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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Department of Government Operations.
10 Highlighted Provisions:
11 This bill:
12 ▸ permits the Data Security Management Council to hold a closed meeting to conduct
13 business relating to information technology security;
14 ▸ modifies provisions relating to rulemaking authority;
15 ▸ clarifies provisions relating to the setting of rates and fees;
16 ▸ clarifies provisions relating to risk management;
17 ▸ modifies provisions relating to the duties of the Division of Archives and Records
18 Services;
19 ▸ modifies provisions relating to the duties of the Division of Technology Services;
20 ▸ provides that the Department of Government Operations and the divisions within
21 the department present reports to the Legislature through the Government
22 Operations Interim Committee;
23 ▸ clarifies a provision relating to career service employment status;
24 ▸ classifies as private a record relating to drug or alcohol testing of a state employee;
25 and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 26-6-27, as last amended by Laws of Utah 2021, Chapter 345
34 26-6-32, as last amended by Laws of Utah 2021, Chapter 345
35 52-4-204, as last amended by Laws of Utah 2021, Chapter 217
36 63A-1-105.5, as last amended by Laws of Utah 2020, Chapter 408
37 63A-1-109, as last amended by Laws of Utah 2021, Chapter 344
38 63A-1-114, as last amended by Laws of Utah 2021, Chapters 344 and 382
39 63A-2-103, as last amended by Laws of Utah 2019, Chapter 488
40 63A-2-401, as repealed and reenacted by Laws of Utah 2019, Chapter 488
41 63A-3-201, as last amended by Laws of Utah 2018, Chapter 427
42 63A-3-203, as last amended by Laws of Utah 2017, Chapter 56
43 63A-3-310, as last amended by Laws of Utah 2020, Chapter 297
44 63A-4-101.5, as last amended by Laws of Utah 2021, Chapter 344 and renumbered and
45 amended by Laws of Utah 2021, Chapter 33
46 63A-4-102, as last amended by Laws of Utah 2021, Chapter 33
47 63A-4-201, as last amended by Laws of Utah 2021, Chapter 33
48 63A-5b-203, as enacted by Laws of Utah 2020, Chapter 152
49 63A-5b-303, as enacted by Laws of Utah 2020, Chapter 152
50 63A-5b-606, as enacted by Laws of Utah 2020, Chapter 152
51 63A-5b-607, as last amended by Laws of Utah 2020, Chapter 32 and renumbered and
52 amended by Laws of Utah 2020, Chapter 152 and last amended by Coordination
53 Clause, Laws of Utah 2020, Chapter 152
54 63A-5b-903, as renumbered and amended by Laws of Utah 2020, Chapter 152
55 63A-9-401, as last amended by Laws of Utah 2021, Chapter 344
56 63A-9-501, as last amended by Laws of Utah 2021, Chapter 344
57 63A-12-101, as last amended by Laws of Utah 2021, Chapters 84 and 344
58 63A-12-104, as last amended by Laws of Utah 2021, Chapter 344
59 63A-16-102, as renumbered and amended by Laws of Utah 2021, Chapter 344
60 63A-16-104, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
61 amended by Laws of Utah 2021, Chapter 344
62 63A-16-105, as renumbered and amended by Laws of Utah 2021, Chapter 344
63 63A-16-201, as renumbered and amended by Laws of Utah 2021, Chapter 344
64 63A-16-202, as renumbered and amended by Laws of Utah 2021, Chapter 344
65 63A-16-203, as renumbered and amended by Laws of Utah 2021, Chapter 344
66 63A-16-205, as renumbered and amended by Laws of Utah 2021, Chapter 344
67 63A-16-208, as renumbered and amended by Laws of Utah 2021, Chapter 344
68 63A-16-211, as renumbered and amended by Laws of Utah 2021, Chapter 344
69 63A-16-301, as renumbered and amended by Laws of Utah 2021, Chapter 344
70 63A-16-501, as last amended by Laws of Utah 2021, Chapter 162 and renumbered and
71 amended by Laws of Utah 2021, Chapter 344
72 63A-16-504, as renumbered and amended by Laws of Utah 2021, Chapter 344
73 63A-16-505, as last amended by Laws of Utah 2021, Chapter 162 and renumbered and
74 amended by Laws of Utah 2021, Chapter 344
75 63A-16-701, as renumbered and amended by Laws of Utah 2021, Chapter 344
76 63A-16-702, as renumbered and amended by Laws of Utah 2021, Chapter 344
77 63A-16-804, as renumbered and amended by Laws of Utah 2021, Chapter 344
78 63A-16-903, as renumbered and amended by Laws of Utah 2021, Chapter 344
79 63A-17-106, as renumbered and amended by Laws of Utah 2021, Chapter 344
80 63A-17-107, as enacted by Laws of Utah 2021, Chapter 344
81 63A-17-110, as enacted by Laws of Utah 2021, Chapter 158
82 63A-17-202, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
83 amended by Laws of Utah 2021, Chapter 344
84 63A-17-304, as renumbered and amended by Laws of Utah 2021, Chapter 344
85 63A-17-306, as renumbered and amended by Laws of Utah 2021, Chapter 344
86 63A-17-307, as renumbered and amended by Laws of Utah 2021, Chapter 344
87 63A-17-806, as renumbered and amended by Laws of Utah 2021, Chapter 344
88 63A-17-1004, as renumbered and amended by Laws of Utah 2021, Chapter 344
89 63G-2-302, as last amended by Laws of Utah 2021, Chapters 100, 100, 143, 143, 367,
90 and 367
91 63I-5-201 (Superseded 07/01/22), as last amended by Laws of Utah 2021, Chapter 184
92 63I-5-201 (Effective 07/01/22), as last amended by Laws of Utah 2021, Second Special
93 Session, Chapter 1
94 67-3-12, as last amended by Laws of Utah 2021, Chapter 398 and renumbered and
95 amended by Laws of Utah 2021, Chapter 84 and last amended by Coordination
96 Clause, Laws of Utah 2021, Chapter 398
97 67-19a-101, as last amended by Laws of Utah 2021, Chapter 344
98 ENACTS:
99 67-27-101, Utah Code Annotated 1953
100 RENUMBERS AND AMENDS:
101 67-27-102, (Renumbered from 63A-17-901, as renumbered and amended by Laws of
102 Utah 2021, Chapter 344)
103 67-27-103, (Renumbered from 63A-17-902, as last amended by Laws of Utah 2021,
104 Chapter 262 and renumbered and amended by Laws of Utah 2021, Chapter 344)
105 67-27-104, (Renumbered from 63A-17-903, as renumbered and amended by Laws of
106 Utah 2021, Chapter 344)
107 REPEALS:
108 63A-16-106, as renumbered and amended by Laws of Utah 2021, Chapter 344
109 63A-16-212, as renumbered and amended by Laws of Utah 2021, Chapter 344
110 63A-16-213, as renumbered and amended by Laws of Utah 2021, Chapter 344
111 63A-16-401, as renumbered and amended by Laws of Utah 2021, Chapter 344
112 63A-16-402, as renumbered and amended by Laws of Utah 2021, Chapter 344
113 63A-16-403, as renumbered and amended by Laws of Utah 2021, Chapter 344
114 63A-16-502, as renumbered and amended by Laws of Utah 2021, Chapter 344
115 63A-16-503, as renumbered and amended by Laws of Utah 2021, Chapter 344
116
117 Be it enacted by the Legislature of the state of Utah:
118 Section 1. Section 26-6-27 is amended to read:
119 26-6-27. Information regarding communicable or reportable diseases
120 confidentiality -- Exceptions.
121 (1) Information collected pursuant to this chapter in the possession of the department
122 or local health departments relating to an individual who has or is suspected of having a disease
123 designated by the department as a communicable or reportable disease under this chapter shall
124 be held by the department and local health departments as strictly confidential. The department
125 and local health departments may not release or make public that information upon subpoena,
126 search warrant, discovery proceedings, or otherwise, except as provided by this section.
127 (2) The information described in Subsection (1) may be released by the department or
128 local health departments only in accordance with the requirements of this chapter and as
129 follows:
130 (a) specific medical or epidemiological information may be released with the written
131 consent of the individual identified in that information or, if that individual is deceased, his
132 next-of-kin;
133 (b) specific medical or epidemiological information may be released to medical
134 personnel or peace officers in a medical emergency, as determined by the department in
135 accordance with guidelines it has established, only to the extent necessary to protect the health
136 or life of the individual identified in the information, or of the attending medical personnel or
137 law enforcement or public safety officers;
138 (c) specific medical or epidemiological information may be released to authorized
139 personnel within the department, local health departments, public health authorities, official
140 health agencies in other states, the United States Public Health Service, the Centers for Disease
141 Control and Prevention (CDC), or when necessary to continue patient services or to undertake
142 public health efforts to interrupt the transmission of disease;
143 (d) if the individual identified in the information is under the age of 18, the information
144 may be released to the Division of Child and Family Services within the Department of Human
145 Services in accordance with Section 62A-4a-403. If that information is required in a court
146 proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
147 the Person, the information shall be disclosed in camera and sealed by the court upon
148 conclusion of the proceedings;
149 (e) specific medical or epidemiological information may be released to authorized
150 personnel in the department or in local health departments, and to the courts, to carry out the
151 provisions of this title, and rules adopted by the department in accordance with this title;
152 (f) specific medical or epidemiological information may be released to blood banks,
153 organ and tissue banks, and similar institutions for the purpose of identifying individuals with
154 communicable diseases. The department may, by rule, designate the diseases about which
155 information may be disclosed under this subsection, and may choose to release the name of an
156 infected individual to those organizations without disclosing the specific disease;
157 (g) specific medical or epidemiological information may be released in such a way that
158 no individual is identifiable;
159 (h) specific medical or epidemiological information may be released to a "health care
160 provider" as defined in Section 78B-3-403, health care personnel, and public health personnel
161 who have a legitimate need to have access to the information in order to assist the patient, or to
162 protect the health of others closely associated with the patient;
163 (i) specific medical or epidemiological information regarding a health care provider, as
164 defined in Section 78B-3-403, may be released to the department, the appropriate local health
165 department, and the Division of Occupational and Professional Licensing within the
166 Department of Commerce, if the identified health care provider is endangering the safety or life
167 of any individual by his continued practice of health care;
168 (j) specific medical or epidemiological information may be released in accordance with
169 Section 26-6-31 if an individual is not identifiable; and
170 (k) specific medical or epidemiological information may be released to a state agency
171 as defined in Section [
172 26-6-32(4) if the state agency agrees to act in accordance with the requirements in this chapter.
173 (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
174 intended only to aid health care providers in their treatment and containment of infectious
175 disease.
176 Section 2. Section 26-6-32 is amended to read:
177 26-6-32. Testing for COVID-19 for high-risk individuals at care facilities --
178 Collection and release of information regarding risk factors and comorbidities for
179 COVID-19.
180 (1) As used in this section:
181 (a) "Care facility" means a facility described in Subsections 26-6-6(2) through (6).
182 (b) "COVID-19" means the same as that term is defined in Section 78B-4-517.
183 (2) (a) At the request of the department or a local health department, an individual who
184 meets the criteria established by the department under Subsection (2)(b) shall submit to testing
185 for COVID-19.
186 (b) The department:
187 (i) shall establish protocols to identify and test individuals who are present at a care
188 facility and are at high risk for contracting COVID-19;
189 (ii) may establish criteria to identify care facilities where individuals are at high risk for
190 COVID-19; and
191 (iii) may establish who is responsible for the costs of the testing.
192 (c) (i) The protocols described in Subsection (2)(b)(i) shall:
193 (A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care
194 facility to refuse testing; and
195 (B) specify criteria for when an individual's refusal to submit to testing under
196 Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
197 (ii) Notwithstanding any other provision of state law, a care facility may discharge a
198 resident who declines testing requested by the department under Subsection (2)(a) if:
199 (A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the
200 resident's refusal to submit to testing endangers the health or safety of other individuals at the
201 care facility; and
202 (B) discharging the resident does not violate federal law.
203 (3) The department may establish protocols to collect information regarding the
204 individual's age and relevant comorbidities from an individual who receives a positive test
205 result for COVID-19.
206 (4) (a) The department shall publish deidentified information regarding comorbidities
207 and other risk factors for COVID-19 in a manner that is accessible to the public.
208 (b) The department may work with a state agency as defined in Section [
209 67-27-102, to perform the analysis or publish the information described in Subsection (4)(a).
210 Section 3. Section 52-4-204 is amended to read:
211 52-4-204. Closed meeting held upon vote of members -- Business -- Reasons for
212 meeting recorded.
213 (1) A closed meeting may be held if:
214 (a) (i) a quorum is present;
215 (ii) the meeting is an open meeting for which notice has been given under Section
216 52-4-202; and
217 (iii) (A) two-thirds of the members of the public body present at the open meeting vote
218 to approve closing the meeting;
219 (B) for a meeting that is required to be closed under Section 52-4-205, if a majority of
220 the members of the public body present at an open meeting vote to approve closing the
221 meeting;
222 (C) for an ethics committee of the Legislature that is conducting an open meeting for
223 the purpose of reviewing an ethics complaint, a majority of the members present vote to
224 approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
225 evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
226 complaint; or
227 (D) for the Political Subdivisions Ethics Review Commission established in Section
228 63A-15-201 that is conducting an open meeting for the purpose of reviewing an ethics
229 complaint in accordance with Section 63A-15-701, a majority of the members present vote to
230 approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
231 evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
232 complaint; or
233 (b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
234 convened for the purpose of conducting business relating to the receipt or review of an ethics
235 complaint, [
236 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the
237 purpose of "conducting business relating to the receipt or review of ethics complaints";
238 (ii) for the Political Subdivisions Ethics Review Commission established in Section
239 63A-15-201, the closed meeting is convened for the purpose of conducting business relating to
240 the preliminary review of an ethics complaint in accordance with Section 63A-15-602,
241 [
242 agenda for the meeting stating that the meeting will be closed for the purpose of "conducting
243 business relating to the review of ethics complaints"; [
244 (iii) for the Independent Executive Branch Ethics Commission created in Section
245 63A-14-202, the closed meeting is convened for the purpose of conducting business relating to
246 an ethics complaint, [
247 Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for
248 the purpose of "conducting business relating to an ethics complaint[
249 (iv) for the Data Security Management Council created in Section 63A-16-701, the
250 closed meeting is convened in accordance with Subsection 63A-16-701(7), if public notice of
251 the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating
252 that the meeting will be closed for the purpose of "conducting business relating to information
253 technology security."
254 (2) A closed meeting is not allowed unless each matter discussed in the closed meeting
255 is permitted under Section 52-4-205.
256 (3) (a) An ordinance, resolution, rule, regulation, contract, or appointment may not be
257 approved at a closed meeting.
258 (b) (i) A public body may not take a vote in a closed meeting, except for a vote on a
259 motion to end the closed portion of the meeting and return to an open meeting.
260 (ii) A motion to end the closed portion of a meeting may be approved by a majority of
261 the public body members present at the meeting.
262 (4) The following information shall be publicly announced and entered on the minutes
263 of the open meeting at which the closed meeting was approved:
264 (a) the reason or reasons for holding the closed meeting;
265 (b) the location where the closed meeting will be held; and
266 (c) the vote by name, of each member of the public body, either for or against the
267 motion to hold the closed meeting.
268 (5) Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be
269 construed to require any meeting to be closed to the public.
270 Section 4. Section 63A-1-105.5 is amended to read:
271 63A-1-105.5. Rulemaking authority of executive director.
272 The executive director [
273 division directors or the director of the Office of Administrative Rules, make rules consistent
274 with state and federal law, and in accordance with Title 63G, Chapter 3, Utah Administrative
275 Rulemaking Act, governing:
276 (1) [
277 (2) the provision and use of [
278 institutions.
279 Section 5. Section 63A-1-109 is amended to read:
280 63A-1-109. Divisions of department -- Administration.
281 (1) The department is composed of:
282 (a) the following divisions:
283 (i) the Division of Purchasing and General Services, created in Section 63A-2-101;
284 (ii) the Division of Finance, created in Section 63A-3-101;
285 (iii) the Division of Facilities Construction and Management, created in Section
286 63A-5b-301;
287 (iv) the Division of Fleet Operations, created in Section 63A-9-201;
288 (v) the Division of Archives and Records Service, created in Section 63A-12-101;
289 (vi) the Division of Technology Services, created in Section 63A-16-103;
290 (vii) the Division of Human Resource Management, created in Section 63A-17-105;
291 and
292 (viii) the Division of Risk Management, created in Section 63A-16-201; and
293 (b) the [
294 (2) Each division described in Subsection (1)(a) shall be administered and managed by
295 a division director.
296 Section 6. Section 63A-1-114 is amended to read:
297 63A-1-114. Rate committee -- Membership -- Duties.
298 (1) (a) There is created a rate committee consisting of the executive directors,
299 commissioners, or superintendents of seven state agencies, which may include the State Board
300 of Education, that use services and pay rates to one of the department internal service funds, or
301 their designee, that the governor appoints for a two-year term.
302 (b) The department may not have a representative on the rate committee.
303 (c) (i) The committee shall elect a chair from the committee's members.
304 (ii) Members of the committee who are state government employees and who do not
305 receive salary, per diem, or expenses from their agency for their service on the committee shall
306 receive no compensation, benefits, per diem, or expenses for the members' service on the
307 committee.
308 (d) The department shall provide staff services to the committee.
309 (2) (a) A division described in Section 63A-1-109 that manages an internal service
310 fund shall submit to the committee a proposed rate [
311 the division to an executive branch entity or an entity that subscribes to services rendered by
312 the division.
313 (b) The committee shall:
314 (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
315 Act;
316 (ii) meet at least once each calendar year to:
317 (A) discuss the service performance of each internal service fund;
318 (B) review the proposed rate [
319 (C) at the rate committee's discretion, approve, increase, or decrease the rate [
320 schedules described in Subsection (2)(b)(ii)(B); and
321 (D) discuss any prior or potential adjustments to the service level received by state
322 agencies that pay rates to an internal service fund;
323 (iii) recommend a proposed rate [
324 (A) the Governor's Office of Planning and Budget; and
325 (B) each legislative appropriations subcommittee that, in accordance with Section
326 63J-1-410, approves the internal service fund agency's rates[
327 (iv) review and approve, increase, or decrease an interim rate[
328 internal service fund agency begins a new service or introduces a new product between annual
329 general sessions of the Legislature.
330 (c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate[
331
332 Section 7. Section 63A-2-103 is amended to read:
333 63A-2-103. Duties and authority of purchasing director -- Subscribing to mailing
334 system and electronic central store -- Rate schedule.
335 (1) The purchasing director:
336 (a) shall operate, manage, and maintain:
337 (i) a central mailing service; and
338 (ii) an electronic central store system for procuring goods and services;
339 (b) shall, except when a state surplus property contractor administers the surplus
340 property program, operate, manage, and maintain the surplus property program;
341 (c) shall, when a state surplus property contractor administers the surplus property
342 program, oversee the state surplus property contractor's administration of the surplus property
343 program in accordance with Part 4, Surplus Property Services; and
344 (d) may establish microfilming, duplicating, printing, addressograph, and other central
345 services.
346 (2) (a) Each state agency shall subscribe to all of the services described in Subsection
347 (1)(a), unless the director delegates the director's authority to a state agency under Section
348 63A-2-104.
349 (b) An institution of higher education, the State Board of Education, a school district,
350 or a political subdivision of the state may subscribe to one or more of the services described in
351 Subsection (1)(a).
352 (3) (a) The purchasing director shall:
353 (i) prescribe a schedule of [
354 division after the purchasing director:
355 (A) submits the proposed [
356 the division's internal service fund to the Rate Committee established in Section 63A-1-114;
357 and
358 (B) obtains the approval of the Legislature, as required by Section [
359 63J-1-410;
360 (ii) ensure that the [
361 services; and
362 (iii) annually conduct a market analysis of [
363 (b) A market analysis under Subsection (3)(a)(iii) shall include a comparison of the
364 division's rates with the [
365 services and rates are reasonably available.
366 Section 8. Section 63A-2-401 is amended to read:
367 63A-2-401. State agencies required to participate in surplus property program --
368 Declaring property to be state surplus property -- Division authority.
369 (1) Except as otherwise provided in this part, a state agency shall dispose of and
370 acquire state surplus property by participating in the surplus property program.
371 (2) A state agency may declare property that the state agency owns to be state surplus
372 property by making a written determination that the property is state surplus property.
373 (3) The division shall determine the appropriate method for disposing of state surplus
374 property.
375 (4) The division may:
376 (a) establish facilities to store state surplus property at locations throughout the state;
377 and
378 (b) after consultation with the state agency requesting the sale of state surplus property,
379 establish the selling price for the state surplus property.
380 (5) As provided in Title 63J, Chapter 1, Budgetary Procedures Act, the division may
381 transfer proceeds generated by the sale of state surplus property to the state agency requesting
382 the sale, reduced by a [
383 the division's costs of administering the surplus property program.
384 (6) By following the procedures and requirements of Title 63G, Chapter 3, Utah
385 Administrative Rulemaking Act, the division may make rules establishing a surplus property
386 program that meets the requirements of this chapter.
387 Section 9. Section 63A-3-201 is amended to read:
388 63A-3-201. Appointment of accounting and other officers and employees by
389 director of the Division of Finance -- Delegation of powers and duties by director --
390 Background checks.
391 (1) With the approval of the executive director, the director of the Division of Finance
392 shall appoint an accounting officer and other administrative officers that are necessary to
393 efficiently and economically perform the functions of the Division of Finance.
394 (2) The director of the Division of Finance may:
395 (a) organize the division and employ other assistants to discharge the functions of the
396 division;
397 (b) delegate to assistants, officers, and employees any of the powers and duties of the
398 office subject to his or her control and subject to any conditions he may prescribe; and
399 (c) delegate the powers and duties of the office only by written order filed with the
400 lieutenant governor.
401 (3) (a) As used in this Subsection (3):
402 (i) "Public employee" means a person employed by a state agency.
403 (ii) "Public funds" means money, funds, and accounts, regardless of the source from
404 which the money, funds, and accounts are derived, that are owned, held, or administered by a
405 state agency.
406 (iii) "Public funds position" means employment with a state agency that requires:
407 (A) physical or electronic access to public funds;
408 (B) performing internal control functions or accounting;
409 (C) creating reports on public funds; or
410 (D) using, operating, or accessing state systems that account for or help account for
411 public funds.
412 (iv) "State agency" means:
413 (A) an executive branch agency; or
414 (B) a state educational institution with the exception of an institution defined in
415 Subsection 53B-1-102(1).
416 (b) The Division of Finance may require that a public employee who applies for or
417 holds a public funds position:
418 (i) submit a fingerprint card in a form acceptable to the division;
419 (ii) consent to a criminal background check by:
420 (A) the Federal Bureau of Investigation;
421 (B) the Utah Bureau of Criminal Identification; or
422 (C) another agency of any state that performs criminal background checks; or
423 (iii) consent to a credit history report, subject to the requirements of the Fair Credit
424 Reporting Act, 15 U.S.C. Sec. 1681 et seq.
425 (c) The Bureau of Criminal Identification shall provide all the results from the state,
426 regional, and nationwide criminal history background checks to the division.
427 (d) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
428 Administrative Rulemaking Act, [
429 Section 10. Section 63A-3-203 is amended to read:
430 63A-3-203. Accounting control over state departments and agencies --
431 Prescription and approval of financial forms and accounting systems.
432 (1) The director of the Division of Finance shall:
433 (a) exercise accounting control over all state departments and agencies except
434 institutions of higher education; and
435 (b) prescribe the manner and method of certifying that funds are available and adequate
436 to meet all contracts and obligations.
437 (2) The director shall audit all claims against the state for which an appropriation [
438
439 (3) (a) The director shall prescribe:
440 (i) all forms of requisitions, receipts, vouchers, bills, or claims to be used by all state
441 departments and agencies; and
442 (ii) all forms to be used by the division.
443 (b) Before approving the forms in Subsection (3)(a), the director shall obtain approval
444 from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
445 (4) Before implementation by any state agency, the director of the Division of Finance
446 shall review and approve any accounting system developed by a state agency.
447 Section 11. Section 63A-3-310 is amended to read:
448 63A-3-310. Rules for implementing part.
449 The division may [
450 Administrative Rulemaking Act, for the implementation of this part, including rules for the
451 conduct of hearings, injured spouse claims, and appointment of hearing examiners.
452 Section 12. Section 63A-4-101.5 is amended to read:
453 63A-4-101.5. Risk manager -- Appointment -- Duties.
454 (1) (a) There is created within the department the Division of Risk Management.
455 (b) The executive director shall, with the approval of the governor, appoint a risk
456 manager as the division director, who shall be qualified by education and experience in the
457 management of general property and casualty insurance.
458 (2) The risk manager shall:
459 (a) except as provided in Subsection (4), acquire and administer the following
460 purchased by the state or any captive insurance company created by the risk manager:
461 (i) all property and casualty insurance;
462 (ii) reinsurance of property and casualty insurance; and
463 (iii) subject to Section 34A-2-203, workers' compensation insurance;
464 [
465 (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
466 Rulemaking Act:
467 (i) prescribing reasonable and objective underwriting and risk control standards for:
468 (A) all covered entities of the Risk Management Fund; and
469 (B) any captive insurance company created by the risk manager;
470 (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
471 which these risks will be covered;
472 (iii) prescribing the properties, risks, deductibles, and amount limits eligible for
473 payment out of the Risk Management Fund;
474 (iv) prescribing procedures for making claims and proof of loss; and
475 (v) establishing procedures for the resolution of disputes relating to coverage or claims,
476 which may include binding arbitration;
477 (c) implement a risk management and loss prevention program for covered entities for
478 the purpose of reducing risks, accidents, and losses to assist covered entities in fulfilling their
479 responsibilities for risk control and safety;
480 (d) coordinate and cooperate with any covered entity having responsibility to manage
481 and protect state properties, including:
482 (i) the state fire marshal;
483 (ii) the director of the Division of Facilities Construction and Management;
484 (iii) the Department of Public Safety;
485 (iv) institutions of higher education;
486 (v) school districts; and
487 (vi) charter schools;
488 (e) maintain records necessary to fulfill the requirements of this section;
489 (f) manage the Risk Management Fund and any captive insurance company created by
490 the risk manager in accordance with economically and actuarially sound principles to produce
491 adequate reserves for the payment of contingencies, including unpaid and unreported claims,
492 and may purchase any insurance or reinsurance considered necessary to accomplish this
493 objective; and
494 (g) inform the covered entity's governing body and the governor when any covered
495 entity fails or refuses to comply with reasonable risk control recommendations made by the risk
496 manager.
497 (3) Before the effective date of any rule, the risk manager shall provide a copy of the
498 rule to each covered entity affected by it.
499 (4) The risk manager may not use a captive insurance company created by the risk
500 manager to purchase:
501 (a) workers' compensation insurance;
502 (b) health insurance; or
503 (c) life insurance.
504 Section 13. Section 63A-4-102 is amended to read:
505 63A-4-102. Risk manager -- Powers.
506 (1) The risk manager may:
507 (a) enter into contracts;
508 (b) form one or more captive insurance companies authorized under Title 31A, Chapter
509 37, Captive Insurance Companies Act;
510 (c) purchase insurance or reinsurance;
511 (d) adjust, settle, and pay claims;
512 (e) pay expenses and costs;
513 (f) study the risks of all covered entities and properties;
514 (g) issue certificates of coverage or insurance for covered entities with respect to any
515 risks covered by the Risk Management Fund or any captive insurance company created by the
516 risk manager;
517 (h) make recommendations about risk management and risk reduction strategies to
518 covered entities;
519 (i) in consultation with the attorney general, prescribe insurance, indemnification, and
520 liability provisions to be included in all state contracts;
521 (j) review covered entity building construction, major remodeling plans, [
522 program plans, and make recommendations to the [
523 changes to address risk considerations;
524 (k) attend [
525 (l) review any proposed legislation and communicate with legislators and legislative
526 committees about the liability or risk management issues connected with any legislation; and
527 (m) solicit any needed information about [
528 covered entity plans, programs, or risks necessary to perform the risk manager's responsibilities
529 under this part.
530 (2) (a) The risk manager may expend money from the Risk Management Fund to
531 procure and provide coverage to all covered entities and their indemnified employees, except
532 those entities or employees specifically exempted by statute.
533 (b) The risk manager shall apportion the costs of that coverage according to the
534 requirements of this part.
535 (3) Before charging a rate, fee, or other amount to an executive branch agency, or to a
536 subscriber of services other than an executive branch agency, the director shall:
537 (a) submit the proposed rates, fees, or other amount and cost analysis to the Rate
538 Committee established in Section 63A-1-114; and
539 (b) obtain the approval of the Legislature as required by Section 63J-1-410.
540 (4) The director shall conduct a market analysis by July 1, 2005, and periodically
541 thereafter, of proposed rates and [
542 the division's rates and [
543 public or private sector providers where comparable services and rates are reasonably available.
544 Section 14. Section 63A-4-201 is amended to read:
545 63A-4-201. Risk Management Fund created -- Administration -- Use.
546 (1) (a) There is created the Risk Management Fund, which shall be administered by the
547 risk manager.
548 (b) The fund shall cover property, liability, fidelity, and other risks as determined by
549 the risk manager in consultation with the executive director.
550 (2) The risk manager may only use the Risk Management Fund to pay:
551 (a) insurance or reinsurance premiums;
552 (b) costs of administering the Risk Management Fund and any captive insurance
553 companies created by the risk manager;
554 (c) loss adjustment expenses;
555 (d) risk control and related educational and training expenses; and
556 (e) loss costs which at the time of loss were eligible for payment under rules
557 [
558 by the risk manager in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
559 Act.
560 (3) In addition to any money appropriated to the Risk Management Fund by the
561 Legislature, the risk manager shall deposit with the state treasurer for credit to the Risk
562 Management Fund:
563 (a) any insured loss or loss expenses paid by insurance or reinsurance companies;
564 (b) the gross amount of all premiums and surcharges received under Section
565 63A-4-202;
566 (c) the net refunds from cancelled insurance policies necessary to self-insure previously
567 insured risks, with the balance of the proceeds to be refunded to the previously insured entities;
568 (d) all refunds, returns, or dividends from insurance carriers not specifically covered in
569 Subsections (3)(a), (b), and (c);
570 (e) savings from amounts otherwise appropriated for participation in the fund; and
571 (f) all net proceeds from sale of salvage and subrogation recoveries from adverse
572 parties related to losses paid out of the fund.
573 (4) The state treasurer shall invest the Risk Management Fund in accordance with
574 Section 63A-4-208 and deposit all interest or other income earned from investments into the
575 Risk Management Fund.
576 Section 15. Section 63A-5b-203 is amended to read:
577 63A-5b-203. Meetings of state building board -- Rules of procedure -- Quorum.
578 (1) The board shall meet quarterly and at other times at the call of the executive
579 director or at the request of the board chair.
580 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
581 board shall [
582 (3) Four members of the board constitute a quorum for the transaction of business.
583 (4) The board shall conduct all meetings of the board in accordance with Title 52,
584 Chapter 4, Open and Public Meetings Act.
585 Section 16. Section 63A-5b-303 is amended to read:
586 63A-5b-303. Duties and authority of division.
587 (1) (a) The division shall:
588 (i) subject to Subsection (1)(b), supervise and control the allocation of space, in
589 accordance with legislative directive through annual appropriations acts, other legislation, or
590 statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
591 as provided in Subsection (3) or as otherwise provided by statute;
592 (ii) assure the efficient use of all building space under the division's supervision and
593 control;
594 (iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
595 the state or an agency, as authorized by the Legislature through an appropriation act, other
596 legislation, or statute, subject to Subsection (1)(c);
597 (iv) except as otherwise provided by statute, hold title to all real property, buildings,
598 fixtures, and appurtenances owned by the state or an agency;
599 (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
600 title to or an interest in property belonging to the state or of the state's departments, except
601 institutions of higher education and the trust lands administration;
602 (vi) (A) periodically conduct a market analysis of proposed rates and fees; and
603 (B) include in a market analysis a comparison of the division's rates and fees with the
604 rates and fees of other public or private sector providers of comparable services, if rates and
605 fees for comparable services are reasonably available;
606 (vii) implement the state building energy efficiency program under Section
607 63A-5b-1002;
608 (viii) convey, lease, or dispose of the real property, water rights, or water shares
609 associated with the Utah State Developmental Center if directed to do so by the Utah State
610 Developmental Center board, as provided in Subsection 62A-5-206.6(2); and
611 (ix) take all other action that the division is required to do under this chapter or other
612 applicable statute.
613 (b) In making an allocation of space under Subsection (1)(a)(i), the division shall
614 conduct one or more studies to determine the actual needs of each agency.
615 (c) The division may, without legislative approval, acquire title to real property for use
616 by the state or an agency if the acquisition cost does not exceed $250,000.
617 (2) The division may:
618 (a) sue and be sued;
619 (b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
620 otherwise, and hold real or personal property necessary for the discharge of the division's
621 duties; and
622 (c) take all other action necessary for carrying out the purposes of this chapter.
623 (3) (a) The division may not supervise or control the allocation of space for an
624 institution of higher education or an entity in the public education system.
625 (b) The supervision and control of the legislative area is reserved to the Legislature.
626 (c) The supervision and control of the trial courts area is reserved to the judiciary.
627 (d) The supervision and control of capitol hill facilities and capitol hill grounds is
628 reserved to the State Capitol Preservation Board.
629 (4) Before the division charges a rate, fee, or other amount for a service provided by
630 the division's internal service fund to an executive branch agency, or to a service subscriber
631 other than an executive branch agency, the division shall:
632 (a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
633 created in Section 63A-1-114; and
634 (b) obtain the approval of the Legislature as required by Section 63J-1-410 or
635 63J-1-504.
636 Section 17. Section 63A-5b-606 is amended to read:
637 63A-5b-606. Dispute resolution process -- Penalties for fraud or bad faith claim.
638 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
639 director shall [
640 involved with contracts under the division's procurement authority.
641 (2) The director shall consider, and the rules may include:
642 (a) requirements regarding preliminary resolution efforts between the parties directly
643 involved with the dispute;
644 (b) requirements for the filing of a claim, including notification, time frames, and
645 documentation;
646 (c) identification of the types of costs eligible for allocation and a method for allocating
647 costs among the parties to the dispute;
648 (d) a required time period, not to exceed 60 days, for the resolution of the claim;
649 (e) a provision for an independent hearing officer, panel, or arbitrator to extend the
650 time period for resolution of the claim by not to exceed 60 additional days for good cause;
651 (f) a provision for the extension of required time periods if the claimant agrees;
652 (g) requirements that decisions be issued in writing;
653 (h) provisions for an administrative appeal of a decision;
654 (i) provisions for the timely payment of claims after resolution of the dispute, including
655 any appeals;
656 (j) a requirement that the final determination resulting from the dispute resolution
657 process provided for in the rules is a final agency action subject to judicial review as provided
658 in Sections 63G-4-401 and 63G-4-402;
659 (k) a requirement that a claim or dispute that does not include a monetary claim against
660 the division or an agent of the division is not limited to the dispute resolution process provided
661 for in this section;
662 (l) requirements for claims and disputes to be eligible for the dispute resolution process
663 under this section;
664 (m) the use of an independent hearing officer or panel or the use of arbitration or
665 mediation; and
666 (n) the circumstances under which a subcontractor may file a claim directly with the
667 division.
668 (3) A person pursuing a claim under the process established as provided in this section:
669 (a) is bound by the decision reached under this process, subject to any modification of
670 the decision on appeal; and
671 (b) may not pursue a claim, protest, or dispute under the dispute resolution process
672 established in Title 63G, Chapter 6a, Utah Procurement Code.
673 (4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor,
674 subcontractor, or supplier, may be grounds for:
675 (a) the director to suspend or debar the contractor, subcontractor, or supplier; or
676 (b) the contractor, subcontractor, or supplier to be disciplined by the Division of
677 Professional and Occupational Licensing.
678 Section 18. Section 63A-5b-607 is amended to read:
679 63A-5b-607. Health insurance requirements -- Penalties.
680 (1) As used in this section:
681 (a) "Aggregate amount" means the dollar sum of all contracts, change orders, and
682 modifications for a single project.
683 (b) "Change order" means the same as that term is defined in Section 63G-6a-103.
684 (c) "Eligible employee" means an employee, as defined in Section 34A-2-104, who:
685 (i) works at least 30 hours per calendar week; and
686 (ii) meets the employer eligibility waiting period for qualified health insurance
687 coverage provided by the employer.
688 (d) "Health benefit plan" means:
689 (i) the same as that term is defined in Section 31A-1-301; or
690 (ii) an employee welfare benefit plan:
691 (A) established under the Employee Retirement Income Security Act of 1974, 29
692 U.S.C. Sec. 1001 et seq.;
693 (B) for an employer with 100 or more employees; and
694 (C) in which the employer establishes a self-funded or partially self-funded group
695 health plan to provide medical care for the employer's employees and dependents of the
696 employees.
697 (e) "Qualified health insurance coverage" means the same as that term is defined in
698 Section 26-40-115.
699 (f) "Subcontractor" means the same as that term is defined in Section 63A-5b-605.
700 (g) "Third party administrator" or "administrator" means the same as that term is
701 defined in Section 31A-1-301.
702 (2) Except as provided in Subsection (3), the requirements of this section apply to:
703 (a) a contractor of a design or construction contract with the division if the prime
704 contract is in an aggregate amount of $2,000,000 or more; and
705 (b) a subcontractor of a contractor of a design or construction contract with the division
706 if the subcontract is in an aggregate amount of $1,000,000 or more.
707 (3) The requirements of this section do not apply to a contractor or subcontractor if:
708 (a) the application of this section jeopardizes the division's receipt of federal funds;
709 (b) the contract is a sole source contract, as defined in Section 63G-6a-103; or
710 (c) the contract is the result of an emergency procurement.
711 (4) A person who intentionally uses a change order, contract modification, or multiple
712 contracts to circumvent the requirements of this section is guilty of an infraction.
713 (5) (a) A contractor that is subject to the requirements of this section shall:
714 (i) make and maintain an offer of qualified health coverage for the contractor's eligible
715 employees and the eligible employees' dependents; and
716 (ii) submit to the director a written statement demonstrating that the contractor is in
717 compliance with Subsection (5)(a)(i).
718 (b) A statement under Subsection (5)(a)(ii):
719 (i) shall be from:
720 (A) an actuary selected by the contractor or the contractor's insurer;
721 (B) an underwriter who is responsible for developing the employer group's premium
722 rates; or
723 (C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
724 an actuary or underwriter selected by a third party administrator; and
725 (ii) may not be created more than one year before the day on which the contractor
726 submits the statement to the director.
727 (c) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
728 shall provide the actuary or underwriter selected by an administrator, as described in
729 Subsection (5)(b)(i)(C), sufficient information to determine whether the contractor's
730 contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
731 requirements of qualified health coverage.
732 (ii) A contractor may not make a change to the contractor's contribution to the health
733 benefit plan, unless the contractor provides notice to:
734 (A) the actuary or underwriter selected by an administrator, as described in Subsection
735 (5)(b)(i)(C), for the actuary or underwriter to update the written statement described in
736 Subsection (5)(a) in compliance with this section; and
737 (B) the division.
738 (6) (a) A contractor that is subject to the requirements of this section shall:
739 (i) ensure that each contract the contractor enters with a subcontractor that is subject to
740 the requirements of this section requires the subcontractor to obtain and maintain an offer of
741 qualified health coverage for the subcontractor's eligible employees and the eligible employees'
742 dependents during the duration of the subcontract; and
743 (ii) obtain from a subcontractor referred to in Subsection (6)(a)(i) a written statement
744 demonstrating that the subcontractor offers qualified health coverage to eligible employees and
745 eligible employees' dependents.
746 (b) A statement under Subsection (6)(a)(ii):
747 (i) shall be from:
748 (A) an actuary selected by the subcontractor or the subcontractor's insurer;
749 (B) an underwriter who is responsible for developing the employer group's premium
750 rates; or
751 (C) if the subcontractor provides a health benefit plan described in Subsection
752 (1)(d)(ii), an actuary or underwriter selected by an administrator; and
753 (ii) may not be created more than one year before the day on which the contractor
754 obtains the statement from the subcontractor.
755 (7) (a) (i) A contractor that fails to maintain an offer of qualified health coverage
756 during the duration of the contract as required in this section is subject to penalties in
757 accordance with administrative rules [
758 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
759 (ii) A contractor is not subject to penalties for the failure of a subcontractor to obtain
760 and maintain an offer of qualified health coverage as required in this section.
761 (b) (i) A subcontractor that fails to obtain and maintain an offer of qualified health
762 coverage during the duration of the subcontract as required in this section is subject to penalties
763 in accordance with administrative rules [
764 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
765 (ii) A subcontractor is not subject to penalties for the failure of a contractor to maintain
766 an offer of qualified health coverage as required in this section.
767 (8) The division shall [
768 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
769 (b) in coordination with:
770 (i) the Department of Environmental Quality in accordance with Section 19-1-206;
771 (ii) the Department of Natural Resources in accordance with Section 79-2-404;
772 (iii) a public transit district in accordance with Section 17B-2a-818.5;
773 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403;
774 (v) the Department of Transportation in accordance with Section 72-6-107.5; and
775 (vi) the Legislature's Administrative Rules Review Committee; and
776 (c) that establish:
777 (i) the requirements and procedures for a contractor and a subcontractor to demonstrate
778 compliance with this section, including:
779 (A) a provision that a contractor or subcontractor's compliance with this section is
780 subject to an audit by the division or the Office of the Legislative Auditor General;
781 (B) a provision that a contractor that is subject to the requirements of this section
782 obtain a written statement as provided in Subsection (5); and
783 (C) a provision that a subcontractor that is subject to the requirements of this section
784 obtain a written statement as provided in Subsection (6);
785 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
786 violates the provisions of this section, which may include:
787 (A) a three-month suspension of the contractor or subcontractor from entering into a
788 future contract with the state upon the first violation;
789 (B) a six-month suspension of the contractor or subcontractor from entering into a
790 future contract with the state upon the second violation;
791 (C) an action for debarment of the contractor or subcontractor in accordance with
792 Section 63G-6a-904 upon the third or subsequent violation; and
793 (D) monetary penalties which may not exceed 50% of the amount necessary to
794 purchase qualified health coverage for eligible employees and dependents of eligible
795 employees of the contractor or subcontractor who were not offered qualified health coverage
796 during the duration of the contract; and
797 (iii) a website for the department to post the commercially equivalent benchmark for
798 the qualified health coverage that is provided by the Department of Health in accordance with
799 Subsection 26-40-115(2).
800 (9) During the duration of a contract, the division may perform an audit to verify a
801 contractor or subcontractor's compliance with this section.
802 (10) (a) Upon the division's request, a contractor or subcontractor shall provide the
803 division:
804 (i) a signed actuarial certification that the coverage the contractor or subcontractor
805 offers is qualified health coverage; or
806 (ii) all relevant documents and information necessary for the division to determine
807 compliance with this section.
808 (b) If a contractor or subcontractor provides the documents and information described
809 in Subsection (10)(a)(i), the Insurance Department shall assist the division in determining if the
810 coverage the contractor or subcontractor offers is qualified health coverage.
811 (11) (a) (i) In addition to the penalties imposed under Subsection (7), a contractor or
812 subcontractor that intentionally violates the provisions of this section is liable to an eligible
813 employee for health care costs that would have been covered by qualified health coverage.
814 (ii) An employer has an affirmative defense to a cause of action under Subsection
815 (11)(a)(i) if:
816 (A) the employer relied in good faith on a written statement described in Subsection (5)
817 or (6); or
818 (B) the department determines that compliance with this section is not required under
819 the provisions of Subsection (3).
820 (b) An eligible employee has a private right of action against the employee's employer
821 only as provided in this Subsection (11).
822 (12) The director shall cause money collected from the imposition and collection of a
823 penalty under this section to be deposited into the Medicaid Restricted Account created by
824 Section 26-18-402.
825 (13) The failure of a contractor or subcontractor to provide qualified health coverage as
826 required by this section:
827 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
828 or contractor under:
829 (i) Section 63G-6a-1602; or
830 (ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
831 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
832 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
833 or construction.
834 (14) An employer's waiting period for an employee to become eligible for qualified
835 health coverage may not extend beyond the first day of the calendar month following 60 days
836 after the day on which the employee is hired.
837 (15) An administrator, including an administrator's actuary or underwriter, who
838 provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
839 coverage of a contractor or subcontractor who provides a health benefit plan described in
840 Subsection (1)(d)(ii):
841 (a) subject to Subsection (11)(b), is not liable for an error in the written statement,
842 unless the administrator commits gross negligence in preparing the written statement;
843 (b) is not liable for any error in the written statement if the administrator relied in good
844 faith on information from the contractor or subcontractor; and
845 (c) may require as a condition of providing the written statement that a contractor or
846 subcontractor hold the administrator harmless for an action arising under this section.
847 Section 19. Section 63A-5b-903 is amended to read:
848 63A-5b-903. Rules made by the division.
849 The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
850 Rulemaking Act, make rules [
851 (1) establish criteria that a written proposal is required to satisfy in order to be a
852 qualified proposal, including, if applicable, a minimum acceptable purchase price; and
853 (2) define criteria that the director will consider in making a determination whether a
854 proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property
855 provides a material benefit to the state.
856 Section 20. Section 63A-9-401 is amended to read:
857 63A-9-401. Division -- Duties.
858 (1) The division shall:
859 (a) perform all administrative duties and functions related to management of state
860 vehicles;
861 (b) coordinate all purchases of state vehicles;
862 (c) establish one or more fleet automation and information systems for state vehicles;
863 (d) make rules establishing requirements for:
864 (i) maintenance operations for state vehicles;
865 (ii) use requirements for state vehicles;
866 (iii) fleet safety and loss prevention programs;
867 (iv) preventative maintenance programs;
868 (v) procurement of state vehicles, including:
869 (A) vehicle standards;
870 (B) alternative fuel vehicle requirements;
871 (C) short-term lease programs;
872 (D) equipment installation; and
873 (E) warranty recovery programs;
874 (vi) fuel management programs;
875 (vii) cost management programs;
876 (viii) business and personal use practices, including commute standards;
877 (ix) cost recovery and billing procedures;
878 (x) disposal of state vehicles;
879 (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
880 (xii) standard use and rate structures for state vehicles; and
881 (xiii) insurance and risk management requirements;
882 (e) establish a parts inventory;
883 (f) create and administer a fuel dispensing services program that meets the
884 requirements of Subsection (2);
885 (g) emphasize customer service when dealing with agencies and agency employees;
886 (h) conduct an annual audit of all state vehicles for compliance with division
887 requirements;
888 (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
889 subscriber of services other than an executive branch agency:
890 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
891 in Section 63A-1-114; and
892 (ii) obtain the approval of the Legislature as required by Section 63J-1-410 or
893 63J-1-504; and
894 (j) conduct an annual market analysis of proposed rates and fees, which analysis shall
895 include a comparison of the division's rates and fees with the fees of other public or private
896 sector providers where comparable services and rates are reasonably available.
897 (2) The division shall operate a fuel dispensing services program in a manner that:
898 (a) reduces the risk of environmental damage and subsequent liability for leaks
899 involving state-owned underground storage tanks;
900 (b) eliminates fuel site duplication and reduces overall costs associated with fuel
901 dispensing;
902 (c) provides efficient fuel management and efficient and accurate accounting of
903 fuel-related expenses;
904 (d) where practicable, privatizes portions of the state's fuel dispensing system;
905 (e) provides central planning for fuel contingencies;
906 (f) establishes fuel dispensing sites that meet geographical distribution needs and that
907 reflect usage patterns;
908 (g) where practicable, uses alternative sources of energy; and
909 (h) provides safe, accessible fuel supplies in an emergency.
910 (3) The division shall:
911 (a) ensure that the state and each of its agencies comply with state and federal law and
912 state and federal rules and regulations governing underground storage tanks;
913 (b) coordinate the installation of new state-owned underground storage tanks and the
914 upgrading or retrofitting of existing underground storage tanks;
915 (c) by no later than June 30, 2025, ensure that an underground storage tank qualifies for
916 a rebate, provided under Subsection 19-6-410.5(5)(d), of a portion of the environmental
917 assurance fee described in Subsection 19-6-410.5(4), if the underground storage tank is owned
918 by:
919 (i) the state;
920 (ii) a state agency; or
921 (iii) a county, municipality, school district, local district, special service district, or
922 federal agency that has subscribed to the fuel dispensing service provided by the division under
923 Subsection (6)(b);
924 (d) report to the Natural Resources, Agriculture, and Environmental Quality
925 Appropriations Subcommittee by no later than:
926 (i) November 30, 2020, on the status of the requirements of Subsection (3)(c); and
927 (ii) November 30, 2024, on whether:
928 (A) the requirements of Subsection (3)(c) have been met; and
929 (B) additional funding is needed to accomplish the requirements of Subsection (3)(c);
930 and
931 (e) ensure that counties, municipalities, school districts, local districts, and special
932 service districts subscribing to services provided by the division sign a contract that:
933 (i) establishes the duties and responsibilities of the parties;
934 (ii) establishes the cost for the services; and
935 (iii) defines the liability of the parties.
936 (4) In fulfilling the requirements of Subsection (3)(c), the division may give priority to
937 underground storage tanks owned by the state or a state agency under Subsections (3)(c)(i) and
938 (ii).
939 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
940 the director of the Division of Fleet Operations:
941 (i) may make rules governing fuel dispensing; and
942 (ii) shall make rules establishing standards and procedures for purchasing the most
943 economically appropriate size and type of vehicle for the purposes and driving conditions for
944 which the vehicle will be used, including procedures for granting exceptions to the standards
945 by the executive director of the Department of Government Operations.
946 (b) Rules made under Subsection (5)(a)(ii):
947 (i) shall designate a standard vehicle size and type that shall be designated as the
948 statewide standard vehicle for fleet expansion and vehicle replacement;
949 (ii) may designate different standard vehicle size and types based on defined categories
950 of vehicle use;
951 (iii) may, when determining a standard vehicle size and type for a specific category of
952 vehicle use, consider the following factors affecting the vehicle class:
953 (A) size requirements;
954 (B) economic savings;
955 (C) fuel efficiency;
956 (D) driving and use requirements;
957 (E) safety;
958 (F) maintenance requirements;
959 (G) resale value; and
960 (H) the requirements of Section 63A-9-403; and
961 (iv) shall require agencies that request a vehicle size and type that is different from the
962 standard vehicle size and type to:
963 (A) submit a written request for a nonstandard vehicle to the division that contains the
964 following:
965 (I) the make and model of the vehicle requested, including acceptable alternate vehicle
966 makes and models as applicable;
967 (II) the reasons justifying the need for a nonstandard vehicle size or type;
968 (III) the date of the request; and
969 (IV) the name and signature of the person making the request; and
970 (B) obtain the division's written approval for the nonstandard vehicle.
971 (6) (a) (i) Each state agency and each higher education institution shall subscribe to the
972 fuel dispensing services provided by the division.
973 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
974 systems, or products other than those provided by the division.
975 (b) Counties, municipalities, school districts, local districts, special service districts,
976 and federal agencies may subscribe to the fuel dispensing services provided by the division if:
977 (i) the county or municipal legislative body, the school district, or the local district or
978 special service district board recommends that the county, municipality, school district, local
979 district, or special service district subscribe to the fuel dispensing services of the division; and
980 (ii) the division approves participation in the program by that government unit.
981 (7) The director, with the approval of the executive director, may delegate functions to
982 institutions of higher education, by contract or other means authorized by law, if:
983 (a) the agency or institution of higher education has requested the authority;
984 (b) in the judgment of the director, the state agency or institution has the necessary
985 resources and skills to perform the delegated responsibilities; and
986 (c) the delegation of authority is in the best interest of the state and the function
987 delegated is accomplished according to provisions contained in law or rule.
988 Section 21. Section 63A-9-501 is amended to read:
989 63A-9-501. Complaints about misuse or illegal operation of state vehicles --
990 Disposition.
991 (1) The division shall refer complaints from the public about misuse or illegal
992 operation of state vehicles to the agency that is the owner or lessor of the vehicle.
993 (2) Each agency head or [
994 complaints about misuse or illegal operation of state vehicles and shall discipline each
995 employee that is found to have misused or illegally operated a vehicle by following the
996 procedures [
997 Resource Management, in accordance with Title 63G, Chapter 3, Utah Administrative
998 Rulemaking Act, as authorized by Section 63A-17-306.
999 (3) (a) Each agency shall report the findings of each investigation conducted as well as
1000 any action taken as a result of the investigation to the directors of the Divisions of Fleet
1001 Operations and Risk Management.
1002 (b) Misuse or illegal operation of state vehicles may result in suspension or revocation
1003 of state vehicle driving privileges as governed in rule.
1004 Section 22. Section 63A-12-101 is amended to read:
1005 63A-12-101. Division of Archives and Records Service created -- Duties.
1006 (1) There is created the Division of Archives and Records Service within the
1007 department.
1008 (2) The state archives shall:
1009 (a) administer the state's archives and records management programs, including storage
1010 of records, central [
1011 (b) apply fair, efficient, and economical management methods to the collection,
1012 creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
1013 documents;
1014 (c) establish standards, procedures, and techniques for the effective management and
1015 physical care of records;
1016 (d) conduct surveys of office operations and recommend improvements in current
1017 records management practices, including the use of space, equipment, automation, and supplies
1018 used in creating, maintaining, storing, and servicing records;
1019 (e) establish standards for the preparation of schedules providing for the retention of
1020 records of continuing value and for the prompt and orderly disposal of state records no longer
1021 possessing sufficient administrative, historical, legal, or fiscal value to warrant further
1022 retention;
1023 (f) establish, maintain, and operate centralized [
1024 facilities and quality control for the state;
1025 (g) provide staff and support services to the Records Management Committee created
1026 in Section 63A-12-112 and the State Records Committee created in Section 63G-2-501;
1027 (h) develop training programs to assist records officers and other interested officers and
1028 employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
1029 Government Records Access and Management Act;
1030 (i) provide access to public records deposited in the archives;
1031 (j) administer and maintain the Utah Public Notice Website established under Section
1032 63A-16-601;
1033 (k) provide assistance to any governmental entity in administering this chapter and
1034 Title 63G, Chapter 2, Government Records Access and Management Act;
1035 (l) prepare forms for use by all governmental entities for a person requesting access to
1036 a record; and
1037 (m) if the department operates the Division of Archives and Records Service as an
1038 internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate
1039 Committee established in Section 63A-1-114:
1040 (i) the proposed rate [
1041 (ii) other information or analysis requested by the Rate Committee.
1042 (3) The state archives may:
1043 (a) establish a report and directives management program; and
1044 (b) establish a forms management program.
1045 (4) The executive director may direct the state archives to administer other functions or
1046 services consistent with this chapter and Title 63G, Chapter 2, Government Records Access
1047 and Management Act.
1048 Section 23. Section 63A-12-104 is amended to read:
1049 63A-12-104. Rulemaking authority.
1050 (1) The [
1051 archivist, may make rules [
1052 Administrative Rulemaking Act, to implement provisions of this chapter and Title 63G,
1053 Chapter 2, Government Records Access and Management Act, dealing with procedures for the
1054 collection, storage, designation, classification, access, mediation for records access, and
1055 management of records.
1056 (2) A governmental entity that includes divisions, boards, departments, committees,
1057 commissions, or other subparts that fall within the definition of a governmental entity under
1058 this chapter, may, by rule, specify at which level the requirements specified in this chapter shall
1059 be undertaken.
1060 Section 24. Section 63A-16-102 is amended to read:
1061 63A-16-102. Definitions.
1062 As used in this chapter:
1063 (1) "Chief information officer" means the chief information officer appointed under
1064 Section 63A-16-201.
1065 (2) "Data center" means a centralized repository for the storage, management, and
1066 dissemination of data.
1067 (3) "Division" means the Division of Technology Services.
1068 (4) "Enterprise architecture" means:
1069 (a) information technology assets and functions that can be applied across state
1070 government[
1071 (i) mainframes, servers, desktop devices, peripherals, and other computing devices;
1072 (ii) networks;
1073 (iii) enterprise-wide applications;
1074 (iv) maintenance and help desk functions for common hardware and applications;
1075 (v) standards for other computing devices, operating systems, common applications,
1076 and software; and
1077 (vi) master contracts that are available for use by agencies for various systems,
1078 including operating systems, databases, enterprise resource planning and customer relationship
1079 management software, application development services, and enterprise integration; and
1080 (b) support for information technology that can be applied across state government,
1081 including:
1082 (i) technical support;
1083 (ii) master software licenses; and
1084 (iii) hardware and software standards.
1085 (5) (a) "Executive branch agency" means an agency or administrative subunit of state
1086 government.
1087 (b) "Executive branch agency" does not include:
1088 (i) the legislative branch;
1089 (ii) the judicial branch;
1090 (iii) the State Board of Education;
1091 (iv) the Utah Board of Higher Education;
1092 (v) institutions of higher education;
1093 (vi) independent entities as defined in Section 63E-1-102; or
1094 (vii) the following elective constitutional offices of the executive department:
1095 (A) the state auditor;
1096 (B) the state treasurer; and
1097 (C) the attorney general.
1098 (6) "Executive branch strategic plan" means the executive branch strategic plan created
1099 under Section 63A-16-202.
1100 (7) "Individual with a disability" means an individual with a condition that meets the
1101 definition of "disability" in 42 U.S.C. Sec. 12102.
1102 (8) "Information technology" means all computerized and auxiliary automated
1103 information handling, including:
1104 (a) systems design and analysis;
1105 (b) acquisition, storage, and conversion of data;
1106 (c) computer programming;
1107 (d) information storage and retrieval;
1108 (e) voice, video, and data communications;
1109 (f) requisite systems controls;
1110 (g) simulation; and
1111 (h) all related interactions between people and machines.
1112 (9) "State information architecture" means a logically consistent set of principles,
1113 policies, and standards that guide the engineering of state government's information technology
1114 and infrastructure in a way that ensures alignment with state government's business and service
1115 needs.
1116 Section 25. Section 63A-16-104 is amended to read:
1117 63A-16-104. Duties of division.
1118 The division shall:
1119 (1) lead state executive branch agency efforts to establish and reengineer the state's
1120 information technology architecture with the goal of coordinating central and individual agency
1121 information technology in a manner that:
1122 (a) ensures compliance with the executive branch agency strategic plan; and
1123 (b) ensures that cost-effective, efficient information and communication systems and
1124 resources are being used by agencies to:
1125 (i) reduce data, hardware, and software redundancy;
1126 (ii) improve system interoperability and data accessibility between agencies; and
1127 (iii) meet the agency's and user's business and service needs;
1128 (2) coordinate an executive branch strategic plan for all agencies;
1129 (3) develop and implement processes to replicate information technology best practices
1130 and standards throughout the executive branch;
1131 (4) at least once every odd-numbered year:
1132 (a) evaluate the adequacy of the division's and the executive branch agencies' data and
1133 information technology system security standards through an independent third party
1134 assessment; and
1135 (b) communicate the results of the independent third party assessment to the
1136 appropriate executive branch agencies and to the president of the Senate and the speaker of the
1137 House of Representatives;
1138 (5) oversee the expanded use and implementation of project and contract management
1139 principles as they relate to information technology projects within the executive branch;
1140 (6) serve as general contractor between the state's information technology users and
1141 private sector providers of information technology products and services;
1142 (7) work toward building stronger partnering relationships with providers;
1143 (8) develop service level agreements with executive branch departments and agencies
1144 to ensure quality products and services are delivered on schedule and within budget;
1145 (9) develop standards for application development including a standard methodology
1146 and cost-benefit analysis that all agencies shall utilize for application development activities;
1147 (10) determine and implement statewide efforts to standardize data elements;
1148 (11) coordinate with executive branch agencies to provide basic website standards for
1149 agencies that address common design standards and navigation standards, including:
1150 (a) accessibility for individuals with disabilities in accordance with:
1151 (i) the standards of 29 U.S.C. Sec. 794d; and
1152 (ii) Section 63A-16-209;
1153 (b) consistency with standardized government security standards;
1154 (c) designing around user needs with data-driven analysis influencing management and
1155 development decisions, using qualitative and quantitative data to determine user goals, needs,
1156 and behaviors, and continual testing of the website, web-based form, web-based application, or
1157 digital service to ensure that user needs are addressed;
1158 (d) providing users of the website, web-based form, web-based application, or digital
1159 service with the option for a more customized digital experience that allows users to complete
1160 digital transactions in an efficient and accurate manner; and
1161 (e) full functionality and usability on common mobile devices;
1162 (12) consider, when making a purchase for an information system, cloud computing
1163 options, including any security benefits, privacy, data retention risks, and cost savings
1164 associated with cloud computing options;
1165 (13) develop systems and methodologies to review, evaluate, and prioritize existing
1166 information technology projects within the executive branch and report to the governor and the
1167 [
1168 accordance with Section 63A-16-201 on a semiannual basis regarding the status of information
1169 technology projects;
1170 (14) assist the Governor's Office of Planning and Budget with the development of
1171 information technology budgets for agencies; [
1172 (15) ensure that any training or certification required of a public official or public
1173 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1174 22, State Training and Certification Requirements, if the training or certification is required:
1175 (a) under this chapter;
1176 (b) by the department; or
1177 (c) by the division[
1178 (16) provide support to executive branch agencies for the information technology
1179 assets and functions that are unique to the agency and are mission critical functions of the
1180 agency;
1181 (17) provide in-house information technology staff support to executive branch
1182 agencies;
1183 (18) establish a committee composed of agency user groups to coordinate division
1184 services with agency needs;
1185 (19) assist executive branch agencies in complying with the requirements of any rule
1186 made by the chief information officer;
1187 (20) develop and implement an effective enterprise architecture governance model for
1188 the executive branch;
1189 (21) provide oversight of information technology projects that impact statewide
1190 information technology services, assets, or functions of state government to:
1191 (a) control costs;
1192 (b) ensure business value to a project;
1193 (c) maximize resources;
1194 (d) ensure the uniform application of best practices; and
1195 (e) avoid duplication of resources;
1196 (22) develop a method of accountability to agencies for services provided by the
1197 department through service agreements with the agencies;
1198 (23) serve as a project manager for enterprise architecture, including management of
1199 applications, standards, and procurement of enterprise architecture;
1200 (24) coordinate the development and implementation of advanced state
1201 telecommunication systems;
1202 (25) provide services, including technical assistance:
1203 (a) to executive branch agencies and subscribers to the services; and
1204 (b) related to information technology or telecommunications;
1205 (26) establish telecommunication system specifications and standards for use by:
1206 (a) one or more executive branch agencies; or
1207 (b) one or more entities that subscribe to the telecommunication systems in accordance
1208 with Section 63A-16-303;
1209 (27) coordinate state telecommunication planning, in cooperation with:
1210 (a) state telecommunication users;
1211 (b) executive branch agencies; and
1212 (c) other subscribers to the state's telecommunication systems;
1213 (28) cooperate with the federal government, other state entities, counties, and
1214 municipalities in the development, implementation, and maintenance of:
1215 (a) (i) governmental information technology; or
1216 (ii) governmental telecommunication systems; and
1217 (b) (i) as part of a cooperative organization; or
1218 (ii) through means other than a cooperative organization;
1219 (29) establish, operate, manage, and maintain:
1220 (a) one or more state data centers; and
1221 (b) one or more regional computer centers;
1222 (30) design, implement, and manage all state-owned, leased, or rented land, mobile, or
1223 radio telecommunication systems that are used in the delivery of services for state government
1224 or the state's political subdivisions;
1225 (31) in accordance with the executive branch strategic plan, implement minimum
1226 standards to be used by the division for purposes of compatibility of procedures, programming
1227 languages, codes, and media that facilitate the exchange of information within and among
1228 telecommunication systems;
1229 (32) establish standards for the information technology needs of a collection of
1230 executive branch agencies or programs that share common characteristics relative to the types
1231 of stakeholders the agencies or programs serve, including:
1232 (a) project management;
1233 (b) application development; and
1234 (c) procurement;
1235 (33) provide oversight of information technology standards that impact multiple
1236 executive branch agency information technology services, assets, or functions to:
1237 (a) control costs;
1238 (b) ensure business value to a project;
1239 (c) maximize resources;
1240 (d) ensure the uniform application of best practices; and
1241 (e) avoid duplication of resources; and
1242 (34) establish a system of accountability to user agencies through the use of service
1243 agreements.
1244 Section 26. Section 63A-16-105 is amended to read:
1245 63A-16-105. Director -- Authority.
1246 (1) The executive director shall, with the approval of the governor, appoint the
1247 director.
1248 (2) The director:
1249 (a) shall exercise all powers given to, and perform all duties imposed on, the division;
1250 (b) has administrative jurisdiction over the division and each office within the division;
1251 (c) may make changes in division personnel and service functions under the director's
1252 administrative jurisdiction; and
1253 (d) may authorize a designee to perform appropriate responsibilities.
1254 (3) The director may, to facilitate division management, establish offices and bureaus
1255 to perform division functions.
1256 (4) (a) The director may hire employees in the division and offices of the division as
1257 permitted by division resources.
1258 (b) Except as provided in Subsection (5), each employee of the division is exempt from
1259 career service or classified service status as provided in Section 63A-17-301.
1260 (5) (a) [
1261 in Section 63A-17-301, an employee of an executive branch agency who was a career service
1262 employee as of July 1, 2005, who was transferred to the division at the time it was newly
1263 created as the Department of Technology Services continues in the employee's career service
1264 status during the employee's service to the division if the duties of the position in the division
1265 are substantially similar to those in the employee's previous position.
1266 (b) A career service employee transferred under the provisions of Subsection (5)(a),
1267 whose duties or responsibilities subsequently change, may not be converted to exempt status
1268 without the review process required by Subsection 63A-17-301(3).
1269 Section 27. Section 63A-16-201 is amended to read:
1270 63A-16-201. Chief information officer -- Appointment -- Powers -- Reporting.
1271 (1) The director of the division shall serve as the state's chief information officer.
1272 (2) The chief information officer shall:
1273 (a) advise the governor on information technology policy; and
1274 (b) perform those duties given the chief information officer by statute.
1275 (3) (a) The chief information officer shall report annually to:
1276 (i) the governor; and
1277 (ii) the [
1278 Committee.
1279 (b) The report required under Subsection (3)(a) shall:
1280 (i) summarize the state's current and projected use of information technology;
1281 (ii) summarize the executive branch strategic plan including a description of major
1282 changes in the executive branch strategic plan;
1283 (iii) provide a brief description of each state agency's information technology plan;
1284 (iv) include the status of information technology projects described in Subsection
1285 63A-16-104(11);
1286 (v) include the performance report described in Section 63A-16-211; and
1287 (vi) include the expenditure of the funds provided for electronic technology,
1288 equipment, and hardware.
1289 Section 28. Section 63A-16-202 is amended to read:
1290 63A-16-202. Executive branch information technology strategic plan.
1291 (1) In accordance with this section, the chief information officer shall prepare an
1292 executive branch information technology strategic plan:
1293 (a) that complies with this chapter; and
1294 (b) that includes:
1295 (i) a strategic plan for the:
1296 (A) interchange of information related to information technology between executive
1297 branch agencies;
1298 (B) coordination between executive branch agencies in the development and
1299 maintenance of information technology and information systems, including the coordination of
1300 agency information technology plans described in Section 63A-16-203; and
1301 (C) protection of the privacy of individuals who use state information technology or
1302 information systems, including the implementation of industry best practices for data and
1303 system security;
1304 (ii) priorities for the development and implementation of information technology or
1305 information systems including priorities determined on the basis of:
1306 (A) the importance of the information technology or information system; and
1307 (B) the time sequencing of the information technology or information system; and
1308 (iii) maximizing the use of existing state information technology resources.
1309 (2) In the development of the executive branch strategic plan, the chief information
1310 officer shall consult with all cabinet level officials.
1311 (3) (a) Unless withdrawn by the chief information officer or the governor in accordance
1312 with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
1313 which the executive branch strategic plan is submitted to:
1314 (i) the governor; and
1315 (ii) the [
1316 Committee.
1317 (b) The chief information officer or the governor may withdraw the executive branch
1318 strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
1319 determines that the executive branch strategic plan:
1320 (i) should be modified; or
1321 (ii) for any other reason should not take effect.
1322 (c) The [
1323 Committee may make recommendations to the governor and to the chief information officer if
1324 the commission determines that the executive branch strategic plan should be modified or for
1325 any other reason should not take effect.
1326 (d) Modifications adopted by the chief information officer shall be resubmitted to the
1327 governor and the [
1328 Committee for their review or approval as provided in Subsections (3)(a) and (b).
1329 (4) (a) The chief information officer shall annually, on or before January 1, modify the
1330 executive branch information technology strategic plan to incorporate security standards that:
1331 (i) are identified as industry best practices in accordance with Subsections
1332 63A-16-104(3) and (4); and
1333 (ii) can be implemented within the budget of the department or the executive branch
1334 agencies.
1335 (b) The chief information officer shall inform the speaker of the House of
1336 Representatives and the president of the Senate on or before January 1 of each year if best
1337 practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered
1338 under Subsection (4)(a)(ii).
1339 (5) Each executive branch agency shall implement the executive branch strategic plan
1340 by adopting an agency information technology plan in accordance with Section 63A-16-203.
1341 Section 29. Section 63A-16-203 is amended to read:
1342 63A-16-203. Agency information technology plans.
1343 (1) (a) On or before July 1 each year, each executive branch agency shall submit an
1344 agency information technology plan to the chief information officer at the department level,
1345 unless the governor or the chief information officer request an information technology plan be
1346 submitted by a subunit of a department, or by an executive branch agency other than a
1347 department.
1348 (b) The information technology plans required by this section shall be in the form and
1349 level of detail required by the chief information officer, by administrative rule [
1350
1351 (i) the information technology objectives of the agency;
1352 (ii) any performance measures used by the agency for implementing the agency's
1353 information technology objectives;
1354 (iii) any planned expenditures related to information technology;
1355 (iv) the agency's need for appropriations for information technology;
1356 (v) how the agency's development of information technology coordinates with other
1357 state and local governmental entities;
1358 (vi) any efforts the agency has taken to develop public and private partnerships to
1359 accomplish the information technology objectives of the agency;
1360 (vii) the efforts the executive branch agency has taken to conduct transactions
1361 electronically in compliance with Section 46-4-503; and
1362 (viii) the executive branch agency's plan for the timing and method of verifying the
1363 department's security standards, if an agency intends to verify the department's security
1364 standards for the data that the agency maintains or transmits through the department's servers.
1365 (2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
1366 described in Subsection (1) shall comply with the executive branch strategic plan established in
1367 accordance with Section 63A-16-202.
1368 (b) If the executive branch agency submitting the agency information technology plan
1369 justifies the need to depart from the executive branch strategic plan, an agency information
1370 technology plan may depart from the executive branch strategic plan to the extent approved by
1371 the chief information officer.
1372 (3) The chief information officer shall review each agency plan to determine:
1373 (a) (i) whether the agency plan complies with the executive branch strategic plan and
1374 state information architecture; or
1375 (ii) to the extent that the agency plan does not comply with the executive branch
1376 strategic plan or state information architecture, whether the executive branch entity is justified
1377 in departing from the executive branch strategic plan, or state information architecture; and
1378 (b) whether the agency plan meets the information technology and other needs of:
1379 (i) the executive branch agency submitting the plan; and
1380 (ii) the state.
1381 (4) After the chief information officer conducts the review described in Subsection (3)
1382 of an agency information technology plan, the chief information officer may:
1383 (a) approve the agency information technology plan;
1384 (b) disapprove the agency information technology plan; or
1385 (c) recommend modifications to the agency information technology plan.
1386 (5) An executive branch agency or the department may not submit a request for
1387 appropriation related to information technology or an information technology system to the
1388 governor in accordance with Section 63J-1-201 until after the executive branch agency's
1389 information technology plan is approved by the chief information officer.
1390 Section 30. Section 63A-16-205 is amended to read:
1391 63A-16-205. Rulemaking -- Policies.
1392 (1) (a) Except as provided in Subsection (2), the chief information officer shall, by rule
1393 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1394 (i) provide standards that impose requirements on executive branch agencies that:
1395 (A) are related to the security of the statewide area network; and
1396 (B) establish standards for when an agency must obtain approval before obtaining
1397 items listed in Subsection 63A-16-204(1);
1398 (ii) specify the detail and format required in an agency information technology plan
1399 submitted in accordance with Section 63A-16-203;
1400 (iii) provide for standards related to the privacy policies of websites operated by or on
1401 behalf of an executive branch agency;
1402 (iv) provide for the acquisition, licensing, and sale of computer software;
1403 (v) specify the requirements for the project plan and business case analysis required by
1404 Section 63A-16-204;
1405 (vi) provide for project oversight of agency technology projects when required by
1406 Section 63A-16-204;
1407 (vii) establish, in accordance with Subsection 63A-16-204(2), the implementation of
1408 the needs assessment for information technology purchases;
1409 (viii) establish telecommunications standards and specifications in accordance with
1410 [
1411 (ix) establish standards for accessibility of information technology by individuals with
1412 disabilities in accordance with Section 63A-16-209.
1413 (b) The rulemaking authority granted by this Subsection (1) is in addition to any other
1414 rulemaking authority granted under this chapter.
1415 (2) (a) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1416 and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
1417 procedures to be followed by the chief information officer in facilitating the implementation of
1418 this title by executive branch agencies if the policy:
1419 (i) is consistent with the executive branch strategic plan; and
1420 (ii) is not required to be made by rule under Subsection (1) or Section 63G-3-201.
1421 (b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
1422 not take effect until 30 days after the day on which the chief information officer submits the
1423 policy to:
1424 (A) the governor; and
1425 (B) all cabinet level officials.
1426 (ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
1427 may review and comment on a policy submitted under Subsection (2)(b)(i).
1428 (3) (a) Notwithstanding Subsection (1) or (2) or Title 63G, Chapter 3, Utah
1429 Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
1430 chief information officer may adopt a security procedure to be followed by executive branch
1431 agencies to protect the statewide area network if:
1432 (i) broad communication of the security procedure would create a significant potential
1433 for increasing the vulnerability of the statewide area network to breach or attack; and
1434 (ii) after consultation with the chief information officer, the governor agrees that broad
1435 communication of the security procedure would create a significant potential increase in the
1436 vulnerability of the statewide area network to breach or attack.
1437 (b) A security procedure described in Subsection (3)(a) is classified as a protected
1438 record under Title 63G, Chapter 2, Government Records Access and Management Act.
1439 (c) The chief information officer shall provide a copy of the security procedure as a
1440 protected record to:
1441 (i) the chief justice of the Utah Supreme Court for the judicial branch;
1442 (ii) the speaker of the House of Representatives and the president of the Senate for the
1443 legislative branch;
1444 (iii) the chair of the Utah Board of Higher Education; and
1445 (iv) the chair of the State Board of Education.
1446 Section 31. Section 63A-16-208 is amended to read:
1447 63A-16-208. Delegation of division staff to executive branch agencies --
1448 Prohibition against executive branch agency information technology staff.
1449 (1) (a) The chief information officer shall assign division staff to serve an agency
1450 in-house if the chief information officer and the executive branch agency director jointly
1451 determine it is appropriate to provide information technology services to:
1452 (i) the agency's unique mission-critical functions and applications;
1453 (ii) the agency's participation in and use of statewide enterprise architecture; and
1454 (iii) the agency's use of coordinated technology services with other agencies that share
1455 similar characteristics with the agency.
1456 (b) (i) An agency may request the chief information officer to assign in-house staff
1457 support from the division.
1458 (ii) The chief information officer shall respond to the agency's request for in-house
1459 staff support in accordance with Subsection (1)(a).
1460 (c) The division shall enter into service agreements with an agency when division staff
1461 is assigned in-house to the agency under the provisions of this section.
1462 (d) An agency that receives in-house staff support assigned from the division under the
1463 provision of this section is responsible for paying the rates charged by the division for that staff
1464 as established under Section 63A-16-301.
1465 (2) (a) An executive branch agency may not create a full-time equivalent position or
1466 part-time position, or request an appropriation to fund a full-time equivalent position or
1467 part-time position under the provisions of Section 63J-1-201 for the purpose of providing
1468 information technology services to the agency unless:
1469 (i) the chief information officer has approved a delegation under Section 63A-16-207;
1470 and
1471 (ii) the division conducts an audit [
1472 63A-16-102 and finds that the delegation of information technology services to the agency
1473 meets the requirements of Section 63A-16-207.
1474 (b) The prohibition against a request for appropriation under Subsection (2)(a) does not
1475 apply to a request for appropriation needed to pay rates imposed under Subsection (1)(d).
1476 Section 32. Section 63A-16-211 is amended to read:
1477 63A-16-211. Report to the Legislature.
1478 The division shall, in accordance with Section 63F-16-201, before November 1 each
1479 year, report to the [
1480 Committee on:
1481 (1) performance measures that the division uses to assess the division's effectiveness in
1482 performing the division's duties under this part; and
1483 (2) the division's performance, evaluated in accordance with the performance measures
1484 described in Subsection (1).
1485 Section 33. Section 63A-16-301 is amended to read:
1486 63A-16-301. Cost based services -- Rates -- Submission to rate committee.
1487 (1) The chief information officer shall:
1488 (a) at the lowest practical cost, manage the delivery of efficient and cost-effective
1489 information technology and telecommunication services for:
1490 (i) all executive branch agencies; and
1491 (ii) entities that subscribe to the services in accordance with Section 63A-16-303; and
1492 (b) provide priority service to public safety agencies.
1493 (2) (a) In accordance with this Subsection (2), the chief information officer shall
1494 prescribe a schedule of [
1495 (i) an executive branch entity; or
1496 (ii) an entity that subscribes to services rendered by the division in accordance with
1497 Section 63A-16-303.
1498 (b) Each [
1499 (2)(a):
1500 (i) shall be equitable;
1501 (ii) should be based upon a zero based, full cost accounting of activities necessary to
1502 provide each service for which a [
1503 (iii) for each service multiplied by the projected consumption of the service recovers
1504 no more or less than the full cost of each service.
1505 (c) Before charging a [
1506 subscriber of services other than an executive branch agency, the chief information officer
1507 shall:
1508 (i) submit the proposed rates[
1509 established in Section 63A-1-114; and
1510 (ii) obtain the approval of the Legislature as required by Section 63J-1-410.
1511 (d) The chief information officer shall periodically conduct a market analysis of
1512 proposed rates [
1513 the [
1514 are reasonably available.
1515 Section 34. Section 63A-16-501 is amended to read:
1516 63A-16-501. Definitions.
1517 As used in this part:
1518 (1) "Center" means the Utah Geospatial Resource Center created in Section
1519 63A-16-505.
1520 (2) "Database" means the State Geographic Information Database created in Section
1521 63A-16-506.
1522 (3) "Geographic Information System" or "GIS" means a computer driven data
1523 integration and map production system that interrelates disparate layers of data to specific
1524 geographic locations.
1525 [
1526
1527 [
1528 Section 63A-16-506.
1529 [
1530 network created in Section 63A-16-508.
1531 Section 35. Section 63A-16-504 is amended to read:
1532 63A-16-504. Information technology plan.
1533 (1) In accordance with this section, the [
1534 technology plan to the chief information officer.
1535 (2) The information technology plan submitted by the [
1536 section shall include:
1537 (a) the information required by Section 63A-16-202;
1538 (b) a list of the services the [
1539 (c) a description of the performance measures used by the [
1540 the quality of the services described in Subsection (2)(b).
1541 (3) (a) In submitting the information technology plan under this section, the [
1542 division shall comply with Section 63A-16-203.
1543 (b) The information technology plan submitted by the [
1544 section is subject to the approval of the chief information officer as provided in Section
1545 63A-16-203.
1546 Section 36. Section 63A-16-505 is amended to read:
1547 63A-16-505. Utah Geospatial Resource Center.
1548 (1) There is created the Utah Geospatial Resource Center as part of the [
1549 division.
1550 (2) The center shall:
1551 (a) provide geographic information system services to state agencies under rules
1552 [
1553 policies established by the office;
1554 (b) provide geographic information system services to federal government, local
1555 political subdivisions, and private persons under rules and policies established by the office;
1556 (c) manage the State Geographic Information Database; and
1557 (d) establish standard format, lineage, and other requirements for the database.
1558 (3) (a) There is created a position of surveyor within the center.
1559 (b) The surveyor under this Subsection (3) shall:
1560 (i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
1561 Engineers and Professional Land Surveyors Licensing Act;
1562 (ii) provide technical support to the office of lieutenant governor in the lieutenant
1563 governor's evaluation under Section 67-1a-6.5 of a proposed boundary action, as defined in
1564 Section 17-23-20;
1565 (iii) as requested by a county surveyor, provide technical assistance to the county
1566 surveyor with respect to the county surveyor's responsibilities under Section 17-23-20;
1567 (iv) fulfill the duties described in Section 17-50-105, if engaged to do so as provided in
1568 that section;
1569 (v) assist the State Tax Commission in processing and quality assurance of boundary
1570 descriptions or maps into digital format for inclusion in the State Geographic Information
1571 Database;
1572 (vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
1573 the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
1574 address, owner type, and county recorder contact information; and
1575 (vii) facilitate and integrate the collection efforts of local government and federal
1576 agencies for data collection to densify and enhance the statewide Public Land Survey System
1577 reference network in the State Geographic Information Database.
1578 (4) The office may:
1579 (a) make rules and establish policies to govern the center and the center's operations;
1580 and
1581 (b) set fees for the services provided by the center.
1582 (5) The state may not sell information obtained from counties under Subsection
1583 (3)(b)(v).
1584 Section 37. Section 63A-16-701 is amended to read:
1585 63A-16-701. Data Security Management Council -- Membership -- Duties.
1586 (1) There is created the Data Security Management Council comprising eight members
1587 as follows:
1588 (a) the chief information officer appointed under Section 63A-16-201, or the chief
1589 information officer's designee;
1590 (b) one individual appointed by the governor;
1591 (c) one individual appointed by the speaker of the House of Representatives and the
1592 president of the Senate; and
1593 (d) the highest ranking information technology official, or the highest ranking
1594 information technology official's designee, from each of:
1595 (i) the Judicial Council;
1596 (ii) the Utah Board of Higher Education;
1597 (iii) the State Board of Education;
1598 (iv) the State Tax Commission; and
1599 (v) the Office of the Attorney General.
1600 (2) The council shall elect a chair of the council by majority vote.
1601 (3) (a) A majority of the members of the council constitutes a quorum.
1602 (b) Action by a majority of a quorum of the council constitutes an action of the council.
1603 (4) The Division of Technology Services shall provide staff to the council.
1604 (5) The council shall meet quarterly, or as often as necessary, to:
1605 (a) review existing state government data security policies;
1606 (b) assess ongoing risks to state government information technology;
1607 (c) create a method to notify state and local government entities of new risks;
1608 (d) coordinate data breach simulation exercises with state and local government
1609 entities; and
1610 (e) develop data security best practice recommendations for state government that
1611 include recommendations regarding:
1612 (i) hiring and training a chief information security officer for each government entity;
1613 (ii) continuous risk monitoring;
1614 (iii) password management;
1615 (iv) using the latest technology to identify and respond to vulnerabilities;
1616 (v) protecting data in new and old systems; and
1617 (vi) best procurement practices.
1618 (6) A member who is not a member of the Legislature may not receive compensation
1619 or benefits for the member's service but may receive per diem and travel expenses as provided
1620 in:
1621 (a) Section 63A-3-106;
1622 (b) Section 63A-3-107; and
1623 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1624 (7) The Data Security Management Council may, in accordance with Section
1625 52-4-204, close to the public a meeting to discuss an item described in Subsection (5) if public
1626 discussion of the item would result in disclosure of information that would reasonably be
1627 expected to jeopardize the data security of a state or local government entity.
1628 Section 38. Section 63A-16-702 is amended to read:
1629 63A-16-702. Data Security Management Council -- Report to Legislature --
1630 Recommendations.
1631 (1) The council chair or the council chair's designee shall report annually no later than
1632 October 1 of each year to the [
1633 Operations Interim Committee.
1634 (2) The council's annual report shall contain:
1635 (a) a summary of topics the council studied during the year;
1636 (b) best practice recommendations for state government; and
1637 (c) recommendations for implementing the council's best practice recommendations.
1638 Section 39. Section 63A-16-804 is amended to read:
1639 63A-16-804. Report.
1640 (1) The division shall report to the [
1641 Government Operations Interim Committee before November 30 of each year regarding:
1642 (a) the progress the division has made in developing the single sign-on business portal
1643 and the single sign-on citizen portal and, once that development is complete, regarding the
1644 operation of the single sign-on business portal and the single sign-on citizen portal;
1645 (b) the division's goals and plan for each of the next five years to fulfill the division's
1646 responsibilities described in this part; and
1647 (c) whether the division recommends any change to the single sign-on fee being
1648 charged under Section 13-1-2.
1649 (2) The [
1650 Committee shall annually:
1651 (a) review the single sign-on fee being charged under Section 13-1-2;
1652 (b) determine whether the revenue from the single sign-on fee is adequate for designing
1653 and developing and then, once developed, operating and maintaining the single sign-on web
1654 portal; and
1655 (c) make any recommendation to the Legislature that the committee considers
1656 appropriate concerning:
1657 (i) the single sign-on fee; and
1658 (ii) the development or operation of the single sign-on business portal and the single
1659 sign-on citizen portal.
1660 Section 40. Section 63A-16-903 is amended to read:
1661 63A-16-903. Chief information officer review and approval of technology
1662 proposals.
1663 (1) The chief information officer shall review and evaluate each technology proposal
1664 that the review board transmits to the chief information officer.
1665 (2) The chief information officer may approve and recommend that the division
1666 provide funding from legislative appropriations for a technology proposal if, after the chief
1667 information officer's review and evaluation of the technology proposal:
1668 (a) the chief information officer determines that there is a reasonably good likelihood
1669 that the technology proposal:
1670 (i) is capable of being implemented effectively; and
1671 (ii) will result in greater efficiency in a government process or a cost saving in the
1672 delivery of a government service, or both; and
1673 (b) the chief information officer receives approval from the governor's budget office
1674 for the technology proposal.
1675 (3) The chief information officer may:
1676 (a) prioritize multiple approved technology proposals based on their relative likelihood
1677 of achieving the goals described in Subsection (2); and
1678 (b) recommend funding based on the chief information officer's prioritization under
1679 Subsection (3)(a).
1680 (4) The division shall:
1681 (a) track the implementation and success of a technology proposal approved by the
1682 chief information officer;
1683 (b) evaluate the level of the technology proposal's implementation effectiveness and
1684 whether the implementation results in greater efficiency in a government process or a cost
1685 saving in the delivery of a government service, or both; and
1686 (c) report the results of the division's tracking and evaluation:
1687 (i) to the chief information officer, as frequently as the chief information officer
1688 requests; and
1689 (ii) at least annually to the [
1690 Operations Interim Committee.
1691 (5) The division may expend money appropriated by the Legislature to pay for
1692 expenses incurred by executive branch agencies in implementing a technology proposal that the
1693 chief information officer has approved.
1694 Section 41. Section 63A-17-106 is amended to read:
1695 63A-17-106. Responsibilities of the director.
1696 (1) The director shall have full responsibility and accountability for the administration
1697 of the statewide human resource management system.
1698 (2) Except as provided in Section 63A-17-201, an agency may not perform human
1699 resource functions without the consent of the director.
1700 (3) Statewide human resource management rules [
1701 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take
1702 precedence if there is a conflict with agency rules, policies, or practices.
1703 (4) The division may operate as an internal service fund agency in accordance with
1704 Section 63J-1-410 for the human resource functions the division provides.
1705 (5) The director shall:
1706 (a) develop, implement, and administer a statewide program of human resource
1707 management that will:
1708 (i) aid in the efficient execution of public policy;
1709 (ii) foster careers in public service for qualified employees; and
1710 (iii) render assistance to state agencies in performing their missions;
1711 (b) design and administer the state pay plan;
1712 (c) design and administer the state classification system and procedures for determining
1713 schedule assignments;
1714 (d) design and administer the state recruitment and selection system;
1715 (e) administer agency human resource practices and ensure compliance with federal
1716 law, state law, and state human resource rules, including equal employment opportunity;
1717 (f) consult with agencies on decisions concerning employee corrective action and
1718 discipline;
1719 (g) maintain central personnel records;
1720 (h) perform those functions necessary to implement this chapter unless otherwise
1721 assigned or prohibited;
1722 (i) perform duties assigned by the governor, executive director, or statute;
1723 (j) adopt rules for human resource management according to the procedures of Title
1724 63G, Chapter 3, Utah Administrative Rulemaking Act;
1725 (k) establish and maintain a management information system that will furnish the
1726 governor, the Legislature, and agencies with current information on authorized positions,
1727 payroll, and related matters concerning state human resources;
1728 (l) conduct research and planning activities to:
1729 (i) determine and prepare for future state human resource needs;
1730 (ii) develop methods for improving public human resource management; and
1731 (iii) propose needed policy changes to the governor;
1732 (m) study the character, causes, and extent of discrimination in state employment and
1733 develop plans for its elimination through programs consistent with federal and state laws
1734 governing equal employment opportunity in employment;
1735 (n) when requested by charter schools or counties, municipalities, and other political
1736 subdivisions of the state, provide technical service, training recommendations, or advice on
1737 human resource management at a charge determined by the director;
1738 (o) establish compensation policies and procedures for early voluntary retirement;
1739 (p) confer with the heads of other agencies about human resource policies and
1740 procedures;
1741 (q) submit an annual report to the executive director, the governor, and the Legislature;
1742 and
1743 (r) assist with the development of a vacant position report required under Subsection
1744 63J-1-201(2)(b)(vi).
1745 (6) (a) After consultation with the executive director, the governor, and the heads of
1746 other agencies, the director shall establish and coordinate statewide training programs,
1747 including and subject to available funding, the development of manager and supervisor
1748 training.
1749 (b) The programs developed under this Subsection (6) shall have application to more
1750 than one agency.
1751 (c) The division may not establish training programs that train employees to perform
1752 highly specialized or technical jobs and tasks.
1753 (d) The division shall ensure that any training program described in this Subsection (6)
1754 complies with Title 63G, Chapter 22, State Training and Certification Requirements.
1755 (7) (a) (i) The division may collect fees for training as authorized by this Subsection
1756 (7).
1757 (ii) Training funded from General Fund appropriations shall be treated as a separate
1758 program within the department budget.
1759 (iii) All money received from fees under this section will be accounted for by the
1760 department as a separate user driven training program.
1761 (iv) The user training program includes the costs of developing, procuring, and
1762 presenting training and development programs, and other associated costs for these programs.
1763 (b) (i) Funds remaining at the end of the fiscal year in the user training program are
1764 nonlapsing.
1765 (ii) Each year, as part of the appropriations process, the Legislature shall review the
1766 amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
1767 the department to lapse a portion of the funds.
1768 Section 42. Section 63A-17-107 is amended to read:
1769 63A-17-107. Services and fees -- Submission to rate committee.
1770 The director shall, before charging a [
1771 internal service fund to an executive branch agency:
1772 (1) submit the proposed rates[
1773 established in Section 63A-1-114; and
1774 (2) obtain the approval of the Legislature as required under Section 63J-1-410.
1775 Section 43. Section 63A-17-110 is amended to read:
1776 63A-17-110. State pay plans for DNR peace officers and wildland firefighters.
1777 (1) As used in this section:
1778 (a) "DNR peace officer" means an employee of the Department of Natural Resources
1779 who is designated as a peace officer by law.
1780 (b) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
1781 State Lands who is:
1782 (i) trained in firefighter techniques; and
1783 (ii) assigned to a position of hazardous duty.
1784 (2) The director shall:
1785 (a) establish a specialized state pay plan for DNR peace officers and wildland
1786 firefighters that:
1787 (i) meets the requirements of Section 63A-17-307;
1788 (ii) distinguishes the salary range for each DNR peace officer and wildland firefighter
1789 classification;
1790 (iii) includes for each DNR peace officer and wildland firefighter classification:
1791 (A) the minimum qualifications; and
1792 (B) any training requirements; and
1793 (iv) provides standards for:
1794 (A) performance evaluation; and
1795 (B) promotion; and
1796 (b) include, in the plan described in Subsection [
1797 recommendations on funding and salary increases for DNR peace officers and wildland
1798 firefighters.
1799 Section 44. Section 63A-17-202 is amended to read:
1800 63A-17-202. Use of facilities -- Field office facilities cost allocation.
1801 (1) An agency or a political subdivision of the state shall allow the division to use
1802 public buildings under the agency's [
1803 light, and furniture, for any examination, training, hearing, or investigation authorized by this
1804 chapter.
1805 (2) An agency or political subdivision that allows the division to use a public building
1806 under Subsection (1) shall pay the cost of the division's use of the public building.
1807 Section 45. Section 63A-17-304 is amended to read:
1808 63A-17-304. Promotion -- Reclassification -- Market adjustment.
1809 (1) (a) If an employee is promoted or the employee's position is reclassified to a higher
1810 salary range maximum, the agency shall place the employee within the new range of the
1811 position.
1812 (b) An agency may not set an employee's salary:
1813 (i) higher than the maximum in the new salary range; [
1814 (ii) lower than the minimum in the new salary range of the position.
1815 (c) Except for an employee described in Subsection 63A-17-301(1)(q), the agency shall
1816 grant a salary increase of at least 5% to an employee who is promoted.
1817 (2) An agency shall adjust the salary range for an employee whose salary range is
1818 approved by the Legislature for a market comparability adjustment consistent with Subsection
1819 63A-17-307(5)(b)(i):
1820 (a) at the beginning of the next fiscal year; and
1821 (b) consistent with appropriations made by the Legislature.
1822 (3) Division-initiated revisions in the state classification system that result in
1823 consolidation or reduction of class titles or broadening of pay ranges:
1824 (a) may not be regarded as a reclassification of the position or promotion of the
1825 employee; and
1826 (b) are exempt from the provisions of Subsection (1).
1827 Section 46. Section 63A-17-306 is amended to read:
1828 63A-17-306. Dismissals and demotions -- Grounds -- Disciplinary action --
1829 Procedure -- Reductions in force.
1830 (1) A career service employee may be dismissed or demoted:
1831 (a) to advance the good of the public service; or
1832 (b) for just causes, including inefficiency, incompetency, failure to maintain skills or
1833 adequate performance levels, insubordination, disloyalty to the orders of a superior,
1834 misfeasance, malfeasance, or nonfeasance in office.
1835 (2) An employee may not be dismissed because of race, sex, age, disability, national
1836 origin, religion, political affiliation, or other nonmerit factor including the exercise of rights
1837 under this chapter.
1838 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1839 director shall [
1840 disciplinary dismissals and demotions.
1841 (4) If an agency head finds that a career service employee is charged with aggravated
1842 misconduct or that retention of a career service employee would endanger the peace and safety
1843 of others or pose a grave threat to the public interest, the employee may be suspended pending
1844 the administrative appeal to the department head as provided in Subsection (5).
1845 (5) (a) A career service employee may not be demoted or dismissed unless the
1846 department head or designated representative has complied with this subsection.
1847 (b) The department head or designated representative notifies the employee in writing
1848 of the reasons for the dismissal or demotion.
1849 (c) The employee has no less than five working days to reply and have the reply
1850 considered by the department head.
1851 (d) The employee has an opportunity to be heard by the department head or designated
1852 representative.
1853 (e) Following the hearing, the employee may be dismissed or demoted if the
1854 department head finds adequate cause or reason.
1855 (6) (a) Reductions in force required by inadequate funds, change of workload, or lack
1856 of work are governed by retention points established by the director.
1857 (b) Under those circumstances:
1858 (i) The agency head shall designate the category of work to be eliminated, subject to
1859 review by the director.
1860 (ii) Temporary and probationary employees shall be separated before any career service
1861 employee.
1862 (iii) (A) When more than one career service employee is affected, the employees shall
1863 be separated in the order of their retention points, the employee with the lowest points to be
1864 discharged first.
1865 (B) Retention points for each career service employee shall be computed according to
1866 rules established by the director, allowing appropriate consideration for proficiency and
1867 seniority in state government, including any active duty military service fulfilled subsequent to
1868 original state appointment.
1869 (c) (i) A career service employee who is separated in a reduction in force under this
1870 section shall be given preferential consideration when applying for a career service position.
1871 (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
1872 career service employee accepts a career service position.
1873 (iii) The director shall make rules in accordance with Title 63G, Chapter 3, Utah
1874 Administrative Rulemaking Act, concerning the manner of granting preferential consideration
1875 under Subsection (6)(c)(i).
1876 (d) (i) An employee separated due to a reduction in force may appeal to the department
1877 head for an administrative review.
1878 (ii) The notice of appeal must be submitted within 20 working days after the
1879 employee's receipt of written notification of separation.
1880 (iii) The employee may appeal the decision of the department head according to the
1881 grievance and appeals procedure of this chapter and Title 67, Chapter 19a, Grievance
1882 Procedures.
1883 Section 47. Section 63A-17-307 is amended to read:
1884 63A-17-307. State pay plans -- Applicability of section -- Exemptions -- Duties of
1885 director.
1886 (1) (a) This section, and the rules [
1887 this section, apply to each career and noncareer employee not specifically exempted under
1888 Subsection (2).
1889 (b) If not exempted under Subsection (2), an employee is considered to be in classified
1890 service.
1891 (2) The following employees are exempt from this section:
1892 (a) members of the Legislature and legislative employees;
1893 (b) members of the judiciary and judicial employees;
1894 (c) elected members of the executive branch and employees designated as schedule AC
1895 as provided under Subsection 63A-17-301(1)(c);
1896 (d) employees of the State Board of Education;
1897 (e) officers, faculty, and other employees of state institutions of higher education;
1898 (f) employees in a position that is specified by statute to be exempt from this
1899 Subsection (2);
1900 (g) employees in the Office of the Attorney General;
1901 (h) department heads and other persons appointed by the governor under statute;
1902 (i) schedule AS employees as provided under Subsection 63A-17-301(1)(m);
1903 (j) department deputy directors, division directors, and other employees designated as
1904 schedule AD as provided under Subsection 63A-17-301(1)(d);
1905 (k) employees that determine and execute policy designated as schedule AR as
1906 provided under Subsection 63A-17-301(1)(l);
1907 (l) teaching staff, educational interpreters, and educators designated as schedule AH as
1908 provided under Subsection 63A-17-301(1)(g);
1909 (m) temporary employees described in Subsection 63A-17-301(1)(q);
1910 (n) patients and inmates designated as schedule AU as provided under Subsection
1911 63A-17-301(1)(o) who are employed by state institutions; and
1912 (o) members of state and local boards and councils and other employees designated as
1913 schedule AQ as provided under Subsection 63A-17-301(1)(k).
1914 (3) (a) The director shall prepare, maintain, and revise a position classification plan for
1915 each employee position not exempted under Subsection (2) to provide equal pay for equal
1916 work.
1917 (b) Classification of positions shall be based upon similarity of duties performed and
1918 responsibilities assumed, so that the same job requirements and the same salary range may be
1919 applied equitably to each position in the same class.
1920 (c) The director shall allocate or reallocate the position of each employee in classified
1921 service to one of the classes in the classification plan.
1922 (d) (i) The division shall conduct periodic studies and interviews to provide that the
1923 classification plan remains reasonably current and reflects the duties and responsibilities
1924 assigned to and performed by employees.
1925 (ii) The director shall determine the need for studies and interviews after considering
1926 factors such as changes in duties and responsibilities of positions or agency reorganizations.
1927 (4) (a) With the approval of the executive director and the governor, the director shall
1928 develop and adopt pay plans for each position in classified service.
1929 (b) The director shall design each pay plan to achieve, to the degree that funds permit,
1930 comparability of state salary ranges to the market using data obtained from private enterprise
1931 and other public employment for similar work.
1932 (c) The director shall adhere to the following in developing each pay plan:
1933 (i) each pay plan shall consist of sufficient salary ranges to:
1934 (A) permit adequate salary differential among the various classes of positions in the
1935 classification plan; and
1936 (B) reflect the normal growth and productivity potential of employees in that class.
1937 (ii) The director shall issue rules for the administration of pay plans.
1938 (d) The establishing of a salary range is a nondelegable activity and is not appealable
1939 under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter 19a,
1940 Grievance Procedures, or otherwise.
1941 (e) The director shall [
1942 Administrative Rulemaking Act, providing for:
1943 (i) agency approved salary adjustments within approved salary ranges, including an
1944 administrative salary adjustment;
1945 (ii) legislatively approved salary adjustments within approved salary ranges, including
1946 a merit increase, subject to Subsection (4)(f), or general increase; and
1947 (iii) structure adjustments that modify salary ranges, including a cost of living
1948 adjustment or market comparability adjustment.
1949 (f) A merit increase shall be granted on a uniform and consistent basis to each
1950 employee who receives a rating of "successful" or higher in an annual evaluation of the
1951 employee's productivity and performance.
1952 (5) (a) On or before October 31 of each year, the director shall submit an annual
1953 compensation plan to the executive director and the governor for consideration in the executive
1954 budget.
1955 (b) The plan described in Subsection (5)(a) may include recommendations, including:
1956 (i) salary increases that generally affect employees, including a general increase or
1957 merit increase;
1958 (ii) salary increases that address compensation issues unique to an agency or
1959 occupation;
1960 (iii) structure adjustments, including a cost of living adjustment or market
1961 comparability adjustment; or
1962 (iv) changes to employee benefits.
1963 (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate the
1964 results of a salary survey of a reasonable cross section of comparable positions in private and
1965 public employment in the state into the annual compensation plan.
1966 (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
1967 correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
1968 53-6-102, shall at minimum include the three largest political subdivisions in the state that
1969 employ, respectively, comparable positions.
1970 (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
1971 Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
1972 Insurance Corporation, Federal Reserve, and National Credit Union Administration.
1973 (ii) The director may cooperate with or participate in any survey conducted by other
1974 public and private employers.
1975 (iii) The director shall obtain information for the purpose of constructing the survey
1976 from the Division of Workforce Information and Payment Services and shall include employer
1977 name, number of persons employed by the employer, employer contact information and job
1978 titles, county code, and salary if available.
1979 (iv) The division shall acquire and protect the needed records in compliance with the
1980 provisions of Section 35A-4-312.
1981 (d) The director may incorporate any other relevant information in the plan described
1982 in Subsection (5)(a), including information on staff turnover, recruitment data, or external
1983 market trends.
1984 (e) The director shall:
1985 (i) establish criteria to assure the adequacy and accuracy of data used to make
1986 recommendations described in this Subsection (5); and
1987 (ii) when preparing recommendations use accepted methodologies and techniques
1988 similar to and consistent with those used in the private sector.
1989 (f) (i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
1990 available foundational information used by the division or director in the drafting of a plan
1991 described in Subsection (5)(a), including:
1992 (A) demographic and labor market information;
1993 (B) information on employee turnover;
1994 (C) salary information;
1995 (D) information on recruitment; and
1996 (E) geographic data.
1997 (ii) The division may not provide under Subsection (5)(f)(i) information or other data
1998 that is proprietary or otherwise protected under the terms of a contract or by law.
1999 (g) The governor shall:
2000 (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
2001 preparing the executive budget and shall recommend the method of distributing the
2002 adjustments;
2003 (ii) submit compensation recommendations to the Legislature; and
2004 (iii) support the recommendation with schedules indicating the cost to individual
2005 departments and the source of funds.
2006 (h) If funding is approved by the Legislature in a general appropriations act, the
2007 adjustments take effect on the July 1 following the enactment unless otherwise indicated.
2008 (6) (a) The director shall [
2009 Utah Administrative Rulemaking Act, for the granting of incentive awards, including awards
2010 for cost saving actions, awards for commendable actions by an employee, or a market-based
2011 award to attract or retain employees.
2012 (b) An agency may not grant a market-based award unless the award is previously
2013 approved by the division.
2014 (c) In accordance with Subsection (6)(b), an agency requesting the division's approval
2015 of a market-based award shall submit a request and documentation, subject to Subsection
2016 (6)(d), to the division.
2017 (d) In the documentation required in Subsection (6)(c), the requesting agency shall
2018 identify for the division:
2019 (i) any benefit the market-based award would provide for the agency, including:
2020 (A) budgetary advantages; or
2021 (B) recruitment advantages;
2022 (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
2023 or
2024 (iii) any other advantage the agency would gain through the utilization of a
2025 market-based award.
2026 (7) (a) The director shall regularly evaluate the total compensation program of state
2027 employees in the classified service.
2028 (b) The division shall determine if employee benefits are comparable to those offered
2029 by other private and public employers using information from:
2030 (i) a study conducted by a third-party consultant; or
2031 (ii) the most recent edition of a nationally recognized benefits survey.
2032 Section 48. Section 63A-17-806 is amended to read:
2033 63A-17-806. Definitions -- Infant at Work Pilot Program -- Administration --
2034 Report.
2035 (1) As used in this section:
2036 (a) "Eligible employee" means an employee who has been employed by the
2037 Department of Health for a minimum of:
2038 (i) 12 consecutive months; and
2039 (ii) 1,250 hours, excluding paid time off during the 12-month period immediately
2040 preceding the day on which the employee applies for participation in the program.
2041 (b) "Infant" means a baby that is at least six weeks of age and no more than six months
2042 of age.
2043 (c) "Parent" means:
2044 (i) a biological or adoptive parent of an infant; or
2045 (ii) an individual who has an infant placed in the individual's foster care by the
2046 Division of Child and Family Services.
2047 (d) "Program" means the Infant at Work Pilot Program established in this section.
2048 (2) There is created the Infant at Work Pilot Program for eligible employees.
2049 (3) The program shall:
2050 (a) allow an eligible employee to bring the eligible employee's infant to work subject to
2051 the provisions of this section;
2052 (b) be administered by the division; and
2053 (c) be implemented for a minimum of one year.
2054 (4) The division shall establish an application process for eligible employees of the
2055 Department of Health to apply to the program that includes:
2056 (a) a process for evaluating whether an eligible employee's work environment is
2057 appropriate for an infant;
2058 (b) guidelines for infant health and safety; and
2059 (c) guidelines regarding an eligible employee's initial and ongoing participation in the
2060 program.
2061 (5) If the division approves the eligible employee for participation in the program, the
2062 eligible employee shall have the sole responsibility for the care and safety of the infant at the
2063 workplace.
2064 (6) The division may not require the Department of Health to designate or set aside
2065 space for an eligible employee's infant other than the eligible employee's existing work space.
2066 (7) The division, in consultation with the Department of Health, shall [
2067 rules that the department determines necessary to establish the program in accordance with
2068 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2069 (8) On or before June 30, 2022, the division, in consultation with the Department of
2070 Health, shall submit a written report to the Business and Labor Interim Committee that
2071 describes the efficacy of the program, including any recommendations for additional legislative
2072 action.
2073 Section 49. Section 63A-17-1004 is amended to read:
2074 63A-17-1004. Drug testing of state employees.
2075 (1) Except as provided in Subsection (2), when there is reasonable suspicion that an
2076 employee is using a controlled substance or alcohol unlawfully during work hours, an
2077 employee may be required to submit to medically accepted testing procedures for a
2078 determination of whether the employee is using a controlled substance or alcohol in violation
2079 of this part.
2080 (2) In highly sensitive positions, as identified in department class specifications,
2081 random drug testing of employees may be conducted by an agency in accordance with the rules
2082 of the director.
2083 (3) All drug or alcohol testing shall be:
2084 (a) conducted by a federally certified and licensed physician, a federally certified and
2085 licensed medical clinic, or testing facility federally certified and licensed to conduct medically
2086 accepted drug testing; and
2087 (b) conducted in accordance with the rules of the director made under Section
2088 63A-17-1002[
2089 [
2090
2091 (4) A record relating to drug or alcohol testing of a state employee is classified as a
2092 private record under Section 63G-2-302.
2093 [
2094 civil action brought by a party for:
2095 (a) performing or failing to perform a test under this section;
2096 (b) issuing or failing to issue a test result under this section; or
2097 (c) acting or omitting to act in any other way in good faith under this section.
2098 Section 50. Section 63G-2-302 is amended to read:
2099 63G-2-302. Private records.
2100 (1) The following records are private:
2101 (a) records concerning an individual's eligibility for unemployment insurance benefits,
2102 social services, welfare benefits, or the determination of benefit levels;
2103 (b) records containing data on individuals describing medical history, diagnosis,
2104 condition, treatment, evaluation, or similar medical data;
2105 (c) records of publicly funded libraries that when examined alone or with other records
2106 identify a patron;
2107 (d) records received by or generated by or for:
2108 (i) the Independent Legislative Ethics Commission, except for:
2109 (A) the commission's summary data report that is required under legislative rule; and
2110 (B) any other document that is classified as public under legislative rule; or
2111 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
2112 unless the record is classified as public under legislative rule;
2113 (e) records received by, or generated by or for, the Independent Executive Branch
2114 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
2115 of Executive Branch Ethics Complaints;
2116 (f) records received or generated for a Senate confirmation committee concerning
2117 character, professional competence, or physical or mental health of an individual:
2118 (i) if, prior to the meeting, the chair of the committee determines release of the records:
2119 (A) reasonably could be expected to interfere with the investigation undertaken by the
2120 committee; or
2121 (B) would create a danger of depriving a person of a right to a fair proceeding or
2122 impartial hearing; and
2123 (ii) after the meeting, if the meeting was closed to the public;
2124 (g) employment records concerning a current or former employee of, or applicant for
2125 employment with, a governmental entity that would disclose that individual's home address,
2126 home telephone number, social security number, insurance coverage, marital status, or payroll
2127 deductions;
2128 (h) records or parts of records under Section 63G-2-303 that a current or former
2129 employee identifies as private according to the requirements of that section;
2130 (i) that part of a record indicating a person's social security number or federal employer
2131 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
2132 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
2133 (j) that part of a voter registration record identifying a voter's:
2134 (i) driver license or identification card number;
2135 (ii) social security number, or last four digits of the social security number;
2136 (iii) email address;
2137 (iv) date of birth; or
2138 (v) phone number;
2139 (k) a voter registration record that is classified as a private record by the lieutenant
2140 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
2141 20A-2-204(4)(b);
2142 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
2143 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
2144 verification submitted in support of the form;
2145 (n) a record that:
2146 (i) contains information about an individual;
2147 (ii) is voluntarily provided by the individual; and
2148 (iii) goes into an electronic database that:
2149 (A) is designated by and administered under the authority of the Chief Information
2150 Officer; and
2151 (B) acts as a repository of information about the individual that can be electronically
2152 retrieved and used to facilitate the individual's online interaction with a state agency;
2153 (o) information provided to the Commissioner of Insurance under:
2154 (i) Subsection 31A-23a-115(3)(a);
2155 (ii) Subsection 31A-23a-302(4); or
2156 (iii) Subsection 31A-26-210(4);
2157 (p) information obtained through a criminal background check under Title 11, Chapter
2158 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
2159 (q) information provided by an offender that is:
2160 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
2161 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
2162 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
2163 77-43-108(4);
2164 (r) a statement and any supporting documentation filed with the attorney general in
2165 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
2166 homeland security;
2167 (s) electronic toll collection customer account information received or collected under
2168 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
2169 collected by a public transit district, including contact and payment information and customer
2170 travel data;
2171 (t) an email address provided by a military or overseas voter under Section
2172 20A-16-501;
2173 (u) a completed military-overseas ballot that is electronically transmitted under Title
2174 20A, Chapter 16, Uniform Military and Overseas Voters Act;
2175 (v) records received by or generated by or for the Political Subdivisions Ethics Review
2176 Commission established in Section 63A-15-201, except for:
2177 (i) the commission's summary data report that is required in Section 63A-15-202; and
2178 (ii) any other document that is classified as public in accordance with Title 63A,
2179 Chapter 15, Political Subdivisions Ethics Review Commission;
2180 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
2181 an incident or threat;
2182 (x) a criminal background check or credit history report conducted in accordance with
2183 Section 63A-3-201;
2184 (y) a record described in Subsection 53-5a-104(7);
2185 (z) on a record maintained by a county for the purpose of administering property taxes,
2186 an individual's:
2187 (i) email address;
2188 (ii) phone number; or
2189 (iii) personal financial information related to a person's payment method;
2190 (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
2191 exemption, deferral, abatement, or relief under:
2192 (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
2193 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
2194 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
2195 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions; [
2196 (bb) a record provided by the State Tax Commission in response to a request under
2197 Subsection 59-1-403(4)(y)(iii)[
2198 (cc) a record relating to drug or alcohol testing of a state employee under Section
2199 63A-17-1004.
2200 (2) The following records are private if properly classified by a governmental entity:
2201 (a) records concerning a current or former employee of, or applicant for employment
2202 with a governmental entity, including performance evaluations and personal status information
2203 such as race, religion, or disabilities, but not including records that are public under Subsection
2204 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
2205 (b) records describing an individual's finances, except that the following are public:
2206 (i) records described in Subsection 63G-2-301(2);
2207 (ii) information provided to the governmental entity for the purpose of complying with
2208 a financial assurance requirement; or
2209 (iii) records that must be disclosed in accordance with another statute;
2210 (c) records of independent state agencies if the disclosure of those records would
2211 conflict with the fiduciary obligations of the agency;
2212 (d) other records containing data on individuals the disclosure of which constitutes a
2213 clearly unwarranted invasion of personal privacy;
2214 (e) records provided by the United States or by a government entity outside the state
2215 that are given with the requirement that the records be managed as private records, if the
2216 providing entity states in writing that the record would not be subject to public disclosure if
2217 retained by it;
2218 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
2219 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
2220 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
2221 (g) audio and video recordings created by a body-worn camera, as defined in Section
2222 77-7a-103, that record sound or images inside a home or residence except for recordings that:
2223 (i) depict the commission of an alleged crime;
2224 (ii) record any encounter between a law enforcement officer and a person that results in
2225 death or bodily injury, or includes an instance when an officer fires a weapon;
2226 (iii) record any encounter that is the subject of a complaint or a legal proceeding
2227 against a law enforcement officer or law enforcement agency;
2228 (iv) contain an officer involved critical incident as defined in Subsection
2229 76-2-408(1)(f); or
2230 (v) have been requested for reclassification as a public record by a subject or
2231 authorized agent of a subject featured in the recording.
2232 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
2233 records, statements, history, diagnosis, condition, treatment, and evaluation.
2234 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
2235 doctors, or affiliated entities are not private records or controlled records under Section
2236 63G-2-304 when the records are sought:
2237 (i) in connection with any legal or administrative proceeding in which the patient's
2238 physical, mental, or emotional condition is an element of any claim or defense; or
2239 (ii) after a patient's death, in any legal or administrative proceeding in which any party
2240 relies upon the condition as an element of the claim or defense.
2241 (c) Medical records are subject to production in a legal or administrative proceeding
2242 according to state or federal statutes or rules of procedure and evidence as if the medical
2243 records were in the possession of a nongovernmental medical care provider.
2244 Section 51. Section 63I-5-201 (Superseded 07/01/22) is amended to read:
2245 63I-5-201 (Superseded 07/01/22). Internal auditing programs -- State agencies.
2246 (1) (a) The departments of [
2247 Agriculture, Commerce, Cultural and Community Engagement, Corrections, Workforce
2248 Services, Environmental Quality, Health, Human Services, Natural Resources, Public Safety,
2249 and Transportation, and the State Tax Commission shall conduct various types of auditing
2250 procedures as determined by the agency head or governor.
2251 (b) The governor may, by executive order, require a state agency not described in
2252 Subsection (1)(a) to establish an internal audit program.
2253 (c) The governor shall ensure that each state agency that reports to the governor has
2254 adequate internal audit coverage.
2255 (2) (a) The Administrative Office of the Courts shall establish an internal audit
2256 program under the direction of the Judicial Council, including auditing procedures for courts
2257 not of record.
2258 (b) The Judicial Council may, by rule, require other judicial agencies to establish an
2259 internal audit program.
2260 (3) (a) Dixie State University, the University of Utah, Utah State University, Salt Lake
2261 Community College, Southern Utah University, Utah Valley University, Weber State
2262 University, and Snow College shall establish an internal audit program under the direction of
2263 the Utah Board of Higher Education.
2264 (b) The Utah Board of Higher Education may issue policies requiring other higher
2265 education entities or programs to establish an internal audit program.
2266 (4) The State Board of Education shall establish an internal audit program that provides
2267 internal audit services for each program administered by the State Board of Education.
2268 (5) Subject to Section 32B-2-302.5, the internal audit division of the Department of
2269 Alcoholic Beverage Control shall establish an internal audit program under the direction of the
2270 Alcoholic Beverage Control Commission.
2271 Section 52. Section 63I-5-201 (Effective 07/01/22) is amended to read:
2272 63I-5-201 (Effective 07/01/22). Internal auditing programs -- State agencies.
2273 (1) (a) The departments of [
2274 Agriculture, Commerce, Cultural and Community Engagement, Corrections, Workforce
2275 Services, Environmental Quality, Health, Human Services, Natural Resources, Public Safety,
2276 and Transportation, and the State Tax Commission shall conduct various types of auditing
2277 procedures as determined by the agency head or governor.
2278 (b) The governor may, by executive order, require a state agency not described in
2279 Subsection (1)(a) to establish an internal audit program.
2280 (c) The governor shall ensure that each state agency that reports to the governor has
2281 adequate internal audit coverage.
2282 (2) (a) The Administrative Office of the Courts shall establish an internal audit
2283 program under the direction of the Judicial Council, including auditing procedures for courts
2284 not of record.
2285 (b) The Judicial Council may, by rule, require other judicial agencies to establish an
2286 internal audit program.
2287 (3) (a) Utah Tech University, the University of Utah, Utah State University, Salt Lake
2288 Community College, Southern Utah University, Utah Valley University, Weber State
2289 University, and Snow College shall establish an internal audit program under the direction of
2290 the Utah Board of Higher Education.
2291 (b) The Utah Board of Higher Education may issue policies requiring other higher
2292 education entities or programs to establish an internal audit program.
2293 (4) The State Board of Education shall establish an internal audit program that provides
2294 internal audit services for each program administered by the State Board of Education.
2295 (5) Subject to Section 32B-2-302.5, the internal audit division of the Department of
2296 Alcoholic Beverage Control shall establish an internal audit program under the direction of the
2297 Alcoholic Beverage Control Commission.
2298 Section 53. Section 67-3-12 is amended to read:
2299 67-3-12. Utah Public Finance Website -- Establishment and administration --
2300 Records disclosure -- Exceptions.
2301 (1) As used in this section:
2302 (a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
2303 as that term is defined in Section 63E-1-102.
2304 (ii) "Independent entity" includes an entity that is part of an independent entity
2305 described in Subsection (1)(a)(i), if the entity is considered a component unit of the
2306 independent entity under the governmental accounting standards issued by the Governmental
2307 Accounting Standards Board.
2308 (iii) "Independent entity" does not include the Utah State Retirement Office created in
2309 Section 49-11-201.
2310 (b) "Local education agency" means a school district or charter school.
2311 (c) "Participating local entity" means:
2312 (i) a county;
2313 (ii) a municipality;
2314 (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
2315 Local Districts;
2316 (iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
2317 (v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
2318 (vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
2319 Act;
2320 (vii) except for a taxed interlocal entity as defined in Section 11-13-602:
2321 (A) an interlocal entity as defined in Section 11-13-103;
2322 (B) a joint or cooperative undertaking as defined in Section 11-13-103; or
2323 (C) any project, program, or undertaking entered into by interlocal agreement in
2324 accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
2325 (viii) except for a taxed interlocal entity as defined in Section 11-13-602, an entity that
2326 is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
2327 component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
2328 governmental accounting standards issued by the Governmental Accounting Standards Board;
2329 or
2330 (ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
2331 (d) (i) "Participating state entity" means the state of Utah, including its executive,
2332 legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
2333 councils, committees, and institutions.
2334 (ii) "Participating state entity" includes an entity that is part of an entity described in
2335 Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
2336 Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
2337 Accounting Standards Board.
2338 (e) "Public finance website" or "website" means the website established by the state
2339 auditor in accordance with this section.
2340 (f) "Public financial information" means each record that is required under this section
2341 or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
2342 the public finance website, a participating local entity's website, or an independent entity's
2343 website.
2344 (g) "Qualifying entity" means:
2345 (i) an independent entity;
2346 (ii) a participating local entity;
2347 (iii) a participating state entity;
2348 (iv) a local education agency;
2349 (v) a state institution of higher education as defined in Section 53B-3-102;
2350 (vi) the Utah Educational Savings Plan created in Section [
2351 (vii) the Utah Housing Corporation created in Section 63H-8-201;
2352 (viii) the School and Institutional Trust Lands Administration created in Section
2353 53C-1-201;
2354 (ix) the Utah Capital Investment Corporation created in Section 63N-6-301; or
2355 (x) a URS-participating employer.
2356 (h) (i) "URS-participating employer" means an entity that:
2357 (A) is a participating entity, as that term is defined in Section 49-11-102; and
2358 (B) is not required to report public financial information under this section as a
2359 qualifying entity described in Subsections (1)(g)(i) through (ix).
2360 (ii) "URS-participating employer" does not include:
2361 (A) the Utah State Retirement Office created in Section 49-11-201; or
2362 (B) a withdrawing entity.
2363 (i) (i) "Withdrawing entity" means an entity that elects to withdraw from participation
2364 in a system or plan under Title 49, Chapter 11, Part 6, Procedures and Records.
2365 (ii) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
2366 Sections 49-11-623 and 49-11-624.
2367 (2) The state auditor shall establish and maintain a public finance website in
2368 accordance with this section.
2369 (3) The website shall:
2370 (a) permit Utah taxpayers to:
2371 (i) view, understand, and track the use of taxpayer dollars by making public financial
2372 information available on the Internet for participating state entities, independent entities,
2373 participating local entities, and URS-participating employers, using the website; and
2374 (ii) link to websites administered by participating local entities, independent entities, or
2375 URS-participating employers that do not use the website for the purpose of providing public
2376 financial information as required by this section and by rule made under Subsection [
2377 (b) allow a person that has Internet access to use the website without paying a fee;
2378 (c) allow the public to search public financial information on the website;
2379 (d) provide access to financial reports, financial audits, budgets, or other financial
2380 documents that are used to allocate, appropriate, spend, and account for government funds, as
2381 may be established by rule made in accordance with Subsection (9);
2382 (e) have a unique and simplified website address;
2383 (f) be guided by the principles described in Subsection 63A-16-202(2);
2384 (g) include other links, features, or functionality that will assist the public in obtaining
2385 and reviewing public financial information, as may be established by rule made under
2386 Subsection (9); and
2387 (h) include a link to school report cards published on the State Board of Education's
2388 website under Section 53E-5-211.
2389 (4) The state auditor shall:
2390 (a) establish and maintain the website, including the provision of equipment, resources,
2391 and personnel as necessary;
2392 (b) maintain an archive of all information posted to the website;
2393 (c) coordinate and process the receipt and posting of public financial information from
2394 participating state entities; and
2395 (d) coordinate and regulate the posting of public financial information by participating
2396 local entities and independent entities.
2397 (5) A qualifying entity shall permit the public to view the qualifying entity's public
2398 financial information by posting the public financial information to the public finance website
2399 in accordance with rules made under Subsection (9).
2400 (6) The content of the public financial information posted to the public finance website
2401 is the responsibility of the qualifying entity posting the public financial information.
2402 (7) A URS-participating employer shall provide employee compensation information
2403 for each fiscal year ending on or after June 30, 2022:
2404 (a) to the state auditor for posting on the Utah Public Finance Website; or
2405 (b) (i) through the URS-participating employer's own website; and
2406 (ii) via a link to the website described in Subsection (7)(b)(i), submitted to the state
2407 auditor for posting on the Utah Public Finance Website.
2408 (8) (a) A qualifying entity may not post financial information that is classified as
2409 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
2410 Management Act, to the public finance website.
2411 (b) An individual who negligently discloses financial information that is classified as
2412 private, protected, or controlled by Title 63G, Chapter 2, Government Records Access and
2413 Management Act, is not criminally or civilly liable for an improper disclosure of the financial
2414 information if the financial information is disclosed solely as a result of the preparation or
2415 publication of the website.
2416 (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2417 Office of the State Auditor:
2418 (a) shall make rules to:
2419 (i) establish which records a qualifying entity is required to post to the public finance
2420 website; and
2421 (ii) establish procedures for obtaining, submitting, reporting, storing, and posting
2422 public financial information on the public finance website; and
2423 (b) may make rules governing when a qualifying entity is required to disclose an
2424 expenditure made by a person under contract with the qualifying entity, including the form and
2425 content of the disclosure.
2426 (10) The rules made under Subsection (9) shall only require a URS-participating
2427 employer to provide employee compensation information for each fiscal year ending on or after
2428 June 30, 2022:
2429 (a) to the state auditor for posting on the public finance website; or
2430 (b) (i) through the URS-participating employer's own website; and
2431 (ii) via a link to the website described in Subsection (10)(b)(i), submitted to the state
2432 auditor for posting on the public finance website.
2433 Section 54. Section 67-19a-101 is amended to read:
2434 67-19a-101. Definitions.
2435 As used in this chapter:
2436 (1) "Abusive conduct" means the same as that term is defined in Section 67-26-102.
2437 (2) "Administrator" means the person appointed under Section 67-19a-201 to head the
2438 Career Service Review Office.
2439 (3) "Career service employee" means a person employed in career service as defined in
2440 Section [
2441 (4) "Division" means the Division of Human Resource Management.
2442 (5) "Employer" means the state of Utah and all supervisory personnel vested with the
2443 authority to implement and administer the policies of an agency.
2444 (6) "Excusable neglect" means harmless error, mistake, inadvertence, surprise, a failure
2445 to discover evidence that, through due diligence, could not have been discovered in time to
2446 meet the applicable time period, misrepresentation or misconduct by the employer, or any other
2447 reason justifying equitable relief.
2448 (7) "Grievance" means:
2449 (a) a complaint by a career service employee concerning any matter touching upon the
2450 relationship between the employee and the employer;
2451 (b) any dispute between a career service employee and the employer;
2452 (c) a complaint by a reporting employee that a public entity has engaged in retaliatory
2453 action against the reporting employee ; and
2454 (d) a complaint that the employer subjected the employee to conditions that a
2455 reasonable person would consider intolerable, including abusive conduct.
2456 (8) "Office" means the Career Service Review Office created under Section
2457 67-19a-201.
2458 (9) "Public entity" means the same as that term is defined in Section 67-21-2.
2459 (10) "Reporting employee" means an employee of a public entity who alleges that the
2460 public entity engaged in retaliatory action against the employee.
2461 (11) "Retaliatory action" means to do any of the following to an employee in violation
2462 of Section 67-21-3:
2463 (a) dismiss the employee;
2464 (b) reduce the employee's compensation;
2465 (c) fail to increase the employee's compensation by an amount that the employee is
2466 otherwise entitled to or was promised;
2467 (d) fail to promote the employee if the employee would have otherwise been promoted;
2468 or
2469 (e) threaten to take an action described in Subsections (11)(a) through (d).
2470 (12) "Supervisor" means the person:
2471 (a) to whom an employee reports; or
2472 (b) who assigns and oversees an employee's work.
2473 Section 55. Section 67-27-101 is enacted to read:
2474
2475
2476 67-27-101. Title
2477 This chapter is known as "General Requirements for State Officers and Employees."
2478 Section 56. Section 67-27-102, which is renumbered from Section 63A-17-901 is
2479 renumbered and amended to read:
2480 [
2481 As used in this [
2482 (1) "Career service employee" means the same as that term is defined in Section
2483 63A-17-102.
2484 (2) "Executive branch elected official" means:
2485 (a) the governor;
2486 (b) the lieutenant governor;
2487 (c) the attorney general;
2488 (d) the state treasurer; or
2489 (e) the state auditor.
2490 (3) "Executive branch official" means an individual who:
2491 (a) is a management level employee of an executive branch elected official; and
2492 (b) is not a career service employee.
2493 (4) "State agency" means a department, division, board, council, committee, institution,
2494 office, bureau, or other similar administrative unit of the executive branch of state government.
2495 Section 57. Section 67-27-103, which is renumbered from Section 63A-17-902 is
2496 renumbered and amended to read:
2497 [
2498 (1) Except as provided in Subsection (2), and subject to Subsection (3):
2499 (a) a state agency with five or more employees shall, at least nine hours per day on
2500 Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
2501 another entity of the state, a political subdivision, or the public:
2502 (i) in person;
2503 (ii) online; or
2504 (iii) by telephone; and
2505 (b) a state agency with fewer than five employees shall, at least eight hours per day on
2506 Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
2507 another entity of the state, a political subdivision, or the public:
2508 (i) in person;
2509 (ii) online; or
2510 (iii) by telephone.
2511 (2) (a) Subsection (1) does not require a state agency to operate a physical location, or
2512 provide a service, on a holiday established under Section 63G-1-301.
2513 (b) Except for a legal holiday established under Section 63G-1-301, the following state
2514 agencies shall operate at least one physical location, and as many physical locations as
2515 necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
2516 to provide a service required by statute to another entity of the state, a political subdivision, or
2517 the public:
2518 (i) the Division of Technology Services, created in Section 63A-16-103;
2519 (ii) the Division of Child and Family Services, created in Section 62A-4a-103; and
2520 (iii) the Office of Guardian Ad Litem, created in Section 78A-2-802.
2521 (3) A state agency shall make staff available, as necessary, to provide:
2522 (a) services incidental to a court or administrative proceeding, during the hours of
2523 operation of a court or administrative body, including:
2524 (i) testifying;
2525 (ii) the production of records or evidence; and
2526 (iii) other services normally available to a court or administrative body;
2527 (b) security services; and
2528 (c) emergency services.
2529 (4) This section does not limit the days or hours a state agency may operate.
2530 (5) To provide a service as required by Subsection (1), the chief administrative officer
2531 of a state agency may determine:
2532 (a) the number of physical locations, if any are required by this section, operating each
2533 day;
2534 (b) the daily hours of operation of a physical location;
2535 (c) the number of state agency employees who work per day; and
2536 (d) the hours a state agency employee works per day.
2537 (6) To provide a service as required by Subsection (2)(b), the chief administrative
2538 officer of a state agency, or a person otherwise designated by law, may determine:
2539 (a) the number of physical locations operating each day;
2540 (b) the daily hours of operation, as required by Subsection (2)(b), of each physical
2541 location;
2542 (c) the number of state agency employees who work per day; and
2543 (d) the hours a state agency employee works per day.
2544 (7) A state agency shall:
2545 (a) provide information, accessible from a conspicuous link on the home page of the
2546 state agency's website, on a method that a person may use to schedule an in-person meeting
2547 with a representative of the state agency; and
2548 (b) except as provided in Subsection (8), as soon as reasonably possible:
2549 (i) contact a person who makes a request for an in-person meeting; and
2550 (ii) when appropriate, schedule and hold an in-person meeting with the person that
2551 requests an in-person meeting.
2552 (8) A state agency is not required to comply with Subsection (7)(b) to the extent that
2553 the contact or meeting:
2554 (a) would constitute a conflict of interest;
2555 (b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
2556 Utah Procurement Code;
2557 (c) would violate an ethical requirement of the state agency or an employee of the state
2558 agency; or
2559 (d) would constitute a violation of law.
2560 Section 58. Section 67-27-104, which is renumbered from Section 63A-17-903 is
2561 renumbered and amended to read:
2562 [
2563 branch employees.
2564 (1) An employee who is under the direction or control of an executive branch elected
2565 official may not engage in outside employment that:
2566 (a) constitutes a conflict of interest;
2567 (b) interferes with the ability of the employee to fulfill the employee's job
2568 responsibilities;
2569 (c) constitutes the provision of political services, political consultation, or lobbying;
2570 (d) involves the provision of consulting services, legal services, or other services to a
2571 person that the employee could, within the course and scope of the employee's primary
2572 employment, provide to the person; or
2573 (e) interferes with the hours that the employee is expected to perform work under the
2574 direction or control of an executive branch elected official, unless the employee takes
2575 authorized personal leave during the time that the person engages in the outside employment.
2576 (2) An executive branch official shall be subject to the same restrictions on outside
2577 employment as a career service employee.
2578 (3) This section does not prohibit an employee from advocating the position of the
2579 state office that employs the employee regarding legislative action or other government action.
2580 Section 59. Repealer.
2581 This bill repeals:
2582 Section 63A-16-106, Offices within the division -- Administration.
2583 Section 63A-16-212, Agency services -- Chief information officer manages.
2584 Section 63A-16-213, Duties of the division -- Agency services.
2585 Section 63A-16-401, Definitions.
2586 Section 63A-16-402, Enterprise technology -- Chief information officer manages.
2587 Section 63A-16-403, Duties of the division -- Enterprise technology.
2588 Section 63A-16-502, Office of Integrated Technology.
2589 Section 63A-16-503, Duties of the division -- Integrated technology.
2590 Section 60. Effective date.
2591 This bill takes effect on May 4, 2022, except that Section 63I-5-201 (Effective
2592 07/01/22) takes effect on July 1, 2022.