contain all of the following:
3659          (i) a precise definition of each function to be delegated;
3660          (ii) a clear description of the standards to be met in performing each function
3661     delegated;
3662          (iii) a provision for periodic administrative audits by the [department] division;
3663          (iv) a date on which the agreement shall terminate if the agreement has not been
3664     previously terminated or renewed; and
3665          (v) any delegation of [department] division staff to the agency to support the function
3666     in-house with the agency and rates to be charged for the delegated staff; and
3667          (c) include a cost-benefit analysis justifying the delegation.
3668          (4) An agreement to delegate functions to an executive branch agency or an institution
3669     of higher education may be terminated by the [department] division if the results of an
3670     administrative audit conducted by the [department] division reveals a lack of compliance with
3671     the terms of the agreement by the executive branch agency or institution of higher education.
3672          Section 73. Section 63A-16-208, which is renumbered from Section 63F-1-209 is
3673     renumbered and amended to read:
3674          [63F-1-209].      63A-16-208. Delegation of division staff to executive branch
3675     agencies -- Prohibition against executive branch agency information technology staff.
3676          (1) (a) The chief information officer shall assign [department] division staff to serve an
3677     agency in-house if the chief information officer and the executive branch agency director
3678     jointly determine it is appropriate to provide information technology services to:
3679          (i) the agency's unique mission-critical functions and applications;
3680          (ii) the agency's participation in and use of statewide enterprise architecture; and
3681          (iii) the agency's use of coordinated technology services with other agencies that share
3682     similar characteristics with the agency.
3683          (b) (i) An agency may request the chief information officer to assign in-house staff

3684     support from the [department] division.
3685          (ii) The chief information officer shall respond to the agency's request for in-house
3686     staff support in accordance with Subsection (1)(a).
3687          (c) The [department] division shall enter into service agreements with an agency when
3688     [department] division staff is assigned in-house to the agency under the provisions of this
3689     section.
3690          (d) An agency that receives in-house staff support assigned from the [department]
3691     division under the provision of this section is responsible for paying the rates charged by the
3692     [department] division for that staff as established under Section [63F-1-301] 63A-16-301.
3693          (2) (a) An executive branch agency may not create a full-time equivalent position or
3694     part-time position, or request an appropriation to fund a full-time equivalent position or
3695     part-time position under the provisions of Section 63J-1-201 for the purpose of providing
3696     information technology services to the agency unless:
3697          (i) the chief information officer has approved a delegation under Section [63F-1-208]
3698     63A-16-207; and
3699          (ii) the [department] division conducts an audit under Section [63F-1-604] 63A-16-213
3700     and finds that the delegation of information technology services to the agency meets the
3701     requirements of Section [63F-1-208] 63A-16-207.
3702          (b) The prohibition against a request for appropriation under Subsection (2)(a) does not
3703     apply to a request for appropriation needed to pay rates imposed under Subsection (1)(d).
3704          Section 74. Section 63A-16-209, which is renumbered from Section 63F-1-210 is
3705     renumbered and amended to read:
3706          [63F-1-210].      63A-16-209. Accessibility standards for executive branch
3707     agency information technology.
3708          (1) The chief information officer shall establish, by rule made in accordance with Title
3709     63G, Chapter 3, Utah Administrative Rulemaking Act:
3710          (a) minimum standards for accessibility of executive branch agency information
3711     technology by an individual with a disability that:
3712          (i) include accessibility criteria for:
3713          (A) agency websites;
3714          (B) hardware and software procured by an executive branch agency; and

3715          (C) information systems used by executive branch agency employees;
3716          (ii) include a protocol to evaluate the standards via testing by individuals with a variety
3717     of access limitations; and
3718          (iii) are, at minimum, consistent with the most recent Web Content Accessibility
3719     guidelines published by the World Wide Web Consortium; and
3720          (b) grievance procedures for an individual with a disability who is unable to access
3721     executive branch agency information technology, including:
3722          (i) a process for an individual with a disability to report the access issue to the chief
3723     information officer; and
3724          (ii) a mechanism through which the chief information officer can respond to the report.
3725          (2) The chief information officer shall update the standards described in Subsection
3726     (1)(a) at least every three years to reflect advances in technology.
3727          Section 75. Section 63A-16-210, which is renumbered from Section 63F-1-211 is
3728     renumbered and amended to read:
3729          [63F-1-211].      63A-16-210. Chief information security officer.
3730          (1) The chief information officer shall appoint a chief information security officer.
3731          (2) The chief information security officer described in Subsection (1) shall:
3732          (a) assess cybersecurity risks;
3733          (b) coordinate with executive branch agencies to assess the sensitivity of information;
3734     and
3735          (c) manage cybersecurity support for the department and executive branch agencies.
3736          Section 76. Section 63A-16-211, which is renumbered from Section 63F-1-212 is
3737     renumbered and amended to read:
3738          [63F-1-212].      63A-16-211. Report to the Legislature.
3739          The [department] division shall, in accordance with Section [63F-1-201] 63F-16-201,
3740     before November 1 [of] each year, report to the Public Utilities, Energy, and Technology
3741     Interim Committee on:
3742          (1) performance measures that the [department] division uses to assess the
3743     [department's] division's effectiveness in performing the [department's] division's duties under
3744     this [chapter] part; and
3745          (2) the [department's] division's performance, evaluated in accordance with the

3746     performance measures described in Subsection (1).
3747          Section 77. Section 63A-16-212, which is renumbered from Section 63F-1-603 is
3748     renumbered and amended to read:
3749          [63F-1-603].      63A-16-212. Agency services -- Chief information officer
3750     manages.
3751          The chief information officer shall manage the [department's] division's duties related
3752     to agency services.
3753          Section 78. Section 63A-16-213, which is renumbered from Section 63F-1-604 is
3754     renumbered and amended to read:
3755          [63F-1-604].      63A-16-213. Duties of the division -- Agency services.
3756          The [department] division shall:
3757          (1) be responsible for providing support to executive branch agencies for an agency's
3758     information technology assets and functions that are unique to the executive branch agency and
3759     are mission critical functions of the agency;
3760          (2) provide in-house information technology staff support to executive branch
3761     agencies;
3762          (3) establish a committee composed of agency user groups for the purpose of
3763     coordinating [department] division services with agency needs; and
3764          (4) assist executive branch agencies in complying with the requirements of any rule
3765     adopted by the chief information officer.
3766          Section 79. Section 63A-16-301, which is renumbered from Section 63F-1-301 is
3767     renumbered and amended to read:
3768     
Part 3. Information Technology Services and Rates

3769          [63F-1-301].      63A-16-301. Cost based services -- Fees -- Submission to rate
3770     committee.
3771          (1) The chief information officer shall:
3772          (a) at the lowest practical cost, manage the delivery of efficient and cost-effective
3773     information technology and telecommunication services for:
3774          (i) all executive branch agencies; and
3775          (ii) entities that subscribe to the services in accordance with Section [63F-1-303]
3776     63A-16-303; and

3777          (b) provide priority service to public safety agencies.
3778          (2) (a) In accordance with this Subsection (2), the chief information officer shall
3779     prescribe a schedule of fees for all services rendered by the [department] division to:
3780          (i) an executive branch entity; or
3781          (ii) an entity that subscribes to services rendered by the [department] division in
3782     accordance with Section [63F-1-303] 63A-16-303.
3783          (b) Each fee included in the schedule of fees required by Subsection (2)(a):
3784          (i) shall be equitable;
3785          (ii) should be based upon a zero based, full cost accounting of activities necessary to
3786     provide each service for which a fee is established; and
3787          (iii) for each service multiplied by the projected consumption of the service recovers
3788     no more or less than the full cost of each service.
3789          (c) Before charging a fee for its services to an executive branch agency or to a
3790     subscriber of services other than an executive branch agency, the chief information officer
3791     shall:
3792          (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
3793     in Section [63F-1-302] 63A-1-114; and
3794          (ii) obtain the approval of the Legislature as required by Section 63J-1-410.
3795          (d) The chief information officer shall periodically conduct a market analysis [by July
3796     1, 2006, and periodically thereafter,] of proposed rates and fees, which analysis shall include a
3797     comparison of the [department's] division's rates with the fees of other public or private sector
3798     providers where comparable services and rates are reasonably available.
3799          Section 80. Section 63A-16-302, which is renumbered from Section 63F-1-303 is
3800     renumbered and amended to read:
3801          [63F-1-303].      63A-16-302. Executive branch agencies -- Subscription by
3802     institutions.
3803          (1) An executive branch agency in accordance with its agency information technology
3804     plan approved by the chief information officer shall:
3805          (a) subscribe to the information technology services provided by the [department]
3806     division; or
3807          (b) contract with one or more alternate private providers of information technology

3808     services if the chief information officer determines that the purchase of the services from a
3809     private provider will:
3810          (i) result in:
3811          (A) cost savings;
3812          (B) increased efficiency; or
3813          (C) improved quality of services; and
3814          (ii) not impair the interoperability of the state's information technology services.
3815          (2) An institution of higher education may subscribe to the services provided by the
3816     [department] division if:
3817          (a) the president of the institution recommends that the institution subscribe to the
3818     services of the [department] division; and
3819          (b) the Utah Board of Higher Education determines that subscription to the services of
3820     the [department] division will result in cost savings or increased efficiency to the institution.
3821          (3) The following may subscribe to information technology services by requesting that
3822     the services be provided from the [department] division:
3823          (a) the legislative branch;
3824          (b) the judicial branch;
3825          (c) the State Board of Education;
3826          (d) a political subdivision of the state;
3827          (e) an agency of the federal government;
3828          (f) an independent entity as defined in Section 63E-1-102; and
3829          (g) an elective constitutional officer of the executive department as defined in
3830     Subsection [63F-1-102] 63A-16-102(5)(b)(vii).
3831          Section 81. Section 63A-16-401, which is renumbered from Section 63F-1-402 is
3832     renumbered and amended to read:
3833     
Part 4. Enterprise Technology

3834          [63F-1-402].      63A-16-401. Definitions.
3835          As used in this [chapter] part, "enterprise architecture" means information technology
3836     assets and functions that can be applied across state government and include:
3837          (1) computing devices such as mainframes, servers, desktop devices, and peripherals;
3838          (2) networks;

3839          (3) enterprise wide applications;
3840          (4) maintenance and help desk functions for common hardware and applications;
3841          (5) standards for other computing devices, operating systems, common applications,
3842     and software; and
3843          (6) master contracts that are available for use by agencies for various systems such as
3844     operating systems, database, enterprise resource planning and customer relationship
3845     management software, application development services, and enterprise integration.
3846          Section 82. Section 63A-16-402, which is renumbered from Section 63F-1-403 is
3847     renumbered and amended to read:
3848          [63F-1-403].      63A-16-402. Enterprise technology -- Chief information
3849     officer manages.
3850          The chief information officer shall manage the [department's] division's duties related
3851     to enterprise technology.
3852          Section 83. Section 63A-16-403, which is renumbered from Section 63F-1-404 is
3853     renumbered and amended to read:
3854          [63F-1-404].      63A-16-403. Duties of the division -- Enterprise technology.
3855          The [department] division shall:
3856          (1) develop and implement an effective enterprise architecture governance model for
3857     the executive branch;
3858          (2) provide oversight of information technology projects that impact statewide
3859     information technology services, assets, or functions of state government to:
3860          (a) control costs;
3861          (b) ensure business value to a project;
3862          (c) maximize resources;
3863          (d) ensure the uniform application of best practices; and
3864          (e) avoid duplication of resources;
3865          (3) develop a method of accountability to agencies for services provided by the
3866     department through service agreements with the agencies;
3867          (4) serve as a project manager for enterprise architecture which includes the
3868     management of applications, standards, and procurement of enterprise architecture;
3869          (5) coordinate the development and implementation of advanced state

3870     telecommunication systems;
3871          (6) provide services including technical assistance:
3872          (a) to executive branch agencies and subscribers to the services; and
3873          (b) related to information technology or telecommunications;
3874          (7) establish telecommunication system specifications and standards for use by:
3875          (a) one or more executive branch agencies; or
3876          (b) one or more entities that subscribe to the telecommunication systems in accordance
3877     with Section [63F-1-303] 63A-16-303;
3878          (8) coordinate state telecommunication planning in cooperation with:
3879          (a) state telecommunication users;
3880          (b) executive branch agencies; and
3881          (c) other subscribers to the state's telecommunication systems;
3882          (9) cooperate with the federal government, other state entities, counties, and
3883     municipalities in the development, implementation, and maintenance of:
3884          (a) (i) governmental information technology; or
3885          (ii) governmental telecommunication systems; and
3886          (b) (i) as part of a cooperative organization; or
3887          (ii) through means other than a cooperative organization;
3888          (10) establish, operate, manage, and maintain:
3889          (a) one or more state data centers; and
3890          (b) one or more regional computer centers;
3891          (11) design, implement, and manage all state-owned, leased, or rented land, mobile, or
3892     radio telecommunication systems that are used in the delivery of services for state government
3893     or its political subdivisions; and
3894          (12) in accordance with the executive branch strategic plan, implement minimum
3895     standards to be used by the [department] division for purposes of compatibility of procedures,
3896     programming languages, codes, and media that facilitate the exchange of information within
3897     and among telecommunication systems.
3898          Section 84. Section 63A-16-501, which is renumbered from Section 63F-1-502 is
3899     renumbered and amended to read:
3900     
Part 5. Integrated Technology


3901          [63F-1-502].      63A-16-501. Definitions.
3902          As used in this part:
3903          (1) "Center" means the Automated Geographic Reference Center created in Section
3904     [63F-1-506] 63A-16-505.
3905          (2) "Database" means the State Geographic Information Database created in Section
3906     [63F-1-507] 63A-16-506.
3907          (3) "Geographic Information System" or "GIS" means a computer driven data
3908     integration and map production system that interrelates disparate layers of data to specific
3909     geographic locations.
3910          (4) "Office" means the Office of Integrated Technology, created in Section
3911     63A-16-502.
3912          [(4)] (5) "State Geographic Information Database" means the database created in
3913     Section [63F-1-507] 63A-16-506.
3914          [(5)] (6) "Statewide Global Positioning Reference Network" or "network" means the
3915     network created in Section [63F-1-509] 63A-16-508.
3916          Section 85. Section 63A-16-502, which is renumbered from Section 63F-1-503 is
3917     renumbered and amended to read:
3918          [63F-1-503].      63A-16-502. Office of Integrated Technology.
3919          (1) There is created within the division the Office of Integrated Technology.
3920          (2) The chief information officer shall manage the [department's] division's duties
3921     related to integrated technology.
3922          Section 86. Section 63A-16-503, which is renumbered from Section 63F-1-504 is
3923     renumbered and amended to read:
3924          [63F-1-504].      63A-16-503. Duties of the division -- Integrated technology.
3925          The [department] division shall:
3926          (1) establish standards for the information technology needs of a collection of
3927     executive branch agencies or programs that share common characteristics relative to the types
3928     of stakeholders they serve, including:
3929          (a) project management;
3930          (b) application development; and
3931          (c) procurement;

3932          (2) provide oversight of information technology standards that impact multiple
3933     executive branch agency information technology services, assets, or functions to:
3934          (a) control costs;
3935          (b) ensure business value to a project;
3936          (c) maximize resources;
3937          (d) ensure the uniform application of best practices; and
3938          (e) avoid duplication of resources; and
3939          (3) establish a system of accountability to user agencies through the use of service
3940     agreements.
3941          Section 87. Section 63A-16-504, which is renumbered from Section 63F-1-505 is
3942     renumbered and amended to read:
3943          [63F-1-505].      63A-16-504. Information technology plan.
3944          (1) In accordance with this section, the [division] office shall submit an information
3945     technology plan to the chief information officer.
3946          (2) The information technology plan submitted by the [division] office under this
3947     section shall include:
3948          (a) the information required by Section [63F-1-203] 63A-16-202;
3949          (b) a list of the services the [division] office offers or plans to offer; and
3950          (c) a description of the performance measures used by the [division] office to measure
3951     the quality of the services described in Subsection (2)(b).
3952          (3) (a) In submitting [its] the information technology plan under this section, the
3953     [division] office shall comply with Section [63F-1-204] 63A-16-203.
3954          (b) The information technology plan submitted by the [division] office under this
3955     section is subject to the approval of the chief information officer as provided in Section
3956     [63F-1-204] 63A-16-203.
3957          Section 88. Section 63A-16-505, which is renumbered from Section 63F-1-506 is
3958     renumbered and amended to read:
3959          [63F-1-506].      63A-16-505. Automated Geographic Reference Center.
3960          (1) There is created the Automated Geographic Reference Center as part of the
3961     [division] office.
3962          (2) The center shall:

3963          (a) provide geographic information system services to state agencies under rules
3964     adopted in accordance with Section [63F-1-504] 63A-16-503 and policies established by the
3965     [division] office;
3966          (b) provide geographic information system services to federal government, local
3967     political subdivisions, and private persons under rules and policies established by the [division]
3968     office;
3969          (c) manage the State Geographic Information Database; and
3970          (d) establish standard format, lineage, and other requirements for the database.
3971          (3) (a) There is created a position of surveyor within the center.
3972          (b) The surveyor under this Subsection (3) shall:
3973          (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
3974     Engineers and Professional Land Surveyors Licensing Act;
3975          (ii) provide technical support to the office of lieutenant governor in the lieutenant
3976     governor's evaluation under Section 67-1a-6.5 of a proposed boundary action, as defined in
3977     Section 17-23-20;
3978          (iii) as requested by a county surveyor, provide technical assistance to the county
3979     surveyor with respect to the county surveyor's responsibilities under Section 17-23-20;
3980          (iv) fulfill the duties described in Section 17-50-105, if engaged to do so as provided in
3981     that section;
3982          (v) assist the State Tax Commission in processing and quality assurance of boundary
3983     descriptions or maps into digital format for inclusion in the State Geographic Information
3984     Database;
3985          (vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
3986     the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
3987     address, owner type, and county recorder contact information; and
3988          (vii) facilitate and integrate the collection efforts of local government and federal
3989     agencies for data collection to densify and enhance the statewide Public Land Survey System
3990     reference network in the State Geographic Information Database.
3991          (4) The [division] office may:
3992          (a) make rules and establish policies to govern the center and its operations; and
3993          (b) set fees for the services provided by the center.

3994          (5) The state may not sell information obtained from counties under Subsection
3995     (3)(b)(v).
3996          Section 89. Section 63A-16-506, which is renumbered from Section 63F-1-507 is
3997     renumbered and amended to read:
3998          [63F-1-507].      63A-16-506. State Geographic Information Database.
3999          (1) There is created a State Geographic Information Database to be managed by the
4000     center.
4001          (2) The database shall:
4002          (a) serve as the central reference for all information contained in any GIS database by
4003     any state agency;
4004          (b) serve as a clearing house and repository for all data layers required by multiple
4005     users;
4006          (c) serve as a standard format for geographic information acquired, purchased, or
4007     produced by any state agency;
4008          (d) include an accurate representation of all civil subdivision boundaries of the state;
4009     and
4010          (e) for each public highway, as defined in Section 72-1-102, in the state, include an
4011     accurate representation of the highway's centerline, physical characteristics, and associated
4012     street address ranges.
4013          (3) The center shall, in coordination with municipalities, counties, emergency
4014     communications centers, and the Department of Transportation:
4015          (a) develop the information described in Subsection (2)(e); and
4016          (b) update the information described in Subsection (2)(e) in a timely manner after a
4017     county recorder records a final plat.
4018          (4) Each state agency that acquires, purchases, or produces digital geographic
4019     information data shall:
4020          (a) inform the center of the existence of the data layers and their geographic extent;
4021          (b) allow the center access to all data classified public; and
4022          (c) comply with any database requirements established by the center.
4023          (5) At least annually, the State Tax Commission shall deliver to the center information
4024     the State Tax Commission receives under Section 67-1a-6.5 relating to the creation or

4025     modification of the boundaries of political subdivisions.
4026          (6) The boundary of a political subdivision within the State Geographic Information
4027     Database is the official boundary of the political subdivision for purposes of meeting the needs
4028     of the United States Bureau of the Census in identifying the boundary of the political
4029     subdivision.
4030          Section 90. Section 63A-16-507, which is renumbered from Section 63F-1-508 is
4031     renumbered and amended to read:
4032          [63F-1-508].      63A-16-507. Committee to award grants to counties for
4033     inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for
4034     proposals.
4035          (1) There is created within the center a committee to award grants to counties to
4036     inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
4037     provided by Subsection (5).
4038          (2) (a) The committee shall consist of:
4039          (i) the center manager;
4040          (ii) a representative of the Governor's Office of Management and Budget;
4041          (iii) a representative of Utah State University Extension;
4042          (iv) a representative of the Utah Association of Counties; and
4043          (v) three county commissioners.
4044          (b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
4045     be selected by the organizations they represent.
4046          (c) The committee members specified in Subsection (2)(a)(v) shall be:
4047          (i) selected by the Utah Association of Counties;
4048          (ii) from rural counties; and
4049          (iii) from different regions of the state.
4050          (3) (a) The committee shall select a chair from [its] the committee's membership.
4051          (b) The committee shall meet upon the call of the chair or a majority of the committee
4052     members.
4053          (c) Four members [shall constitute] of the committee constitute a quorum.
4054          (4) (a) Committee members who are state government employees shall receive no
4055     additional compensation for their work on the committee.

4056          (b) Committee members who are not state government employees shall receive no
4057     compensation or expenses from the state for their work on the committee.
4058          (5) (a) The committee shall award grants to counties to:
4059          (i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
4060     technology; and
4061          (ii) photograph:
4062          (A) roads and other evidence of construction of R.S. 2477 rights-of-way;
4063          (B) structures or natural features that may be indicative of the purpose for which an
4064     R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
4065     facilities, or scenic overlooks; and
4066          (C) evidence of valid and existing rights on federal lands, such as mines and
4067     agricultural facilities.
4068          (b) (i) The committee may allow counties, while they are conducting the activities
4069     described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
4070     natural or cultural resources.
4071          (ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
4072     programs underway by state agencies, counties, or institutions of higher education.
4073          (c) Maps and other data acquired through the grants shall become a part of the State
4074     Geographic Information Database.
4075          (d) Counties shall provide an opportunity to interested parties to submit information
4076     relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
4077     provided in Subsections (5)(a) and (5)(b).
4078          (6) (a) The committee shall develop a request for proposals process and issue a request
4079     for proposals.
4080          (b) The request for proposals shall require each grant applicant to submit an
4081     implementation plan and identify any monetary or in-kind contributions from the county.
4082          (c) In awarding grants, the committee shall give priority to proposals to inventory, map,
4083     and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
4084     which are located on federal lands that:
4085          (i) a federal land management agency proposes for special management, such as lands
4086     to be managed as an area of critical environmental concern or primitive area; or

4087          (ii) are proposed to receive a special designation by Congress, such as lands to be
4088     designated as wilderness or a national conservation area.
4089          (7) Each county that receives a grant under the provision of this section shall provide a
4090     copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
4091     database.
4092          Section 91. Section 63A-16-508, which is renumbered from Section 63F-1-509 is
4093     renumbered and amended to read:
4094          [63F-1-509].      63A-16-508. Statewide Global Positioning Reference
4095     Network created -- Rulemaking authority.
4096          (1) (a) There is created the Statewide Global Positioning Reference Network to
4097     improve the quality of geographic information system data and the productivity, efficiency, and
4098     cost-effectiveness of government services.
4099          (b) The network shall provide a system of permanently mounted, fully networked,
4100     global positioning system base stations that will provide real time radio navigation and
4101     establish a standard statewide coordinate reference system.
4102          (c) The center shall administer the network.
4103          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4104     the chief information officer shall make rules providing for operating policies and procedures
4105     for the network.
4106          (b) When making rules under this section, the chief information officer shall consider:
4107          (i) network development that serves a public purpose;
4108          (ii) increased productivity and efficiency for state agencies; and
4109          (iii) costs and longevity of the network.
4110          Section 92. Section 63A-16-509, which is renumbered from Section 63F-1-510 is
4111     renumbered and amended to read:
4112          [63F-1-510].      63A-16-509. Monument Replacement and Restoration
4113     Committee.
4114          (1) As used in this section:
4115          (a) "Committee" means the Monument Replacement and Restoration Committee
4116     created in this section.
4117          (b) "Corner" means the same as that term is defined in Section 17-23-17.5.

4118          (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
4119          (2) (a) There is created the Monument Replacement and Restoration Committee
4120     composed of the following seven members:
4121          (i) five members appointed by an organization or association that represents Utah
4122     counties:
4123          (A) that have knowledge and understanding of the Public Land Survey System; and
4124          (B) who each represents a different county; and
4125          (ii) two members, appointed by the center, who have a knowledge and understanding
4126     of the Public Land Survey System.
4127          (b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
4128     committee is appointed for a four-year term.
4129          (ii) The director of the center shall, at the time an entity appoints or reappoints an
4130     individual to serve on the committee, adjust the length of the appointed individual's term, as
4131     necessary, to ensure that the terms of committee members are staggered so that approximately
4132     half of the committee members are appointed every two years.
4133          (iii) When a vacancy occurs on the committee for any reason, the replacement
4134     appointee shall serve on the committee for the unexpired term.
4135          (c) The committee shall elect one committee member to serve as chair of the
4136     committee for a term of two years.
4137          (d) A majority of the committee constitutes a quorum, and the action of a majority of a
4138     quorum constitutes the action of the committee.
4139          (e) (i) The center shall provide staff support to the committee.
4140          (ii) An individual who is a member of the committee may not serve as staff to the
4141     committee.
4142          (f) A member of the committee may not receive compensation for the member's service
4143     on the committee.
4144          (g) The committee may adopt bylaws to govern the committee's operation.
4145          (3) (a) The committee shall administer a grant program to assist counties in
4146     maintaining and protecting corners or monuments.
4147          (b) A county wishing to receive a grant under the program described in Subsection
4148     (3)(a) shall submit to the committee an application that:

4149          (i) identifies one or more monuments in the county that are in need of protection or
4150     rehabilitation;
4151          (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
4152     each monument identified under Subsection (3)(b)(i); and
4153          (iii) requests a specific amount of funding to complete the plan established under
4154     Subsection (3)(b)(ii).
4155          (c) The committee shall:
4156          (i) adopt criteria to:
4157          (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
4158     needs protection or rehabilitation; and
4159          (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
4160     the greatest need of protection or rehabilitation;
4161          (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
4162     criteria adopted by the committee under Subsection (3)(c)(i);
4163          (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
4164     applications are most favorably evaluated under Subsection (3)(c)(ii); and
4165          (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
4166     shall report back to the committee.
4167          (d) The committee may not award a grant to a county under this section in an amount
4168     greater than $100,000.
4169          (4) A county that is awarded a grant under this section shall:
4170          (a) document the work performed by the county, pursuant to the plan established by the
4171     county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
4172          (b) before the date established under Subsection (3)(c)(iv), report to the committee on
4173     the work performed by the county.
4174          (5) (a) If the committee has not expended all of the funds appropriated to the
4175     committee by the Legislature for the fulfillment of the committee's duties under this section
4176     before December 31, 2017, the committee shall disburse any remaining funds equally among
4177     all counties that have established a dedicated monument preservation fund by ordinance as
4178     provided in Section 17-23-19.
4179          (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:

4180          (i) deposit the funds into the county's monument preservation fund; and
4181          (ii) expend the funds, in consultation with the committee, for the maintenance and
4182     preservation of monuments in the county.
4183          Section 93. Section 63A-16-601, which is renumbered from Section 63F-1-701 is
4184     renumbered and amended to read:
4185     
Part 6. Utah Public Notice Website

4186          [63F-1-701].      63A-16-601. Utah Public Notice Website -- Establishment
4187     and administration.
4188          (1) As used in this part:
4189          [(a) "Division" means the Division of Archives and Records Service of the Department
4190     of Administrative Services.]
4191          [(b)] (a) "Executive board" means the same as that term is defined in Section 67-1-2.5.
4192          [(c)] (b) "Public body" means the same as that term is defined in Section 52-4-103.
4193          [(d)] (c) "Public information" means a public body's public notices, minutes, audio
4194     recordings, and other materials that are required to be posted to the website under Title 52,
4195     Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
4196          [(e)] (d) "Website" means the Utah Public Notice Website created [under] in this
4197     section.
4198          (2) There is created the Utah Public Notice Website to be administered by the Division
4199     of Archives and Records Service.
4200          (3) The website shall consist of an Internet website provided to assist the public to find
4201     posted public information.
4202          (4) The [division] Division of Archives and Records Service, with the technical
4203     assistance of the [Department] Division of Technology Services, shall create the website that
4204     shall:
4205          (a) allow a public body, or other certified entity, to easily post any public information,
4206     including the contact information required under Subsections 17B-1-303(9) and
4207     17D-1-106(1)(b)(ii);
4208          (b) allow the public to easily search the public information by:
4209          (i) public body name;
4210          (ii) date of posting of the notice;

4211          (iii) date of any meeting or deadline included as part of the public information; and
4212          (iv) any other criteria approved by the [division] Division of Archives and Records
4213     Service;
4214          (c) allow the public to easily search and view past, archived public information;
4215          (d) allow an individual to subscribe to receive updates and notices associated with a
4216     public body or a particular type of public information;
4217          (e) be easily accessible by the public from the State of Utah home page;
4218          (f) have a unique and simplified website address;
4219          (g) be directly accessible via a link from the main page of the official state website; and
4220          (h) include other links, features, or functionality that will assist the public in obtaining
4221     and reviewing public information posted on the website, as may be approved by the division.
4222          (5) (a) Subject to Subsection (5)(b), the [division] Division of Archives and Records
4223     Service and the governor's office shall coordinate to ensure that the website, the database
4224     described in Section 67-1-2.5, and the website described in Section 67-1-2.5 automatically
4225     share appropriate information in order to ensure that:
4226          (i) an individual who subscribes to receive information under Subsection (4)(d) for an
4227     executive board automatically receives notifications of vacancies on the executive board that
4228     will be publicly filled, including a link to information regarding how an individual may apply
4229     to fill the vacancy; and
4230          (ii) an individual who accesses an executive board's information on the website has
4231     access to the following through the website:
4232          (A) the executive board's information in the database, except an individual's physical
4233     address, e-mail address, or phone number; and
4234          (B) the portal described in Section 67-1-2.5 through which an individual may provide
4235     input on an appointee to, or member of, the executive board.
4236          (b) The [division] Division of Archives and Records Service and the governor's office
4237     shall comply with Subsection (5)(a) as soon as reasonably possible within existing funds
4238     appropriated to the [division] Division of Archives and Records Service and the governor's
4239     office.
4240          (6) Before August 1 of each year, the [division] Division of Archives and Records
4241     Service shall:

4242          (a) identify each executive board that is a public body that did not submit to the
4243     website a notice of a public meeting during the previous fiscal year; and
4244          (b) report the name of each identified executive board to the governor's boards and
4245     commissions administrator.
4246          (7) The [division] Division of Archives and Records Service is responsible for:
4247          (a) establishing and maintaining the website, including the provision of equipment,
4248     resources, and personnel as is necessary;
4249          (b) providing a mechanism for public bodies or other certified entities to have access to
4250     the website for the purpose of posting and modifying public information; and
4251          (c) maintaining an archive of all public information posted to the website.
4252          (8) A public body is responsible for the content the public body is required to post to
4253     the website and the timing of posting of that information.
4254          Section 94. Section 63A-16-602, which is renumbered from Section 63F-1-702 is
4255     renumbered and amended to read:
4256          [63F-1-702].      63A-16-602. Notice and training by the Division of Archives
4257     and Records Service.
4258          (1) The [division] Division of Archives and Records Service shall provide notice of the
4259     provisions and requirements of this chapter to all public bodies that are subject to the provision
4260     of Subsection 52-4-202(3)(a)(ii).
4261          (2) The [division] Division of Archives and Records Service shall, as necessary,
4262     provide periodic training on the use of the Utah Public Notice Website to public bodies that are
4263     authorized to post notice on the website.
4264          Section 95. Section 63A-16-701, which is renumbered from Section 63F-2-102 is
4265     renumbered and amended to read:
4266     
Part 7. Data Security Management Council

4267          [63F-2-102].      63A-16-701. Data Security Management Council --
4268     Membership -- Duties.
4269          (1) There is created the Data Security Management Council [composed of] comprising
4270     eight members as follows:
4271          (a) the chief information officer appointed under Section [63F-1-201] 63A-16-201, or
4272     the chief information officer's designee;

4273          (b) one individual appointed by the governor;
4274          (c) one individual appointed by the speaker of the House of Representatives and the
4275     president of the Senate; and
4276          (d) the highest ranking information technology official, or the highest ranking
4277     information technology official's designee, from each of:
4278          (i) the Judicial Council;
4279          (ii) the Utah Board of Higher Education;
4280          (iii) the State Board of Education;
4281          (iv) the State Tax Commission; and
4282          (v) the Office of the Attorney General.
4283          (2) The council shall elect a chair of the council by majority vote.
4284          (3) (a) A majority of the members of the council constitutes a quorum.
4285          (b) Action by a majority of a quorum of the council constitutes an action of the council.
4286          (4) The [Department] Division of Technology Services shall provide staff to the
4287     council.
4288          (5) The council shall meet quarterly, or as often as necessary, to:
4289          (a) review existing state government data security policies;
4290          (b) assess ongoing risks to state government information technology;
4291          (c) create a method to notify state and local government entities of new risks;
4292          (d) coordinate data breach simulation exercises with state and local government
4293     entities; and
4294          (e) develop data security best practice recommendations for state government that
4295     include recommendations regarding:
4296          (i) hiring and training a chief information security officer for each government entity;
4297          (ii) continuous risk monitoring;
4298          (iii) password management;
4299          (iv) using the latest technology to identify and respond to vulnerabilities;
4300          (v) protecting data in new and old systems; and
4301          (vi) best procurement practices.
4302          (6) A member who is not a member of the Legislature may not receive compensation
4303     or benefits for the member's service but may receive per diem and travel expenses as provided

4304     in:
4305          (a) Section 63A-3-106;
4306          (b) Section 63A-3-107; and
4307          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
4308          Section 96. Section 63A-16-702, which is renumbered from Section 63F-2-103 is
4309     renumbered and amended to read:
4310          [63F-2-103].      63A-16-702. Data Security Management Council -- Report to
4311     Legislature -- Recommendations.
4312          (1) The council chair or the council chair's designee shall report annually no later than
4313     October 1 of each year to the Public Utilities, Energy, and Technology Interim Committee.
4314          (2) The council's annual report shall contain:
4315          (a) a summary of topics the council studied during the year;
4316          (b) best practice recommendations for state government; and
4317          (c) recommendations for implementing the council's best practice recommendations.
4318          Section 97. Section 63A-16-801, which is renumbered from Section 63F-3-102 is
4319     renumbered and amended to read:
4320     
Part 8. Single Sign-on Portal

4321          [63F-3-102].      63A-16-801. Definitions.
4322          As used in this [chapter] part:
4323          (1) "Business data" means data collected by the state about a person doing business in
4324     the state.
4325          (2) "Single sign-on business portal" means the web portal described in Section
4326     [63F-3-103] 63A-16-802.
4327          (3) "Single sign-on citizen portal" means the web portal described in Section
4328     [63F-3-103.5] 63A-16-803.
4329          (4) "Web portal" means an Internet webpage that can be accessed by a person that
4330     enters the person's unique user information in order to access secure information.
4331          Section 98. Section 63A-16-802, which is renumbered from Section 63F-3-103 is
4332     renumbered and amended to read:
4333          [63F-3-103].      63A-16-802. Single sign-on business portal -- Creation.
4334          (1) The [department] division shall, in consultation with the entities described in

4335     Subsection (4), design and create a single sign-on business portal that is:
4336          (a) a web portal through which a person may access data described in Subsection (2),
4337     as agreed upon by the entities described in Subsection (4); and
4338          (b) secure, centralized, and interconnected.
4339          (2) The [department] division shall ensure that the single sign-on business portal
4340     allows a person doing business in the state to access, at a single point of entry, all relevant
4341     state-collected business data about the person, including information related to:
4342          (a) business registration;
4343          (b) workers' compensation;
4344          (c) beginning December 1, 2020, tax liability and payment; and
4345          (d) other information collected by the state that the department determines is relevant
4346     to a person doing business in the state.
4347          (3) The [department] division shall develop the single sign-on business portal:
4348          (a) using an open platform that:
4349          (i) facilitates participation in the web portal by a state entity;
4350          (ii) allows for optional participation by a political subdivision of the state; and
4351          (iii) contains a link to the State Tax Commission website; and
4352          (b) in a manner that anticipates the creation of the single sign-on citizen portal
4353     described in Section [63F-3-103.5] 63A-16-803.
4354          (4) In developing the single sign-on business portal, the [department] division shall
4355     consult with:
4356          (a) the Department of Commerce;
4357          (b) the State Tax Commission;
4358          (c) the Labor Commission;
4359          (d) the Department of Workforce Services;
4360          (e) the Governor's Office of Management and Budget;
4361          (f) the Utah League of Cities and Towns;
4362          (g) the Utah Association of Counties; and
4363          (h) the business community that is likely to use the single sign-on business portal.
4364          (5) The [department] division shall ensure that the single sign-on business portal is
4365     fully operational no later than May 1, 2021.

4366          Section 99. Section 63A-16-803, which is renumbered from Section 63F-3-103.5 is
4367     renumbered and amended to read:
4368          [63F-3-103.5].      63A-16-803. Single sign-on citizen portal -- Creation.
4369          (1) The [department] division shall, in consultation with the entities described in
4370     Subsection (4), design and create a single sign-on citizen portal that is:
4371          (a) a web portal through which an individual may access information and services
4372     described in Subsection (2), as agreed upon by the entities described in Subsection (4); and
4373          (b) secure, centralized, and interconnected.
4374          (2) The [department] division shall ensure that the single sign-on citizen portal allows
4375     an individual, at a single point of entry, to:
4376          (a) access and submit an application for:
4377          (i) medical and support programs including:
4378          (A) a medical assistance program administered under Title 26, Chapter 18, Medical
4379     Assistance Act, including Medicaid;
4380          (B) the Children's Health Insurance Program under Title 26, Chapter 40, Utah
4381     Children's Health Insurance Act;
4382          (C) the Primary Care Network as defined in Section 26-18-416; and
4383          (D) the Women, Infants, and Children program administered under 42 U.S.C. Sec.
4384     1786;
4385          (ii) unemployment insurance under Title 35A, Chapter 4, Employment Security Act;
4386          (iii) workers' compensation under Title 34A, Chapter 2, Workers' Compensation Act;
4387          (iv) employment with a state agency;
4388          (v) a driver license or state identification card renewal under Title 53, Chapter 3,
4389     Uniform Driver License Act;
4390          (vi) a birth or death certificate under Title 26, Chapter 2, Utah Vital Statistics Act; and
4391          (vii) a hunting or fishing license under Title 23, Chapter 19, Licenses, Permits, and
4392     Tags;
4393          (b) access the individual's:
4394          (i) transcripts from an institution of higher education described in Section 53B-2-101;
4395     and
4396          (ii) immunization records maintained by the Utah Department of Health;

4397          (c) register the individual's vehicle under Title 41, Chapter 1a, Part 2, Registration,
4398     with the Motor Vehicle Division of the State Tax Commission;
4399          (d) file the individual's state income taxes under Title 59, Chapter 10, Individual
4400     Income Tax Act, beginning December 1, 2020;
4401          (e) access information about positions available for employment with the state; and
4402          (f) access any other service or information the department determines is appropriate in
4403     consultation with the entities described in Subsection (4).
4404          (3) The [department] division shall develop the single sign-on citizen portal using an
4405     open platform that:
4406          (a) facilitates participation in the portal by a state entity;
4407          (b) allows for optional participation in the portal by a political subdivision of the state;
4408     and
4409          (c) contains a link to the State Tax Commission website.
4410          (4) In developing the single sign-on citizen portal, the department shall consult with:
4411          (a) each state executive branch agency that administers a program, provides a service,
4412     or manages applicable information described in Subsection (2);
4413          (b) the Utah League of Cities and Towns;
4414          (c) the Utah Association of Counties; and
4415          (d) other appropriate state executive branch agencies.
4416          (5) The [department] division shall ensure that the single sign-on citizen portal is fully
4417     operational no later than January 1, 2025.
4418          Section 100. Section 63A-16-804, which is renumbered from Section 63F-3-104 is
4419     renumbered and amended to read:
4420          [63F-3-104].      63A-16-804. Report.
4421          (1) The [department] division shall report to the Public Utilities, Energy, and
4422     Technology Interim Committee before November 30 of each year regarding:
4423          (a) the progress the [department] division has made in developing the single sign-on
4424     business portal and the single sign-on citizen portal and, once that development is complete,
4425     regarding the operation of the single sign-on business portal and the single sign-on citizen
4426     portal;
4427          (b) the [department's] division's goals and plan for each of the next five years to fulfill

4428     the [department's] division's` responsibilities described in this part; and
4429          (c) whether the [department] division recommends any change to the single sign-on fee
4430     being charged under Section 13-1-2.
4431          (2) The Public Utilities, Energy, and Technology Interim Committee shall annually:
4432          (a) review the single sign-on fee being charged under Section 13-1-2;
4433          (b) determine whether the revenue from the single sign-on fee is adequate for designing
4434     and developing and then, once developed, operating and maintaining the single sign-on web
4435     portal; and
4436          (c) make any recommendation to the Legislature that the committee considers
4437     appropriate concerning:
4438          (i) the single sign-on fee; and
4439          (ii) the development or operation of the single sign-on business portal and the single
4440     sign-on citizen portal.
4441          Section 101. Section 63A-16-901, which is renumbered from Section 63F-4-102 is
4442     renumbered and amended to read:
4443     
Part 9. Technology Innovation Act

4444          [63F-4-102].      63A-16-901. Definitions.
4445          As used in this [chapter] part:
4446          (1) "Executive branch agency" means a department, division, or other agency within
4447     the executive branch of state government.
4448          (2) "Governor's budget office" means the Governor's Office of Management and
4449     Budget, created in Section 63J-4-201.
4450          (3) "Review board" means the Architecture Review Board established within the
4451     department.
4452          (4) "Technology innovation" means a new information technology not previously in
4453     use or a substantial adaptation or modification of an existing information technology.
4454          (5) "Technology proposal" means a proposal to implement a technology innovation
4455     designed to result in a greater efficiency in a government process or a cost saving in the
4456     delivery of a government service, or both.
4457          Section 102. Section 63A-16-902, which is renumbered from Section 63F-4-201 is
4458     renumbered and amended to read:

4459          [63F-4-201].      63A-16-902. Submitting a technology proposal -- Review
4460     process.
4461          (1) Multiple executive branch agencies may jointly submit to the chief information
4462     officer a technology proposal, on a form or in a format specified by the [department] division.
4463          (2) The chief information officer shall transmit to the review board each technology
4464     proposal the chief information officer determines meets the form or format requirements of the
4465     [department] division.
4466          (3) The review board shall:
4467          (a) conduct a technical review of a technology proposal transmitted by the chief
4468     information officer;
4469          (b) determine whether the technology proposal merits further review and consideration
4470     by the chief information officer, based on the technology proposal's likelihood to:
4471          (i) be capable of being implemented effectively; and
4472          (ii) result in greater efficiency in a government process or a cost saving in the delivery
4473     of a government service, or both; and
4474          (c) transmit a technology proposal to the chief information officer and to the governor's
4475     budget office, if the review board determines that the technology proposal merits further review
4476     and consideration by the chief information officer.
4477          Section 103. Section 63A-16-903, which is renumbered from Section 63F-4-202 is
4478     renumbered and amended to read:
4479          [63F-4-202].      63A-16-903. Chief information officer review and approval
4480     of technology proposals.
4481          (1) The chief information officer shall review and evaluate each technology proposal
4482     that the review board transmits to the chief information officer.
4483          (2) The chief information officer may approve and recommend that the [department]
4484     division provide funding from legislative appropriations for a technology proposal if, after the
4485     chief information officer's review and evaluation of the technology proposal:
4486          (a) the chief information officer determines that there is a reasonably good likelihood
4487     that the technology proposal:
4488          (i) is capable of being implemented effectively; and
4489          (ii) will result in greater efficiency in a government process or a cost saving in the

4490     delivery of a government service, or both; and
4491          (b) the chief information officer receives approval from the governor's budget office
4492     for the technology proposal.
4493          (3) The chief information officer may:
4494          (a) prioritize multiple approved technology proposals based on their relative likelihood
4495     of achieving the goals described in Subsection (2); and
4496          (b) recommend funding based on the chief information officer's prioritization under
4497     Subsection (3)(a).
4498          (4) The [department] division shall:
4499          (a) track the implementation and success of a technology proposal approved by the
4500     chief information officer;
4501          (b) evaluate the level of the technology proposal's implementation effectiveness and
4502     whether the implementation results in greater efficiency in a government process or a cost
4503     saving in the delivery of a government service, or both; and
4504          (c) report the results of the [department's] division's tracking and evaluation:
4505          (i) to the chief information officer, as frequently as the chief information officer
4506     requests; and
4507          (ii) at least annually to the Public Utilities, Energy, and Technology Interim
4508     Committee.
4509          (5) The [department] division may expend money appropriated by the Legislature to
4510     pay for expenses incurred by executive branch agencies in implementing a technology proposal
4511     that the chief information officer has approved.
4512          Section 104. Section 63A-17-101, which is renumbered from Section 67-19-1 is
4513     renumbered and amended to read:
4514     
CHAPTER 17. UTAH STATE PERSONNEL MANAGEMENT ACT

4515     
Part 1. General Provisions

4516          [67-19-1].      63A-17-101. Title.
4517          This chapter [shall be known and may be cited] is known as the "Utah State Personnel
4518     Management Act."
4519          Section 105. Section 63A-17-102, which is renumbered from Section 67-19-3 is
4520     renumbered and amended to read:

4521          [67-19-3].      63A-17-102. Definitions.
4522          As used in this chapter:
4523          (1) "Agency" means any department or unit of Utah state government with authority to
4524     employ personnel.
4525          (2) "Career service" means positions under schedule B as defined in Section [67-19-15]
4526     63A-17-301.
4527          (3) "Career service employee" means an employee who has successfully completed a
4528     probationary period of service in a position covered by the career service.
4529          (4) "Career service status" means status granted to employees who successfully
4530     complete probationary periods for competitive career service positions.
4531          (5) "Classified service" means those positions subject to the classification and
4532     compensation provisions of Section [67-19-12] 63A-17-307.
4533          (6) "Controlled substance" means controlled substance as defined in Section 58-37-2.
4534          (7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
4535     employee's current actual wage.
4536          (b) "Demotion" does not mean:
4537          (i) a nondisciplinary movement of an employee to another position without a reduction
4538     in the current actual wage; or
4539          (ii) a reclassification of an employee's position under the provisions of Subsection
4540     [67-19-12] 63A-17-307(3) and rules made by the department.
4541          [(8) "Department" means the Department of Human Resource Management.]
4542          (8) "Director" means the director of the division.
4543          (9) "Disability" means a physical or mental disability as defined and protected under
4544     the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
4545          (10) "Division" means the Division of Human Resource Management, created in
4546     Section 63A-17-105.
4547          [(10)] (11) "Employee" means any individual in a paid status covered by the career
4548     service or classified service provisions of this chapter.
4549          [(11)] (12) "Examining instruments" means written or other types of proficiency tests.
4550          [(12) "Executive director," except where otherwise specified, means the executive
4551     director of the Department of Human Resource Management.]

4552          (13) "Human resource function" means those duties and responsibilities specified:
4553          (a) under Section [67-19-6] 63A-17-106;
4554          (b) under rules of the [department] division; and
4555          (c) under other state or federal statute.
4556          (14) "Market comparability adjustment" means a salary range adjustment determined
4557     necessary through a market survey of salary data and other relevant information.
4558          (15) "Probationary employee" means an employee serving a probationary period in a
4559     career service position but who does not have career service status.
4560          (16) "Probationary period" means that period of time determined by the [department]
4561     division that an employee serves in a career service position as part of the hiring process before
4562     career service status is granted to the employee.
4563          (17) "Probationary status" means the status of an employee between the employee's
4564     hiring and the granting of career service status.
4565          (18) "Structure adjustment" means a [department] division modification of salary
4566     ranges.
4567          (19) "Temporary employee" means career service exempt employees described in
4568     Subsection [67-19-15] 63A-17-301(1)(q).
4569          (20) "Total compensation" means salaries and wages, bonuses, paid leave, group
4570     insurance plans, retirement, and all other benefits offered to state employees as inducements to
4571     work for the state.
4572          Section 106. Section 63A-17-103, which is renumbered from Section 67-19-3.1 is
4573     renumbered and amended to read:
4574          [67-19-3.1].      63A-17-103. Principles guiding interpretation of chapter and
4575     adoption of rules.
4576          (1) The [department] division shall establish a career service system designed in a
4577     manner that will provide for the effective implementation of the following merit principles:
4578          (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
4579     knowledge, and skills, including open consideration of qualified applicants for initial
4580     appointment;
4581          (b) providing for equitable and competitive compensation;
4582          (c) training employees as needed to assure high-quality performance;

4583          (d) retaining employees on the basis of the adequacy of their performance and
4584     separating employees whose inadequate performance cannot be corrected;
4585          (e) fair treatment of applicants and employees in all aspects of human resource
4586     administration without regard to race, color, religion, sex, national origin, political affiliation,
4587     age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
4588          (f) providing information to employees regarding their political rights and the
4589     prohibited practices under the Hatch Act; and
4590          (g) providing a formal procedure for advancing grievances of employees:
4591          (i) without discrimination, coercion, restraint, or reprisal; and
4592          (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
4593     agency.
4594          (2) The principles in Subsection (1) shall govern interpretation and implementation of
4595     this chapter.
4596          Section 107. Section 63A-17-104, which is renumbered from Section 67-19-4 is
4597     renumbered and amended to read:
4598          [67-19-4].      63A-17-104. Discriminatory or prohibited employment practices.
4599          The state, [its] the state's officers, and employees shall be governed by the provisions of
4600     Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited
4601     employment practices.
4602          Section 108. Section 63A-17-105, which is renumbered from Section 67-19-5 is
4603     renumbered and amended to read:
4604          [67-19-5].      63A-17-105. Division of Human Resource Management created --
4605     Director -- Staff.
4606          (1) There is created [the Department] within the department, the Division of Human
4607     Resource Management.
4608          (2) (a) The [department] division shall be administered by [an executive] a director
4609     appointed by the [governor with the consent of the Senate] executive director, with the
4610     approval of the governor.
4611          (b) The [executive] director shall be a person with experience in human resource
4612     management and shall be accountable to the [governor for the] executive director for the
4613     director's performance in office.

4614          [(3) The executive director may:]
4615          [(a) appoint a personal secretary and a deputy director, both of whom shall be exempt
4616     from career service; and]
4617          [(b) appoint division directors and program managers who may be career service
4618     exempt.]
4619          [(4) (a) The executive director shall have full responsibility and accountability for the
4620     administration of the statewide human resource management system.]
4621          [(b) Except as provided in Section 67-19-6.1, an agency may not perform human
4622     resource functions without the consent of the executive director.]
4623          [(5) Statewide human resource management rules adopted by the Department of
4624     Human Resource Management in accordance with Title 63G, Chapter 3, Utah Administrative
4625     Rulemaking Act, shall take precedence if there is a conflict with agency rules, policies, or
4626     practices.]
4627          [(6) The department may operate as an internal service fund agency in accordance with
4628     Section 63J-1-410 for the human resource functions the department provides.]
4629          (3) The director shall advise the governor on human resource matters.
4630          Section 109. Section 63A-17-106, which is renumbered from Section 67-19-6 is
4631     renumbered and amended to read:
4632          [67-19-6].      63A-17-106. Responsibilities of the director.
4633          (1) The director shall have full responsibility and accountability for the administration
4634     of the statewide human resource management system.
4635          (2) Except as provided in Section 63A-17-201, an agency may not perform human
4636     resource functions without the consent of the director.
4637          (3) Statewide human resource management rules adopted by the division in accordance
4638     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if there
4639     is a conflict with agency rules, policies, or practices.
4640          (4) The division may operate as an internal service fund agency in accordance with
4641     Section 63J-1-410 for the human resource functions the division provides.
4642          [(1)] (5) The [executive] director shall:
4643          (a) develop, implement, and administer a statewide program of human resource
4644     management that will:

4645          (i) aid in the efficient execution of public policy;
4646          (ii) foster careers in public service for qualified employees; and
4647          (iii) render assistance to state agencies in performing their missions;
4648          (b) design and administer the state pay plan;
4649          (c) design and administer the state classification system and procedures for determining
4650     schedule assignments;
4651          (d) design and administer the state recruitment and selection system;
4652          (e) administer agency human resource practices and ensure compliance with federal
4653     law, state law, and state human resource rules, including equal employment opportunity;
4654          (f) consult with agencies on decisions concerning employee corrective action and
4655     discipline;
4656          (g) maintain central personnel records;
4657          (h) perform those functions necessary to implement this chapter unless otherwise
4658     assigned or prohibited;
4659          (i) perform duties assigned by the governor, executive director, or statute;
4660          (j) adopt rules for human resource management according to the procedures of Title
4661     63G, Chapter 3, Utah Administrative Rulemaking Act;
4662          (k) establish and maintain a management information system that will furnish the
4663     governor, the Legislature, and agencies with current information on authorized positions,
4664     payroll, and related matters concerning state human resources;
4665          (l) conduct research and planning activities to:
4666          (i) determine and prepare for future state human resource needs;
4667          (ii) develop methods for improving public human resource management; and
4668          (iii) propose needed policy changes to the governor;
4669          (m) study the character, causes, and extent of discrimination in state employment and
4670     develop plans for its elimination through programs consistent with federal and state laws
4671     governing equal employment opportunity in employment;
4672          (n) when requested by charter schools or counties, municipalities, and other political
4673     subdivisions of the state, provide technical service, training recommendations, or advice on
4674     human resource management at a charge determined by the [executive] director;
4675          (o) establish compensation policies and procedures for early voluntary retirement;

4676          (p) confer with the heads of other agencies about human resource policies and
4677     procedures;
4678          (q) submit an annual report to the executive director, the governor, and the Legislature;
4679     and
4680          (r) assist with the development of a vacant position report required under Subsection
4681     63J-1-201(2)(b)(vi).
4682          [(2)] (6) (a) After consultation with the executive director, the governor, and the heads
4683     of other agencies, the [executive] director shall establish and coordinate statewide training
4684     programs, including and subject to available funding, the development of manager and
4685     supervisor training.
4686          (b) The programs developed under this Subsection [(2)] (6) shall have application to
4687     more than one agency.
4688          (c) The [department] division may not establish training programs that train employees
4689     to perform highly specialized or technical jobs and tasks.
4690          (d) The [department] division shall ensure that any training program described in this
4691     Subsection [(2)] (6) complies with Title 63G, Chapter 22, State Training and Certification
4692     Requirements.
4693          [(3)] (7) (a) (i) The [department] division may collect fees for training as authorized by
4694     this Subsection [(3)] (7).
4695          (ii) Training funded from General Fund appropriations shall be treated as a separate
4696     program within the department budget.
4697          (iii) All money received from fees under this section will be accounted for by the
4698     department as a separate user driven training program.
4699          (iv) The user training program includes the costs of developing, procuring, and
4700     presenting training and development programs, and other associated costs for these programs.
4701          (b) (i) Funds remaining at the end of the fiscal year in the user training program are
4702     nonlapsing.
4703          (ii) Each year, as part of the appropriations process, the Legislature shall review the
4704     amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
4705     the department to lapse a portion of the funds.
4706          Section 110. Section 63A-17-107 is enacted to read:

4707          63A-17-107. Services and fees -- Submission to rate committee.
4708          The director shall, before charging a fee for services provided by the division's internal
4709     service fund to an executive branch agency:
4710          (1) submit the proposed rates, fees, and cost analysis to the rate committee established
4711     in Section 63A-1-114; and
4712          (2) obtain the approval of the Legislature as required under Section 63J-1-410.
4713          Section 111. Section 63A-17-108, which is renumbered from Section 67-19-26 is
4714     renumbered and amended to read:
4715          [67-19-26].      63A-17-108. Severability of provisions -- Compliance with
4716     requirements for federally aided programs.
4717          (1) If any provision of this chapter or of any regulation or order issued thereunder or
4718     the application of any provision of this chapter to any person or circumstance is held invalid,
4719     the remainder of this chapter and the application of provision of this chapter or regulation or
4720     orders issued under it to persons or circumstances other than those to which it is held invalid
4721     shall still be regarded as having the force and effect of law.
4722          (2) If any part of this chapter is found to be in conflict with federal requirements which
4723     are a condition precedent to the allocation of federal funds to the state, the conflicting part of
4724     this chapter shall be inoperative solely to the extent of the conflict and with respect to the
4725     agencies directly affected, and such findings shall not affect the operation of the remainder of
4726     this chapter in its application to the agencies concerned.
4727          (3) Notwithstanding any provisions in this chapter to the contrary, no regulation shall
4728     be adopted which would deprive the state or any of its departments or institutions of federal
4729     grants or other forms of financial assistance, and the rules and regulations promulgated
4730     hereunder shall include standards, provisions, terms, and conditions for personnel engaged in
4731     the administration of federally aided programs, which shall, in all respects, comply with the
4732     necessary requirements for a qualified human resource system under the standards applicable to
4733     personnel engaged in the administration of federally aided programs.
4734          Section 112. Section 63A-17-201, which is renumbered from Section 67-19-6.1 is
4735     renumbered and amended to read:
4736     
Part 2. Offices and Facilities

4737          [67-19-6.1].      63A-17-201. Division field offices.

4738          (1) The [executive director of the Department of Human Resource Management]
4739     director may establish a field office in an agency.
4740          (2) The [executive] director may assign an employee of the [department] division to act
4741     as field office staff.
4742          (3) The [executive] director and agency head shall sign an agreement, to be reviewed
4743     annually, that specifies:
4744          (a) the services to be provided by the [department] division;
4745          (b) the use of agency facilities and equipment by the field office;
4746          (c) protocols to resolve discrepancies between agency practice and [Department of
4747     Human Resource Management] division policy; and
4748          (d) any other issue necessary for the proper functioning of the field office.
4749          (4) Unless otherwise provided for in the field office agreement, the agency shall:
4750          (a) assign responsibilities and duties to its employees;
4751          (b) conduct performance appraisals;
4752          (c) discipline [its] the agency's employees in consultation with the [department]
4753     division; and
4754          (d) maintain individual personnel records.
4755          Section 113. Section 63A-17-202, which is renumbered from Section 67-19-11 is
4756     renumbered and amended to read:
4757          [67-19-11].      63A-17-202. Use of facilities -- Field office facilities cost allocation.
4758          (1) [(a)] An agency or a political subdivision of the state shall allow the [department]
4759     division to use public buildings under the agency's of the political subdivision's control, and
4760     furnish heat, light, and furniture, for any examination, training, hearing, or investigation
4761     authorized by this chapter.
4762          [(b)] (2) An agency or political subdivision that allows the [department] division to use
4763     a public building under Subsection (1)[(a)] shall pay the cost of the [department's] division's
4764     use of the public building.
4765          [(2) The executive director shall:]
4766          [(a) prepare an annual budget request for the department;]
4767          [(b) submit the budget request to the governor and the Legislature; and]
4768          [(c) before charging a fee for services provided by the department's internal service

4769     fund to an executive branch agency:]
4770          [(i) submit the proposed rates, fees, and cost analysis to the Rate Committee
4771     established under Subsection (3); and]
4772          [(ii) obtain the approval of the Legislature as required under Section 63J-1-410.]
4773          [(3) (a) There is created a rate committee that shall consist of the executive directors of
4774     seven state agencies that use services and pay rates to one of the department internal service
4775     funds, or their designee, appointed by the governor for a two-year term.]
4776          [(b) (i) Of the seven executive agencies represented on the rate committee under
4777     Subsection (3)(a), only one of the following may be represented on the committee, if at all, at
4778     any one time:]
4779          [(A) the Governor's Office of Management and Budget;]
4780          [(B) the Division of Finance;]
4781          [(C) the Department of Administrative Services; or]
4782          [(D) the Department of Technology Services.]
4783          [(ii) The department may not have a representative on the rate committee.]
4784          [(c) (i) The rate committee shall elect a chair from the rate committee's members.]
4785          [(ii) Each member of the rate committee who is a state government employee and who
4786     does not receive salary, per diem, or expenses from the member's agency for the member's
4787     service on the rate committee shall receive no compensation, benefits, per diem, or expenses
4788     for the member's service on the rate committee.]
4789          [(d) The department shall provide staff services to the rate committee.]
4790          [(4) (a) The department shall submit to the rate committee a proposed rate and fee
4791     schedule for:]
4792          [(i) human resource management services rendered; and]
4793          [(ii) costs incurred by the Office of the Attorney General in defending the state in a
4794     grievance under review by the Career Service Review Office.]
4795          [(b) The rate committee shall:]
4796          [(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public
4797     Meetings Act;]
4798          [(ii) meet at least once each calendar year to:]
4799          [(A) discuss the service performance of each internal service fund;]

4800          [(B) review the proposed rate and fee schedules;]
4801          [(C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
4802     schedules described in Subsection (4)(b)(ii)(B); and]
4803          [(D) discuss any prior or potential adjustments to the service level received by state
4804     agencies that pay rates to an internal service fund;]
4805          [(iii) recommend a proposed rate and fee schedule for the internal service fund to:]
4806          [(A) the Governor's Office of Management and Budget; and]
4807          [(B) each legislative appropriations subcommittee that, in accordance with Section
4808     63J-1-410, approves the internal service fund rates, fees, and budget; and]
4809          [(iv) review and approve, increase or decrease an interim rate, fee, or amount when the
4810     department begins a new service or introduces a new product between annual general sessions
4811     of the Legislature.]
4812          [(c) The committee may in accordance with Subsection 63J-1-410(4) decrease a rate,
4813     fee, or amount that has been approved by the Legislature.]
4814          Section 114. Section 63A-17-301, which is renumbered from Section 67-19-15 is
4815     renumbered and amended to read:
4816     
Part 3. Classification and Career Service

4817          [67-19-15].      63A-17-301. Career service -- Exempt positions -- Schedules for
4818     civil service positions -- Coverage of career service provisions.
4819          (1) Except as otherwise provided by law or by rules and regulations established for
4820     federally aided programs, the following positions are exempt from the career service provisions
4821     of this chapter and are designated under the following schedules:
4822          (a) schedule AA includes the governor, members of the Legislature, and all other
4823     elected state officers;
4824          (b) schedule AB includes appointed executives and board or commission executives
4825     enumerated in Section 67-22-2;
4826          (c) schedule AC includes all employees and officers in:
4827          (i) the office and at the residence of the governor;
4828          (ii) the Public Lands Policy Coordinating Council;
4829          (iii) the Office of the State Auditor; and
4830          (iv) the Office of the State Treasurer;

4831          (d) schedule AD includes employees who:
4832          (i) are in a confidential relationship to an agency head or commissioner; and
4833          (ii) report directly to, and are supervised by, a department head, commissioner, or
4834     deputy director of an agency or its equivalent;
4835          (e) schedule AE includes each employee of the State Board of Education that the State
4836     Board of Education designates as exempt from the career service provisions of this chapter;
4837          (f) schedule AG includes employees in the Office of the Attorney General who are
4838     under their own career service pay plan under Sections 67-5-7 through 67-5-13;
4839          (g) schedule AH includes:
4840          (i) teaching staff of all state institutions; and
4841          (ii) employees of the Utah Schools for the Deaf and the Blind who are:
4842          (A) educational interpreters as classified by the [department] division; or
4843          (B) educators as defined by Section 53E-8-102;
4844          (h) schedule AN includes employees of the Legislature;
4845          (i) schedule AO includes employees of the judiciary;
4846          (j) schedule AP includes all judges in the judiciary;
4847          (k) schedule AQ includes:
4848          (i) members of state and local boards and councils appointed by the governor and
4849     governing bodies of agencies;
4850          (ii) a water commissioner appointed under Section 73-5-1;
4851          (iii) other local officials serving in an ex officio capacity; and
4852          (iv) officers, faculty, and other employees of state universities and other state
4853     institutions of higher education;
4854          (l) schedule AR includes employees in positions that involve responsibility:
4855          (i) for determining policy;
4856          (ii) for determining the way in which a policy is carried out; or
4857          (iii) of a type not appropriate for career service, as determined by the agency head with
4858     the concurrence of the [executive] director;
4859          (m) schedule AS includes any other employee:
4860          (i) whose appointment is required by statute to be career service exempt;
4861          (ii) whose agency is not subject to this chapter; or

4862          (iii) whose agency has authority to make rules regarding the performance,
4863     compensation, and bonuses for its employees;
4864          (n) schedule AT includes employees of the [Department] Division of Technology
4865     Services, designated as executive/professional positions by the [executive] director of the
4866     [Department] Division of Technology Services with the concurrence of the [executive] director
4867     of the division;
4868          (o) schedule AU includes patients and inmates employed in state institutions;
4869          (p) employees of the Department of Workforce Services, designated as schedule AW:
4870          (i) who are temporary employees that are federally funded and are required to work
4871     under federally qualified merit principles as certified by the director; or
4872          (ii) for whom substantially all of their work is repetitive, measurable, or transaction
4873     based, and who voluntarily apply for and are accepted by the Department of Workforce
4874     Services to work in a pay for performance program designed by the Department of Workforce
4875     Services with the concurrence of the [executive] director of the division; and
4876          (q) for employees in positions that are temporary, seasonal, time limited, funding
4877     limited, or variable hour in nature, under schedule codes and parameters established by the
4878     [department] division by administrative rule.
4879          (2) The civil service shall consist of two schedules as follows:
4880          (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
4881          (ii) Removal from any appointive position under schedule A, unless otherwise
4882     regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
4883          (b) Schedule B is the competitive career service schedule, consisting of:
4884          (i) all positions filled through competitive selection procedures as defined by the
4885     [executive] director; or
4886          (ii) positions filled through a [department] division approved on-the-job examination
4887     intended to appoint a qualified person with a disability, or a veteran in accordance with Title
4888     71, Chapter 10, Veterans Preference.
4889          (3) (a) The [executive] director, after consultation with the heads of concerned
4890     executive branch departments and agencies and with the approval of the governor, shall
4891     allocate positions to the appropriate schedules under this section.
4892          (b) Agency heads shall make requests and obtain approval from the [executive]

4893     director before changing the schedule assignment and tenure rights of any position.
4894          (c) Unless the [executive] director's decision is reversed by the governor, when the
4895     [executive] director denies an agency's request, the [executive] director's decision is final.
4896          (4) (a) Compensation for employees of the Legislature shall be established by the
4897     directors of the legislative offices in accordance with Section 36-12-7.
4898          (b) Compensation for employees of the judiciary shall be established by the state court
4899     administrator in accordance with Section 78A-2-107.
4900          (c) Compensation for officers, faculty, and other employees of state universities and
4901     institutions of higher education shall be established as provided in Title 53B, Chapter 1,
4902     Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
4903     Higher Education.
4904          (d) Unless otherwise provided by law, compensation for all other schedule A
4905     employees shall be established by their appointing authorities, within ranges approved by, and
4906     after consultation with the [executive] director [of the Department of Human Resource
4907     Management].
4908          (5) An employee who is in a position designated schedule AC and who holds career
4909     service status on June 30, 2010, shall retain the career service status if the employee:
4910          (a) remains in the position that the employee is in on June 30, 2010; and
4911          (b) does not elect to convert to career service exempt status in accordance with a rule
4912     made by the [department] division.
4913          Section 115. Section 63A-17-302, which is renumbered from Section 67-19-15.1 is
4914     renumbered and amended to read:
4915          [67-19-15.1].      63A-17-302. Implementation of exempt status for Schedule
4916     AD and AR employees.
4917          (1) As used in this section, "appointee" means:
4918          (a) a deputy director;
4919          (b) a division director;
4920          (c) any assistant directors and administrative assistants who report directly to a
4921     department head, deputy director, or their equivalent; and
4922          (d) any other person whose appointment is required by law to be approved by the
4923     governor.

4924          (2) After the effective date of this chapter, any new appointee is a merit exempt
4925     employee.
4926          (3) Notwithstanding the requirements of this chapter, any appointee who is currently a
4927     nonexempt employee does not lose that nonexempt status because of this chapter.
4928          (4) The [Department of Human Resource Management] division shall develop
4929     financial and other incentives to encourage appointees who are nonexempt to voluntarily
4930     convert to merit exempt status.
4931          Section 116. Section 63A-17-303, which is renumbered from Section 67-19-15.6 is
4932     renumbered and amended to read:
4933          [67-19-15.6].      63A-17-303. Longevity salary increases.
4934          (1) Except for those employees in schedules AB and AN, as provided under Section
4935     [67-19-15] 63A-17-301, and employees described in Subsection [67-19-15] 63A-17-301(1)(q),
4936     an employee shall receive an increase in salary of 2.75% if that employee:
4937          (a) holds a position under schedule A or B as provided under Section [67-19-15]
4938     63A-17-301;
4939          (b) has reached the maximum of the salary range in the position classification;
4940          (c) has been employed with the state for eight years; and
4941          (d) is rated eligible in job performance under guidelines established by the executive
4942     director.
4943          (2) Any employee who meets the criteria under Subsection (1) is entitled to the same
4944     increase in salary for each additional three years of employment if the employee maintains the
4945     eligibility standards established by the [department] division.
4946          Section 117. Section 63A-17-304, which is renumbered from Section 67-19-15.7 is
4947     renumbered and amended to read:
4948          [67-19-15.7].      63A-17-304. Promotion -- Reclassification -- Market
4949     adjustment.
4950          (1) (a) If an employee is promoted or the employee's position is reclassified to a higher
4951     salary range maximum, the agency shall place the employee within the new range of the
4952     position.
4953          (b) An agency may not set an employee's salary:
4954          (i) higher than the maximum in the new salary range; and

4955          (ii) lower than the minimum in the new salary range of the position.
4956          (c) Except for an employee described in Subsection [67-19-15] 63A-17-301(1)(q), the
4957     agency shall grant a salary increase of at least 5% to an employee who is promoted.
4958          (2) An agency shall adjust the salary range for an employee whose salary range is
4959     approved by the Legislature for a market comparability adjustment consistent with Subsection
4960     [67-19-12] 63A-17-307(5)(b)(i):
4961          (a) at the beginning of the next fiscal year; and
4962          (b) consistent with appropriations made by the Legislature.
4963          (3) [Department-initiated] Division-initiated revisions in the state classification system
4964     that result in consolidation or reduction of class titles or broadening of pay ranges:
4965          (a) may not be regarded as a reclassification of the position or promotion of the
4966     employee; and
4967          (b) are exempt from the provisions of Subsection (1).
4968          Section 118. Section 63A-17-305, which is renumbered from Section 67-19-16 is
4969     renumbered and amended to read:
4970          [67-19-16].      63A-17-305. Appointments to Schedule B positions -- Examinations
4971     -- Hiring lists -- Probationary service -- Dismissal.
4972          (1) Each appointment to a position under Schedule B shall be made from hiring lists of
4973     applicants who have been selected by competitive procedures as defined by the [executive]
4974     director.
4975          (2) The [executive] director shall publicly announce information regarding career
4976     service positions:
4977          (a) for periods of time to be determined by the [executive] director; and
4978          (b) in a manner designed to attract the highest number of qualified applicants.
4979          (3) The [executive] director shall make rules establishing standards for the
4980     development, approval, and implementation of examining processes, including establishing a
4981     department approved on the job examination to appoint a qualified person with a disability.
4982          (4) Applicants for employment to Schedule B positions shall be eligible for
4983     appointment based upon rules established by the [executive] director.
4984          (5) (a) The agency head shall make appointments to fill vacancies from hiring lists for
4985     probationary periods as defined by rule.

4986          (b) The [executive] director shall make rules establishing probationary periods.
4987          (6) A person serving a probationary period may not use the grievance procedures
4988     provided in this chapter and in Title 67, Chapter 19a, Grievance Procedures, and may be
4989     dismissed at any time by the appointing officer without hearing or appeal.
4990          (7) Career service status shall be granted upon the successful completion of the
4991     probationary period.
4992          Section 119. Section 63A-17-306, which is renumbered from Section 67-19-18 is
4993     renumbered and amended to read:
4994          [67-19-18].      63A-17-306. Dismissals and demotions -- Grounds -- Disciplinary
4995     action -- Procedure -- Reductions in force.
4996          (1) A career service employee may be dismissed or demoted:
4997          (a) to advance the good of the public service; or
4998          (b) for just causes, including inefficiency, incompetency, failure to maintain skills or
4999     adequate performance levels, insubordination, disloyalty to the orders of a superior,
5000     misfeasance, malfeasance, or nonfeasance in office.
5001          (2) An employee may not be dismissed because of race, sex, age, disability, national
5002     origin, religion, political affiliation, or other nonmerit factor including the exercise of rights
5003     under this chapter.
5004          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5005     [executive] director shall establish rules governing the procedural and documentary
5006     requirements of disciplinary dismissals and demotions.
5007          (4) If an agency head finds that a career service employee is charged with aggravated
5008     misconduct or that retention of a career service employee would endanger the peace and safety
5009     of others or pose a grave threat to the public interest, the employee may be suspended pending
5010     the administrative appeal to the department head as provided in Subsection (5).
5011          (5) (a) A career service employee may not be demoted or dismissed unless the
5012     department head or designated representative has complied with this subsection.
5013          (b) The department head or designated representative notifies the employee in writing
5014     of the reasons for the dismissal or demotion.
5015          (c) The employee has no less than five working days to reply and have the reply
5016     considered by the department head.

5017          (d) The employee has an opportunity to be heard by the department head or designated
5018     representative.
5019          (e) Following the hearing, the employee may be dismissed or demoted if the
5020     department head finds adequate cause or reason.
5021          (6) (a) Reductions in force required by inadequate funds, change of workload, or lack
5022     of work are governed by retention points established by the [executive] director.
5023          (b) Under those circumstances:
5024          (i) The agency head shall designate the category of work to be eliminated, subject to
5025     review by the [executive] director.
5026          (ii) Temporary and probationary employees shall be separated before any career service
5027     employee.
5028          (iii) (A) When more than one career service employee is affected, the employees shall
5029     be separated in the order of their retention points, the employee with the lowest points to be
5030     discharged first.
5031          (B) Retention points for each career service employee shall be computed according to
5032     rules established by the [executive] director, allowing appropriate consideration for proficiency
5033     and seniority in state government, including any active duty military service fulfilled
5034     subsequent to original state appointment.
5035          (c) (i) A career service employee who is separated in a reduction in force under this
5036     section shall be given preferential consideration when applying for a career service position.
5037          (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
5038     career service employee accepts a career service position.
5039          (iii) The [executive] director shall make rules in accordance with Title 63G, Chapter 3,
5040     Utah Administrative Rulemaking Act, concerning the manner of granting preferential
5041     consideration under Subsection (6)(c)(i).
5042          (d) (i) An employee separated due to a reduction in force may appeal to the department
5043     head for an administrative review.
5044          (ii) The notice of appeal must be submitted within 20 working days after the
5045     employee's receipt of written notification of separation.
5046          (iii) The employee may appeal the decision of the department head according to the
5047     grievance and appeals procedure of this chapter and Title 67, Chapter 19a, Grievance

5048     Procedures.
5049          Section 120. Section 63A-17-307, which is renumbered from Section 67-19-12 is
5050     renumbered and amended to read:
5051          [67-19-12].      63A-17-307. State pay plans -- Applicability of section --
5052     Exemptions -- Duties of director.
5053          (1) (a) This section, and the rules adopted by the [department] division to implement
5054     this section, apply to each career and noncareer employee not specifically exempted under
5055     Subsection (2).
5056          (b) If not exempted under Subsection (2), an employee is considered to be in classified
5057     service.
5058          (2) The following employees are exempt from this section:
5059          (a) members of the Legislature and legislative employees;
5060          (b) members of the judiciary and judicial employees;
5061          (c) elected members of the executive branch and employees designated as schedule AC
5062     as provided under Subsection [67-19-15] 63A-17-301(1)(c);
5063          (d) employees of the State Board of Education;
5064          (e) officers, faculty, and other employees of state institutions of higher education;
5065          (f) employees in a position that is specified by statute to be exempt from this
5066     Subsection (2);
5067          (g) employees in the Office of the Attorney General;
5068          (h) department heads and other persons appointed by the governor under statute;
5069          (i) schedule AS employees as provided under Subsection [67-19-15]
5070     63A-17-301(1)(m);
5071          (j) department deputy directors, division directors, and other employees designated as
5072     schedule AD as provided under Subsection [67-19-15] 63A-17-301(1)(d);
5073          (k) employees that determine and execute policy designated as schedule AR as
5074     provided under Subsection [67-19-15] 63A-17-301(1)(l);
5075          (l) teaching staff, educational interpreters, and educators designated as schedule AH as
5076     provided under Subsection [67-19-15] 63A-17-301(1)(g);
5077          (m) temporary employees described in Subsection [67-19-15] 63A-17-301(1)(q);
5078          (n) patients and inmates designated as schedule AU as provided under Subsection

5079     [67-19-15] 63A-17-301(1)(o) who are employed by state institutions; and
5080          (o) members of state and local boards and councils and other employees designated as
5081     schedule AQ as provided under Subsection [67-19-15] 63A-17-301(1)(k).
5082          (3) (a) The [executive] director shall prepare, maintain, and revise a position
5083     classification plan for each employee position not exempted under Subsection (2) to provide
5084     equal pay for equal work.
5085          (b) Classification of positions shall be based upon similarity of duties performed and
5086     responsibilities assumed, so that the same job requirements and the same salary range may be
5087     applied equitably to each position in the same class.
5088          (c) The [executive] director shall allocate or reallocate the position of each employee in
5089     classified service to one of the classes in the classification plan.
5090          (d) (i) The [department] division shall conduct periodic studies and interviews to
5091     provide that the classification plan remains reasonably current and reflects the duties and
5092     responsibilities assigned to and performed by employees.
5093          (ii) The [executive] director shall determine the need for studies and interviews after
5094     considering factors such as changes in duties and responsibilities of positions or agency
5095     reorganizations.
5096          (4) (a) With the approval of the executive director and the governor, the [executive]
5097     director shall develop and adopt pay plans for each position in classified service.
5098          (b) The [executive] director shall design each pay plan to achieve, to the degree that
5099     funds permit, comparability of state salary ranges to the market using data obtained from
5100     private enterprise and other public employment for similar work.
5101          (c) The [executive] director shall adhere to the following in developing each pay plan:
5102          (i) [Each] each pay plan shall consist of sufficient salary ranges to:
5103          (A) permit adequate salary differential among the various classes of positions in the
5104     classification plan; and
5105          (B) reflect the normal growth and productivity potential of employees in that class.
5106          (ii) The [executive] director shall issue rules for the administration of pay plans.
5107          (d) The establishing of a salary range is a nondelegable activity and is not appealable
5108     under the grievance procedures of [Sections 67-19-30 through 67-19-32, Chapter 19a,
5109     Grievance Procedures] Part 6, Grievance Provisions, Title 67, Chapter 19a, Grievance

5110     Provisions, or otherwise.
5111          (e) The [executive] director shall issue rules providing for:
5112          (i) agency approved salary adjustments within approved salary ranges, including an
5113     administrative salary adjustment;
5114          (ii) legislatively approved salary adjustments within approved salary ranges, including
5115     a merit increase, subject to Subsection (4)(f), or general increase; and
5116          (iii) structure adjustments that modify salary ranges, including a cost of living
5117     adjustment or market comparability adjustment.
5118          (f) A merit increase shall be granted on a uniform and consistent basis to each
5119     employee who receives a rating of "successful" or higher in an annual evaluation of the
5120     employee's productivity and performance.
5121          (5) (a) [By] On or before October 31 of each year, the [executive] director shall submit
5122     an annual compensation plan to the executive director and the governor for consideration in the
5123     executive budget.
5124          (b) The plan described in Subsection (5)(a) may include recommendations, including:
5125          (i) salary increases that generally affect employees, including a general increase or
5126     merit increase;
5127          (ii) salary increases that address compensation issues unique to an agency or
5128     occupation;
5129          (iii) structure adjustments, including a cost of living adjustment or market
5130     comparability adjustment; or
5131          (iv) changes to employee benefits.
5132          (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the [executive] director shall
5133     incorporate the results of a salary survey of a reasonable cross section of comparable positions
5134     in private and public employment in the state into the annual compensation plan.
5135          (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
5136     correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
5137     53-6-102, shall at minimum include the three largest political subdivisions in the state that
5138     employ, respectively, comparable positions.
5139          (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
5140     Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit

5141     Insurance Corporation, Federal Reserve, and National Credit Union Administration.
5142          (ii) The [executive] director may cooperate with or participate in any survey conducted
5143     by other public and private employers.
5144          (iii) The [executive] director shall obtain information for the purpose of constructing
5145     the survey from the Division of Workforce Information and Payment Services and shall include
5146     employer name, number of persons employed by the employer, employer contact information
5147     and job titles, county code, and salary if available.
5148          (iv) The [department] division shall acquire and protect the needed records in
5149     compliance with the provisions of Section 35A-4-312.
5150          (d) The [executive] director may incorporate any other relevant information in the plan
5151     described in Subsection (5)(a), including information on staff turnover, recruitment data, or
5152     external market trends.
5153          (e) The [executive] director shall:
5154          (i) establish criteria to assure the adequacy and accuracy of data used to make
5155     recommendations described in this Subsection (5); and
5156          (ii) when preparing recommendations use accepted methodologies and techniques
5157     similar to and consistent with those used in the private sector.
5158          (f) (i) Upon request and subject to Subsection (5)(f)(ii), the [department] division shall
5159     make available foundational information used by the [department] division or director in the
5160     drafting of a plan described in Subsection (5)(a), including:
5161          (A) demographic and labor market information;
5162          (B) information on employee turnover;
5163          (C) salary information;
5164          (D) information on recruitment; and
5165          (E) geographic data.
5166          (ii) The [department] division may not provide under Subsection (5)(f)(i) information
5167     or other data that is proprietary or otherwise protected under the terms of a contract or by law.
5168          (g) The governor shall:
5169          (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
5170     preparing the executive budget and shall recommend the method of distributing the
5171     adjustments;

5172          (ii) submit compensation recommendations to the Legislature; and
5173          (iii) support the recommendation with schedules indicating the cost to individual
5174     departments and the source of funds.
5175          (h) If funding is approved by the Legislature in a general appropriations act, the
5176     adjustments take effect on the July 1 following the enactment unless otherwise indicated.
5177          (6) (a) The [executive] director shall issue rules for the granting of incentive awards,
5178     including awards for cost saving actions, awards for commendable actions by an employee, or
5179     a market-based award to attract or retain employees.
5180          (b) An agency may not grant a market-based award unless the award is previously
5181     approved by the [department] division.
5182          (c) In accordance with Subsection (6)(b), an agency requesting the [department's]
5183     division's approval of a market-based award shall submit a request and documentation, subject
5184     to Subsection (6)(d), to the [department] division.
5185          (d) In the documentation required in Subsection (6)(c), the requesting agency shall
5186     identify for the [department] division:
5187          (i) any benefit the market-based award would provide for the agency, including:
5188          (A) budgetary advantages; or
5189          (B) recruitment advantages;
5190          (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
5191     or
5192          (iii) any other advantage the agency would gain through the utilization of a
5193     market-based award.
5194          (7) (a) The [executive] director shall regularly evaluate the total compensation program
5195     of state employees in the classified service.
5196          (b) The [department] division shall determine if employee benefits are comparable to
5197     those offered by other private and public employers using information from:
5198          (i) a study conducted by a third-party consultant; or
5199          (ii) the most recent edition of a nationally recognized benefits survey.
5200          Section 121. Section 63A-17-401, which is renumbered from Section 67-19-13 is
5201     renumbered and amended to read:
5202     
Part 4. Payroll


5203          [67-19-13].      63A-17-401. Examination of payrolls and certification of employee
5204     eligibility by the director.
5205          (1) The [executive] director may examine payrolls at any time to determine conformity
5206     with this chapter and [the regulations] administrative rules.
5207          (2) No new employee shall be hired in a position covered by this chapter, and no
5208     employee shall be changed in pay, title or status, nor shall any employee be paid unless
5209     certified by the [executive] director as eligible under the provisions of or [regulations
5210     promulgated] rules made pursuant to this chapter.
5211          Section 122. Section 63A-17-402, which is renumbered from Section 67-19-13.5 is
5212     renumbered and amended to read:
5213          [67-19-13.5].      63A-17-402. Division provides payroll services to executive
5214     branch agencies -- Report.
5215          (1) As used in this section:
5216          (a) (i) "Executive branch entity" means a department, division, agency, board, or office
5217     within the executive branch of state government that employs a person who is paid through the
5218     central payroll system developed by the Division of Finance as of December 31, 2011.
5219          (ii) "Executive branch entity" does not include:
5220          (A) the Office of the Attorney General;
5221          (B) the Office of the State Treasurer;
5222          (C) the Office of the State Auditor;
5223          (D) the Department of Transportation;
5224          (E) the [Department] Division of Technology Services;
5225          (F) the Department of Public Safety;
5226          (G) the Department of Natural Resources; or
5227          (H) the Utah Schools for the Deaf and the Blind.
5228          (b) (i) "Payroll services" means using the central payroll system as directed by the
5229     Division of Finance to:
5230          (A) enter and validate payroll reimbursements, which include reimbursements for
5231     mileage, a service award, and other wage types;
5232          (B) calculate, process, and validate a retirement;
5233          (C) enter a leave adjustment; and

5234          (D) certify payroll by ensuring an entry complies with a rule or policy adopted by the
5235     department or the Division of Finance.
5236          (ii) "Payroll services" does not mean:
5237          (A) a function related to payroll that is performed by an employee of the Division of
5238     Finance;
5239          (B) a function related to payroll that is performed by an executive branch agency on
5240     behalf of a person who is not an employee of the executive branch agency;
5241          (C) the entry of time worked by an executive branch agency employee into the central
5242     payroll system; or
5243          (D) approval or verification by a supervisor or designee of the entry of time worked.
5244          (2) The [department] division shall provide payroll services to all executive branch
5245     entities.
5246          (3) After September 19, 2012, an executive branch entity, other than the [department]
5247     division or the Division of Finance, may not create a full-time equivalent position or part-time
5248     position, or request an appropriation to fund a full-time equivalent position or part-time
5249     position for the purpose of providing payroll services to the entity.
5250          Section 123. Section 63A-17-403, which is renumbered from Section 67-19-42 is
5251     renumbered and amended to read:
5252          [67-19-42].      63A-17-403. Employee cost disclosure.
5253          The Division of Finance shall, at least annually, plainly disclose to all state employees
5254     the costs of compensation and benefits that are paid by the state in dollar figures.
5255          Section 124. Section 63A-17-501 is enacted to read:
5256     
Part 5. Hours and Leave

5257          63A-17-501. Definitions.
5258          As used in this part:
5259          (1) "Continuing medical and life insurance benefits" means the state provided policy of
5260     medical insurance and the state provided portion of a policy of life insurance, each offered at
5261     the same:
5262          (a) benefit level and the same proportion of state/member participation in the total
5263     premium costs as an active member as defined in Section 49-11-102; and
5264          (b) coverage level for a member, two person, or family policy as provided to the

5265     member at the time of retirement.
5266          (2) "Converted sick leave" means leave that has been converted from unused sick leave
5267     in accordance with Section 63A-17-506 which may be used by an employee in the same
5268     manner as:
5269          (a) annual leave;
5270          (b) sick leave; or
5271          (c) unused accumulated sick leave after the employee's retirement for the purchase of
5272     continuing medical and life insurance benefits under Sections 63A-17-507, 63A-17-508, and
5273     63A-17-804.
5274          Section 125. Section 63A-17-502, which is renumbered from Section 67-19-6.7 is
5275     renumbered and amended to read:
5276          [67-19-6.7].      63A-17-502. Overtime policies for state employees.
5277          (1) As used in this section:
5278          (a) "Accrued overtime hours" means:
5279          (i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
5280     of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
5281     state employee who accrued them; and
5282          (ii) for exempt employees, overtime hours earned during an overtime year.
5283          (b) "Appointed official" means:
5284          (i) each department executive director and deputy director, each division director, and
5285     each member of a board or commission; and
5286          (ii) any other person employed by a department who is appointed by, or whose
5287     appointment is required by law to be approved by, the governor and who:
5288          (A) is paid a salary by the state; and
5289          (B) who exercises managerial, policy-making, or advisory responsibility.
5290          (c) "Department" means the Department of [Administrative Services] Government
5291     Operations, the Department of Corrections, the Department of Financial Institutions, the
5292     Department of Alcoholic Beverage Control, the Insurance Department, the Public Service
5293     Commission, the Labor Commission, the Department of Agriculture and Food, the Department
5294     of Human Services, the Department of Natural Resources, [the Department of Technology
5295     Services,] the Department of Transportation, the Department of Commerce, the Department of

5296     Workforce Services, the State Tax Commission, the Department of Heritage and Arts, the
5297     Department of Health, the National Guard, the Department of Environmental Quality, the
5298     Department of Public Safety, [the Department of Human Resource Management,] the
5299     Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the
5300     Office of the Attorney General, merit employees in the Office of the State Treasurer, merit
5301     employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and
5302     the Board of Pardons and Parole.
5303          (d) "Elected official" means any person who is an employee of the state because the
5304     person was elected by the registered voters of Utah to a position in state government.
5305          (e) "Exempt employee" means a state employee who is exempt as defined by the Fair
5306     Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5307          (f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5308          (g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
5309     Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
5310     compensation the nonexempt employee will receive for overtime.
5311          (h) "Nonexempt employee" means a state employee who is nonexempt as defined by
5312     the [Department of Human Resource Management] division applying FLSA requirements.
5313          (i) "Overtime" means actual time worked in excess of the employee's defined work
5314     period.
5315          (j) "Overtime year" means the year determined by a department under Subsection
5316     (4)(b) at the end of which an exempt employee's accrued overtime lapses.
5317          (k) "State employee" means every person employed by a department who is not:
5318          (i) an appointed official;
5319          (ii) an elected official; or
5320          (iii) a member of a board or commission who is paid only for per diem or travel
5321     expenses.
5322          (l) "Uniform annual date" means the date when an exempt employee's accrued
5323     overtime lapses.
5324          (m) "Work period" means:
5325          (i) for all nonexempt employees, except law enforcement and hospital employees, a
5326     consecutive seven day 24 hour work period of 40 hours;

5327          (ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
5328          (iii) for nonexempt law enforcement and hospital employees, the period established by
5329     each department by rule for those employees according to the requirements of the Fair Labor
5330     Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
5331          (2) Each department shall compensate each state employee who works overtime by
5332     complying with the requirements of this section.
5333          (3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
5334     nonexempt employee.
5335          (b) In the FLSA agreement, the nonexempt employee shall elect either to be
5336     compensated for overtime by:
5337          (i) taking time off work at the rate of one and one-half hour off for each overtime hour
5338     worked; or
5339          (ii) being paid for the overtime worked at the rate of one and one-half times the rate per
5340     hour that the state employee receives for nonovertime work.
5341          (c) Any nonexempt employee who elects to take time off under this Subsection (3)
5342     shall be paid for any overtime worked in excess of the cap established by the [Department of
5343     Human Resource Management] division.
5344          (d) Before working any overtime, each nonexempt employee shall obtain authorization
5345     to work overtime from the employee's immediate supervisor.
5346          (e) Each department shall:
5347          (i) for employees who elect to be compensated with time off for overtime, allow
5348     overtime earned during a fiscal year to be accumulated; and
5349          (ii) for employees who elect to be paid for overtime worked, pay them for overtime
5350     worked in the paycheck for the pay period in which the employee worked the overtime.
5351          (f) If [the] a department pays a nonexempt employee for overtime, [the] that
5352     department shall charge that payment to [the] that department's budget.
5353          (g) At the end of each fiscal year, the Division of Finance shall total all the accrued
5354     overtime hours for nonexempt employees and charge that total against the appropriate fund or
5355     subfund.
5356          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
5357     compensate exempt employees who work overtime by granting them time off at the rate of one

5358     hour off for each hour of overtime worked.
5359          (ii) The [executive] director of the [Department of Human Resource Management]
5360     division may grant limited exceptions to this requirement, where work circumstances dictate,
5361     by authorizing a department to pay employees for overtime worked at the rate per hour that the
5362     employee receives for nonovertime work, if [the] that department has funds available.
5363          (b) (i) Each department shall:
5364          (A) establish in its written human resource policies a uniform annual date for each
5365     division that is at the end of any pay period; and
5366          (B) communicate the uniform annual date to its employees.
5367          (ii) If any department fails to establish a uniform annual date as required by this
5368     Subsection (4), the [executive] director of the [Department of Human Resource Management]
5369     division, in conjunction with the director of the Division of Finance, shall establish the date for
5370     that department.
5371          (c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
5372     benefit, and is not a vested right.
5373          (ii) A court may not construe the overtime for exempt employees authorized by this
5374     Subsection (4) as an entitlement, a benefit, or as a vested right.
5375          (d) At the end of the overtime year, upon transfer to another department at any time,
5376     and upon termination, retirement, or other situations where the employee will not return to
5377     work before the end of the overtime year:
5378          (i) any of an exempt employee's overtime that is more than the maximum established
5379     by [the Department of Human Resource Management] division rule lapses; and
5380          (ii) unless authorized by the [executive] director of the [Department of Human
5381     Resource Management] division under Subsection (4)(a)(ii), a department may not compensate
5382     the exempt employee for that lapsed overtime by paying the employee for the overtime or by
5383     granting the employee time off for the lapsed overtime.
5384          (e) Before working any overtime, each exempt employee shall obtain authorization to
5385     work overtime from the exempt employee's immediate supervisor.
5386          (f) If [the] a department pays an exempt employee for overtime under authorization
5387     from the [executive] director of the [Department of Human Resource Management, the]
5388     division, that department shall charge that payment to [the] that department's budget in the pay

5389     period earned.
5390          (5) The [Department of Human Resource Management] division shall:
5391          (a) ensure that the provisions of the FLSA and this section are implemented throughout
5392     state government;
5393          (b) determine, for each state employee, whether that employee is exempt, nonexempt,
5394     law enforcement, or has some other status under the FLSA;
5395          (c) in coordination with modifications to the systems operated by the Division of
5396     Finance, make rules:
5397          (i) establishing procedures for recording overtime worked that comply with FLSA
5398     requirements;
5399          (ii) establishing requirements governing overtime worked while traveling and
5400     procedures for recording that overtime that comply with FLSA requirements;
5401          (iii) establishing requirements governing overtime worked if the employee is "on call"
5402     and procedures for recording that overtime that comply with FLSA requirements;
5403          (iv) establishing requirements governing overtime worked while an employee is being
5404     trained and procedures for recording that overtime that comply with FLSA requirements;
5405          (v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
5406     employee may accrue before a department is required to pay the employee for the overtime
5407     worked;
5408          (vi) subject to the FLSA, establishing the maximum number of overtime hours for an
5409     exempt employee that do not lapse; and
5410          (vii) establishing procedures for adjudicating appeals of any FLSA determinations
5411     made by the [Department of Human Resource Management] division as required by this
5412     section;
5413          (d) monitor departments for compliance with the FLSA; and
5414          (e) recommend to the Legislature and the governor any statutory changes necessary
5415     because of federal government action.
5416          (6) (a) In coordination with the procedures for recording overtime worked established
5417     in rule by the [Department of Human Resource Management] division, the Division of Finance
5418     shall modify its payroll and human resource systems to accommodate those procedures.
5419          [(a)] (b) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,

5420     Administrative Procedures Act, Section [67-19-31] 63A-17-602, and Section 67-19a-301, any
5421     employee who is aggrieved by the FLSA designation made by the [Department of Human
5422     Resource Management] division as required by this section may appeal that determination to
5423     the [executive] director of the [Department of Human Resource Management] division by
5424     following the procedures and requirements established in [Department of Human Resource
5425     Management] division rule.
5426          [(b)] (c) Upon receipt of an appeal under this section, the [executive] director shall
5427     notify the executive director of the employee's department that the appeal has been filed.
5428          [(c)] (d) If the employee is aggrieved by the decision of the [executive director of the
5429     Department of Human Resource Management] director, the employee shall appeal that
5430     determination to the Department of Labor, Wage and Hour Division, according to the
5431     procedures and requirements of federal law.
5432          Section 126. Section 63A-17-503, which is renumbered from Section 67-19-12.7 is
5433     renumbered and amended to read:
5434          [67-19-12.7].      63A-17-503. Accumulated annual leave -- Conversion to
5435     deferred compensation plan.
5436          (1) The [department] division shall implement a program whereby an employee may,
5437     upon termination of employment or retirement, elect to convert any unused annual leave into
5438     any of the employee's designated deferred compensation accounts that:
5439          (a) are sponsored by the Utah State Retirement Board; and
5440          (b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
5441          (2) Any annual leave converted under Subsection (1) shall be converted into the
5442     employee's deferred compensation account at the employee's pay rate at the time of termination
5443     or retirement.
5444          (3) No employee may convert hours of accrued annual leave to the extent that any
5445     hours so converted would exceed the maximum amount authorized by the Internal Revenue
5446     Code for each calendar year.
5447          Section 127. Section 63A-17-504, which is renumbered from Section 67-19-12.9 is
5448     renumbered and amended to read:
5449          [67-19-12.9].      63A-17-504. Accumulated annual leave -- Annual
5450     conversion to deferred compensation plan.

5451          (1) If the Legislature in an annual appropriations act with accompanying intent
5452     language specifically authorizes and fully funds the estimated costs of this use, the
5453     [department] division shall implement a program that allows an employee, in the approved
5454     calendar year, to elect to convert up to 20 hours of annual leave, in whole hour increments not
5455     to exceed $250 in value, into any of the employee's designated deferred compensation accounts
5456     that:
5457          (a) are sponsored by the Utah State Retirement Board; and
5458          (b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
5459          (2) Any annual leave converted under Subsection (1) shall be:
5460          (a) converted into the employee's deferred compensation account at the employee's pay
5461     rate at the time of conversion; and
5462          (b) calculated in the last pay period of the leave year as determined by the Division of
5463     Finance.
5464          (3) An employee may not convert hours of accrued annual leave to the extent that any
5465     hours converted would:
5466          (a) exceed the maximum amount authorized by the Internal Revenue Code for the
5467     calendar year; or
5468          (b) cause the employee's balance of accumulated annual leave to drop below the
5469     maximum accrual limit provided by rule.
5470          Section 128. Section 63A-17-505, which is renumbered from Section 67-19-14 is
5471     renumbered and amended to read:
5472          [67-19-14].      63A-17-505. Sick leave -- Definitions -- Unused sick days retirement
5473     programs -- Rulemaking.
5474          [(1) As used in this section through Section 67-19-14.4:]
5475          [(a) "Continuing medical and life insurance benefits" means the state provided policy
5476     of medical insurance and the state provided portion of a policy of life insurance, each offered at
5477     the same:]
5478          [(i) benefit level and the same proportion of state/member participation in the total
5479     premium costs as an active member as defined in Section 49-11-102; and]
5480          [(ii) coverage level for a member, two person, or family policy as provided to the
5481     member at the time of retirement.]

5482          [(b) "Converted sick leave" means leave that has been converted from unused sick
5483     leave in accordance with Section 67-19-14.1 which may be used by an employee in the same
5484     manner as:]
5485          [(i) annual leave;]
5486          [(ii) sick leave; or]
5487          [(iii) unused accumulated sick leave after the employee's retirement for the purchase of
5488     continuing medical and life insurance benefits under Sections 67-19-14.2, 67-19-14.3, and
5489     67-19-14.4.]
5490          [(2)] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
5491     Act, the [executive] director shall make rules:
5492          (a) for the procedures to implement the provisions of this section through Section
5493     [67-19-14.4] 63A-17-508; and
5494          (b) to establish the maximum number of hours of converted sick leave an employee
5495     may accrue.
5496          [(3)] (2) The Division of Finance shall develop and maintain a system of accounting
5497     for employee sick leave and converted sick leave as necessary to implement the provisions of
5498     this section through Section [67-19-14.4] 63A-17-508.
5499          Section 129. Section 63A-17-506, which is renumbered from Section 67-19-14.1 is
5500     renumbered and amended to read:
5501          [67-19-14.1].      63A-17-506. Converted sick leave.
5502          Converted sick leave hours that are not used prior to an employee's retirement date shall
5503     be used under the:
5504          (1) Unused Sick Leave Retirement Option Program I under Section [67-19-14.2]
5505     63A-17-507 if earned prior to January 1, 2006, unless the transfer is made under Subsection
5506     [67-19-14.4] 63A-17-508(1)(c); or
5507          (2) Unused Sick Leave Retirement Option Program II under Section [67-19-14.4]
5508     63A-17-508 if earned on or after January 1, 2006.
5509          Section 130. Section 63A-17-507, which is renumbered from Section 67-19-14.2 is
5510     renumbered and amended to read:
5511          [67-19-14.2].      63A-17-507. Unused Sick Leave Retirement Option Program
5512     I -- Creation -- Payout upon eligibility for allowance -- Continuing medical and life

5513     insurance benefits after retirement.
5514          (1) (a) There is created the "Unused Sick Leave Retirement Option Program I."
5515          (b) An agency may offer the Unused Sick Leave Retirement Option Program I to an
5516     employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
5517     State Retirement and Insurance Benefit Act.
5518          (2) The Unused Sick Leave Retirement Option Program I provides that upon becoming
5519     eligible to receive a retirement allowance an employee who was employed by the state prior to
5520     January 1, 2006:
5521          (a) receives a contribution under Subsection (3) for 25% of the employee's unused
5522     accumulated sick leave accrued prior to January 1, 2006, at the employee's rate of pay at the
5523     time of retirement; and
5524          (b) may purchase additional continuing medical and life insurance benefits in
5525     accordance with Subsection (4).
5526          (3) (a) Subject to federal requirements and limitations, the contribution under
5527     Subsection (2)(a) shall be transferred directly to the employee's defined contribution plan
5528     qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
5529     State Retirement Board.
5530          (b) If the amount calculated under Subsection (2)(a) exceeds the federal contribution
5531     limitations, the employee's unused accumulated sick leave hours representing the excess shall
5532     be used for the purchase of continuing medical and life insurance benefits under Subsection
5533     (4).
5534          (4) (a) An employee may purchase continuing medical and life insurance benefits, at
5535     the rate of one month's coverage per policy for eight hours of unused sick leave remaining after
5536     the contribution of unused sick leave under Subsection (2)(a).
5537          (b) The medical coverage level for member, two person, or family coverage that is
5538     provided to the member at the time of retirement is the maximum coverage level available to
5539     the member under this program.
5540          (c) The purchase of continuing medical and life insurance benefits at the rate provided
5541     under Subsection (4)(a) may be used by the employee to extend coverage:
5542          (i) until the employee reaches the age of eligibility for Medicare; or
5543          (ii) if the employee has reached the age of eligibility for Medicare, continuing medical

5544     benefits for the employee's spouse may be purchased until the employee's spouse reaches the
5545     age of eligibility for Medicare.
5546          (d) An employee and the employee's spouse who are or who later become eligible for
5547     Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage
5548     for eight hours of the employee's unused sick leave per person.
5549          (5) (a) The continuing medical and life insurance benefits purchased by an employee
5550     under Subsection (4):
5551          (i) may not be suspended or deferred for future use; and
5552          (ii) continues in effect until exhausted.
5553          (b) An employer participating in the Program I benefits under this section may not
5554     provide medical or life insurance benefits to a person who is:
5555          (i) reemployeed after retirement; and
5556          (ii) receiving benefits under this section.
5557          Section 131. Section 63A-17-508, which is renumbered from Section 67-19-14.4 is
5558     renumbered and amended to read:
5559          [67-19-14.4].      63A-17-508. Unused Sick Leave Retirement Program II --
5560     Creation -- Remuneration upon eligibility for allowance -- Medical expense account after
5561     retirement.
5562          (1) (a) There is created the "Unused Sick Leave Retirement Program II."
5563          (b) An agency shall offer the Unused Sick Leave Retirement Option Program II to an
5564     employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
5565     State Retirement and Insurance Benefit Act.
5566          (c) An employee who is participating in the Unused Sick Leave Retirement Program I
5567     under Section [67-19-14.2] 63A-17-507 may make a one-time and irrevocable election to
5568     transfer all unused sick leave hours which shall include all converted sick leave hours under
5569     Section [67-19-14.1] 63A-17-506 for use under the Unused Sick Leave Retirement Program II
5570     under this section.
5571          (2) (a) The Unused Sick Leave Retirement Program II provides that upon becoming
5572     eligible to receive a retirement allowance an employee employed by the state between January
5573     1, 2006, and January 3, 2014, shall receive remuneration for the employee's unused
5574     accumulated sick leave and converted sick leave accrued between January 1, 2006, and January

5575     3, 2014, in accordance with this section as follows:
5576          (i) subject to federal requirements and limitations, a contribution at the employee's rate
5577     of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and
5578     converted sick leave shall be transferred directly to the employee's defined contribution plan
5579     qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
5580     State Retirement Board; and
5581          (ii) participation in a benefit plan that provides for reimbursement for medical
5582     expenses using money deposited at the employee's rate of pay at the time of retirement from
5583     remaining unused accumulated sick leave and converted sick leave balances.
5584          (b) If the amount calculated under Subsection (2)(a)(i) exceeds the federal contribution
5585     limitations, the amount representing the excess shall be deposited under Subsection (2)(a)(ii).
5586          (c) An employee's rate of pay at the time of retirement for purposes of Subsection
5587     (2)(a)(ii) may not be less than the average rate of pay of state employees who retired in the
5588     same retirement system under Title 49, Utah State Retirement and Insurance Benefit Act,
5589     during the previous calendar year.
5590          (3) The Utah State Retirement Office shall develop and maintain a program to provide
5591     a benefit plan that provides for reimbursement for medical expenses under Subsection (2)(a)(ii)
5592     with money deposited under Subsection (2)(a)(ii).
5593          Section 132. Section 63A-17-509, which is renumbered from Section 67-19-14.5 is
5594     renumbered and amended to read:
5595          [67-19-14.5].      63A-17-509. Organ donor leave.
5596          (1) An employee who serves as a bone marrow donor shall be granted a paid leave of
5597     absence of up to seven days that are necessary for the donation and recovery from the donation.
5598          (2) An employee who serves as a donor of a human organ shall be granted a paid leave
5599     of absence of up to 30 days that are necessary for the donation and recovery from the donation.
5600          (3) In recognition of National Donate Life Month, 2015, created by Proclamation No.
5601     9248, 80 F.R. 18511 (April 1, 2015), the department shall distribute an electronic message to
5602     each employee during the month of April publicizing the leave offered under this section.
5603          Section 133. Section 63A-17-510, which is renumbered from Section 67-19-14.6 is
5604     renumbered and amended to read:
5605          [67-19-14.6].      63A-17-510. Annual leave -- Definitions -- Previously

5606     accrued hours -- Recognition of liability.
5607          (1) As used in this section:
5608          (a) (i) "Annual leave II" means leave hours an employing agency provides to an
5609     employee, beginning on the change date established in Subsection (2), as time off from work
5610     for personal use without affecting the employee's pay.
5611          (ii) "Annual leave II" does not include:
5612          (A) legal holidays under Section 63G-1-301;
5613          (B) time off as compensation for actual time worked in excess of an employee's
5614     defined work period;
5615          (C) sick leave;
5616          (D) paid or unpaid administrative leave; or
5617          (E) other paid or unpaid leave from work provided by state statute, administrative rule,
5618     or by federal law or regulation.
5619          (b) "Change date" means the date established by the Division of Finance under
5620     Subsection (2) when annual leave II begins for a state agency.
5621          (2) In accordance with the Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5622     the Division of Finance shall establish a date that is no later than January 2, 2016, when a state
5623     agency shall offer annual leave II in lieu of annual leave to an employee who is eligible to
5624     receive paid leave.
5625          (3) An employing agency shall allow an employee who has an unused balance of
5626     accrued annual leave before the change date, to use the annual leave under the same rules that
5627     applied to the leave on the change date.
5628          (4) (a) At the time of employee accrual of annual leave II, an employing agency shall
5629     set aside the cost of each hour of annual leave II for each eligible employee in an amount
5630     determined in accordance with rules made by the Division of Finance.
5631          (b) The rules made under Subsection (4)(a) shall consider:
5632          (i) the employee hourly rate of pay;
5633          (ii) applicable employer paid taxes that would be required if the employee was paid for
5634     the annual leave II instead of using it for time off;
5635          (iii) other applicable employer paid benefits; and
5636          (iv) adjustments due to employee hourly rate changes, including the effect on accrued

5637     annual leave II balances.
5638          (c) The Division of Finance shall provide that the amount of costs set aside under
5639     Subsection (4)(a) and deposited into the fund increase by at least the projected increase in
5640     annual leave liability for that year, until the year-end trust fund balances are reached as required
5641     under Subsection 67-19f-201(3)(b).
5642          (5) The cost set aside under Subsection (4) shall be deposited by the Division of
5643     Finance into the State Employees' Annual Leave Trust Fund created in Section 67-19f-201.
5644          (6) For annual leave hours accrued before the change date, an employing agency shall
5645     continue to comply with the Division of Finance requirements for contributions to the
5646     termination pool.
5647          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
5648          (a) the [department] division shall make rules for the accrual and use of annual leave II
5649     provided under this section; and
5650          (b) the Division of Finance shall make rules for the set aside provisions under
5651     Subsections (4) and (5).
5652          Section 134. Section 63A-17-511 (Effective 07/01/21), which is renumbered from
5653     Section 67-19-14.7 (Effective 07/01/21) is renumbered and amended to read:
5654          [67-19-14.7 (Effective 07/01/21)].      63A-17-511 (Effective 07/01/21). Postpartum
5655     recovery leave.
5656          (1) As used in this section:
5657          (a) "Eligible employee" means an employee who:
5658          (i) is in a position that receives retirement benefits under Title 49, Utah State
5659     Retirement and Insurance Benefit Act;
5660          (ii) accrues paid leave benefits that can be used in the current and future calendar years;
5661          (iii) is not reemployed as defined in Section 49-11-1202; and
5662          (iv) gives birth to a child.
5663          (b) "Postpartum recovery leave" means leave hours a state employer provides to an
5664     eligible employee to recover from childbirth.
5665          (c) "Retaliatory action" means to do any of the following to an employee:
5666          (i) dismiss the employee;
5667          (ii) reduce the employee's compensation;

5668          (iii) fail to increase the employee's compensation by an amount that the employee is
5669     otherwise entitled to or was promised;
5670          (iv) fail to promote the employee if the employee would have otherwise been
5671     promoted; or
5672          (v) threaten to take an action described in Subsections (1)(c)(i) through (iv).
5673          (d) (i) "State employer" means:
5674          (A) a state executive branch agency, including the State Tax Commission, the National
5675     Guard, and the Board of Pardons and Parole;
5676          (B) the legislative branch of the state; or
5677          (C) the judicial branch of the state.
5678          (ii) "State employer" does not include:
5679          (A) an institute of higher education;
5680          (B) the Utah Board of Higher Education;
5681          (C) the State Board of Education;
5682          (D) an independent entity as defined in Section 63E-1-102;
5683          (E) the Attorney General's Office;
5684          (F) the State Auditor's Office; or
5685          (G) the State Treasurer's Office.
5686          (2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
5687     employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
5688     week for recovery from childbirth.
5689          (b) A state employer shall allow an eligible employee who is part-time or who works in
5690     excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
5691     leave available to the eligible employee under this section on a pro rata basis as adopted by rule
5692     by the [department] division under Subsection (11).
5693          (3) (a) Postpartum recovery leave described in Subsection (2):
5694          (i) shall be used starting on the day on which the eligible employee gives birth, unless a
5695     health care provider certifies that an earlier start date is medically necessary;
5696          (ii) shall be used in a single continuous period; and
5697          (iii) runs concurrently with any leave authorized under the Family and Medical Leave
5698     Act of 1993, 29 U.S.C. Sec. 2601 et seq.

5699          (b) The amount of postpartum recovery leave authorized under Subsection (2) does not
5700     increase if an eligible employee has more than one child born from the same pregnancy.
5701          (4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
5702     state employer notice at least 30 days before the day on which the eligible employee plans to:
5703          (i) begin using postpartum recovery leave under this section; and
5704          (ii) stop using postpartum recovery leave under this section.
5705          (b) If circumstances beyond the eligible employee's control prevent the eligible
5706     employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
5707     give each notice described in Subsection (4)(a) as soon as reasonably practicable.
5708          (5) A state employer may not charge postpartum recovery leave under this section
5709     against sick, annual, or other leave.
5710          (6) A state employer may not compensate an eligible employee for any unused
5711     postpartum recovery leave upon termination of employment.
5712          (7) (a) Following the expiration of an eligible employee's postpartum recovery leave
5713     under this section, the state employer shall ensure that the eligible employee may return to:
5714          (i) the position that the eligible employee held before using postpartum recovery leave;
5715     or
5716          (ii) a position within the state employer that is equivalent in seniority, status, benefits,
5717     and pay to the position that the eligible employee held before using postpartum recovery leave.
5718          (b) If during the time an eligible employee uses postpartum recovery leave under this
5719     section the state employer experiences a reduction in force and, as part of the reduction in
5720     force, the eligible employee would have been separated had the eligible employee not been
5721     using the postpartum recovery leave, the state employer may separate the eligible employee in
5722     accordance with any applicable process or procedure as if the eligible employee were not using
5723     the postpartum recovery leave.
5724          (8) During the time an eligible employee uses postpartum recovery leave under this
5725     section, the eligible employee shall continue to receive all employment related benefits and
5726     payments at the same level that the eligible employee received immediately before beginning
5727     the postpartum leave, provided that the eligible employee pays any required employee
5728     contributions.
5729          (9) A state employer may not:

5730          (a) interfere with or otherwise restrain an eligible employee from using postpartum
5731     recovery leave in accordance with this section; or
5732          (b) take retaliatory action against an eligible employee for using postpartum recovery
5733     leave in accordance with this section.
5734          (10) A state employer shall provide each employee written information regarding an
5735     eligible employee's right to use postpartum recovery leave under this section.
5736          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5737     the [department] division shall, by July 1, 2021, make rules for the use and administration of
5738     postpartum recovery leave under this section, including a schedule that provides paid or
5739     postpartum recovery leave for an eligible employee who is part-time or who works in excess of
5740     a 40-hour work week on a pro rata basis.
5741          Section 135. Section 63A-17-512, which is renumbered from Section 67-19-27 is
5742     renumbered and amended to read:
5743          [67-19-27].      63A-17-512. Leave of absence with pay for employees with a
5744     disability who are covered under other civil service systems.
5745          (1) As used in this section:
5746          (a) "Eligible officer" means a person who qualifies for a benefit under this section.
5747          (b) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
5748     employee of a law enforcement agency that is part of or administered by the state, and whose
5749     primary and principal duties consist of the prevention and detection of crime and the
5750     enforcement of criminal statutes of this state.
5751          (ii) "Law enforcement officer" specifically includes the following:
5752          (A) the commissioner of public safety and any member of the Department of Public
5753     Safety certified as a peace officer;
5754          (B) all persons specified in Sections 23-20-1.5 and 79-4-501;
5755          (C) investigators for the Motor Vehicle Enforcement Division;
5756          (D) special agents or investigators employed by the attorney general;
5757          (E) employees of the Department of Natural Resources designated as peace officers by
5758     law;
5759          (F) the executive director of the Department of Corrections and any correctional
5760     enforcement or investigative officer designated by the executive director and approved by the

5761     commissioner of public safety and certified by the division; and
5762          (G) correctional enforcement, investigative, or adult probation and parole officers
5763     employed by the Department of Corrections serving on or before July 1, 1993.
5764          (c) "State correctional officer" means a correctional officer as defined in Section
5765     53-13-104 who is employed by the Department of Corrections.
5766          (2) (a) A law enforcement officer or state correctional officer who is injured in the
5767     course of employment shall be given a leave of absence with 100% of the officer's regular
5768     monthly salary and benefits during the period the employee has a temporary disability.
5769          (b) The benefit provided under Subsection (2)(a):
5770          (i) shall be offset as provided under Subsection (4); and
5771          (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
5772     all offsets required under Subsection (4).
5773          (3) (a) A law enforcement officer or state correctional officer who has a total disability
5774     as defined in Section 49-21-102, shall be given a leave of absence with 100% of the officer's
5775     regular monthly salary and benefits until the officer is eligible for an unreduced retirement
5776     under Title 49, Utah State Retirement and Insurance Benefit Act, or reaches the retirement age
5777     of 62 years, whichever occurs first, if:
5778          (i) the disability is a result of an injury sustained while in the lawful discharge of the
5779     officer's duties; and
5780          (ii) the injury is the result of:
5781          (A) a criminal act upon the officer; or
5782          (B) an aircraft, vehicle, or vessel accident and the officer was not negligent in causing
5783     the accident.
5784          (b) The benefit provided under Subsection (3)(a):
5785          (i) shall be offset as provided under Subsection (4); and
5786          (ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
5787     all offsets required under Subsection (4).
5788          (4) (a) The agency shall reduce or require the reimbursement of the monthly benefit
5789     provided under this section by any amount received by, or payable to, the eligible officer for
5790     the same period of time during which the eligible officer is entitled to receive a monthly
5791     disability benefit under this section.

5792          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5793     [department] division shall make rules establishing policies and procedures for the reductions
5794     required under Subsection (4)(a).
5795          Section 136. Section 63A-17-601, which is renumbered from Section 67-19-30 is
5796     renumbered and amended to read:
5797     
Part 6. Grievance Provisions

5798          [67-19-30].      63A-17-601. Grievance resolution -- Jurisdiction.
5799          (1) Employees shall comply with the procedural and jurisdictional requirements of this
5800     section, Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 19a, Grievance
5801     Procedures, in seeking resolution of grievances.
5802          (2) All grievances based upon a claim or charge of injustice or oppression, including
5803     dismissal from employment, resulting from an act, occurrence, commission, or condition shall
5804     be governed by Title 67, Chapter 19a, Grievance Procedures, and Title 63G, Chapter 4,
5805     Administrative Procedures Act.
5806          (3) All grievances involving classification shall be governed by Section [67-19-31]
5807     63A-17-602 and are designated as informal adjudicative proceedings as defined by Title 63G,
5808     Chapter 4, Administrative Procedures Act.
5809          (4) All grievances by applicants for positions in state government involving an alleged
5810     discriminatory or prohibited employment practice shall be governed by Section [67-19-32]
5811     63A-17-603 and Title 63G, Chapter 4, Administrative Procedures Act.
5812          (5) A "grievance" under this chapter is a request for agency action for purposes of Title
5813     63G, Chapter 4, Administrative Procedures Act.
5814          Section 137. Section 63A-17-602, which is renumbered from Section 67-19-31 is
5815     renumbered and amended to read:
5816          [67-19-31].      63A-17-602. Position classification grievances -- Scope -- Procedure.
5817          (1) (a) For the purpose of position classification grievances, the process that culminates
5818     in assigning a career service position to an appropriate class specification is a matter of position
5819     classification and may be grieved.
5820          (b) The process that culminates in assigning a salary range to the class specification is
5821     not a position classification and may not be grieved as a classification grievance.
5822          (2) (a) Upon receipt of a position classification grievance, the [executive] director shall

5823     refer the grievance to a classification panel of three or more impartial persons trained in state
5824     classification procedures.
5825          (b) The classification panel shall determine whether or not the classification
5826     assignment for career service positions was appropriate by applying the statutes, rules, and
5827     procedures adopted by the [department] division that were in effect at the time of the
5828     classification change.
5829          (c) The classification panel may:
5830          (i) obtain access to previous audits, classification decisions, and reports;
5831          (ii) request new or additional audits by human resource analysts; and
5832          (iii) consider new or additional information.
5833          (d) The classification panel may sustain or modify the original decision and, if
5834     applicable, recommend a new classification.
5835          (e) The classification panel shall report [its] the classification panel's recommendation
5836     to the [executive] director, who shall make the classification decision and notify the grievant.
5837          (3) (a) Either party may appeal the [executive] director's decision to an impartial
5838     hearing officer trained in state classification procedures selected through a public bid process
5839     by a panel consisting of the following members:
5840          [(i) the executive director of the Department of Human Resource Management;]
5841          (i) a current or former government employee with experience in human resource
5842     management;
5843          (ii) two department executive directors;
5844          (iii) a private sector human resources executive appointed by the governor; and
5845          (iv) a representative of the Utah Public Employees Association.
5846          (b) The successful bid shall serve under contract for no more than three years. At the
5847     end of that time, the [Department of Human Resource Management] division shall reissue the
5848     bid.
5849          (c) The hearing officer shall review the classification and make the final decision. The
5850     final decision is subject to judicial review pursuant to the provisions of Section 63G-4-402.
5851          Section 138. Section 63A-17-603, which is renumbered from Section 67-19-32 is
5852     renumbered and amended to read:
5853          [67-19-32].      63A-17-603. Discriminatory/prohibited employment practices

5854     grievances -- Procedures.
5855          (1) An applicant for a position in state government, a probationary employee, career
5856     service employee, or an exempt employee who alleges a discriminatory or prohibited
5857     employment practice as defined in Section 34A-5-106 may submit a written grievance to the
5858     department head where the alleged unlawful act occurred.
5859          (2) Within 10 working days after a written grievance is submitted under Subsection (1),
5860     the department head shall issue a written response to the grievance stating his decision and the
5861     reasons for the decision.
5862          (3) If the department head does not issue a decision within 10 days, or if the grievant is
5863     dissatisfied with the decision, the grievant may submit a complaint to the Division of
5864     Antidiscrimination and Labor, pursuant to Section 34A-5-107.
5865          Section 139. Section 63A-17-701, which is renumbered from Section 67-19e-102 is
5866     renumbered and amended to read:
5867     
Part 7. Administrative Law Judges

5868          [67-19e-102].      63A-17-701. Definitions.
5869          In addition to the definitions found in Section [67-19-3, the following definitions apply
5870     to this chapter] 63A-17-102, as used in this part:
5871          (1) (a) "Administrative law judge" means an individual who is employed or contracted
5872     by a state agency who:
5873          (i) presides over or conducts formal administrative hearings on behalf of an agency;
5874          (ii) has the power to administer oaths, rule on the admissibility of evidence, take
5875     testimony, evaluate evidence, and make determinations of fact; and
5876          (iii) issues written orders, rulings, or final decisions on behalf of an agency.
5877          (b) "Administrative law judge" does not mean:
5878          (i) an individual who reviews an order or ruling of an administrative law judge; or
5879          (ii) the executive director of a state agency.
5880          (2) "Committee" means the Administrative Law Judge Conduct Committee created in
5881     Section [67-19e-108] 63A-17-708.
5882          [(3) "Department" means the Department of Human Resource Management created in
5883     Section 67-19-5.]
5884          [(4) "Executive director" means the executive director of the department.]

5885          Section 140. Section 63A-17-702, which is renumbered from Section 67-19e-103 is
5886     renumbered and amended to read:
5887          [67-19e-103].      63A-17-702. Administrative law judges -- Applicability --
5888     Destruction of evidence.
5889          (1) (a) Except as provided in Subsections (1)(b) and (2), the provisions of this [chapter]
5890     part apply to an administrative law judge who conducts formal adjudicative proceedings.
5891          (b) Except as provided in Subsection (2), the provisions of this [chapter] part do not
5892     apply to an administrative law judge who is employed by or contracts with:
5893          (i) the Board of Pardons and Parole;
5894          (ii) the Department of Corrections; or
5895          (iii) the State Tax Commission.
5896          (2) The code of conduct established by the [department] division under Subsection
5897     [67-19e-104] 63A-17-703(4) applies to all administrative law judges.
5898          (3) An administrative law judge who tampers with or destroys evidence submitted to
5899     the administrative law judge is subject to the provisions of Section 76-8-510.5. This section
5900     does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government
5901     Records Access and Management Act.
5902          Section 141. Section 63A-17-703, which is renumbered from Section 67-19e-104 is
5903     renumbered and amended to read:
5904          [67-19e-104].      63A-17-703. Rulemaking authority.
5905          The [department] division shall make rules, in accordance with Title 63G, Chapter 3,
5906     Utah Administrative Rulemaking Act:
5907          (1) establishing minimum performance standards for all administrative law judges;
5908          (2) providing procedures for filing, addressing, and reviewing complaints against
5909     administrative law judges;
5910          (3) providing standards for complaints against administrative law judges;
5911          (4) promulgating a code of conduct for all administrative law judges in all state
5912     agencies; and
5913          (5) establishing a procedural fairness training program as described in Section
5914     [67-19e-109] 63A-17-709.
5915          Section 142. Section 63A-17-704, which is renumbered from Section 67-19e-104.5 is

5916     renumbered and amended to read:
5917          [67-19e-104.5].      63A-17-704. Hiring of administrative law judges.
5918          (1) Except as provided in Subsection (6), each administrative law judge hired on or
5919     after May 10, 2016, shall be hired in accordance with this section.
5920          (2) If an applicant for an administrative law judge position is selected for an interview
5921     in accordance with applicable law and [department] division rule, the agency shall interview
5922     the applicant by means of a hiring panel.
5923          (3) The hiring panel described in Subsection (2) shall consist of:
5924          (a) the head of the hiring agency;
5925          (b) the head of another agency, appointed by the [executive] director; and
5926          (c) the [executive] director.
5927          (4) Each individual described in Subsection (3) may designate another individual to
5928     serve on the hiring panel on the individual's behalf.
5929          (5) After the hiring panel completes the interviews for an administrative law judge
5930     position:
5931          (a) the hiring panel shall select the top three applicants for the administrative law judge
5932     position; and
5933          (b) the head of the hiring agency shall:
5934          (i) consider any opinions or feedback from the other members of the hiring panel with
5935     respect to the top three applicants; and
5936          (ii) (A) hire an applicant from the top three applicants to fill the administrative law
5937     judge position; or
5938          (B) decide not to hire any of the top three applicants and restart the hiring process to
5939     fill the administrative law judge position.
5940           (6) This section does not apply to an administrative law judge who is appointed by the
5941     governor.
5942          Section 143. Section 63A-17-705, which is renumbered from Section 67-19e-105 is
5943     renumbered and amended to read:
5944          [67-19e-105].      63A-17-705. Performance evaluation of administrative law
5945     judges.
5946          (1) [Beginning January 1, 2014, the department] The division shall prepare a

5947     performance evaluation for each administrative law judge contracted or employed by a state
5948     agency.
5949          (2) The performance evaluation for an administrative law judge shall include:
5950          (a) the results of the administrative law judge's performance evaluations conducted by
5951     the employing agency since the administrative law judge's last performance evaluation
5952     conducted by the [department] division in accordance with the performance evaluation
5953     procedure for the agency;
5954          (b) information from the employing agency concerning the administrative law judge's
5955     compliance with minimum performance standards;
5956          (c) the administrative law judge's disciplinary record, if any;
5957          (d) the results of any performance surveys conducted since the administrative law
5958     judge's last performance review conducted by the [department] division; and
5959          (e) any other factor that the [department] division considers relevant to evaluating the
5960     administrative law judge's performance.
5961          (3) If an administrative law judge fails to meet the minimum performance standards the
5962     [department] division shall provide a copy of the performance evaluation and survey to the
5963     employing agency.
5964          (4) The [department] division shall conduct performance reviews every four years for
5965     administrative law judges contracted or employed by an agency.
5966          Section 144. Section 63A-17-706, which is renumbered from Section 67-19e-106 is
5967     renumbered and amended to read:
5968          [67-19e-106].      63A-17-706. Performance surveys.
5969          (1) [For administrative law judges contracted or employed before July 1, 2013,
5970     performance surveys shall be conducted initially at either the two-, three-, or four-year mark
5971     beginning January 1, 2014. By July 1, 2018, all] All administrative law judges shall be on a
5972     four-year staggered cycle for performance evaluations.
5973          (2) The performance survey shall include as respondents a sample of each of the
5974     following groups as applicable:
5975          (a) attorneys who have appeared before the administrative law judge as counsel; and
5976          (b) staff who have worked with the administrative law judge.
5977          (3) The [department] division may include an additional classification of respondents if

5978     the [department] division:
5979          (a) considers a survey of that classification of respondents helpful to the [department]
5980     division; and
5981          (b) establishes the additional classification of respondents by rule made in accordance
5982     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5983          (4) A survey response is anonymous, including any comment included with a survey
5984     response.
5985          (5) If the [department] division provides any information to an administrative law
5986     judge or the committee, the information shall be provided in [such a way as] a manner to
5987     protect the confidentiality of a survey respondent.
5988          (6) If the [department] division establishes an additional classification, in accordance
5989     with Subsection (3), a survey shall be provided to a potential survey respondent within 30 days
5990     of the day on which the case in which the person appeared before the administrative law judge
5991     is closed, exclusive of any appeal. Staff and attorneys may be surveyed at any time during the
5992     survey period.
5993          (7) The performance survey shall include questions relating to whether the
5994     administrative law judge's behavior furthers the following elements of procedural fairness:
5995          (a) neutrality, including:
5996          (i) consistent and equal treatment of the individuals who appear before the
5997     administrative law judge;
5998          (ii) concern for the individual needs of the individuals who appear before the
5999     administrative law judge; and
6000          (iii) careful deliberation;
6001          (b) respectful treatment of others; and
6002          (c) providing individuals a voice and opportunity to be heard.
6003          (8) The performance survey may include questions concerning an administrative law
6004     judge's:
6005          (a) legal ability, including the following:
6006          (i) demonstration of understanding of the substantive law and any relevant rules of
6007     procedure and evidence;
6008          (ii) attentiveness to factual and legal issues before the administrative law judge;

6009          (iii) adherence to precedent and ability to clearly explain departures from precedent;
6010          (iv) grasp of the practical impact on the parties of the administrative law judge's
6011     rulings, including the effect of delay and increased litigation expense;
6012          (v) ability to write clear opinions and decisions; and
6013          (vi) ability to clearly explain the legal basis for opinions;
6014          (b) temperament and integrity, including the following:
6015          (i) demonstration of courtesy toward attorneys, staff, and others in the administrative
6016     law judge's department;
6017          (ii) maintenance of decorum in the courtroom;
6018          (iii) demonstration of judicial demeanor and personal attributes that promote public
6019     trust and confidence in the administrative law judge system;
6020          (iv) preparedness for oral argument;
6021          (v) avoidance of impropriety or the appearance of impropriety;
6022          (vi) display of fairness and impartiality toward all parties; and
6023          (vii) ability to clearly communicate, including the ability to explain the basis for
6024     written rulings, court procedures, and decisions; and
6025          (c) administrative performance, including the following:
6026          (i) management of workload;
6027          (ii) sharing proportionally the workload within the [department] division; and
6028          (iii) issuance of opinions and orders without unnecessary delay.
6029          (9) If the [department] division determines that a certain survey question or category of
6030     questions is not appropriate for a respondent group, the [department] division may omit that
6031     question or category of questions from the survey provided to that respondent group.
6032          (10) (a) The survey shall allow respondents to indicate responses in a manner
6033     determined by the [department] division, which shall be:
6034          (i) on a numerical scale from one to five; or
6035          (ii) in the affirmative or negative, with an option to indicate the respondent's inability
6036     to respond in the affirmative or negative.
6037          (b) To supplement the responses to questions on either a numerical scale or in the
6038     affirmative or negative, the [department] division may allow respondents to provide written
6039     comments.

6040          (11) The [department] division shall compile and make available to each
6041     administrative law judge that administrative law judge's survey results with each of the
6042     administrative law judge's performance evaluations.
6043          Section 145. Section 63A-17-707, which is renumbered from Section 67-19e-107 is
6044     renumbered and amended to read:
6045          [67-19e-107].      63A-17-707. Complaints.
6046          (1) A complaint against an administrative law judge shall be filed with the
6047     [department] division.
6048          (2) Upon receipt of a complaint, the [department] division shall conduct an
6049     investigation.
6050          (3) If the [department's] division's investigation determines that the complaint is
6051     frivolous or without merit, it may dismiss it without further action. A complaint that merely
6052     indicates disagreement, without further misconduct, with the administrative law judge's
6053     decision shall be treated as without merit.
6054          (4) The contents of all complaints and subsequent investigations are classified as
6055     protected under Title 63G, Chapter 2, Government Records Access and Management Act.
6056          Section 146. Section 63A-17-708, which is renumbered from Section 67-19e-108 is
6057     renumbered and amended to read:
6058          [67-19e-108].      63A-17-708. Administrative Law Judge Conduct Committee.
6059          (1) There is created the Administrative Law Judge Conduct Committee to investigate,
6060     review, and hear complaints filed against administrative law judges.
6061          (2) The committee shall be composed of:
6062          (a) the [executive] director, or the [executive] director's designee, as chair; and
6063          (b) four executive directors, or their designees, of agencies that employ or contract with
6064     administrative law judges, to be selected by the [executive] director as needed.
6065          (3) The [department] division shall provide staff for the committee as needed.
6066          Section 147. Section 63A-17-709, which is renumbered from Section 67-19e-109 is
6067     renumbered and amended to read:
6068          [67-19e-109].      63A-17-709. Procedure for review of complaint by conduct
6069     committee.
6070          (1) Upon a determination that a complaint requires further action, the [executive]

6071     director shall select four executive directors or their designees and convene the committee.
6072     The executive director of the agency that employs or contracts with the administrative law
6073     judge who is the subject of the complaint may not be a member of the committee.
6074          (2) The [department] division shall provide a copy of the complaint, along with the
6075     results of the [department's] division's investigation, to the committee and the administrative
6076     law judge who is the subject of the complaint. If the committee directs, a copy of the
6077     complaint and investigation may also be provided to the attorney general.
6078          (3) The committee shall allow an administrative law judge who is the subject of a
6079     complaint to appear and speak at any committee meeting, except a closed meeting, during
6080     which the committee is deliberating the complaint.
6081          (4) The committee may meet in a closed meeting to discuss a complaint against an
6082     administrative law judge by complying with Title 52, Chapter 4, Open and Public Meetings
6083     Act.
6084          (5) After deliberation and discussion of the complaint and all information provided, the
6085     committee shall provide a report, with a recommendation, to the agency. The recommendation
6086     shall include:
6087          (a) a brief description of the complaint and results of the [department's] division's
6088     investigation;
6089          (b) the committee's findings; and
6090          (c) a recommendation from the committee whether action should be taken against the
6091     administrative law judge.
6092          (6) Actions recommended by the committee may include no action, disciplinary action,
6093     termination, or any other action an employer may take against an employee.
6094          (7) The record of an individual committee member's vote on recommended actions
6095     against an administrative law judge is a protected record under Title 63G, Chapter 2,
6096     Government Records Access and Management Act.
6097          Section 148. Section 63A-17-710, which is renumbered from Section 67-19e-110 is
6098     renumbered and amended to read:
6099          [67-19e-110].      63A-17-710. Required training.
6100          (1) Each year that an administrative law judge receives a performance evaluation
6101     conducted by the [department] division under this chapter, the administrative law judge shall

6102     complete the procedural fairness training program described in this section.
6103          (2) The [department] division shall establish a procedural fairness training program
6104     that includes training on how an administrative law judge's actions and behavior influence
6105     others' perceptions of the fairness of the adjudicative process.
6106          (3) The procedural fairness training program shall include discussion of the following
6107     elements of procedural fairness:
6108          (a) neutrality, including:
6109          (i) consistent and equal treatment of the individuals who appear before the
6110     administrative law judge;
6111          (ii) concern for the individual needs of the individuals who appear before the
6112     administrative law judge; and
6113          (iii) unhurried and careful deliberation;
6114          (b) respectful treatment of others; and
6115          (c) providing individuals a voice and opportunity to be heard.
6116          (4) The [department] division may contract with a public or private person to develop
6117     or provide the procedural fairness training program.
6118          (5) The [department] division shall ensure that the procedural fairness training program
6119     complies with Title 63G, Chapter 22, State Training and Certification Requirements.
6120          Section 149. Section 63A-17-801, which is renumbered from Section 67-19-6.3 is
6121     renumbered and amended to read:
6122     
Part 8. Plans and Programs

6123          [67-19-6.3].      63A-17-801. Equal employment opportunity plan.
6124          (1) In conjunction with the director's duties under Section [67-19-6] 63A-17-106, and
6125     notwithstanding the general prohibition in Subsection 34A-5-106(3)(c), the [executive] director
6126     shall prepare an equal employment opportunity plan for state employment consistent with the
6127     guidelines provided in federal equal employment opportunity laws and in related federal
6128     regulations.
6129          (2) The equal employment opportunity plan required by this section applies only to
6130     state career service employees described in Section [67-19-15] 63A-17-301.
6131          (3) The Legislature shall review the equal employment opportunity plan required by
6132     this section before it may be implemented.

6133          (4) Nothing in this section requires the establishment of hiring quotas or preferential
6134     treatment of any identifiable group.
6135          Section 150. Section 63A-17-802, which is renumbered from Section 67-19-12.2 is
6136     renumbered and amended to read:
6137          [67-19-12.2].      63A-17-802. Education benefit plan for law enforcement and
6138     correctional officers.
6139          [(1) As used in this section, "law enforcement officer" has the same meaning as in
6140     Section 53-13-103 and "correctional officer" has the same meaning as in Section 53-13-104.]
6141          (1) As used in this section:
6142          (a) "Law enforcement officer" means the same as that term is defined in Section
6143     53-13-103.
6144          (b) "Correctional officer" means the same as that term is defined in Section 53-13-104.
6145          (2) The [executive] director shall establish a plan authorizing any agency to implement
6146     an educational compensation program for law enforcement officers and correctional officers
6147     employed by that agency.
6148          (3) The program shall provide that in order for a law enforcement officer or
6149     correctional officer to qualify for education benefits for college or university education, the law
6150     enforcement officer or correctional officer shall:
6151          (a) provide a certified transcript of grades, demonstrating a grade point average of 3.0
6152     or greater, from an accredited college or university; and
6153          (b) have successfully completed the probationary employment period with the
6154     employing agency.
6155          (4) The program shall also provide that the agency may consider a law enforcement
6156     officer or correctional officer to receive additional compensation as follows for higher
6157     education degrees earned on or after April 30, 2001, in a subject area directly related to the law
6158     enforcement officer's or correctional officer's employment with the agency:
6159          (a) 5.5% for an associate's degree;
6160          (b) 5.5% for a bachelor's degree; and
6161          (c) 5.5% for a master's degree.
6162          (5) Expenses incurred by an agency to provide additional compensation under this
6163     section may be only from the agency's existing budget.

6164          Section 151. Section 63A-17-803, which is renumbered from Section 67-19-12.5 is
6165     renumbered and amended to read:
6166          [67-19-12.5].      63A-17-803. Creation of Flexible Benefit Program --
6167     Rulemaking power granted to establish program.
6168          (1) The [department] division shall establish for calendar year 1990 and thereafter a
6169     Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
6170          (2) The [department] division shall establish accounts for all employees eligible for
6171     benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
6172          (3) (a) Each account established under this section shall include employee paid
6173     premiums for health and dental services.
6174          (b) The account may also include, at the option of the employee, out-of-pocket
6175     employee medical and dependent care expenses.
6176          (c) Accounts may also include other expenses allowed under the Internal Revenue
6177     Code of 1986.
6178          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6179     [department] division may make rules to implement the program established under this section.
6180          Section 152. Section 63A-17-804, which is renumbered from Section 67-19-14.3 is
6181     renumbered and amended to read:
6182          [67-19-14.3].      63A-17-804. Continuation of Insurance Benefits Program --
6183     Creation -- Coverage following death in the line of duty.
6184          (1) There is created the "Continuation of Insurance Benefits Program" to provide a
6185     continuation of insurance to the surviving spouse and family of any state employee whose
6186     death occurs in the line of duty.
6187          (2) The insurance coverage shall be the same coverage as provided under Section
6188     49-20-406.
6189          (3) The program provides that unused accumulated sick leave of a deceased employee
6190     may be used for additional medical coverage in the same manner as provided under Section
6191     [67-19-14.2 or 67-19-14.4] 63A-17-507 or 63A-17-508 as applicable.
6192          Section 153. Section 63A-17-805, which is renumbered from Section 67-19-43 is
6193     renumbered and amended to read:
6194          [67-19-43].      63A-17-805. State employee matching supplemental defined

6195     contribution benefit.
6196          (1) As used in this section:
6197          (a) "Qualifying account" means:
6198          (i) a defined contribution plan qualified under Section 401(k) of the Internal Revenue
6199     Code, which is sponsored by the Utah State Retirement Board; [or]
6200          (ii) a deemed Individual Retirement Account authorized under the Internal Revenue
6201     Code, which is sponsored by the Utah State Retirement Board; or
6202          (iii) a similar savings plan or account authorized under the Internal Revenue Code,
6203     which is sponsored by the Utah State Retirement Board.
6204          (b) "Qualifying employee" means an employee who is:
6205          (i) in a position that is:
6206          (A) receiving retirement benefits under Title 49, Utah State Retirement and Insurance
6207     Benefit Act; and
6208          (B) accruing paid leave benefits that can be used in the current and future calendar
6209     years; and
6210          (ii) not an employee who is reemployed as that term is:
6211          (A) defined in Section 49-11-1202; or
6212          (B) used in Section 49-11-504.
6213          (2) Subject to the requirements of Subsection (3) [and beginning on or after January 4,
6214     2014], an employer shall make a biweekly matching contribution to every qualifying
6215     employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue
6216     Code, subject to federal requirements and limitations, which is sponsored by the Utah State
6217     Retirement Board.
6218          (3) (a) In accordance with the requirements of this Subsection (3), each qualifying
6219     employee shall be eligible to receive the same dollar amount for the contribution under
6220     Subsection (2).
6221          (b) A qualifying employee:
6222          (i) shall receive the contribution amount determined under Subsection (3)(c) if the
6223     qualifying employee makes a voluntary personal contribution to one or more qualifying
6224     accounts in an amount equal to or greater than the employer's contribution amount determined
6225     in Subsection (3)(c);

6226          (ii) shall receive a partial contribution amount that is equal to the qualifying employee's
6227     personal contribution amount if the employee makes a voluntary personal contribution to one
6228     or more qualifying accounts in an amount less than the employer's contribution amount
6229     determined in Subsection (3)(c); or
6230          (iii) may not receive a contribution under Subsection (2) if the qualifying employee
6231     does not make a voluntary personal contribution to a qualifying account.
6232          (c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
6233     annually determine the contribution amount that an employer shall provide to each qualifying
6234     employee under Subsection (2).
6235          (ii) The [department] division shall make recommendations annually to the Legislature
6236     on the contribution amount required under Subsection (2), in consultation with the Governor's
6237     Office of Management and Budget and the Division of Finance.
6238          (iii) The biweekly matching contribution amount required under Subsection (2) may
6239     not exceed $26 for each qualifying employee.
6240          (4) A qualifying employee is eligible to receive the biweekly contribution under this
6241     section for any pay period in which the employee is in a paid status or other status protected by
6242     federal or state law.
6243          (5) The employer and employee contributions made and related earnings under this
6244     section vest immediately upon deposit and can be withdrawn by the employee at any time,
6245     subject to Internal Revenue Code regulations on the withdrawals.
6246          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6247     [executive] director shall make rules establishing procedures to implement the provisions of
6248     this section.
6249          Section 154. Section 63A-17-806, which is renumbered from Section 67-19-45 is
6250     renumbered and amended to read:
6251          [67-19-45].      63A-17-806. Definitions -- Infant at Work Pilot Program --
6252     Administration -- Report.
6253          (1) As used in this section:
6254          (a) "Eligible employee" means an employee who has been employed by the
6255     Department of Health for a minimum of:
6256          (i) 12 consecutive months; and

6257          (ii) 1,250 hours, excluding paid time off during the 12-month period immediately
6258     preceding the day on which the employee applies for participation in the program.
6259          (b) "Infant" means a baby that is at least six weeks of age and no more than six months
6260     of age.
6261          (c) "Parent" means:
6262          (i) a biological or adoptive parent of an infant; or
6263          (ii) an individual who has an infant placed in the individual's foster care by the
6264     Division of Child and Family Services.
6265          (d) "Program" means the Infant at Work Pilot Program established in this section.
6266          (2) There is created the Infant at Work Pilot Program for eligible employees.
6267          (3) The program shall:
6268          (a) allow an eligible employee to bring the eligible employee's infant to work subject to
6269     the provisions of this section;
6270          (b) be administered by the [department] division; and
6271          (c) be implemented for a minimum of one year.
6272          (4) The [department] division shall establish an application process for eligible
6273     employees of the Department of Health to apply to the program that includes:
6274          (a) a process for evaluating whether an eligible employee's work environment is
6275     appropriate for an infant;
6276          (b) guidelines for infant health and safety; and
6277          (c) guidelines regarding an eligible employee's initial and ongoing participation in the
6278     program.
6279          (5) If the [department] division approves the eligible employee for participation in the
6280     program, the eligible employee shall have the sole responsibility for the care and safety of the
6281     infant at the workplace.
6282          (6) The [department] division may not require the Department of Health to designate or
6283     set aside space for an eligible employee's infant other than the eligible employee's existing
6284     work space.
6285          (7) The [department] division, in consultation with the Department of Health, shall
6286     adopt rules that the department determines necessary to establish the program in accordance
6287     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

6288          (8) [By] On or before June 30, 2022, the [department] division, in consultation with the
6289     Department of Health, shall submit a written report to the Business and Labor Interim
6290     Committee that describes the efficacy of the program, including any recommendations for
6291     additional legislative action.
6292          Section 155. Section 63A-17-807, which is renumbered from Section 67-19c-101 is
6293     renumbered and amended to read:
6294          [67-19c-101].      63A-17-807. Department award program.
6295          (1) As used in this section:
6296          (a) "Department" means the Department of [Administrative Services] Government
6297     Operations, the Department of Agriculture and Food, the Department of Alcoholic Beverage
6298     Control, the Department of Commerce, the Department of Heritage and Arts, the Department
6299     of Corrections, the Department of Workforce Services, the Department of Environmental
6300     Quality, the Department of Financial Institutions, the Department of Health, [the Department of
6301     Human Resource Management,] the Department of Human Services, the Insurance
6302     Department, the National Guard, the Department of Natural Resources, the Department of
6303     Public Safety, the Public Service Commission, the Labor Commission, the State Board of
6304     Education, the Utah Board of Higher Education, the State Tax Commission, [the Department
6305     of Technology Services,] and the Department of Transportation.
6306          (b) "Department head" means the individual or body of individuals in whom the
6307     ultimate legal authority of the department is vested by law.
6308          (2) There is created a department awards program to award an outstanding employee in
6309     each department of state government.
6310          (3) (a) [By] On or before April 1 of each year, each department head shall solicit
6311     nominations for outstanding employee of the year for [his] that department from the employees
6312     in [his] that department.
6313          (b) [By] On or before July 1 of each year, the department head shall:
6314          (i) select a person from the department to receive the outstanding employee of the year
6315     award using the criteria established in Subsection (3)(c); and
6316          (ii) announce the recipient of the award to [his] the employees of the department.
6317          (c) Department heads shall make the award to [a person] an employee who
6318     demonstrates:

6319          (i) extraordinary competence in performing [his] the employee's function;
6320          (ii) creativity in identifying problems and devising workable, cost-effective solutions
6321     [to them];
6322          (iii) excellent relationships with the public and other employees;
6323          (iv) a commitment to serving the public as the client; and
6324          (v) a commitment to economy and efficiency in government.
6325          (4) (a) The [Department of Human Resource Management] division shall divide any
6326     appropriation for outstanding department employee awards that [it] the division receives from
6327     the Legislature equally among the departments.
6328          (b) If [the] a department receives money from the [Department of Human Resource
6329     Management] division or if [the] a department budget allows, [the] that department head shall
6330     provide the employee with a bonus, a plaque, or some other suitable acknowledgement of the
6331     award.
6332          (5) (a) [The] A department head may name the award after an exemplary present or
6333     former employee of the department.
6334          (b) A department head may not name the award for [himself] oneself or for any relative
6335     as defined in Section 52-3-1.
6336          [(c) Any awards or award programs existing in any department as of May 3, 1993, shall
6337     be modified to conform to the requirements of this section.]
6338          Section 156. Section 63A-17-901, which is renumbered from Section 67-25-102 is
6339     renumbered and amended to read:
6340     
Part 9. General Requirements for State Officers and Employees

6341          [67-25-102].      63A-17-901. Definitions.
6342          As used in this [chapter] part:
6343          (1) "Career service employee" [is as] means the same as that term is defined in Section
6344     [67-19-3] 63A-17-102.
6345          (2) "Executive branch elected official" means:
6346          (a) the governor;
6347          (b) the lieutenant governor;
6348          (c) the attorney general;
6349          (d) the state treasurer; or

6350          (e) the state auditor.
6351          (3) "Executive branch official" means an individual who:
6352          (a) is a management level employee of an executive branch elected official; and
6353          (b) is not a career service employee.
6354          (4) "State agency" means a department, division, board, council, committee, institution,
6355     office, bureau, or other similar administrative unit of the executive branch of state government.
6356          Section 157. Section 63A-17-902, which is renumbered from Section 67-25-201 is
6357     renumbered and amended to read:
6358          [67-25-201].      63A-17-902. State agency work week.
6359          (1) Except as provided in Subsection (2), and subject to Subsection (3):
6360          (a) a state agency with five or more employees shall, at least nine hours per day on
6361     Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
6362     another entity of the state, a political subdivision, or the public:
6363          (i) in person;
6364          (ii) online; or
6365          (iii) by telephone; and
6366          (b) a state agency with fewer than five employees shall, at least eight hours per day on
6367     Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
6368     another entity of the state, a political subdivision, or the public:
6369          (i) in person;
6370          (ii) online; or
6371          (iii) by telephone.
6372          (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
6373     provide a service, on a holiday established under Section 63G-1-301.
6374          (b) Except for a legal holiday established under Section 63G-1-301, the following state
6375     agencies shall operate at least one physical location, and as many physical locations as
6376     necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
6377     to provide a service required by statute to another entity of the state, a political subdivision, or
6378     the public:
6379          (i) the [Department] Division of Technology Services, created in Section [63F-1-103]
6380     63A-16-103;

6381          (ii) the Division of Child and Family Services, created in Section 62A-4a-103; and
6382          (iii) the Office of Guardian Ad Litem, created in Section 78A-6-901.
6383          (3) A state agency shall make staff available, as necessary, to provide:
6384          (a) services incidental to a court or administrative proceeding, during the hours of
6385     operation of a court or administrative body, including:
6386          (i) testifying;
6387          (ii) the production of records or evidence; and
6388          (iii) other services normally available to a court or administrative body;
6389          (b) security services; and
6390          (c) emergency services.
6391          (4) This section does not limit the days or hours a state agency may operate.
6392          (5) To provide a service as required by Subsection (1), the chief administrative officer
6393     of a state agency may determine:
6394          (a) the number of physical locations, if any are required by this section, operating each
6395     day;
6396          (b) the daily hours of operation of a physical location;
6397          (c) the number of state agency employees who work per day; and
6398          (d) the hours a state agency employee works per day.
6399          (6) To provide a service as required by Subsection (2)(b), the chief administrative
6400     officer of a state agency, or a person otherwise designated by law, may determine:
6401          (a) the number of physical locations operating each day;
6402          (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
6403     location;
6404          (c) the number of state agency employees who work per day; and
6405          (d) the hours a state agency employee works per day.
6406          (7) A state agency shall:
6407          (a) provide information, accessible from a conspicuous link on the home page of the
6408     state agency's website, on a method that a person may use to schedule an in-person meeting
6409     with a representative of the state agency; and
6410          (b) except as provided in Subsection (8), as soon as reasonably possible:
6411          (i) contact a person who makes a request for an in-person meeting; and

6412          (ii) when appropriate, schedule and hold an in-person meeting with the person that
6413     requests an in-person meeting.
6414          (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
6415     the contact or meeting:
6416          (a) would constitute a conflict of interest;
6417          (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
6418     Utah Procurement Code;
6419          (c) would violate an ethical requirement of the state agency or an employee of the state
6420     agency; or
6421          (d) would constitute a violation of law.
6422          Section 158. Section 63A-17-903, which is renumbered from Section 67-25-302 is
6423     renumbered and amended to read:
6424          [67-25-302].      63A-17-903. Restrictions on outside employment by
6425     executive branch employees.
6426          (1) An employee who is under the direction or control of an executive branch elected
6427     official may not engage in outside employment that:
6428          (a) constitutes a conflict of interest;
6429          (b) interferes with the ability of the employee to fulfill the employee's job
6430     responsibilities;
6431          (c) constitutes the provision of political services, political consultation, or lobbying;
6432          (d) involves the provision of consulting services, legal services, or other services to a
6433     person that the employee could, within the course and scope of the employee's primary
6434     employment, provide to the person; or
6435          (e) interferes with the hours that the employee is expected to perform work under the
6436     direction or control of an executive branch elected official, unless the employee takes
6437     authorized personal leave during the time that the person engages in the outside employment.
6438          (2) An executive branch official shall be subject to the same restrictions on outside
6439     employment as a career service employee.
6440          (3) This section does not prohibit an employee from advocating the position of the
6441     state office that employs the employee regarding legislative action or other government action.
6442          Section 159. Section 63A-17-904, which is renumbered from Section 67-19-19 is

6443     renumbered and amended to read:
6444          [67-19-19].      63A-17-904. Political activity of employees -- Rules and regulations
6445     -- Highway patrol -- Hatch Act.
6446          (1) Except as otherwise provided by law or by rules [promulgated] made under this
6447     section for federally aided programs, the [following] provisions of this section apply with
6448     regard to political activity of career service employees in all grades and positions[:].
6449          [(1)] (2) Career service employees may voluntarily participate in political activity
6450     subject to the following provisions:
6451          (a) if any career service employee is elected to any partisan or full-time nonpartisan
6452     political office, that employee shall be granted a leave of absence without pay for times when
6453     monetary compensation is received for service in political office;
6454          (b) no officer or employee in career service may engage in any political activity during
6455     the hours of employment, nor may any person solicit political contributions from employees of
6456     the executive branch during hours of employment for political purposes; and
6457          (c) partisan political activity may not be a basis for employment, promotion, demotion,
6458     or dismissal, except that the [executive] director shall adopt rules providing for the discipline
6459     or punishment of a state officer or employee who violates any provision of this section.
6460          [(2)] (3) (a) Notwithstanding any other provision of this section, no member of the
6461     Utah Highway Patrol may use [his] the member's official authority or influence for the purpose
6462     of interfering with an election or affecting the results of an election.
6463          (b) No person may induce or attempt to induce any member of the Utah Highway
6464     Patrol to participate in any activity prohibited by this Subsection [(2)] (3).
6465          [(3)] (4) Nothing contained in this section may be construed to:
6466          (a) preclude voluntary contributions by an employee to the party or candidate of the
6467     officer's or employee's choice; or
6468          (b) permit partisan political activity by any employee who is prevented or restricted
6469     from engaging in the political activity by the provisions of the federal Hatch Act.
6470          Section 160. Section 63A-17-1001, which is renumbered from Section 67-19-33 is
6471     renumbered and amended to read:
6472     
Part 10. Controlled Substances and Alcohol Use

6473          [67-19-33].      63A-17-1001. Controlled substances and alcohol use prohibited.

6474          Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, an employee
6475     may not:
6476          (1) manufacture, dispense, possess, use, distribute, or be under the influence of a
6477     controlled substance or alcohol during work hours or on state property except where legally
6478     permissible;
6479          (2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
6480     if the activity prevents:
6481          (a) state agencies from receiving federal grants or performing under federal contracts of
6482     $25,000 or more; or
6483          (b) the employee to perform his services or work for state government effectively as
6484     regulated by the rules of the executive director in accordance with Section [67-19-34]
6485     63A-17-1402; or
6486          (3) refuse to submit to a drug or alcohol test under Section [67-19-36] 63A-17-1404.
6487          Section 161. Section 63A-17-1002, which is renumbered from Section 67-19-34 is
6488     renumbered and amended to read:
6489          [67-19-34].      63A-17-1002. Rulemaking power to director.
6490          In accordance with this [chapter] part and Title 63G, Chapter 3, Utah Administrative
6491     Rulemaking Act, the [executive] director shall make rules regulating:
6492          (1) disciplinary actions for employees subject to discipline under Section [67-19-37]
6493     63A-17-1405;
6494          (2) the testing of employees for the use of controlled substances or alcohol as provided
6495     in Section [67-19-36] 63A-17-1404;
6496          (3) the confidentiality of drug testing and test results performed under Section
6497     [67-19-36] 63A-17-1404 in accordance with Title 63G, Chapter 2, Government Records
6498     Access and Management Act; and
6499          (4) minimum blood levels of alcohol or drug content for work effectiveness of an
6500     employee.
6501          Section 162. Section 63A-17-1003, which is renumbered from Section 67-19-35 is
6502     renumbered and amended to read:
6503          [67-19-35].      63A-17-1003. Reporting of convictions under federal and state drug
6504     laws.

6505          (1) An employee who is convicted under a federal or state criminal statute regulating
6506     the manufacture, distribution, dispensation, possession, or use of a controlled substance shall
6507     report the conviction to the director of [his] the employee's agency within five calendar days
6508     after the date of conviction.
6509          (2) Upon notification either under Subsection (1) or otherwise, the director of the
6510     agency shall notify the federal agency for which a contract is being performed within 10 days
6511     after receiving notice.
6512          Section 163. Section 63A-17-1004, which is renumbered from Section 67-19-36 is
6513     renumbered and amended to read:
6514          [67-19-36].      63A-17-1004. Drug testing of state employees.
6515          (1) Except as provided in Subsection (2), when there is reasonable suspicion that an
6516     employee is using a controlled substance or alcohol unlawfully during work hours, an
6517     employee may be required to submit to medically accepted testing procedures for a
6518     determination of whether the employee is using a controlled substance or alcohol in violation
6519     of this part.
6520          (2) In highly sensitive positions, as identified in department class specifications,
6521     random drug testing of employees may be conducted by an agency in accordance with the rules
6522     of the [executive] director.
6523          (3) All drug or alcohol testing shall be:
6524          (a) conducted by a federally certified and licensed physician, a federally certified and
6525     licensed medical clinic, or testing facility federally certified and licensed to conduct medically
6526     accepted drug testing;
6527          (b) conducted in accordance with the rules of the [executive] director made under
6528     Section [67-19-34] 63A-17-1402; and
6529          (c) kept confidential in accordance with the rules of the [executive] director made in
6530     accordance with Section [67-19-34] 63A-17-1402.
6531          (4) A physician, medical clinic, or testing facility may not be held liable in any civil
6532     action brought by a party for:
6533          (a) performing or failing to perform a test under this section;
6534          (b) issuing or failing to issue a test result under this section; or
6535          (c) acting or omitting to act in any other way in good faith under this section.

6536          Section 164. Section 63A-17-1005, which is renumbered from Section 67-19-37 is
6537     renumbered and amended to read:
6538          [67-19-37].      63A-17-1005. Discipline of employees.
6539          An employee shall be subject to the rules of discipline of the [executive] director made
6540     in accordance with Section [67-19-34] 63A-17-1402, if the employee:
6541          (1) refuses to submit to testing procedures provided in Section [67-19-36]
6542     63A-17-1404;
6543          (2) refuses to complete a drug rehabilitation program in accordance with Subsection
6544     [67-19-38] 63A-17-1406(3);
6545          (3) is convicted under a federal or state criminal statute regulating the manufacture,
6546     distribution, dispensation, possession, or use of a controlled substance; or
6547          (4) manufactures, dispenses, possesses, uses, or distributes a controlled substance in
6548     violation of state or federal law during work hours or on state property.
6549          Section 165. Section 63A-17-1006, which is renumbered from Section 67-19-38 is
6550     renumbered and amended to read:
6551          [67-19-38].      63A-17-1006. Violations and penalties.
6552          In addition to other criminal penalties provided by law, an employee who:
6553          (1) fails to notify the employee's director under Section [67-19-35] 63A-17-1403 is
6554     subject to disciplinary proceedings as established by the [executive] director by rule in
6555     accordance with Section [67-19-34] 63A-17-1402;
6556          (2) refuses to submit to testing procedures provided for in Section [67-19-36]
6557     63A-17-1404, may be suspended immediately without pay pending further disciplinary action
6558     as [set forth in the rules of the executive] provided by rule, made by the director in accordance
6559     with Section [67-19-34] 63A-17-1402; or
6560          (3) tests positive for the presence of unlawfully used controlled substances or alcohol
6561     may be required, as part of the employee's disciplinary treatment, to complete a drug
6562     rehabilitation program at the employee's expense within 60 days after receiving the positive test
6563     results or be subject to further disciplinary procedures established by rule [of the executive]
6564     made by the director in accordance with Section [67-19-34] 63A-17-1402.
6565          Section 166. Section 63A-17-1007, which is renumbered from Section 67-19-39 is
6566     renumbered and amended to read:

6567          [67-19-39].      63A-17-1007. Exemptions.
6568          Peace officers, as defined under Title 53, Chapter 13, Peace Officer Classifications,
6569     acting in their official capacity as peace officers in undercover roles and assignments, are
6570     exempt from the provisions of this act.
6571          Section 167. Section 63B-7-501 is amended to read:
6572          63B-7-501. Revenue bond authorizations.
6573          (1) (a) It is the intent of the Legislature that the State Building Ownership Authority,
6574     under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
6575     may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
6576     which participation interests may be created, to provide up to $1,568,600 for the construction
6577     of a Utah Correctional Industries Facility at the Central Utah Correctional Facility at Gunnison,
6578     together with additional amounts necessary to pay costs of issuance, pay capitalized interest,
6579     and fund any debt service requirements.
6580          (b) The State Building Ownership Authority shall work cooperatively with the
6581     Department of Corrections to seek out the most cost effective and prudent lease purchase plan
6582     available.
6583          (c) It is the intent of the Legislature that program revenues be used as the primary
6584     revenue source for repayment of any obligation created under authority of this Subsection (1).
6585          (2) It is the intent of the Legislature that:
6586          (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
6587     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
6588     money on the credit, income, and revenues of the University of Utah, other than appropriations
6589     of the Legislature, to finance the cost of constructing, furnishing, and equipping student
6590     housing;
6591          (b) University funds and housing rental revenues be used as the primary revenue source
6592     for repayment of any obligation created under authority of this Subsection (2); and
6593          (c) the bonds or other evidences of indebtedness authorized by this Subsection (2) may
6594     provide up to $86,000,000 together with other amounts necessary to pay costs of issuance, pay
6595     capitalized interest, and fund any debt service reserve requirements.
6596          (3) It is the intent of the Legislature that:
6597          (a) the State Board of Regents on behalf of the University of Utah issue, sell, and

6598     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
6599     money on the credit, income, and revenues of the University of Utah, other than appropriations
6600     of the Legislature, to finance the cost of constructing, furnishing, and equipping a Health
6601     Sciences Parking Structure;
6602          (b) University funds and parking revenues be used as the primary revenue source for
6603     repayment of any obligation created under authority of this Subsection (3); and
6604          (c) the bonds or other evidences of indebtedness authorized by this Subsection (3) may
6605     provide up to $12,000,000, together with other amounts necessary to pay costs of issuance, pay
6606     capitalized interest, and fund any debt service reserve requirements.
6607          (4) It is the intent of the Legislature that:
6608          (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
6609     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
6610     money on the credit and income and revenues of the University of Utah, other than
6611     appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
6612     a Southwest Campus Parking Structure;
6613          (b) University funds and parking revenues be used as the primary revenue source for
6614     repayment of any obligation created under authority of this Subsection (4); and
6615          (c) the bonds or other evidences of indebtedness authorized by this Subsection (4) may
6616     provide up to $7,200,000, together with other amounts necessary to pay costs of issuance, pay
6617     capitalized interest, and fund any debt service reserve requirements.
6618          (5) It is the intent of the Legislature that:
6619          (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
6620     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
6621     money on the credit and income and revenues of the University of Utah, other than
6622     appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
6623     an expansion of the Eccles Broadcast Center;
6624          (b) University funds and service revenues be used as the primary revenue source for
6625     repayment of any obligation created under authority of this Subsection (5); and
6626          (c) the bonds or other evidences of indebtedness authorized by this Subsection (5) may
6627     provide up to $5,100,000, together with other amounts necessary to pay costs of issuance, pay
6628     capitalized interest, and fund any debt service reserve requirements.

6629          (6) It is the intent of the Legislature that:
6630          (a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
6631     deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
6632     money on the credit and income and revenues of the University of Utah, other than
6633     appropriations of the Legislature, to finance the cost of constructing, furnishing, equipping, and
6634     remodeling facilities for perinatal services, adult critical care services, clinical training and
6635     support, and upgrade of the University Hospital Rehabilitation Unit, and for purchase of the
6636     University Neuropsychiatric Institute and Summit Health Center in Park West;
6637          (b) University Hospital revenues be used as the primary revenue source for repayment
6638     of any obligation created under authority of this Subsection (6); and
6639          (c) the bonds or other evidences of indebtedness authorized by this Subsection (6) may
6640     provide up to $23,300,000 together with other amounts necessary to pay costs of issuance, pay
6641     capitalized interest, and fund any debt service reserve requirements.
6642          (7) It is the intent of the Legislature that:
6643          (a) the State Board of Regents, on behalf of Weber State University, issue, sell, and
6644     deliver revenue bonds or other evidences of indebtedness of Weber State University to borrow
6645     money on the credit and income and revenues of Weber State University, other than
6646     appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
6647     student housing;
6648          (b) University funds and housing rental revenues be used as the primary revenue source
6649     for repayment of any obligation created under authority of this Subsection (7); and
6650          (c) the bonds or other evidences of indebtedness authorized by this Subsection (7) may
6651     provide up to $19,000,000 together with other amounts necessary to pay costs of issuance, pay
6652     capitalized interest, and fund any debt service reserve requirements.
6653          (8) (a) It is the intent of the Legislature that the State Building Ownership Authority,
6654     under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
6655     may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
6656     which participation interests may be created, to provide up to $1,100,000 for the construction
6657     of surplus property facilities for the Division of Fleet Operations, together with additional
6658     amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service
6659     reserve requirements.

6660          (b) The State Building Ownership Authority shall work cooperatively with the
6661     Department of [Administrative Services] Government Operations to seek out the most cost
6662     effective and prudent lease purchase plan available.
6663          (c) It is the intent of the Legislature that Internal Service Fund revenues be used as the
6664     primary revenue source for repayment of any obligation created under authority of this
6665     Subsection (8).
6666          (9) (a) Contingent upon the state of Utah receiving a perfected security interest in
6667     accordance with Senate Joint Resolution 14, 1998 Annual General Session, the State Building
6668     Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State Building
6669     Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease
6670     purchase agreement in which participation interests may be created, to provide up to
6671     $25,000,000 for the cost of constructing, furnishing, and equipping housing facilities at the
6672     University of Utah, together with additional amounts necessary to:
6673          (i) pay costs of issuance;
6674          (ii) pay capitalized interest; and
6675          (iii) fund any debt service reserve requirements.
6676          (b) The State Building Ownership Authority and the University of Utah may enter into
6677     real estate arrangements and security arrangements that are:
6678          (i) necessary to accomplish the purposes of this Subsection (9); and
6679          (ii) not inconsistent with the requirements of Senate Joint Resolution 14, 1998 Annual
6680     General Session.
6681          (10) In order to achieve a debt service savings, it is the intent of the Legislature that the
6682     State Building Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State
6683     Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange
6684     for a lease purchase agreement in which participation interests may be created, to provide
6685     sufficient funding to exercise the state's option to purchase the Youth Corrections Facility in
6686     Salt Lake County currently financed by Salt Lake County.
6687          Section 168. Section 63E-1-302 is amended to read:
6688          63E-1-302. Review by committee required for creating an independent entity.
6689          (1) If a government requestor proposes that the Legislature create an independent
6690     entity, that government requestor shall request that the committee review the proposal.

6691          (2) After receiving a request for review under Subsection (1), the chairs of the
6692     committee:
6693          (a) shall schedule a meeting of the committee to review the proposal; and
6694          (b) may request information from executive and legislative branch entities and officers
6695     concerning the proposal including:
6696          (i) whether or not the proposed independent entity should be exempt from any state
6697     statute;
6698          (ii) the need for oversight of the proposed independent entity by an executive branch
6699     agency;
6700          (iii) the need for and requirements of audits of the proposed independent entity;
6701          (iv) the custody of the proposed independent entity's funds;
6702          (v) the legal representation of the proposed independent entity;
6703          (vi) whether or not the state should receive services from or provide services to the
6704     proposed independent entity; and
6705          (vii) the legal liability, if any, to the state if the proposed independent entity is created.
6706          (3) In requesting information from executive and legislative branch entities or officers
6707     under Subsection (2), the committee should specifically consider seeking information from:
6708          (a) the state auditor;
6709          (b) the state treasurer;
6710          (c) the attorney general;
6711          (d) the risk manager; and
6712          (e) the executive director of the Department of [Administrative Services] Government
6713     Operations.
6714          Section 169. Section 63G-1-301 is amended to read:
6715          63G-1-301. Legal holidays -- Personal preference day -- Governor authorized to
6716     declare additional days.
6717          (1) (a) The following-named days are legal holidays in this state:
6718          (i) every Sunday;
6719          (ii) January 1, called New Year's Day;
6720          (iii) the third Monday of January, called Dr. Martin Luther King, Jr. Day;
6721          (iv) the third Monday of February, called Washington and Lincoln Day;

6722          (v) the last Monday of May, called Memorial Day;
6723          (vi) July 4, called Independence Day;
6724          (vii) July 24, called Pioneer Day;
6725          (viii) the first Monday of September, called Labor Day;
6726          (ix) the second Monday of October, called Columbus Day;
6727          (x) November 11, called Veterans Day;
6728          (xi) the fourth Thursday of November, called Thanksgiving Day;
6729          (xii) December 25, called Christmas; and
6730          (xiii) all days which may be set apart by the President of the United States, or the
6731     governor of this state by proclamation as days of fast or thanksgiving.
6732          (b) If any of the holidays under Subsection (1)(a), except the first mentioned, namely
6733     Sunday, falls on Sunday, then the following Monday shall be the holiday.
6734          (c) If any of the holidays under Subsection (1)(a) falls on Saturday the preceding Friday
6735     shall be the holiday.
6736          (d) Each employee may select one additional day, called Personal Preference Day, to
6737     be scheduled pursuant to rules adopted by the [Department] Division of Human Resource
6738     Management.
6739          (2) (a) Whenever in the governor's opinion extraordinary conditions exist justifying the
6740     action, the governor may:
6741          (i) declare, by proclamation, legal holidays in addition to those holidays under
6742     Subsection (1); and
6743          (ii) limit the holidays to certain classes of business and activities to be designated by
6744     the governor.
6745          (b) A holiday may not extend for a longer period than 60 consecutive days.
6746          (c) Any holiday may be renewed for one or more periods not exceeding 30 days each as
6747     the governor may consider necessary, and any holiday may, by like proclamation, be terminated
6748     before the expiration of the period for which it was declared.
6749          Section 170. Section 63G-2-501 is amended to read:
6750          63G-2-501. State Records Committee created -- Membership -- Terms --
6751     Vacancies -- Expenses.
6752          (1) There is created the State Records Committee within the Department of

6753     [Administrative Services] Government Operations consisting of the following seven
6754     individuals:
6755          (a) an individual in the private sector whose profession requires the individual to create
6756     or manage records that, if created by a governmental entity, would be private or controlled;
6757          (b) an individual with experience with electronic records and databases, as
6758     recommended by a statewide technology advocacy organization that represents the public,
6759     private, and nonprofit sectors;
6760          (c) the director of the Division of Archives and Records Services or the director's
6761     designee;
6762          (d) two citizen members;
6763          (e) one person representing political subdivisions, as recommended by the Utah League
6764     of Cities and Towns; and
6765          (f) one individual representing the news media.
6766          (2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
6767     (e), and (f) with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
6768     Part 2, Vacancies.
6769          (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
6770     member to a four-year term.
6771          (b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
6772     or reappointment, adjust the length of terms to ensure that the terms of committee members are
6773     staggered so that approximately half of the committee is appointed every two years.
6774          (c) Each appointed member is eligible for reappointment for one additional term.
6775          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
6776     appointed for the unexpired term.
6777          (5) A member of the State Records Committee may not receive compensation or
6778     benefits for the member's service on the committee, but may receive per diem and travel
6779     expenses in accordance with:
6780          (a) Section 63A-3-106;
6781          (b) Section 63A-3-107; and
6782          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
6783          (6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the

6784     conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
6785          Section 171. Section 63G-3-102 is amended to read:
6786          63G-3-102. Definitions.
6787          As used in this chapter:
6788          (1) "Administrative record" means information an agency relies upon when making a
6789     rule under this chapter including:
6790          (a) the proposed rule, change in the proposed rule, and the rule analysis form;
6791          (b) the public comment received and recorded by the agency during the public
6792     comment period;
6793          (c) the agency's response to the public comment;
6794          (d) the agency's analysis of the public comment; and
6795          (e) the agency's report of its decision-making process.
6796          (2) "Agency" means each state board, authority, commission, institution, department,
6797     division, officer, or other state government entity other than the Legislature, its committees, the
6798     political subdivisions of the state, or the courts, which is authorized or required by law to make
6799     rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
6800     perform other similar actions or duties delegated by law.
6801          (3) "Bulletin" means the Utah State Bulletin.
6802          (4) "Catchline" means a short summary of each section, part, rule, or title of the code
6803     that follows the section, part, rule, or title reference placed before the text of the rule and serves
6804     the same function as boldface in legislation as described in Section 68-3-13.
6805          (5) "Code" means the body of all effective rules as compiled and organized by the
6806     office and entitled "Utah Administrative Code."
6807          (6) "Department" means the Department of [Administrative Services] Government
6808     Operations created in Section 63A-1-104.
6809          (7) "Director" means the director of the office.
6810          (8) "Effective" means operative and enforceable.
6811          (9) "Executive director" means the executive director of the department.
6812          (10) "File" means to submit a document to the office as prescribed by the office.
6813          (11) "Filing date" means the day and time the document is recorded as received by the
6814     office.

6815          (12) "Interested person" means any person affected by or interested in a proposed rule,
6816     amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402.
6817          (13) "Office" means the Office of Administrative Rules created in Section 63G-3-401.
6818          (14) "Order" means an agency action that determines the legal rights, duties, privileges,
6819     immunities, or other interests of one or more specific persons, but not a class of persons.
6820          (15) "Person" means any individual, partnership, corporation, association,
6821     governmental entity, or public or private organization of any character other than an agency.
6822          (16) "Publication" or "publish" means making a rule available to the public by
6823     including the rule or a summary of the rule in the bulletin.
6824          (17) "Publication date" means the inscribed date of the bulletin.
6825          (18) "Register" may include an electronic database.
6826          (19) (a) "Rule" means an agency's written statement that:
6827          (i) is explicitly or implicitly required by state or federal statute or other applicable law;
6828          (ii) implements or interprets a state or federal legal mandate; and
6829          (iii) applies to a class of persons or another agency.
6830          (b) "Rule" includes the amendment or repeal of an existing rule.
6831          (c) "Rule" does not mean:
6832          (i) orders;
6833          (ii) an agency's written statement that applies only to internal management and that
6834     does not restrict the legal rights of a public class of persons or another agency;
6835          (iii) the governor's executive orders or proclamations;
6836          (iv) opinions issued by the attorney general's office;
6837          (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as
6838     required by Section 63G-3-201;
6839          (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
6840     63G-3-201(6); or
6841          (vii) an agency written statement that is in violation of any state or federal law.
6842          (20) "Rule analysis" means the format prescribed by the office to summarize and
6843     analyze rules.
6844          (21) "Small business" means a business employing fewer than 50 persons.
6845          (22) "Substantive change" means a change in a rule that affects the application or

6846     results of agency actions.
6847          Section 172. Section 63G-3-401 is amended to read:
6848          63G-3-401. Office of Administrative Rules created -- Director.
6849          (1) There is created within the Department of [Administrative Services] Government
6850     Operations the Office of Administrative Rules, to be administered by a director.
6851          (2) (a) The executive director shall appoint the director.
6852          (b) The director shall hire, train, and supervise staff necessary for the office to carry out
6853     the provisions of this chapter.
6854          Section 173. Section 63G-4-107 is amended to read:
6855          63G-4-107. Petition to remove agency action from public access.
6856          (1) An individual may petition the agency that maintains, on a state-controlled website
6857     available to the public, a record of administrative disciplinary action, to remove the record of
6858     administrative disciplinary action from public access on the state-controlled website, if:
6859          (a) (i) five years have passed since:
6860          (A) the date the final order was issued; or
6861          (B) if no final order was issued, the date the administrative disciplinary action was
6862     commenced; or
6863          (ii) the individual has obtained a criminal expungement order under Title 77, Chapter
6864     40, Utah Expungement Act, for the individual's criminal records related to the same incident or
6865     conviction upon which the administrative disciplinary action was based;
6866          (b) the individual has successfully completed all action required by the agency relating
6867     to the administrative disciplinary action within the time frame set forth in the final order, or if
6868     no time frame is specified in the final order, within the time frame set forth in Title 63G,
6869     Chapter 4, Administrative Procedures Act;
6870          (c) from the time that the original administrative disciplinary action was filed, the
6871     individual has not violated the same statutory provisions or administrative rules related to those
6872     statutory provisions that resulted in the original administrative disciplinary action; and
6873          (d) the individual pays an application fee determined by the agency in accordance with
6874     Section 63J-1-504.
6875          (2) The individual petitioning the agency under Subsection (1) shall provide the agency
6876     with a written request containing the following information:

6877          (a) the petitioner's full name, address, telephone number, and date of birth;
6878          (b) the information the petitioner seeks to remove from public access; and
6879          (c) an affidavit certifying that the petitioner is in compliance with the provisions of
6880     Subsection (1).
6881          (3) Within 30 days of receiving the documents and information described in
6882     Subsection (2):
6883          (a) the agency shall review the petition and all documents submitted with the petition
6884     to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
6885          (b) if the agency determines that the petitioner has met the requirements of Subsections
6886     (1) and (2), the agency shall immediately remove the record of administrative disciplinary
6887     action from public access on the state-controlled website.
6888          (4) Notwithstanding the provisions of Subsection (3), an agency is not required to
6889     remove a recording, written minutes, or other electronic information from the Utah Public
6890     Notice Website, created under Section [63F-1-701] 63A-16-601, if the recording, written
6891     minutes, or other electronic information is required to be available to the public on the Utah
6892     Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings
6893     Act.
6894          Section 174. Section 63G-6a-103 is amended to read:
6895          63G-6a-103. Definitions.
6896          As used in this chapter:
6897          (1) "Approved vendor" means a person who has been approved for inclusion on an
6898     approved vendor list through the approved vendor list process.
6899          (2) "Approved vendor list" means a list of approved vendors established under Section
6900     63G-6a-507.
6901          (3) "Approved vendor list process" means the procurement process described in
6902     Section 63G-6a-507.
6903          (4) "Bidder" means a person who submits a bid or price quote in response to an
6904     invitation for bids.
6905          (5) "Bidding process" means the procurement process described in Part 6, Bidding.
6906          (6) "Board" means the Utah State Procurement Policy Board, created in Section
6907     63G-6a-202.

6908          (7) "Building board" means the State Building Board, created in Section 63A-5b-201.
6909          (8) "Change directive" means a written order signed by the procurement officer that
6910     directs the contractor to suspend work or make changes, as authorized by contract, without the
6911     consent of the contractor.
6912          (9) "Change order" means a written alteration in specifications, delivery point, rate of
6913     delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
6914     agreement of the parties to the contract.
6915          (10) "Chief procurement officer" means the individual appointed under [Subsection
6916     63G-6a-302(1)] Section 63A-2-102.
6917          (11) "Conducting procurement unit" means a procurement unit that conducts all
6918     aspects of a procurement:
6919          (a) except:
6920          (i) reviewing a solicitation to verify that it is in proper form; and
6921          (ii) causing the publication of a notice of a solicitation; and
6922          (b) including:
6923          (i) preparing any solicitation document;
6924          (ii) appointing an evaluation committee;
6925          (iii) conducting the evaluation process, except the process relating to scores calculated
6926     for costs of proposals;
6927          (iv) selecting and recommending the person to be awarded a contract;
6928          (v) negotiating the terms and conditions of a contract, subject to the issuing
6929     procurement unit's approval; and
6930          (vi) contract administration.
6931          (12) "Conservation district" means the same as that term is defined in Section
6932     17D-3-102.
6933          (13) "Construction project":
6934          (a) means a project for the construction, renovation, alteration, improvement, or repair
6935     of a public facility on real property, including all services, labor, supplies, and materials for the
6936     project; and
6937          (b) does not include services and supplies for the routine, day-to-day operation, repair,
6938     or maintenance of an existing public facility.

6939          (14) "Construction manager/general contractor":
6940          (a) means a contractor who enters into a contract:
6941          (i) for the management of a construction project; and
6942          (ii) that allows the contractor to subcontract for additional labor and materials that are
6943     not included in the contractor's cost proposal submitted at the time of the procurement of the
6944     contractor's services; and
6945          (b) does not include a contractor whose only subcontract work not included in the
6946     contractor's cost proposal submitted as part of the procurement of the contractor's services is to
6947     meet subcontracted portions of change orders approved within the scope of the project.
6948          (15) "Construction subcontractor":
6949          (a) means a person under contract with a contractor or another subcontractor to provide
6950     services or labor for the design or construction of a construction project;
6951          (b) includes a general contractor or specialty contractor licensed or exempt from
6952     licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
6953          (c) does not include a supplier who provides only materials, equipment, or supplies to a
6954     contractor or subcontractor for a construction project.
6955          (16) "Contract" means an agreement for a procurement.
6956          (17) "Contract administration" means all functions, duties, and responsibilities
6957     associated with managing, overseeing, and carrying out a contract between a procurement unit
6958     and a contractor, including:
6959          (a) implementing the contract;
6960          (b) ensuring compliance with the contract terms and conditions by the conducting
6961     procurement unit and the contractor;
6962          (c) executing change orders;
6963          (d) processing contract amendments;
6964          (e) resolving, to the extent practicable, contract disputes;
6965          (f) curing contract errors and deficiencies;
6966          (g) terminating a contract;
6967          (h) measuring or evaluating completed work and contractor performance;
6968          (i) computing payments under the contract; and
6969          (j) closing out a contract.

6970          (18) "Contractor" means a person who is awarded a contract with a procurement unit.
6971          (19) "Cooperative procurement" means procurement conducted by, or on behalf of:
6972          (a) more than one procurement unit; or
6973          (b) a procurement unit and a cooperative purchasing organization.
6974          (20) "Cooperative purchasing organization" means an organization, association, or
6975     alliance of purchasers established to combine purchasing power in order to obtain the best
6976     value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
6977          (21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
6978     contractor is paid a percentage of the total actual expenses or costs in addition to the
6979     contractor's actual expenses or costs.
6980          (22) "Cost-reimbursement contract" means a contract under which a contractor is
6981     reimbursed for costs which are allowed and allocated in accordance with the contract terms and
6982     the provisions of this chapter, and a fee, if any.
6983          (23) "Days" means calendar days, unless expressly provided otherwise.
6984          (24) "Definite quantity contract" means a fixed price contract that provides for a
6985     specified amount of supplies over a specified period, with deliveries scheduled according to a
6986     specified schedule.
6987          (25) "Design professional" means:
6988          (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
6989     Licensing Act;
6990          (b) an individual licensed as a professional engineer or professional land surveyor
6991     under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
6992     Act; or
6993          (c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
6994     State Certification of Commercial Interior Designers Act.
6995          (26) "Design professional procurement process" means the procurement process
6996     described in Part 15, Design Professional Services.
6997          (27) "Design professional services" means:
6998          (a) professional services within the scope of the practice of architecture as defined in
6999     Section 58-3a-102;
7000          (b) professional engineering as defined in Section 58-22-102;

7001          (c) master planning and programming services; or
7002          (d) services within the scope of the practice of commercial interior design, as defined
7003     in Section 58-86-102.
7004          (28) "Design-build" means the procurement of design professional services and
7005     construction by the use of a single contract.
7006          (29) "Division" means the Division of Purchasing and General Services, created in
7007     Section 63A-2-101.
7008          (30) "Educational procurement unit" means:
7009          (a) a school district;
7010          (b) a public school, including a local school board or a charter school;
7011          (c) the Utah Schools for the Deaf and the Blind;
7012          (d) the Utah Education and Telehealth Network;
7013          (e) an institution of higher education of the state described in Section 53B-1-102; or
7014          (f) the State Board of Education.
7015          (31) "Established catalogue price" means the price included in a catalogue, price list,
7016     schedule, or other form that:
7017          (a) is regularly maintained by a manufacturer or contractor;
7018          (b) is published or otherwise available for inspection by customers; and
7019          (c) states prices at which sales are currently or were last made to a significant number
7020     of any category of buyers or buyers constituting the general buying public for the supplies or
7021     services involved.
7022          (32) "Executive branch procurement unit" means a department, division, office,
7023     bureau, agency, or other organization within the state executive branch.
7024          (33) "Facilities division" means the Division of Facilities Construction and
7025     Management, created in Section 63A-5b-301.
7026          (34) "Fixed price contract" means a contract that provides a price, for each
7027     procurement item obtained under the contract, that is not subject to adjustment except to the
7028     extent that:
7029          (a) the contract provides, under circumstances specified in the contract, for an
7030     adjustment in price that is not based on cost to the contractor; or
7031          (b) an adjustment is required by law.

7032          (35) "Fixed price contract with price adjustment" means a fixed price contract that
7033     provides for an upward or downward revision of price, precisely described in the contract, that:
7034          (a) is based on the consumer price index or another commercially acceptable index,
7035     source, or formula; and
7036          (b) is not based on a percentage of the cost to the contractor.
7037          (36) "Grant" means an expenditure of public funds or other assistance, or an agreement
7038     to expend public funds or other assistance, for a public purpose authorized by law, without
7039     acquiring a procurement item in exchange.
7040          (37) "Immaterial error":
7041          (a) means an irregularity or abnormality that is:
7042          (i) a matter of form that does not affect substance; or
7043          (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
7044     or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
7045          (b) includes:
7046          (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
7047     professional license, bond, or insurance certificate;
7048          (ii) a typographical error;
7049          (iii) an error resulting from an inaccuracy or omission in the solicitation; and
7050          (iv) any other error that the procurement official reasonably considers to be immaterial.
7051          (38) "Indefinite quantity contract" means a fixed price contract that:
7052          (a) is for an indefinite amount of procurement items to be supplied as ordered by a
7053     procurement unit; and
7054          (b) (i) does not require a minimum purchase amount; or
7055          (ii) provides a maximum purchase limit.
7056          (39) "Independent procurement unit" means:
7057          (a) (i) a legislative procurement unit;
7058          (ii) a judicial branch procurement unit;
7059          (iii) an educational procurement unit;
7060          (iv) a local government procurement unit;
7061          (v) a conservation district;
7062          (vi) a local building authority;

7063          (vii) a local district;
7064          (viii) a public corporation;
7065          (ix) a special service district; or
7066          (x) the Utah Communications Authority, established in Section 63H-7a-201;
7067          (b) the building board or the facilities division, but only to the extent of the
7068     procurement authority provided under Title 63A, Chapter 5b, Administration of State
7069     Facilities;
7070          (c) the attorney general, but only to the extent of the procurement authority provided
7071     under Title 67, Chapter 5, Attorney General;
7072          (d) the Department of Transportation, but only to the extent of the procurement
7073     authority provided under Title 72, Transportation Code; or
7074          (e) any other executive branch department, division, office, or entity that has statutory
7075     procurement authority outside this chapter, but only to the extent of that statutory procurement
7076     authority.
7077          (40) "Invitation for bids":
7078          (a) means a document used to solicit:
7079          (i) bids to provide a procurement item to a procurement unit; or
7080          (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
7081          (b) includes all documents attached to or incorporated by reference in a document
7082     described in Subsection (40)(a).
7083          (41) "Issuing procurement unit" means a procurement unit that:
7084          (a) reviews a solicitation to verify that it is in proper form;
7085          (b) causes the notice of a solicitation to be published; and
7086          (c) negotiates and approves the terms and conditions of a contract.
7087          (42) "Judicial procurement unit" means:
7088          (a) the Utah Supreme Court;
7089          (b) the Utah Court of Appeals;
7090          (c) the Judicial Council;
7091          (d) a state judicial district; or
7092          (e) an office, committee, subcommittee, or other organization within the state judicial
7093     branch.

7094          (43) "Labor hour contract" is a contract under which:
7095          (a) the supplies and materials are not provided by, or through, the contractor; and
7096          (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
7097     profit for a specified number of labor hours or days.
7098          (44) "Legislative procurement unit" means:
7099          (a) the Legislature;
7100          (b) the Senate;
7101          (c) the House of Representatives;
7102          (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
7103          (e) a committee, subcommittee, commission, or other organization:
7104          (i) within the state legislative branch; or
7105          (ii) (A) that is created by statute to advise or make recommendations to the Legislature;
7106          (B) the membership of which includes legislators; and
7107          (C) for which the Office of Legislative Research and General Counsel provides staff
7108     support.
7109          (45) "Local building authority" means the same as that term is defined in Section
7110     17D-2-102.
7111          (46) "Local district" means the same as that term is defined in Section 17B-1-102.
7112          (47) "Local government procurement unit" means:
7113          (a) a county or municipality, and each office or agency of the county or municipality,
7114     unless the county or municipality adopts its own procurement code by ordinance;
7115          (b) a county or municipality that has adopted this entire chapter by ordinance, and each
7116     office or agency of that county or municipality; or
7117          (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
7118     the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
7119     office or agency of that county or municipality.
7120          (48) "Multiple award contracts" means the award of a contract for an indefinite
7121     quantity of a procurement item to more than one person.
7122          (49) "Multiyear contract" means a contract that extends beyond a one-year period,
7123     including a contract that permits renewal of the contract, without competition, beyond the first
7124     year of the contract.

7125          (50) "Municipality" means a city, town, or metro township.
7126          (51) "Nonadopting local government procurement unit" means:
7127          (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
7128     Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
7129     General Provisions Related to Protest or Appeal; and
7130          (b) each office or agency of a county or municipality described in Subsection (51)(a).
7131          (52) "Offeror" means a person who submits a proposal in response to a request for
7132     proposals.
7133          (53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
7134     under the requirements of this chapter.
7135          (54) "Procure" means to acquire a procurement item through a procurement.
7136          (55) "Procurement" means the acquisition of a procurement item through an
7137     expenditure of public funds, or an agreement to expend public funds, including an acquisition
7138     through a public-private partnership.
7139          (56) "Procurement item" means an item of personal property, a technology, a service,
7140     or a construction project.
7141          (57) "Procurement official" means:
7142          (a) for a procurement unit other than an independent procurement unit, the chief
7143     procurement officer;
7144          (b) for a legislative procurement unit, the individual, individuals, or body designated in
7145     a policy adopted by the Legislative Management Committee;
7146          (c) for a judicial procurement unit, the Judicial Council or an individual or body
7147     designated by the Judicial Council by rule;
7148          (d) for a local government procurement unit:
7149          (i) the legislative body of the local government procurement unit; or
7150          (ii) an individual or body designated by the local government procurement unit;
7151          (e) for a local district, the board of trustees of the local district or the board of trustees'
7152     designee;
7153          (f) for a special service district, the governing body of the special service district or the
7154     governing body's designee;
7155          (g) for a local building authority, the board of directors of the local building authority

7156     or the board of directors' designee;
7157          (h) for a conservation district, the board of supervisors of the conservation district or
7158     the board of supervisors' designee;
7159          (i) for a public corporation, the board of directors of the public corporation or the board
7160     of directors' designee;
7161          (j) for a school district or any school or entity within a school district, the board of the
7162     school district or the board's designee;
7163          (k) for a charter school, the individual or body with executive authority over the charter
7164     school or the designee of the individual or body;
7165          (l) for an institution of higher education described in Section 53B-2-101, the president
7166     of the institution of higher education or the president's designee;
7167          (m) for the State Board of Education, the State Board of Education or the State Board
7168     of Education's designee;
7169          (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
7170     the designee of the Commissioner of Higher Education;
7171          (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
7172     executive director of the Utah Communications Authority or the executive director's designee;
7173     or
7174          (p) (i) for the building board, and only to the extent of procurement activities of the
7175     building board as an independent procurement unit under the procurement authority provided
7176     under Title 63A, Chapter 5b, Administration of State Facilities, the director of the building
7177     board or the director's designee;
7178          (ii) for the facilities division, and only to the extent of procurement activities of the
7179     facilities division as an independent procurement unit under the procurement authority
7180     provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
7181     facilities division or the director's designee;
7182          (iii) for the attorney general, and only to the extent of procurement activities of the
7183     attorney general as an independent procurement unit under the procurement authority provided
7184     under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
7185     designee;
7186          (iv) for the Department of Transportation created in Section 72-1-201, and only to the

7187     extent of procurement activities of the Department of Transportation as an independent
7188     procurement unit under the procurement authority provided under Title 72, Transportation
7189     Code, the executive director of the Department of Transportation or the executive director's
7190     designee; or
7191          (v) for any other executive branch department, division, office, or entity that has
7192     statutory procurement authority outside this chapter, and only to the extent of the procurement
7193     activities of the department, division, office, or entity as an independent procurement unit
7194     under the procurement authority provided outside this chapter for the department, division,
7195     office, or entity, the chief executive officer of the department, division, office, or entity or the
7196     chief executive officer's designee.
7197          (58) "Procurement unit":
7198          (a) means:
7199          (i) a legislative procurement unit;
7200          (ii) an executive branch procurement unit;
7201          (iii) a judicial procurement unit;
7202          (iv) an educational procurement unit;
7203          (v) the Utah Communications Authority, established in Section 63H-7a-201;
7204          (vi) a local government procurement unit;
7205          (vii) a local district;
7206          (viii) a special service district;
7207          (ix) a local building authority;
7208          (x) a conservation district;
7209          (xi) a public corporation; and
7210          (b) does not include a political subdivision created under Title 11, Chapter 13,
7211     Interlocal Cooperation Act.
7212          (59) "Professional service" means labor, effort, or work that requires specialized
7213     knowledge, expertise, and discretion, including labor, effort, or work in the field of:
7214          (a) accounting;
7215          (b) administrative law judge service;
7216          (c) architecture;
7217          (d) construction design and management;

7218          (e) engineering;
7219          (f) financial services;
7220          (g) information technology;
7221          (h) the law;
7222          (i) medicine;
7223          (j) psychiatry; or
7224          (k) underwriting.
7225          (60) "Protest officer" means:
7226          (a) for the division or an independent procurement unit:
7227          (i) the procurement official;
7228          (ii) the procurement official's designee who is an employee of the procurement unit; or
7229          (iii) a person designated by rule made by the rulemaking authority; or
7230          (b) for a procurement unit other than an independent procurement unit, the chief
7231     procurement officer or the chief procurement officer's designee who is an employee of the
7232     division .
7233          (61) "Public corporation" means the same as that term is defined in Section 63E-1-102.
7234          (62) "Public entity" means the state or any other government entity within the state that
7235     expends public funds.
7236          (63) "Public facility" means a building, structure, infrastructure, improvement, or other
7237     facility of a public entity.
7238          (64) "Public funds" means money, regardless of its source, including from the federal
7239     government, that is owned or held by a procurement unit.
7240          (65) "Public transit district" means a public transit district organized under Title 17B,
7241     Chapter 2a, Part 8, Public Transit District Act.
7242          (66) "Public-private partnership" means an arrangement or agreement, occurring on or
7243     after January 1, 2017, between a procurement unit and one or more contractors to provide for a
7244     public need through the development or operation of a project in which the contractor or
7245     contractors share with the procurement unit the responsibility or risk of developing, owning,
7246     maintaining, financing, or operating the project.
7247          (67) "Qualified vendor" means a vendor who:
7248          (a) is responsible; and

7249          (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
7250     meets the minimum mandatory requirements, evaluation criteria, and any applicable score
7251     thresholds set forth in the request for statement of qualifications.
7252          (68) "Real property" means land and any building, fixture, improvement, appurtenance,
7253     structure, or other development that is permanently affixed to land.
7254          (69) "Request for information" means a nonbinding process through which a
7255     procurement unit requests information relating to a procurement item.
7256          (70) "Request for proposals" means a document used to solicit proposals to provide a
7257     procurement item to a procurement unit, including all other documents that are attached to that
7258     document or incorporated in that document by reference.
7259          (71) "Request for proposals process" means the procurement process described in Part
7260     7, Request for Proposals.
7261          (72) "Request for statement of qualifications" means a document used to solicit
7262     information about the qualifications of a person interested in responding to a potential
7263     procurement, including all other documents attached to that document or incorporated in that
7264     document by reference.
7265          (73) "Requirements contract" means a contract:
7266          (a) under which a contractor agrees to provide a procurement unit's entire requirements
7267     for certain procurement items at prices specified in the contract during the contract period; and
7268          (b) that:
7269          (i) does not require a minimum purchase amount; or
7270          (ii) provides a maximum purchase limit.
7271          (74) "Responsible" means being capable, in all respects, of:
7272          (a) meeting all the requirements of a solicitation; and
7273          (b) fully performing all the requirements of the contract resulting from the solicitation,
7274     including being financially solvent with sufficient financial resources to perform the contract.
7275          (75) "Responsive" means conforming in all material respects to the requirements of a
7276     solicitation.
7277          (76) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
7278     adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
7279     that govern the applicable procurement unit.

7280          (77) "Rulemaking authority" means:
7281          (a) for a legislative procurement unit, the Legislative Management Committee;
7282          (b) for a judicial procurement unit, the Judicial Council;
7283          (c) (i) only to the extent of the procurement authority expressly granted to the
7284     procurement unit by statute:
7285          (A) for the building board or the facilities division, the building board;
7286          (B) for the Office of the Attorney General, the attorney general;
7287          (C) for the Department of Transportation created in Section 72-1-201, the executive
7288     director of the Department of Transportation; and
7289          (D) for any other executive branch department, division, office, or entity that has
7290     statutory procurement authority outside this chapter, the governing authority of the department,
7291     division, office, or entity; and
7292          (ii) for each other executive branch procurement unit, the board;
7293          (d) for a local government procurement unit:
7294          (i) the governing body of the local government unit; or
7295          (ii) an individual or body designated by the local government procurement unit;
7296          (e) for a school district or a public school, the board, except to the extent of a school
7297     district's own nonadministrative rules that do not conflict with the provisions of this chapter;
7298          (f) for a state institution of higher education, the Utah Board of Higher Education;
7299          (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
7300     State Board of Education;
7301          (h) for a public transit district, the chief executive of the public transit district;
7302          (i) for a local district other than a public transit district or for a special service district,
7303     the board, except to the extent that the board of trustees of the local district or the governing
7304     body of the special service district makes its own rules:
7305          (i) with respect to a subject addressed by board rules; or
7306          (ii) that are in addition to board rules;
7307          (j) for the Utah Educational Savings Plan, created in Section 53B-8a-103, the Utah
7308     Board of Higher Education;
7309          (k) for the School and Institutional Trust Lands Administration, created in Section
7310     53C-1-201, the School and Institutional Trust Lands Board of Trustees;

7311          (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201,
7312     the School and Institutional Trust Fund Board of Trustees;
7313          (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
7314     Utah Communications Authority board, created in Section 63H-7a-203; or
7315          (n) for any other procurement unit, the board.
7316          (78) "Service":
7317          (a) means labor, effort, or work to produce a result that is beneficial to a procurement
7318     unit;
7319          (b) includes a professional service; and
7320          (c) does not include labor, effort, or work provided under an employment agreement or
7321     a collective bargaining agreement.
7322          (79) "Small purchase process" means the procurement process described in Section
7323     63G-6a-506.
7324          (80) "Sole source contract" means a contract resulting from a sole source procurement.
7325          (81) "Sole source procurement" means a procurement without competition pursuant to
7326     a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
7327     procurement item.
7328          (82) "Solicitation" means an invitation for bids, request for proposals, or request for
7329     statement of qualifications.
7330          (83) "Solicitation response" means:
7331          (a) a bid submitted in response to an invitation for bids;
7332          (b) a proposal submitted in response to a request for proposals; or
7333          (c) a statement of qualifications submitted in response to a request for statement of
7334     qualifications.
7335          (84) "Special service district" means the same as that term is defined in Section
7336     17D-1-102.
7337          (85) "Specification" means any description of the physical or functional characteristics
7338     or of the nature of a procurement item included in an invitation for bids or a request for
7339     proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
7340          (a) a requirement for inspecting or testing a procurement item; or
7341          (b) preparing a procurement item for delivery.

7342          (86) "Standard procurement process" means:
7343          (a) the bidding process;
7344          (b) the request for proposals process;
7345          (c) the approved vendor list process;
7346          (d) the small purchase process; or
7347          (e) the design professional procurement process.
7348          (87) "State cooperative contract" means a contract awarded by the division for and in
7349     behalf of all public entities.
7350          (88) "Statement of qualifications" means a written statement submitted to a
7351     procurement unit in response to a request for statement of qualifications.
7352          (89) "Subcontractor":
7353          (a) means a person under contract to perform part of a contractual obligation under the
7354     control of the contractor, whether the person's contract is with the contractor directly or with
7355     another person who is under contract to perform part of a contractual obligation under the
7356     control of the contractor; and
7357          (b) includes a supplier, distributor, or other vendor that furnishes supplies or services
7358     to a contractor.
7359          (90) "Technology" means the same as "information technology," as defined in Section
7360     63F-1-102.
7361          (91) "Tie bid" means that the lowest responsive bids of responsible bidders are
7362     identical in price.
7363          (92) "Time and materials contract" means a contract under which the contractor is paid:
7364          (a) the actual cost of direct labor at specified hourly rates;
7365          (b) the actual cost of materials and equipment usage; and
7366          (c) an additional amount, expressly described in the contract, to cover overhead and
7367     profit, that is not based on a percentage of the cost to the contractor.
7368          (93) "Transitional costs":
7369          (a) means the costs of changing:
7370          (i) from an existing provider of a procurement item to another provider of that
7371     procurement item; or
7372          (ii) from an existing type of procurement item to another type;

7373          (b) includes:
7374          (i) training costs;
7375          (ii) conversion costs;
7376          (iii) compatibility costs;
7377          (iv) costs associated with system downtime;
7378          (v) disruption of service costs;
7379          (vi) staff time necessary to implement the change;
7380          (vii) installation costs; and
7381          (viii) ancillary software, hardware, equipment, or construction costs; and
7382          (c) does not include:
7383          (i) the costs of preparing for or engaging in a procurement process; or
7384          (ii) contract negotiation or drafting costs.
7385          (94) "Vendor":
7386          (a) means a person who is seeking to enter into a contract with a procurement unit to
7387     provide a procurement item; and
7388          (b) includes:
7389          (i) a bidder;
7390          (ii) an offeror;
7391          (iii) an approved vendor;
7392          (iv) a design professional; and
7393          (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
7394          Section 175. Section 63G-6a-106 is amended to read:
7395          63G-6a-106. Independent procurement units.
7396          (1) An independent procurement unit may, without the supervision, interference,
7397     oversight, control, or involvement of the division or the chief procurement officer, but in
7398     accordance with the requirements of this chapter:
7399          (a) engage in a standard procurement process;
7400          (b) acquire a procurement item under an exception, as provided in this chapter, to the
7401     requirement to use a standard procurement process; or
7402          (c) otherwise engage in an act authorized or required by this chapter.
7403          (2) Notwithstanding Subsection (1), an independent procurement unit may agree in

7404     writing with the division to extend the authority of the division or the chief procurement officer
7405     to the procurement unit, as provided in the agreement.
7406          (3) With respect to a procurement or contract over which an independent procurement
7407     unit's procurement official has authority, the procurement official may:
7408          (a) manage and supervise the procurement to ensure to the extent practicable that
7409     taxpayers receive the best value;
7410          (b) prepare and issue standard specifications for procurement items;
7411          (c) review contracts, coordinate contract compliance, conduct contract audits, and
7412     approve change orders;
7413          (d) delegate duties and authority to an employee of the procurement unit, as the
7414     independent procurement unit's procurement official considers appropriate;
7415          (e) for the procurement official of an executive branch procurement unit that is an
7416     independent procurement unit, coordinate with the [Department] Division of Technology
7417     Services, created in Section [63F-1-103] 63A-16-103, with respect to the procurement unit's
7418     procurement of information technology services;
7419          (f) correct, amend, or cancel a procurement at any stage of the procurement process if
7420     the procurement is out of compliance with this chapter or a rule adopted by the rulemaking
7421     authority;
7422          (g) attempt to resolve a contract dispute in coordination with the legal counsel of the
7423     independent procurement unit; and
7424          (h) at any time during the term of a contract awarded by the independent procurement
7425     unit, correct or amend a contract to bring it into compliance or cancel the contract:
7426          (i) if the procurement official determines that correcting, amending, or canceling the
7427     contract is in the best interest of the procurement unit; and
7428          (ii) after consulting with, as applicable, the attorney general's office or the procurement
7429     unit's legal counsel.
7430          (4) The attorney general may, in accordance with the provisions of this chapter, but
7431     without involvement by the division or the chief procurement officer:
7432          (a) retain outside counsel, subject to Section 67-5-33 if the attorney general retains
7433     outside counsel under a contingent fee contract, as defined in that section; or
7434          (b) procure litigation support services, including retaining an expert witness.

7435          (5) An independent procurement unit that is not represented by the attorney general's
7436     office may, in accordance with the provisions of this chapter, but without involvement by the
7437     division or the chief procurement officer:
7438          (a) retain outside counsel; or
7439          (b) procure litigation support services, including retaining an expert witness.
7440          (6) The state auditor's office may, in accordance with the provisions of this chapter, but
7441     without involvement by the division or the chief procurement officer, procure audit services.
7442          (7) The state treasurer may, in accordance with the provisions of this chapter, but
7443     without involvement by the division or the chief procurement officer, procure:
7444          (a) deposit services; and
7445          (b) services related to issuing bonds.
7446          Section 176. Section 63G-6a-116 is amended to read:
7447          63G-6a-116. Procurement of administrative law judge service.
7448          (1) As used in this section:
7449          (a) "Administrative law judge" means the same as that term is defined in Section
7450     [67-19e-102] 63A-17-701.
7451          (b) "Administrative law judge service" means service provided by an administrative
7452     law judge.
7453          (2) A procurement unit shall use a standard procurement process under this chapter for
7454     the procurement of administrative law judge service.
7455          (3) For a procurement of administrative law judge service, an evaluation committee
7456     shall consist of:
7457          (a) the head of the conducting procurement unit, or the head's designee;
7458          (b) the head of an executive branch procurement unit other than the conducting
7459     procurement unit, appointed by the [executive] director of the [Department] Division of
7460     Human Resource Management, or the head's designee; and
7461          (c) the [executive] director of the [Department] Division of Human Resource
7462     Management, or the [executive] director's designee.
7463          (4) Within 30 days after the day on which a conducting procurement unit awards a
7464     contract for administrative law judge service, the conducting procurement unit shall give
7465     written notice to the [Department] Division of Human Resource Management that states:

7466          (a) that the conducting procurement unit awarded a contract for administrative law
7467     judge service;
7468          (b) the name of the conducting procurement unit; and
7469          (c) the expected term of the contract.
7470          (5) A procurement of administrative law judge service using a small purchase process
7471     is subject to rules made pursuant to Subsection 63G-6a-506(2)(c).
7472          Section 177. Section 63G-6a-202 is amended to read:
7473          63G-6a-202. Creation of Utah State Procurement Policy Board.
7474          (1) There is created the Utah State Procurement Policy Board.
7475          (2) The board consists of up to 15 members as follows:
7476          (a) two representatives of state institutions of higher education, appointed by the Utah
7477     Board of Higher Education;
7478          (b) a representative of the Department of Human Services, appointed by the executive
7479     director of that department;
7480          (c) a representative of the Department of Transportation, appointed by the executive
7481     director of that department;
7482          (d) two representatives of school districts, appointed by the State Board of Education;
7483          (e) a representative of the Division of Facilities Construction and Management,
7484     appointed by the director of that division;
7485          (f) one representative of a county, appointed by the Utah Association of Counties;
7486          (g) one representative of a city or town, appointed by the Utah League of Cities and
7487     Towns;
7488          (h) two representatives of local districts or special service districts, appointed by the
7489     Utah Association of Special Districts;
7490          (i) the [executive] director of the [Department] Division of Technology Services or the
7491     executive director's designee;
7492          (j) the chief procurement officer or the chief procurement officer's designee; and
7493          (k) two representatives of state agencies, other than a state agency already represented
7494     on the board, appointed by the executive director of the Department of [Administrative
7495     Services] Government Operations, with the approval of the executive director of the state
7496     agency that employs the employee.

7497          (3) Members of the board shall be knowledgeable and experienced in, and have
7498     supervisory responsibility for, procurement in their official positions.
7499          (4) A board member may serve as long as the member meets the description in
7500     Subsection (2) unless removed by the person or entity with the authority to appoint the board
7501     member.
7502          (5) (a) The board shall:
7503          (i) adopt rules of procedure for conducting its business; and
7504          (ii) elect a chair to serve for one year.
7505          (b) The chair of the board shall be selected by a majority of the members of the board
7506     and may be elected to succeeding terms.
7507          (c) The chief procurement officer shall designate an employee of the division to serve
7508     as the nonvoting secretary to the policy board.
7509          (6) A member of the board may not receive compensation or benefits for the member's
7510     service, but may receive per diem and travel expenses in accordance with:
7511          (a) Section 63A-3-106;
7512          (b) Section 63A-3-107; and
7513          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7514     63A-3-107.
7515          Section 178. Section 63G-6a-302 is amended to read:
7516          63G-6a-302. Chief procurement officer -- Qualifications -- Authority.
7517          [(1) The executive director of the Department of Administrative Services, with the
7518     consent of the governor, shall appoint the chief procurement officer after considering
7519     recommendations from the board.]
7520          [(2)] (1) The chief procurement officer shall:
7521          (a) have a minimum of eight years' experience:
7522          (i) (A) in the large-scale procurement of supplies, services, or construction; or
7523          (B) negotiating contract terms and conditions; and
7524          (ii) at least five years of which shall have been in public or comparable private
7525     procurement within 12 years preceding the date of appointment; and
7526          (b) be a person with demonstrated executive and organizational ability.
7527          [(3)] (2) The chief procurement officer [appointed under Subsection (1)] is also the

7528     director of the Division of Purchasing and General Services.
7529          [(4)] (3) The chief procurement officer has authority over a procurement by a
7530     procurement unit, except:
7531          (a) an independent procurement unit; or
7532          (b) as otherwise expressly provided in this chapter.
7533          Section 179. Section 63G-6a-303 is amended to read:
7534          63G-6a-303. Role, duties, and authority of chief procurement officer.
7535          (1) The chief procurement officer:
7536          (a) is the director of the division;
7537          (b) serves as the central procurement officer of the state;
7538          (c) serves as a voting member of the board; and
7539          (d) serves as the protest officer for a protest relating to a procurement of an executive
7540     branch procurement, except an executive branch procurement unit designated under Subsection
7541     63G-6a-103(39)(b), (c), (d), or (e) as an independent procurement unit, or a state cooperative
7542     contract procurement, unless the chief procurement officer designates another to serve as
7543     protest officer, as authorized in this chapter.
7544          (2) Except as otherwise provided in this chapter, the chief procurement officer shall:
7545          (a) develop procurement policies and procedures supporting ethical procurement
7546     practices, fair and open competition among vendors, and transparency within the state's
7547     procurement process;
7548          (b) administer the state's cooperative purchasing program, including state cooperative
7549     contracts and associated administrative fees;
7550          (c) enter into an agreement with a public entity for services provided by the division, if
7551     the agreement is in the best interest of the state;
7552          (d) ensure the division's compliance with any applicable law, rule, or policy, including
7553     a law, rule, or policy applicable to the division's role as an issuing procurement unit or
7554     conducting procurement unit, or as the state's central procurement organization;
7555          (e) manage the division's electronic procurement system;
7556          (f) oversee the recruitment, training, career development, certification requirements,
7557     and performance evaluation of the division's procurement personnel;
7558          (g) make procurement training available to procurement units and persons who do

7559     business with procurement units;
7560          (h) provide exemplary customer service and continually improve the division's
7561     procurement operations;
7562          (i) exercise all other authority, fulfill all other duties and responsibilities, and perform
7563     all other functions authorized under this chapter; and
7564          (j) ensure that any training described in this Subsection (2) complies with Title 63G,
7565     Chapter 22, State Training and Certification Requirements.
7566          (3) With respect to a procurement or contract over which the chief procurement officer
7567     has authority under this chapter, the chief procurement officer, except as otherwise provided in
7568     this chapter:
7569          (a) shall:
7570          (i) manage and supervise a procurement to ensure to the extent practicable that
7571     taxpayers receive the best value;
7572          (ii) prepare and issue standard specifications for procurement items;
7573          (iii) review contracts, coordinate contract compliance, conduct contract audits, and
7574     approve change orders;
7575          (iv) in accordance with Section [63F-1-205] 63A-16-204, coordinate with the
7576     [Department] Division of Technology Services, created in Section [63F-1-103] 63A-16-103,
7577     with respect to the procurement of information technology services by an executive branch
7578     procurement unit;
7579          (v) correct, amend, or cancel a procurement at any stage of the procurement process if
7580     the procurement is out of compliance with this chapter or a board rule;
7581          (vi) after consultation with the attorney general's office, correct, amend, or cancel a
7582     contract at any time during the term of the contract if:
7583          (A) the contract is out of compliance with this chapter or a board rule; and
7584          (B) the chief procurement officer determines that correcting, amending, or canceling
7585     the contract is in the best interest of the state; and
7586          (vii) make a reasonable attempt to resolve a contract dispute, in coordination with the
7587     attorney general's office; and
7588          (b) may:
7589          (i) delegate limited purchasing authority to a state agency, with appropriate oversight

7590     and control to ensure compliance with this chapter;
7591          (ii) delegate duties and authority to an employee of the division, as the chief
7592     procurement officer considers appropriate;
7593          (iii) negotiate and settle contract overcharges, undercharges, and claims, in accordance
7594     with the law and after consultation with the attorney general's office;
7595          (iv) authorize a procurement unit to make a procurement pursuant to a regional
7596     solicitation, as defined in Subsection 63G-6a-2105(7), even if the procurement item is also
7597     offered under a state cooperative contract, if the chief procurement officer determines that the
7598     procurement pursuant to a regional solicitation is in the best interest of the acquiring
7599     procurement unit; and
7600          (v) remove an individual from the procurement process or contract administration for:
7601          (A) having a conflict of interest or the appearance of a conflict of interest with a person
7602     responding to a solicitation or with a contractor;
7603          (B) having a bias or the appearance of bias for or against a person responding to a
7604     solicitation or for or against a contractor;
7605          (C) making an inconsistent or unexplainable score for a solicitation response;
7606          (D) having inappropriate contact or communication with a person responding to a
7607     solicitation;
7608          (E) socializing inappropriately with a person responding to a solicitation or with a
7609     contractor;
7610          (F) engaging in any other action or having any other association that causes the chief
7611     procurement officer to conclude that the individual cannot fairly evaluate a solicitation
7612     response or administer a contract; or
7613          (G) any other violation of a law, rule, or policy.
7614          (4) The chief procurement officer may not delegate to an individual outside the
7615     division the chief procurement officer's authority over a procurement described in Subsection
7616     (3)(a)(iv).
7617          (5) The chief procurement officer has final authority to determine whether an executive
7618     branch procurement unit's anticipated expenditure of public funds, anticipated agreement to
7619     expend public funds, or provision of a benefit constitutes a procurement that is subject to this
7620     chapter.

7621          (6) Except as otherwise provided in this chapter, the chief procurement officer shall
7622     review, monitor, and audit the procurement activities and delegated procurement authority of
7623     an executive branch procurement unit, except to the extent that an executive branch
7624     procurement unit is designated under Subsection 63G-6a-103(39)(b), (c), (d), or (e) as an
7625     independent procurement unit, to ensure compliance with this chapter, rules made by the
7626     applicable rulemaking authority, and division policies.
7627          Section 180. Section 63G-6a-506 is amended to read:
7628          63G-6a-506. Small purchases.
7629          (1) As used in this section:
7630          (a) "Annual cumulative threshold" means the maximum total annual amount,
7631     established by the rulemaking authority under Subsection (2), that a procurement unit may
7632     expend to obtain procurement items from the same source under this section.
7633          (b) "Individual procurement threshold" means the maximum amount, established by
7634     the rulemaking authority under Subsection (2), for which a procurement unit may purchase a
7635     procurement item under this section.
7636          (c) "Single procurement aggregate threshold" means the maximum total amount,
7637     established by the rulemaking authority under Subsection (2), that a procurement unit may
7638     expend to obtain multiple procurement items from one source at one time under this section.
7639          (2) (a) The rulemaking authority may make rules governing small purchases of any
7640     procurement item, including construction, job order contracting, design professional services,
7641     other professional services, information technology, and goods.
7642          (b) Rules under Subsection (2)(a) may include provisions:
7643          (i) establishing expenditure thresholds, including:
7644          (A) an annual cumulative threshold;
7645          (B) an individual procurement threshold; and
7646          (C) a single procurement aggregate threshold;
7647          (ii) establishing procurement requirements relating to the thresholds described in
7648     Subsection (2)(b)(i); and
7649          (iii) providing for the use of electronic, telephone, or written quotes.
7650          (c) If a procurement unit obtains administrative law judge service through a small
7651     purchase standard procurement process, rules made under Subsection (2)(a) shall provide that

7652     the process for the procurement of administrative law judge service include an evaluation
7653     committee described in Subsection 63G-6a-116(3).
7654          (3) Expenditures made under this section by a procurement unit may not exceed a
7655     threshold established by the rulemaking authority, unless the procurement official gives written
7656     authorization to exceed the threshold that includes the reasons for exceeding the threshold.
7657          (4) Except as provided in Subsection (5), an executive branch procurement unit may
7658     not obtain a procurement item through a small purchase standard procurement process if the
7659     procurement item may be obtained through a state cooperative contract or a contract awarded
7660     by the chief procurement officer under Subsection 63G-6a-2105(1).
7661          (5) Subsection (4) does not apply if:
7662          (a) the procurement item is obtained for an unanticipated, urgent, or emergency
7663     condition, including:
7664          (i) an item needed to avoid stopping a public construction project;
7665          (ii) an immediate repair to a facility or equipment; or
7666          (iii) another emergency condition; or
7667          (b) the chief procurement officer or the procurement official of a procurement unit that
7668     is an executive branch procurement unit with independent procurement authority:
7669          (i) determines in writing that it is in the best interest of the procurement unit to obtain
7670     an individual procurement item outside of the state contract, comparing:
7671          (A) the contract terms and conditions applicable to the procurement item under the
7672     state contract with the contract terms and conditions applicable to the procurement item if the
7673     procurement item is obtained outside of the state contract;
7674          (B) the maintenance and service applicable to the procurement item under the state
7675     contract with the maintenance and service applicable to the procurement item if the
7676     procurement item is obtained outside of the state contract;
7677          (C) the warranties applicable to the procurement item under the state contract with the
7678     warranties applicable to the procurement item if the procurement item is obtained outside of
7679     the state contract;
7680          (D) the quality of the procurement item under the state contract with the quality of the
7681     procurement item if the procurement item is obtained outside of the state contract; and
7682          (E) the ability of the vendor under the state contract to match the quoted cost of the

7683     procurement item if the procurement item is obtained outside of the state contract;
7684          (ii) for a procurement item that, if defective in its manufacture, installation, or
7685     performance, may result in serious physical injury, death, or substantial property damage,
7686     determines in writing that the terms and conditions, relating to liability for injury, death, or
7687     property damage, available from the source other than the contractor who holds the state
7688     contract, are similar to, or better than, the terms and conditions available under the state
7689     contract; and
7690          (iii) grants an exception, in writing, to the requirement described in Subsection (4).
7691          (6) Except as otherwise expressly provided in this section, a procurement unit:
7692          (a) may not use the small purchase standard procurement process described in this
7693     section for ongoing, continuous, and regularly scheduled procurements that exceed the annual
7694     cumulative threshold; and
7695          (b) shall make its ongoing, continuous, and regularly scheduled procurements that
7696     exceed the annual cumulative threshold through a contract awarded through another standard
7697     procurement process described in this chapter or an applicable exception to another standard
7698     procurement process, described in Part 8, Exceptions to Procurement Requirements.
7699          (7) This section does not prohibit regularly scheduled payments for a procurement item
7700     obtained under another provision of this chapter.
7701          (8) (a) It is unlawful for a person knowingly to divide a single procurement into
7702     multiple smaller procurements, including by dividing an invoice or purchase order into
7703     multiple invoices or purchase orders, if:
7704          (i) the single procurement would not have qualified as a small purchase under this
7705     section;
7706          (ii) one or more of the multiple smaller procurements qualify as a small purchase under
7707     this section; and
7708          (iii) the division is done with the intent to:
7709          (A) avoid having to use a standard procurement process, other than the small purchase
7710     process, that the person would otherwise be required to use for the single procurement; or
7711          (B) make one or more of the multiple smaller procurements fall below a small
7712     purchase expenditure threshold established by rule under Subsection (2)(b) that the single
7713     procurement would not have fallen below without the division.

7714          (b) A violation of Subsection (8)(a) is subject to penalties as provided in Subsection
7715     63G-6a-2404.3(2).
7716          (9) The Division of Finance within the Department of [Administrative Services]
7717     Government Operations may conduct an audit of an executive branch procurement unit to
7718     verify compliance with the requirements of this section.
7719          (10) An executive branch procurement unit may not make a small purchase after
7720     January 1, 2014, unless the chief procurement officer certifies that the person responsible for
7721     procurements in the procurement unit has satisfactorily completed training on this section and
7722     the rules made under this section.
7723          Section 181. Section 63G-7-901 is amended to read:
7724          63G-7-901. Expenses of attorney general, general counsel for state judiciary, and
7725     general counsel for the Legislature in representing the state, the state's branches,
7726     members, or employees.
7727          (1) (a) The Office of the Attorney General has primary responsibility to provide legal
7728     representation to the judicial, executive, and legislative branches of state government in cases
7729     where coverage under the Risk Management Fund created by Section 63A-4-201 applies.
7730          (b) When the attorney general has primary responsibility to provide legal representation
7731     to the judicial or legislative branches, the attorney general shall consult with the general
7732     counsel for the state judiciary and with the general counsel for the Legislature, to solicit their
7733     assistance in defending their respective branch, and in determining strategy and making
7734     decisions concerning the disposition of those claims.
7735          (c) Notwithstanding Subsection (1)(b), the decision for settlement of monetary claims
7736     in those cases lies with the attorney general and the state risk manager.
7737          (2) (a) If the Judicial Council, after consultation with the general counsel for the state
7738     judiciary, determines that the Office of the Attorney General cannot adequately defend the state
7739     judiciary, its members, or employees because of a conflict of interest, separation of powers
7740     concerns, or other political or legal differences, the Judicial Council may direct its general
7741     counsel to separately represent and defend it.
7742          (b) If the general counsel for the state judiciary undertakes independent legal
7743     representation of the state judiciary, its members, or employees, the general counsel shall notify
7744     the state risk manager and the attorney general in writing before undertaking that

7745     representation.
7746          (c) If the state judiciary elects to be represented by its own counsel under this section,
7747     the decision for settlement of claims against the state judiciary, its members, or employees,
7748     where Risk Management Fund coverage applies, lies with the general counsel for the state
7749     judiciary and the state risk manager.
7750          (3) (a) If the Legislative Management Committee, after consultation with the general
7751     counsel for the Legislature, determines that the Office of the Attorney General cannot
7752     adequately defend the legislative branch, its members, or employees because of a conflict of
7753     interest, separation of powers concerns, or other political or legal differences, the Legislative
7754     Management Committee may direct its general counsel to separately represent and defend it.
7755          (b) If the general counsel for the Legislature undertakes independent legal
7756     representation of the Legislature, its members, or employees, the general counsel shall notify
7757     the state risk manager and the attorney general in writing before undertaking that
7758     representation.
7759          (c) If the legislative branch elects to be represented by its own counsel under this
7760     section, the decision for settlement of claims against the legislative branch, its members, or
7761     employees, where Risk Management Fund coverage applies, lies with the general counsel for
7762     the Legislature and the state risk manager.
7763          (4) (a) Notwithstanding the provisions of Section 67-5-3 or any other provision of the
7764     Utah Code, the attorney general, the general counsel for the state judiciary, and the general
7765     counsel for the Legislature may bill the Department of [Administrative Services] Government
7766     Operations for all costs and legal fees expended by their respective offices, including attorneys'
7767     and secretarial salaries, in representing the state or any indemnified employee against any claim
7768     for which the Risk Management Fund may be liable and in advising state agencies and
7769     employees regarding any of those claims.
7770          (b) The risk manager shall draw funds from the Risk Management Fund for this
7771     purpose.
7772          Section 182. Section 63G-9-303 is amended to read:
7773          63G-9-303. Meeting to examine claims -- Notice of meeting.
7774          (1) At least 60 days preceding the annual general session of the Legislature, the board
7775     shall hold a session for the purpose of examining the claims referred to in Section 63G-9-302,

7776     and may adjourn from time to time until the work is completed.
7777          (2) The board shall cause notice of such meeting or meetings to be published on the
7778     Utah Public Notice Website created in Section [63F-1-701] 63A-16-601.
7779          Section 183. Section 63G-10-501 is amended to read:
7780          63G-10-501. Definitions.
7781          As used in this part:
7782          (1) "Executive director" means the individual appointed under Section 63A-1-105 as
7783     the executive director of the Department of [Administrative Services] Government Operations,
7784     created in Section 63A-1-104.
7785          (2) "Risk management fund" means the fund created in Section 63A-4-201.
7786          (3) "Risk manager" means the state risk manager appointed under Section 63A-4-101.
7787          Section 184. Section 63G-21-102 is amended to read:
7788          63G-21-102. Definitions.
7789          As used in this chapter:
7790          (1) "Designated agency" means:
7791          (a) the Governor's Office of Economic Development;
7792          (b) the Division of Wildlife Resources;
7793          (c) the Department of Public Safety;
7794          (d) the [Department] Division of Technology Services; or
7795          (e) the Department of Workforce Services.
7796          (2) (a) "State service" means a service or benefit regularly provided to the public by a
7797     designated agency.
7798          (b) "State service" includes:
7799          (i) for the Governor's Office of Economic Development or the [Department] Division
7800     of Technology Services, public high-speed Internet access;
7801          (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
7802          (iii) for the Department of Public Safety, fingerprinting, an online driver license
7803     renewal, online appointment scheduling, an online motor vehicle record request, and an online
7804     change of address with the Driver License Division; and
7805          (iv) for the Department of Workforce Services, online job searches, verification of
7806     submission for benefits administered by the Department of Workforce Services, online

7807     unemployment applications, online food stamp applications, and online appointment
7808     scheduling.
7809          (3) "USPS" means the United States Postal Service.
7810          Section 185. Section 63J-1-206 is amended to read:
7811          63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures --
7812     Transfer of funds -- Exclusion.
7813          (1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
7814     exempted in the appropriating act:
7815          (i) all money appropriated by the Legislature is appropriated upon the terms and
7816     conditions set forth in this chapter; and
7817          (ii) any department, agency, or institution that accepts money appropriated by the
7818     Legislature does so subject to the requirements of this chapter.
7819          (b) This section does not apply to:
7820          (i) the Legislature and its committees; and
7821          (ii) the Investigation Account of the Water Resources Construction Fund, which is
7822     governed by Section 73-10-8.
7823          (2) (a) Each item of appropriation is to be expended subject to any schedule of
7824     programs and any restriction attached to the item of appropriation, as designated by the
7825     Legislature.
7826          (b) Each schedule of programs or restriction attached to an appropriation item:
7827          (i) is a restriction or limitation upon the expenditure of the respective appropriation
7828     made;
7829          (ii) does not itself appropriate any money; and
7830          (iii) is not itself an item of appropriation.
7831          (c) (i) An appropriation or any surplus of any appropriation may not be diverted from
7832     any department, agency, institution, division, or line item to any other department, agency,
7833     institution, division, or line item.
7834          (ii) If the money appropriated to an agency to pay lease payments under the program
7835     established in Section 63A-5b-703 exceeds the amount required for the agency's lease
7836     payments to the Division of Facilities Construction and Management, the agency may:
7837          (A) transfer money from the lease payments line item to other line items within the

7838     agency; and
7839          (B) retain and use the excess money for other purposes.
7840          (d) The money appropriated subject to a schedule of programs or restriction may be
7841     used only for the purposes authorized.
7842          (e) In order for a department, agency, or institution to transfer money appropriated to it
7843     from one program to another program within a line item, the department, agency, or institution
7844     shall revise its budget execution plan as provided in Section 63J-1-209.
7845          (f) (i) The procedures for transferring money between programs within a line item as
7846     provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
7847     Education for the Minimum School Program or capital outlay programs created in Title 53F,
7848     Chapter 3, State Funding -- Capital Outlay Programs.
7849          (ii) The state superintendent may transfer money appropriated for the programs
7850     specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
7851          (3) Notwithstanding Subsection (2)(c)(i):
7852          (a) the state superintendent may transfer money appropriated for the Minimum School
7853     Program between line items in accordance with Section 53F-2-205;
7854          (b) the Department of [Administrative Services] Government Operations may transfer
7855     money appropriated for the purpose of paying the costs of paid employee postpartum recovery
7856     leave under Section [67-19-14.7] 63A-17-511 to another department, agency, institution, or
7857     division; and
7858          (c) the Department of [Administrative Services] Government Operations may transfer
7859     or divert money to another department, agency, institution, or division only for the purposes of
7860     coordinating and providing a state response to the coronavirus.
7861          Section 186. Section 63J-1-219 is amended to read:
7862          63J-1-219. Definitions -- Federal receipts reporting requirements.
7863          (1) As used in this section:
7864          (a) (i) "Designated state agency" means the Department of [Administrative Services]
7865     Government Operations, the Department of Agriculture and Food, the Department of Alcoholic
7866     Beverage Control, the Department of Commerce, the Department of Heritage and Arts, the
7867     Department of Corrections, the Department of Environmental Quality, the Department of
7868     Financial Institutions, the Department of Health, [the Department of Human Resource

7869     Management,] the Department of Human Services, the Department of Insurance, the
7870     Department of Natural Resources, the Department of Public Safety, [the Department of
7871     Technology Services,] the Department of Transportation, the Department of Veterans and
7872     Military Affairs, the Department of Workforce Services, the Labor Commission, the Office of
7873     Economic Development, the Public Service Commission, the Utah Board of Higher Education,
7874     the State Board of Education, the State Tax Commission, or the Utah National Guard.
7875          (ii) "Designated state agency" does not include the judicial branch, the legislative
7876     branch, or an office or other entity within the judicial branch or the legislative branch.
7877          (b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
7878     Sec. 7501, that is reported as part of a single audit.
7879          (c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
7880          (2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
7881     before October 31, prepare a report that:
7882          (a) reports the aggregate value of federal receipts the designated state agency received
7883     for the preceding fiscal year;
7884          (b) reports the aggregate amount of federal funds appropriated by the Legislature to the
7885     designated state agency for the preceding fiscal year;
7886          (c) calculates the percentage of the designated state agency's total budget for the
7887     preceding fiscal year that constitutes federal receipts that the designated state agency received
7888     for that fiscal year; and
7889          (d) develops plans for operating the designated state agency if there is a reduction of:
7890          (i) 5% or more in the federal receipts that the designated state agency receives; and
7891          (ii) 25% or more in the federal receipts that the designated state agency receives.
7892          (3) (a) The report required by Subsection (2) that the Utah Board of Higher Education
7893     prepares shall include the information required by Subsections (2)(a) through (c) for each state
7894     institution of higher education listed in Section 53B-2-101.
7895          (b) The report required by Subsection (2) that the State Board of Education prepares
7896     shall include the information required by Subsections (2)(a) through (c) for each school district
7897     and each charter school within the public education system.
7898          (4) A designated state agency that prepares a report in accordance with Subsection (2)
7899     shall submit the report to the Division of Finance on or before November 1 of each year.

7900          (5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
7901     report that:
7902          (i) compiles and summarizes the reports the Division of Finance receives in accordance
7903     with Subsection (4); and
7904          (ii) compares the aggregate value of federal receipts each designated state agency
7905     received for the previous fiscal year to the aggregate amount of federal funds appropriated by
7906     the Legislature to that designated state agency for that fiscal year.
7907          (b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
7908     compile a list of designated state agencies that do not submit a report as required by this
7909     section.
7910          (6) The Division of Finance shall submit the report required by Subsection (5) to the
7911     Executive Appropriations Committee on or before December 1 of each year.
7912          (7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
7913     Appropriations Committee shall place the report on the agenda for review and consideration at
7914     the next Executive Appropriations Committee meeting.
7915          (8) When considering the report required by Subsection (5), the Executive
7916     Appropriations Committee may elect to:
7917          (a) recommend that the Legislature reduce or eliminate appropriations for a designated
7918     state agency;
7919          (b) take no action; or
7920          (c) take another action that a majority of the committee approves.
7921          Section 187. Section 63J-1-602.2 is amended to read:
7922          63J-1-602.2. List of nonlapsing appropriations to programs.
7923          Appropriations made to the following programs are nonlapsing:
7924          (1) The Legislature and the Legislature's committees.
7925          (2) The State Board of Education, including all appropriations to agencies, line items,
7926     and programs under the jurisdiction of the State Board of Education, in accordance with
7927     Section 53F-9-103.
7928          (3) The Percent-for-Art Program created in Section 9-6-404.
7929          (4) The LeRay McAllister Critical Land Conservation Program created in Section
7930     11-38-301.

7931          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
7932     Subsection 17-16-21(2)(d)(ii).
7933          (6) The Trip Reduction Program created in Section 19-2a-104.
7934          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
7935     the Pelican Management Act, as provided in Section 23-21a-6.
7936          (8) The emergency medical services grant program in Section 26-8a-207.
7937          (9) The primary care grant program created in Section 26-10b-102.
7938          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
7939     26-18-3(7).
7940          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
7941     26-46-102.
7942          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
7943          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
7944          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
7945     with Subsection 32B-2-301(8)(a) or (b).
7946          (15) The General Assistance program administered by the Department of Workforce
7947     Services, as provided in Section 35A-3-401.
7948          (16) A new program or agency that is designated as nonlapsing under Section
7949     36-24-101.
7950          (17) The Utah National Guard, created in Title 39, Militia and Armories.
7951          (18) The State Tax Commission under Section 41-1a-1201 for the:
7952          (a) purchase and distribution of license plates and decals; and
7953          (b) administration and enforcement of motor vehicle registration requirements.
7954          (19) The Search and Rescue Financial Assistance Program, as provided in Section
7955     53-2a-1102.
7956          (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
7957          (21) The Utah Board of Higher Education for teacher preparation programs, as
7958     provided in Section 53B-6-104.
7959          (22) The Medical Education Program administered by the Medical Education Council,
7960     as provided in Section 53B-24-202.
7961          (23) The Division of Services for People with Disabilities, as provided in Section

7962     62A-5-102.
7963          (24) The Division of Fleet Operations for the purpose of upgrading underground
7964     storage tanks under Section 63A-9-401.
7965          (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
7966          (26) Appropriations to the [Department] Division of Technology Services for
7967     technology innovation as provided under Section [63F-4-202] 63A-16-903.
7968          (27) The Office of Administrative Rules for publishing, as provided in Section
7969     63G-3-402.
7970          (28) The Governor's Office of Economic Development to fund the Enterprise Zone
7971     Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
7972          (29) Appropriations to fund the Governor's Office of Economic Development's Rural
7973     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
7974     Employment Expansion Program.
7975          (30) Appropriations to fund programs for the Jordan River Recreation Area as
7976     described in Section 65A-2-8.
7977          (31) The [Department] Division of Human Resource Management user training
7978     program, as provided in Section [67-19-6] 63A-17-106.
7979          (32) A public safety answering point's emergency telecommunications service fund, as
7980     provided in Section 69-2-301.
7981          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
7982          (34) The Judicial Council for compensation for special prosecutors, as provided in
7983     Section 77-10a-19.
7984          (35) A state rehabilitative employment program, as provided in Section 78A-6-210.
7985          (36) The Utah Geological Survey, as provided in Section 79-3-401.
7986          (37) The Bonneville Shoreline Trail Program created under Section 79-5-503.
7987          (38) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
7988     78B-6-144.5.
7989          (39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
7990     Defense Commission.
7991          (40) The program established by the Division of Facilities Construction and
7992     Management under Section 63A-5b-703 under which state agencies receive an appropriation

7993     and pay lease payments for the use and occupancy of buildings owned by the Division of
7994     Facilities Construction and Management.
7995          Section 188. Section 67-1-8.1 is amended to read:
7996          67-1-8.1. Executive Residence Commission -- Recommendations as to use,
7997     maintenance, and operation of executive residence.
7998          (1) The Legislature finds and declares that:
7999          (a) the state property known as the Thomas Kearns Mansion is a recognized state
8000     landmark possessing historical and architectural qualities that should be preserved; and
8001          (b) the Thomas Kearns Mansion was the first building listed on the National Register
8002     of Historic Places in the state.
8003          (2) As used in this section:
8004          (a) "Executive residence" includes the:
8005          (i) Thomas Kearns Mansion;
8006          (ii) Carriage House building; and
8007          (iii) grounds and landscaping surrounding the Thomas Kearns Mansion and the
8008     Carriage House building.
8009          (b) "Commission" means the Executive Residence Commission established in this
8010     section.
8011          (3) (a) An Executive Residence Commission is established to make recommendations
8012     to the State Building Board for the use, operation, maintenance, repair, rehabilitation,
8013     alteration, restoration, placement of art and monuments, or adoptive use of the executive
8014     residence.
8015          (b) The commission shall meet at least once a year and make any recommendations to
8016     the State Building Board prior to August 1 of each year.
8017          (4) The commission shall consist of nine voting members and one ex officio,
8018     nonvoting member representing the Governor's Mansion Foundation. The membership shall
8019     consist of:
8020          (a) three private citizens appointed by the governor, who have demonstrated an interest
8021     in historical preservation;
8022          (b) three additional private citizens appointed by the governor with the following
8023     background:

8024          (i) an interior design professional with a background in historic spaces;
8025          (ii) an architect with a background in historic preservation and restoration
8026     recommended by the Utah chapter of the American Institute of Architects; and
8027          (iii) a landscape architect with a background and knowledge of historic properties
8028     recommended by the Utah chapter of the American Society of Landscape Architects;
8029          (c) the director, or director's de