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S.B. 151
1
AMENDMENTS RELATED TO INFORMATION
2
TECHNOLOGY
3
2003 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: David H. Steele
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This act modifies the Information Technology Title and the Utah Administrative Services
7
Code to reorganize the information technology structure of the state including addressing
8
the powers and duties of the chief information officer of the Division of Information
9
Technology. The act addresses coordination of information technology between
10
branches. The act reorganizes the Information Technology Commission to the Utah
11
Technology Commission and creates the Utah Technology Industry Council and outlines
12
the responsibilities of each entity. The act makes technical changes.
13
This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-9f-104, as enacted by Chapter 263, Laws of Utah 2000
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46-3-601, as enacted by Chapter 346, Laws of Utah 2000
17
46-3-602, as enacted by Chapter 346, Laws of Utah 2000
18
46-4-501, as enacted by Chapter 74, Laws of Utah 2000
19
54-8b-2.5, as last amended by Chapter 14, Laws of Utah 1999
20
63-38-2, as last amended by Chapter 8, Laws of Utah 2002, Fifth Special Session
21
63A-6-103, as renumbered and amended by Chapter 212, Laws of Utah 1993
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63A-6-104, as renumbered and amended by Chapter 212, Laws of Utah 1993
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63A-6-105, as last amended by Chapter 202, Laws of Utah 2002
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63A-6-106, as last amended by Chapter 9, Laws of Utah 2001
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63A-9-801, as last amended by Chapter 1, Laws of Utah 2000
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ENACTS:
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63A-6-101.5, Utah Code Annotated 1953
28
63D-1a-101, Utah Code Annotated 1953
29
63D-1a-102, Utah Code Annotated 1953
30
63D-1a-201, Utah Code Annotated 1953
31
63D-1a-202, Utah Code Annotated 1953
32
63D-1a-203, Utah Code Annotated 1953
33
63D-1a-204, Utah Code Annotated 1953
34
63D-1a-301, Utah Code Annotated 1953
35
63D-1a-302, Utah Code Annotated 1953
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63D-1a-303, Utah Code Annotated 1953
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63D-1a-304, Utah Code Annotated 1953
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63D-1a-305, Utah Code Annotated 1953
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63D-1a-306, Utah Code Annotated 1953
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63D-1a-307, Utah Code Annotated 1953
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63D-1a-308, Utah Code Annotated 1953
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63D-1a-309, Utah Code Annotated 1953
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63D-1a-401, Utah Code Annotated 1953
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63D-1a-402, Utah Code Annotated 1953
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63D-1a-403, Utah Code Annotated 1953
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67-1-14, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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46-4-503, (Renumbered from 63D-1-105, as enacted by Chapter 307, Laws of Utah
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1999)
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REPEALS:
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63D-1-101, as enacted by Chapter 73, Laws of Utah 1997
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63D-1-102, as enacted by Chapter 73, Laws of Utah 1997
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63D-1-103, as enacted by Chapter 73, Laws of Utah 1997
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63D-1-104, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-201, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-202, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-203, as last amended by Chapter 89, Laws of Utah 2001
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63D-1-204, as last amended by Chapter 21, Laws of Utah 1999
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63D-1-205, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-206, as last amended by Chapter 220, Laws of Utah 1998
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63D-1-301, as last amended by Chapter 176, Laws of Utah 2002
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63D-1-301.5, as last amended by Chapters 12 and 346, Laws of Utah 2000
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63D-1-302, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-303, as renumbered and amended by Chapter 73, Laws of Utah 1997
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63D-1-304, as last amended by Chapter 140, Laws of Utah 2001
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-9f-104
is amended to read:
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26-9f-104. Duties and responsibilities.
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The commission shall:
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(1) advise and make recommendations on telehealth issues to the department, the
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[Information] Utah Technology Commission, and other state entities;
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(2) promote collaborative efforts to establish technical compatibility, uniform policies,
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and privacy features to meet legal, financial, commercial, and other societal requirements;
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(3) serve as a clearinghouse on emerging telehealth technologies;
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(4) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
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medical, and technological issues that may serve as barriers to telehealth;
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(5) explore and encourage the development of telehealth systems as a means of
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reducing health costs and increasing health care quality and access;
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(6) seek public input on telehealth issues;
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(7) educate the public, state officials, and the health care community on telehealth
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issues; and
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(8) advise the governor and Legislature on:
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(a) the role of telehealth in the state;
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(b) the policy issues related to telehealth;
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(c) the changing telehealth needs and resources in the state; and
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(d) state budgetary matters related to telehealth.
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Section 2.
Section
46-3-601
is amended to read:
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46-3-601. Central repository for digital certificate information -- Fee.
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(1) The chief information officer shall:
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(a) designate an existing state repository or create a new repository that is a secure,
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central repository for the maintenance of any appropriate information relating to the issuance of
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digital certificates; and
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(b) develop policies regarding the issuance of digital certificates by governmental
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entities as provided in Section [
63D-1-301.5
]
63D-1a-308
.
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(2) Any participating governmental entity may charge a fee to cover administrative
96
costs and the fee required to be remitted to the state under Subsection (3).
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(3) Of the fee collected by a participating governmental entity pursuant to Subsection
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(2), a reasonable portion, as established by the chief information officer, shall be:
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(a) remitted to the state agency maintaining the repository in Subsection (1)(a); and
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(b) deposited in the General Fund as a dedicated credit for that state agency, to
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maintain the repository and assist in the issuance of the digital certificates pursuant to this part
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and Section [
63D-1-301.5
]
63D-1a-308
.
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(4) Any money at the end of the fiscal year in excess of the dedicated credit required by
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Subsection (3) shall lapse to the General Fund.
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(5) Any state agency permitting the public to transact business with the state agency
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through the use of a digital certificate may establish a transaction fee, pursuant to Section
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63-38-3.2
, a portion of which may be remitted to the licensed certification authority which
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issued the digital certificate being used.
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Section 3.
Section
46-3-602
is amended to read:
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46-3-602. County clerk participation and fee authorization.
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A county clerk may:
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(1) participate in the issuance of digital certificates to citizens to facilitate electronic
113
transactions with governmental entities according to the digital certificate policy issued by the
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chief information officer pursuant to Section [
63D-1-301.5
]
63D-1a-308
; and
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(2) charge a fee for the service in Subsection (1), a portion of which shall be remitted
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to the agency maintaining the state repository pursuant to Section
46-3-601
.
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Section 4.
Section
46-4-501
is amended to read:
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46-4-501. Creation and retention of electronic records and conversion of written
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records by governmental agencies.
120
(1) A state governmental agency may, by following the procedures and requirements of
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Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make rules that:
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(a) identify specific transactions that the agency is willing to conduct by electronic
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means;
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(b) identify specific transactions that the agency will never conduct by electronic
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means;
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(c) specify the manner and format in which electronic records must be created,
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generated, sent, communicated, received, and stored, and the systems established for those
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purposes;
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(d) if law or rule requires that the electronic records must be signed by electronic
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means, specify the type of electronic signature required, the manner and format in which the
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electronic signature must be affixed to the electronic record, and the identity of, or criteria that
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must be met, by any third party used by a person filing a document to facilitate the process;
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(e) specify control processes and procedures as appropriate to ensure adequate
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preservation, disposition, integrity, security, confidentiality, and auditability of electronic
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records; and
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(f) identify any other required attributes for electronic records that are specified for
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corresponding nonelectronic records or that are reasonably necessary under the circumstances.
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(2) A state governmental agency that makes rules under this section shall submit copies
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of those rules, and any amendments to those rules, to:
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(a) the chief information officer established by Section [
63D-1-301
]
63D-1a-301
; and
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(b) the Utah [Information] Technology Commission established by Section
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[
63D-1-202
]
63D-1a-201
.
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(3) (a) The chief information officer may prepare model rules and standards relating to
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electronic transactions that encourage and promote consistency and interoperability with
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similar requirements adopted by other Utah government agencies, other states, the federal
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government, and nongovernmental persons interacting with Utah governmental agencies.
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(b) In preparing those model rules and standards, the chief information officer may
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specify different levels of standards from which governmental agencies may choose in order to
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implement the most appropriate standard for a particular application.
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(c) Before submitting any model rules or standards to state governmental agencies for
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their adoption as permanent rules, the chief information officer shall submit the model rules
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and standards to the Utah [Information] Technology Commission for its review and
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suggestions.
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(d) Nothing in this Subsection (3) requires a state agency to use the model rules and
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standards prepared by the chief information officer when making rules under this section.
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(4) Except as provided in Subsection
46-4-301
(6), nothing in this chapter requires any
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state governmental agency to:
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(a) conduct transactions by electronic means; or
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(b) use or permit the use of electronic records or electronic signatures.
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(5) Each state governmental agency shall:
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(a) establish record retention schedules for any electronic records created or received in
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an electronic transaction according to the standards developed by the Division of Archives
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under Subsection
63-2-901
(2)(e); and
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(b) obtain approval of those schedules from the State Records Committee as required
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by Subsection
63-2-502
(1)(b).
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Section 5.
Section
46-4-503
, which is renumbered from Section 63D-1-105 is
167
renumbered and amended to read:
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[63D-1-105]. 46-4-503. Government products and services on Internet.
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(1) The appropriate state entities shall allow the following services to be transacted
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through the Internet by July 1, 2002:
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(a) application for and renewal of professional and occupational licenses;
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(b) renewal of drivers licenses;
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(c) application for hunting and fishing licenses;
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(d) filings for income tax, sales tax, court documents, and Uniform Commercial Code;
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(e) registrations for products, brands, motor vehicles, corporations, and businesses; and
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(f) submission of an application for unemployment, welfare, and health benefits.
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(2) The state system of public education, in coordination with the Utah Education
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Network, shall make reasonable progress toward making the following services available
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through the Internet by July 1, 2002[;]:
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(a) secure access by parents and students to student grades and progress reports;
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(b) email communications with teachers, parent-teacher associations, and school
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administrators;
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(c) access to school calendars and schedules; and
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(d) teaching resources that may include teaching plans, curriculum guides, and media
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resources.
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(3) State entities shall:
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(a) in carrying out the requirements of this section, take reasonable steps to ensure the
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security and privacy of records that are private or controlled as defined by Title 63, Chapter 2,
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Government Records Access and Management Act;
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(b) in addition to those required services listed in Subsections (1) through (3),
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determine any additional services which may be made available to the public through electronic
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means, including the Internet, by July 1, 2002; and
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(c) as part of their [budget reports to the Information Technology Commission
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prescribed] agency information technology plans required by Section [
63D-1-204
]
63D-1a-303
,
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report on the progress of compliance with Subsections (1) through (3).
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(4) A state entity is not required to provide a transaction through the Internet that is
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impractical, unreasonable, or not permitted by laws pertaining to privacy or security.
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Section 6.
Section
54-8b-2.5
is amended to read:
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54-8b-2.5. Report to governor and Legislature.
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Beginning October 15, 1998, and annually thereafter, the commission shall submit a
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report to the governor, Legislature, the Public Utilities and Technology Interim Committee, and
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[Information] Utah Technology Commission on the state of the telecommunications industry
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and make recommendations for any regulatory changes necessary to achieve the policy of the
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state as set forth in Section
54-8b-1.1
. The commission shall determine criteria to be used to
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evaluate the performance of price regulation and the information necessary to conduct the
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evaluation.
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Section 7.
Section
63-38-2
is amended to read:
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63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
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Appropriations based on current tax laws and not to exceed estimated revenues.
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(1) (a) The governor shall, within three days after the convening of the Legislature in
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the annual general session, submit a budget for the ensuing fiscal year by delivering it to the
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presiding officer of each house of the Legislature together with a schedule for all of the
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proposed appropriations of the budget, clearly itemized and classified.
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(b) The budget message shall include a projection of estimated revenues and
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expenditures for the next fiscal year.
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(2) At least 34 days before the submission of any budget, the governor shall deliver a
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confidential draft copy of his proposed budget recommendations to the Office of the
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Legislative Fiscal Analyst.
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(3) (a) The budget shall contain a complete plan of proposed expenditures and
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estimated revenues for the next fiscal year based upon the current fiscal year state tax laws and
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rates.
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(b) The budget may be accompanied by a separate document showing proposed
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expenditures and estimated revenues based on changes in state tax laws or rates.
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(4) The budget shall be accompanied by a statement showing:
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(a) the revenues and expenditures for the last fiscal year;
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(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and
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funds of the state;
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(c) an estimate of the state's financial condition as of the beginning and the end of the
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period covered by the budget;
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(d) a complete analysis of lease with an option to purchase arrangements entered into
231
by state agencies;
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(e) the recommendations for each state agency for new full-time employees for the next
233
fiscal year; which recommendation should be provided also to the State Building Board under
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Subsection
63A-5-103
(2);
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(f) any explanation the governor may desire to make as to the important features of the
236
budget and any suggestion as to methods for the reduction of expenditures or increase of the
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state's revenue; and
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(g) the information detailing certain regulatory fee increases required by Section
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63-38-3.2
.
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(5) The budget shall include an itemized estimate of the appropriations for:
241
(a) the Legislative Department as certified to the governor by the president of the
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Senate and the speaker of the House;
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(b) the Executive Department;
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(c) the Judicial Department as certified to the governor by the state court administrator;
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(d) payment and discharge of the principal and interest of the indebtedness of the state;
246
(e) the salaries payable by the state under the Utah Constitution or under law for the
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lease agreements planned for the next fiscal year;
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(f) other purposes that are set forth in the Utah Constitution or under law; and
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(g) all other appropriations.
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(6) Deficits or anticipated deficits shall be included in the budget.
251
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall
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require from the proper state officials, including public and higher education officials, all heads
253
of executive and administrative departments and state institutions, bureaus, boards,
254
commissions, and agencies expending or supervising the expenditure of the state moneys, and
255
all institutions applying for state moneys and appropriations, itemized estimates of revenues
256
and expenditures. [The entities required by this Subsection (7)(a)(i) to submit itemized
257
estimates of revenues and expenditures to the governor, shall also report to the Utah
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Information Technology Commission created in Title 63D, Chapter 1, Information Technology
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Act, before October 30 of each year. The report to the Information Technology Commission
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shall include the proposed information technology expenditures and objectives, the proposed
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appropriation requests and other sources of revenue necessary to fund the proposed
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expenditures and an analysis of:]
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[(A) the entity's need for appropriations for information technology;]
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[(B) how the entity's development of information technology coordinates with other
265
state or local government entities;]
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[(C) any performance measures used by the entity for implementing information
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technology goals; and]
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[(D) any efforts to develop public/private partnerships to accomplish information
269
technology goals.]
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(ii) (A) The governor may also require other information under these guidelines and at
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times as the governor may direct.
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(B) These guidelines may include a requirement for program productivity and
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performance measures, where appropriate, with emphasis on outcome indicators.
274
(b) The estimate for the Legislative Department as certified by the presiding officers of
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both houses shall be included in the budget without revision by the governor. [Before
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preparing the estimates for the Legislative Department, the Legislature shall report to the
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Information Technology Commission the proposed information technology expenditures and
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objectives, the proposed appropriation requests and other sources of revenue necessary to fund
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the proposed expenditures, including an analysis of:]
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[(i) the Legislature's implementation of information technology goals;]
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[(ii) any coordination of information technology with other departments of state and
282
local government;]
283
[(iii) any efforts to develop public/private partnerships to accomplish information
284
technology goals; and]
285
[(iv) any performance measures used by the entity for implementing information
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technology goals.]
287
(c) The estimate for the Judicial Department, as certified by the state court
288
administrator, shall also be included in the budget without revision, but the governor may make
289
separate recommendations on it. [Before preparing the estimates for the Judicial Department,
290
the state court administrator shall report to the Information Technology Commission the
291
proposed information technology expenditures and objectives, the proposed appropriation
292
requests and other sources of revenue necessary to fund the proposed expenditures, including
293
an analysis of:]
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[(i) the Judicial Department's information technology goals;]
295
[(ii) coordination of information technology statewide between all courts;]
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[(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and]
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[(iv) any performance measures used by the entity for implementing information
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technology goals.]
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[(d) Before preparing the estimates for the State Office of Education, the state
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superintendent shall report to the Information Technology Commission the proposed
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information technology expenditures and objectives, the proposed appropriation requests and
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other sources of revenue necessary to fund the proposed expenditures, including an analysis
304
of:]
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[(i) the Office of Education's information technology goals;]
306
[(ii) coordination of information technology statewide between all public schools;]
307
[(iii) any efforts to develop public/private partnerships to accomplish information
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technology goals; and]
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[(iv) any performance measures used by the Office of Education for implementing
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information technology goals.]
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[(e) Before preparing the estimates for the state system of Higher Education, the
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commissioner shall report to the Information Technology Commission the proposed
313
information technology expenditures and objectives, the proposed appropriation requests and
314
other sources of revenue necessary to fund the proposed expenditures, including an analysis
315
of:]
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[(i) Higher Education's information technology goals;]
317
[(ii) coordination of information technology statewide within the state system of higher
318
education;]
319
[(iii) any efforts to develop public/private partnerships to accomplish information
320
technology goals; and]
321
[(iv) any performance measures used by the state system of higher education for
322
implementing information technology goals.]
323
[(f)] (d) The governor may require the attendance at budget meetings of representatives
324
of public and higher education, state departments and institutions, and other institutions or
325
individuals applying for state appropriations.
326
[(g)] (e) The governor may revise all estimates, except those relating to the Legislative
327
Department, the Judicial Department, and those providing for the payment of principal and
328
interest to the state debt and for the salaries and expenditures specified by the Utah
329
Constitution or under the laws of the state.
330
(8) The total appropriations requested for expenditures authorized by the budget may
331
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
332
fiscal year.
333
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity
334
does not affect the budget itself or any other item in it.
335
(10) (a) In submitting the budgets for the Departments of Health and Human Services
336
and the Office of the Attorney General, the governor shall consider a separate recommendation
337
in his budget for funds to be contracted to:
338
(i) local mental health authorities under Section
62A-15-110
;
339
(ii) local substance abuse authorities under Section
62A-15-110
;
340
(iii) area agencies under Section
62A-3-104.2
;
341
(iv) programs administered directly by and for operation of the Divisions of Substance
342
Abuse and Mental Health and Aging and Adult Services;
343
(v) local health departments under Title 26A, Chapter 1, Local Health Departments;
344
and
345
(vi) counties for the operation of Children's Justice Centers under Section
67-5b-102
.
346
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the
347
governor shall consider an amount sufficient to grant local health departments, local mental
348
health authorities, local substance abuse authorities, and area agencies the same percentage
349
increase for wages and benefits that he includes in his budget for persons employed by the
350
state.
351
(c) If the governor does not include in his budget an amount sufficient to grant the
352
increase described in Subsection (10)(b), he shall include a message to the Legislature
353
regarding his reason for not including that amount.
354
(11) (a) In submitting the budget for the Division of Services for People with
355
Disabilities, the Division of Child and Family Services, and the Division of Youth Corrections
356
within the Department of Human Services, the governor shall consider an amount sufficient to
357
grant employees of corporations that provide direct services under contract with those
358
divisions, the same percentage increase for cost-of-living that he includes in his budget for
359
persons employed by the state.
360
(b) If the governor does not include in his budget an amount sufficient to grant the
361
increase described in Subsection (11)(a), he shall include a message to the Legislature
362
regarding his reason for not including that amount.
363
(12) (a) The Families, Agencies, and Communities Together Council may propose to
364
the governor under Subsection
63-75-4
(4)(e) a budget recommendation for collaborative
365
service delivery systems operated under Section
63-75-6.5
.
366
(b) The Legislature may, through a specific program schedule, designate funds
367
appropriated for collaborative service delivery systems operated under Section
63-75-6.5
.
368
(13) The governor shall include in his budget the state's portion of the budget for the
369
Utah Communications Agency Network established in Title 63C, Chapter 7, Utah
370
Communications Agency Network Act.
371
Section 8.
Section
63A-6-101.5
is enacted to read:
372
63A-6-101.5. Definitions.
373
As used in this chapter:
374
(1) "Chief information officer" means the chief information officer appointed under
375
Section
63D-1a-301
.
376
(2) "Commission" means the Utah Technology Commission created in Section
377
63D-1a-201
.
378
(3) "Computer center" means the location at which a central data processing platform is
379
managed to serve multiple executive branch agencies.
380
(4) "Data center" means a centralized repository for the storage, management, and
381
dissemination of data.
382
(5) "Director" means the director appointed in accordance with Section
63A-6-102
.
383
(6) "Division" means the Division of Information Technology Services created in
384
Section
63A-6-101
.
385
(7) "Executive branch agency" is as defined in Section
63D-1a-102
.
386
(8) "Executive branch strategic plan" is as defined in Section
63D-1a-102
.
387
(9) "Information technology" is as defined in Section
63D-1a-102
.
388
(10) "Telecommunications" means the transmission or reception of signs, signals,
389
writing, images, sounds, messages, data, or other information of any nature by wire, radio, light
390
waves, or other electromagnetic means.
391
Section 9.
Section
63A-6-103
is amended to read:
392
63A-6-103. Duties of the division.
393
The [Division of Information Technology Services] division shall:
394
(1) establish telecommunication system specifications and standards for use by [state
395
agencies;]:
396
(a) one or more executive branch agencies; or
397
(b) one or more entities that subscribe to the telecommunication systems in accordance
398
with Section
63A-6-106
;
399
(2) coordinate state telecommunication planning:
400
(a) in cooperation with:
401
(i) state telecommunication users; [and other departments and state agencies;]
402
(ii) executive branch agencies; and
403
(iii) other subscribers to the state's telecommunication systems; and
404
(b) subject to Section
63D-1a-307;
405
(3) coordinate the development and implementation of advanced state
406
telecommunication systems;
407
(4) provide [data processing and telecommunication] services including technical
408
assistance to [state agencies;]:
409
(a) (i) executive branch agencies; and
410
(ii) subscribers to the services; and
411
(b) related to:
412
(i) information technology; or
413
(ii) telecommunications;
414
(5) cooperate [with other federal, state, county, or city data processing and
415
telecommunication departments, divisions, sections, or units]:
416
(a) with:
417
(i) the federal government;
418
(ii) other state entities;
419
(iii) counties; and
420
(iv) municipalities;
421
(b) in the development, implementation, and maintenance of:
422
(i) governmental [data processing and] information technology; or
423
(ii) governmental telecommunication systems [in]; and
424
(c) (i) as part of a cooperative organization; or [otherwise;]
425
(ii) through means other than a cooperative organization;
426
(6) establish, operate, manage, and maintain [the central state computer center and]:
427
(a) one or more state data centers; and
428
(b) one or more regional computer centers;
429
(7) design, implement, and manage all state-owned, leased, or rented land mobile or
430
radio telecommunication systems [which] that are used in the delivery of services for state
431
government or its political subdivisions; [and]
432
(8) [coordinate the implementation of] in accordance with the executive branch
433
strategic plan, implement minimum standards to be used by the division for purposes of
434
compatibility of procedures, programming languages, codes, and media [to] that facilitate the
435
exchange of information within and among telecommunication systems[.]; and
436
(9) assist executive branch agencies in complying with the requirements of any rule
437
adopted by the chief information officer in accordance with Section
63D-1a-305
.
438
Section 10.
Section
63A-6-104
is amended to read:
439
63A-6-104. Delegation of division duties.
440
(1) [The] (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the
441
other provisions of this section, the director [of the Division of Information Technology
442
Services, with the approval of the executive director,] may delegate [the division's authority] a
443
function of the division:
444
(i) to [other state agencies and institutions]:
445
(A) another executive branch agency; or
446
(B) an institution of higher education; and
447
(ii) by:
448
(A) contract; or
449
(B) other means authorized by law[, if,].
450
(b) The director may delegate a function of the division as provided in Subsection
451
(1)(a) if:
452
(i) in the judgment of the director:
453
[(a)] (A) the [state] executive branch agency or institution of higher education has
454
requested that the [authority] function be delegated; and
455
[(b)] (B) the [state] executive branch agency or institution of higher education has the
456
necessary resources and skills to perform or control the [functions of the division] function to
457
be delegated; and
458
(ii) the executive director approves the delegation.
459
(2) The director may delegate [the division's authority] a function of the division only
460
when the delegation results in net cost savings or improved service delivery to the state as a
461
whole.
462
(3) The delegation of a function under this section shall:
463
(a) be in writing; and
464
(b) contain the following:
465
[(a)] (i) a precise definition of each function to be delegated;
466
[(b)] (ii) a clear description of the standards to be met in performing each function
467
delegated;
468
[(c)] (iii) a provision for periodic administrative audits by the Department of
469
Administrative Services; and
470
[(d)] (iv) a date on which the agreement shall terminate if the agreement has not been
471
previously terminated or renewed.
472
(4) An agreement to delegate functions to [a state] an executive branch agency or an
473
institution of higher education may be terminated by the department if the results of
474
administrative audits conducted by the department reveal a lack of compliance with the terms
475
of the agreement by the [state] executive branch agency or institution of higher education.
476
Section 11.
Section
63A-6-105
is amended to read:
477
63A-6-105. Duties of director -- Fees -- Rate Committee -- Advisory Committee.
478
(1) The director [of the Division of Information Technology Services] shall:
479
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective [data
480
processing] information technology and telecommunication services for:
481
(i) all [state] executive branch agencies [at the lowest practical cost]; and
482
(ii) entities that subscribe to the services in accordance with Section
63A-6-106
; and
483
(b) provide priority service to public safety agencies[; and].
484
[(c) provide a semiannual report to the chief information officer as provided in
485
Subsection
63D-1-301.5
(5).]
486
(2) The director may negotiate the purchase, lease, or rental of private or public [data
487
processing] information technology or telecommunication services or facilities.
488
(3) Where practical, efficient, and economically beneficial, the director shall use
489
existing private and public [data processing] information technology or telecommunication
490
resources.
491
[(4) The director shall prescribe a schedule of fees to be charged for all services
492
rendered to any state agency by the division that are equitable and sufficient to recover all the
493
costs of operation, including the cost of capital equipment and facilities.]
494
[(5)] (4) (a) [The] In accordance with Section
63D-1a-303
, the director shall provide
495
the chief information officer [and the state information technology review committee] a written
496
analysis of [each state agency's annual] any agency information technology plan provided to the
497
division.
498
[(b) That analysis shall:]
499
[(i) include an assessment of how the implementation of each plan will affect the costs,
500
operations, and the services of the Division of Information Technology Services and state
501
government; and]
502
[(ii) where appropriate, make alternative recommendations.]
503
(b) In accordance with Section
63D-1a-307
, the division shall submit the division's
504
agency information technology plan for approval by the chief information officer.
505
(5) (a) In accordance with this Subsection (5), the director shall prescribe a schedule of
506
fees for all services rendered by the division to:
507
(i) an executive branch entity; or
508
(ii) an entity that subscribes to services rendered by the division in accordance with
509
Section
63A-6-106
.
510
(b) Each fee included in the schedule of fees required by Subsection (5)(a) shall be:
511
(i) equitable; and
512
(ii) sufficient to recover all the costs of operation, including the cost of capital
513
equipment and facilities.
514
[(6) (a)] (c) Before charging [the fees] a fee to an executive branch agency, the director
515
shall obtain approval of the [fee schedules] schedule of fees described in Subsection (5)(a)
516
from the Rate Committee created in Subsection (5)(d).
517
(d) (i) There is created a Rate Committee which shall consist of:
518
[(i)] (A) the executive director;
519
[(ii)] (B) the director of the Division of Finance;
520
[(iii)] (C) the director of the Office of Planning and Budget;
521
[(iv)] (D) the chief information officer;
522
[(v)] (E) a representative of [the] executive branch agencies:
523
(I) appointed by the Rate Committee; and
524
(II) nominated by the [Information Technology Policy and Strategy Committee
525
established in Section
63D-1-302
] governor; and
526
[(vi)] (F) a representative of the executive branch agencies' administrative services
527
managers:
528
(I) appointed by the Rate Committee; and
529
(II) nominated by the agencies' administrative services managers coordination group.
530
[(b)] (ii) In appointing the agency representatives listed in [Subsection (6)(a)(v) and
531
(vi)] Subsections (5)(d)(i)(E) and (F), the Rate Committee shall appoint:
532
[(i)] (A) (I) one representative from a large agency; and
533
(II) one representative from a small agency; and
534
[(ii)] (B) the representatives described in Subsection (5)(d)(ii)(A) to four-year terms of
535
office, except that initially one of the appointments shall be for a two-year term in order to
536
stagger the appointments.
537
[(c)] (iii) In the event of a vacancy for any reason for a representative described in
538
Subsection (5)(d)(i)(E) or (F), the entity responsible for nominating the person who is vacating
539
the position shall provide new nominations to the Rate Committee to fill the unexpired term.
540
(e) Before charging a fee to a subscriber of services other than an executive branch
541
agency, the director shall provide a copy of the schedule of fees to the commission at least 60
542
days before the day on which the fee is charged.
543
[(d)] (f) When modifying [fees] a fee, the director shall attempt to provide sufficient
544
notice to [agencies and institutions] the entities that will be charged the modified fee so that
545
[they] the entities may reflect those fee changes in [their] the entities' budgets.
546
[(7)] (6) (a) The director shall create advisory committees composed of representatives
547
of user agencies.
548
(b) Those advisory committees may recommend policies and practices for the efficient
549
and effective operation of the division.
550
Section 12.
Section
63A-6-106
is amended to read:
551
63A-6-106. Subscription by state agencies and institutions.
552
(1) As used in this section:
553
[(a) "Telecommunications" means the transmission or reception of signs, signals,
554
writing, images, sounds, messages, data, or other information of any nature by wire, radio, light
555
waves, or other electromagnetic means.]
556
(a) "Information technology services" means services related to:
557
(i) information technology; or
558
(ii) information technology systems.
559
(b) "Telecommunications services [and support]" means providing the hardware,
560
software, maintenance, and upkeep of equipment used in telecommunications.
561
(2) [State agencies, after consultation with the state's chief information officer,] An
562
executive branch agency in accordance with its agency information technology plan may:
563
(a) subscribe to the telecommunications or information technology services provided
564
by the [Division of Information Technology Services or may] division; or
565
(b) contract with one or more alternate private providers of telecommunications or
566
information technology services if the agency determines that the purchase of [such] the
567
services from a private provider will:
568
(i) result in:
569
(A) cost savings[,];
570
(B) increased efficiency[,]; or
571
(C) improved quality of services [to the agency without impairing]; and
572
(ii) not impair the interoperability of the state's telecommunication services.
573
(3) An institution of higher education may subscribe to the services provided by the
574
division if:
575
(a) the president of the institution recommends that the institution subscribe to the
576
services of the division; and
577
(b) the Board of Regents determines that subscription to the services of the division
578
will result in cost savings or increased efficiency to the institution.
579
(4) The following may subscribe to telecommunications or information technology
580
services by requesting that the services be provided from the division:
581
(a) the legislative branch;
582
(b) the judicial branch; and
583
(c) the State Board of Education.
584
Section 13.
Section
63A-9-801
is amended to read:
585
63A-9-801. State surplus property program -- Definitions -- Administration.
586
(1) As used in this section:
587
(a) "Agency" means:
588
(i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
589
Control, Commerce, Community and Economic Development, Corrections, Workforce
590
Services, Health, Human Resource Management, Human Services, Insurance, Natural
591
Resources, Public Safety, and Transportation and the Labor Commission;
592
(ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
593
Victim Reparations, Rehabilitation, and Treasurer;
594
(iii) the Public Service Commission and State Tax Commission;
595
(iv) the State Boards of Education, Pardons and Parole, and Regents;
596
(v) the Career Service Review Board;
597
(vi) other state agencies designated by the governor;
598
(vii) the legislative branch, the judicial branch, and the State Board of Regents; and
599
(viii) an institution of higher education, its president, and its board of trustees for
600
purposes of Section
63A-9-802
.
601
(b) "Division" means the Division of Fleet Operations.
602
(c) "Information technology equipment" means any equipment that is designed to
603
electronically manipulate, store, or transfer any form of data.
604
(d) "Inventory property" means property in the possession of the division that is
605
available for purchase by an agency or the public.
606
(e) "Judicial district" means the geographic districts established by Section
78-1-2.1
.
607
(f) (i) "Surplus property" means property purchased by, seized by, or donated to, an
608
agency that the agency wishes to dispose of.
609
(ii) "Surplus property" does not mean real property.
610
(g) "Transfer" means transfer of surplus property without cash consideration.
611
(2) (a) The division shall make rules establishing a state surplus property program that
612
meets the requirements of this chapter by following the procedures and requirements of Title
613
63, Chapter 46a, Utah Administrative Rulemaking Act.
614
(b) Those rules shall include:
615
(i) a requirement prohibiting the transfer of surplus property from one agency to
616
another agency without written approval from the division;
617
(ii) procedures and requirements governing division administration requirements that
618
an agency must follow;
619
(iii) requirements governing purchase priorities;
620
(iv) requirements governing accounting, reimbursement, and payment procedures;
621
(v) procedures for collecting bad debts;
622
(vi) requirements and procedures for disposing of firearms;
623
(vii) the elements of the rates or other charges assessed by the division for services and
624
handling;
625
(viii) procedures governing the timing and location of public sales of inventory
626
property; and
627
(ix) procedures governing the transfer of information technology equipment by state
628
agencies directly to public schools.
629
(c) The division shall report all transfers of information technology equipment by state
630
agencies to public schools to the state's [Information] Utah Technology Commission and to the
631
Legislative Interim Education Committee at the end of each fiscal year.
632
(3) In creating and administering the program, the division shall:
633
(a) when conditions, inventory, and demand permit:
634
(i) establish facilities to store inventory property at geographically dispersed locations
635
throughout the state; and
636
(ii) hold public sales of property at geographically dispersed locations throughout the
637
state;
638
(b) establish, after consultation with the agency requesting the sale of surplus property,
639
the price at which the surplus property shall be sold; and
640
(c) transfer proceeds arising from the sale of state surplus property to the agency
641
requesting the sale in accordance with [the] Title 63, Chapter 38, Budgetary Procedures Act,
642
less an amount established by the division by rule to pay the costs of administering the surplus
643
property program.
644
(4) Unless specifically exempted from this chapter by explicit reference to this chapter,
645
each state agency shall dispose of and acquire surplus property only by participating in the
646
division's program.
647
Section 14.
Section
63D-1a-101
is enacted to read:
648
TITLE 63D. INFORMATION TECHNOLOGY ACT
649
CHAPTER 1a. STATE INFORMATION TECHNOLOGY ACT
650
Part 1. General Provisions
651
63D-1a-101. Title.
652
(1) This title is known as the "Information Technology Act."
653
(2) This chapter is known as the "State Information Technology Act."
654
Section 15.
Section
63D-1a-102
is enacted to read:
655
63D-1a-102. Definitions.
656
As used in this title:
657
(1) "Cabinet level officials" means executive directors of departments and others who
658
serve on the governor's cabinet.
659
(2) "Chief information officer" means the chief information officer appointed under
660
Section
63D-1a-301
.
661
(3) "Commission" means the Utah Technology Commission created in Section
662
63D-1a-201
.
663
(4) "Division" means the Division of Information Technology Services created in Title
664
63A, Chapter 6, Information Technology Services.
665
(5) (a) Except as provided in Subsection (5)(b), "executive branch agency" means an
666
agency or administrative subunit of state government.
667
(b) "Executive branch agency" does not include:
668
(i) the legislative branch;
669
(ii) the judicial branches;
670
(iii) the State Board of Education;
671
(iv) the Board of Regents; and
672
(v) institutions of higher education.
673
(6) "Executive branch strategic plan" means the executive branch strategic plan created
674
under Section
63D-1a-302
.
675
(7) "Information system" means a system designed, built, operated, and maintained:
676
(a) to collect, record, process, store, retrieve, and display information; and
677
(b) involving one or more of the following resources:
678
(i) people;
679
(ii) procedures; or
680
(iii) equipment.
681
(8) "Information technology" means all computerized and auxiliary automated
682
information handling, including:
683
(a) systems design and analysis;
684
(b) conversion of data;
685
(c) computer programming;
686
(d) information storage and retrieval;
687
(e) voice, radio, video, and data communications;
688
(f) requisite systems controls;
689
(g) simulation; and
690
(h) all related interactions between people and machines.
691
Section 16.
Section
63D-1a-201
is enacted to read:
692
Part 2. Utah Technology Commission
693
63D-1a-201. Creation -- Membership -- Appointment -- Staff.
694
(1) (a) There is created an independent commission to be known as the "Utah
695
Technology Commission."
696
(b) The commission shall be composed of 13 members appointed as follows:
697
(i) five members of the House of Representatives, appointed by the speaker of the
698
House, not more than two of whom shall be from the same political party;
699
(ii) three members of the Senate, appointed by the president of the Senate, not more
700
than two of whom shall be from the same political party;
701
(iii) the chief information officer;
702
(iv) a representative of the executive branch appointed by the governor;
703
(v) a representative of the judicial branch appointed by the Judicial Council;
704
(vi) a representative of public education appointed by the State Board of Education;
705
and
706
(vii) a representative of higher education appointed by the State Board of Regents.
707
(2) (a) The president of the Senate shall appoint a member of the commission who is a
708
legislator to serve as a chair of the commission.
709
(b) The speaker of the House shall appoint a member of the commission who is a
710
legislator to serve as a chair of the commission.
711
(3) (a) A majority of the members of the commission constitute a quorum.
712
(b) Action by a majority vote of a quorum of the commission constitutes an action by
713
the commission.
714
(4) (a) (i) A member of the commission who is a state government officer and
715
employee who does not receive salary, per diem, or expenses from the member's agency for the
716
member's service on the commission may receive per diem and expenses incurred in the
717
performance of the member's official duties from the commission at the rates established by the
718
Division of Finance under Sections
63A-3-106
and
63A-3-107
.
719
(ii) A member of the commission who is state government officer and employee may
720
decline to receive per diem and expenses for the member's service.
721
(b) Salaries and expenses of the members of the commission who are legislators shall
722
be paid in accordance with Section
36-2-2
and Legislative Joint Rule 15.03.
723
(c) (i) A member of the commission appointed to represent higher education who does
724
not receive salary, per diem, or expenses from the entity that the member represents may
725
receive per diem and expenses incurred in the performance of the member's official duties from
726
the commission at the rates established by the Division of Finance under Sections
63A-3-106
727
and
63A-3-107
.
728
(ii) A member of the commission appointed to represent higher education may decline
729
to receive per diem and expenses for the member's service.
730
(5) The Office of Legislative Research and General Counsel shall provide staffing for
731
the commission.
732
Section 17.
Section
63D-1a-202
is enacted to read:
733
63D-1a-202. Powers and duties of the commission -- Reporting.
734
(1) The commission may:
735
(a) study the present and future information technology needs of state government
736
including:
737
(i) making recommendations regarding the coordination and governance of the
738
information technology needs for:
739
(A) the executive, legislative, and judicial branches; and
740
(B) public and higher education;
741
(ii) in accordance with Part 4, Interbranch Coordination:
742
(A) with regard to the interbranch information technology coordination plan:
743
(I) participating in the interbranch information technology plan's preparation; and
744
(II) reviewing the interbranch information technology plan; and
745
(B) receiving reports regarding the information technology objectives of:
746
(I) the executive, legislative, and judicial branches; and
747
(II) public and higher education; and
748
(iii) making budget recommendations to:
749
(A) the Executive Appropriations Committee; and
750
(B) the appropriate appropriations subcommittees of the Executive Appropriations
751
Committee;
752
(b) make recommendations for promoting economic development of the technology
753
industry of Utah, including participating in joint meetings with the steering committee of the
754
Utah Technology Industry Council in accordance with Section
63D-1a-204
;
755
(c) study the present and future technology needs related to the state's economy and
756
quality of life of Utah's citizens, including soliciting and considering recommendations
757
regarding technology from:
758
(i) the governor;
759
(ii) the chief information officer;
760
(iii) the judicial branch;
761
(iv) public and higher education;
762
(v) the Legislature;
763
(vi) the business communities in the state; and
764
(vii) the general public; and
765
(d) review, analyze, and study any issue related to information technology that is of
766
interest to the commission.
767
(2) The commission shall:
768
(a) submit an annual report to the Legislature before each annual general session;
769
(b) submit the annual report required by Section
63D-1a-204
to:
770
(i) the governor; and
771
(ii) the Legislature; and
772
(c) if needed, prepare legislation concerning information technology for submission to
773
the Legislature for consideration by the Legislature in the Legislature's annual general session.
774
Section 18.
Section
63D-1a-203
is enacted to read:
775
63D-1a-203. Utah Technology Industry Council.
776
(1) As used in this section:
777
(a) "Council" means the Utah Technology Industry Council created by this section.
778
(b) "Technology industry business in this state" means a business that has as a primary
779
function the research, development, production, or marketing of technologies in technology
780
sectors including:
781
(i) aerospace;
782
(i) biotechnology or other technologies related to life sciences;
783
(ii) information technologies or other technologies related to information technologies;
784
or
785
(iii) other key technology industries sectors as the technology industries develop.
786
(2) (a) There is created a Utah Technology Industry Council to act as a body that
787
recommends policy to the commission.
788
(b) Subject to the requirements of this section, the council:
789
(i) shall be organized by the steering committee created under Subsection (3); and
790
(ii) operate in accordance with the charter that:
791
(A) is initially adopted by the steering committee in accordance with Subsection (4);
792
and
793
(B) amended as provided in the charter.
794
(c) A member of the council shall receive no compensation or benefits for the
795
member's services including per diem or expenses incurred in the performance of the member's
796
official duties on the council.
797
(3) (a) The steering committee described in Subsection (2) shall consist of eight
798
members:
799
(i) the executive director of the Department of Community and Economic
800
Development or the executive director's designee, provided that the designee is a senior officer
801
in the department; and
802
(ii) seven members appointed as follows:
803
(A) the speaker of the House of Representatives shall appoint two members who are
804
present or former senior:
805
(I) officers of technology industry businesses in the state; or
806
(II) executive directors of technology industry associations in this state;
807
(B) the president of the Senate shall appoint two members who are present or former:
808
(I) senior officers of technology industry businesses in the state; or
809
(II) executive directors of technology industry associations in this state;
810
(C) the governor shall appoint two members who are present or former:
811
(I) senior officers in technology industry businesses in the state; or
812
(II) executive directors of technology industry associations in this state; and
813
(D) the chair of the steering committee shall appoint a representative of political
814
subdivisions of the state who is an elected official in any Utah municipality or county.
815
(b) (i) The members of the steering committee shall elect a chair of the steering
816
committee from the steering committee by a majority vote.
817
(ii) The chair of the steering committee shall act as chair of the council.
818
(c) (i) Except as required by Subsection (3)(c)(ii), a member of the steering committee
819
appointed under Subsection (3)(a)(ii) shall be appointed to a term of four years.
820
(ii) Notwithstanding the requirements of Subsection (3)(c)(i), at the time of initial
821
appointment of the steering committee, the members of the steering committee shall create a
822
random process to adjust the length of terms of the initial members of the steering committee to
823
ensure that the terms of members are staggered so that approximately half of the steering
824
committee is appointed every two years.
825
(d) The Department of Community and Economic Development shall provide staff to:
826
(i) the steering committee; and
827
(ii) the council.
828
(4) The steering committee appointed under Subsection (3) shall adopt a charter for the
829
council by no later than July 1, 2003 that specifies:
830
(a) the number, terms, and appointment of voting members of the council, except that
831
the voting members of the council shall be:
832
(i) present or former senior officers of technology industry businesses in the state;
833
(ii) present or former executive directors of technology associations in the state; or
834
(iii) representatives of:
835
(A) state or local government; or
836
(B) public or higher education;
837
(b) the number, terms, and appointment of nonvoting members of the council;
838
(c) the term of the chair of the council;
839
(d) the process to be followed in creating any subcommittees of the council;
840
(e) the quorum requirements for the council or for subcommittees of the council to take
841
action;
842
(f) the processes to be followed to call a meeting of the council or a subcommittee of
843
the council, except that:
844
(i) any meeting of the council or a subcommittee of the council is subject to Title 52,
845
Chapter 4, Open and Public Meetings law;
846
(ii) members of the commission shall be provided notice of each meeting of the council
847
or of a subcommittee of the council; and
848
(iii) legislative members of the commission that attend a meeting of the council or a
849
subcommittee of the council:
850
(A) may not vote unless the legislator is a member of the council or the subcommittee;
851
and
852
(B) may receive a salary and expenses paid in accordance with Section
36-2-2
and
853
Legislative Joint Rule 15.03; and
854
(g) the process for amending the charter under which the council operates.
855
(5) The council may:
856
(a) conduct research or other studies to the extent that funding is available;
857
(b) review practices in the worldwide private and public sectors that could foster
858
technology business growth in the state;
859
(c) prepare an assessment of the current status of technology industries in the state
860
including:
861
(i) the needs of technology industries in the state; and
862
(ii) opportunities for future growth of technology industries in the state;
863
(d) develop a strategic plan as to:
864
(i) the future of technology industries in the state;
865
(ii) the future economic value technology industries can bring to the state; and
866
(iii) the future benefits technology industries can bring to the quality of life of the
867
citizens in the state;
868
(e) develop plans, including public and private sector initiatives, to meet any objectives
869
included in the strategic plan statement described in Subsection (5)(d), including proposals to
870
support the creation, retention, expansion, or attraction of technology industry businesses in the
871
state; and
872
(f) study other issues as directed by the commission related to economic development
873
of technology industries.
874
Section 19.
Section
63D-1a-204
is enacted to read:
875
63D-1a-204. Joint meetings of the commission and the steering committee --
876
Reporting.
877
(1) (a) The chairs of the commission shall call a joint meeting of the commission and
878
the steering committee of the council at least twice each year to discuss activities and
879
recommendations of the council.
880
(b) The chairs of the commission shall chair a joint meeting of the commission and
881
steering committee.
882
(c) At a joint meeting of the commission and the steering committee:
883
(i) the members of the commission and the steering committee may vote;
884
(ii) 11 members of the commission and the steering committee constitute a quorum;
885
and
886
(iii) an action by a majority vote of a quorum constitutes an action by the commission
887
and the steering committee.
888
(2) (a) The commission shall report annually regarding the results of the joint meetings
889
held in accordance with this section to:
890
(i) the governor; and
891
(ii) the Legislature.
892
(b) The report of the commission described in Subsection (2)(a) shall be made prior to
893
each annual general session of the Legislature.
894
(c) The report of the commission described in Subsection (2)(a) may include:
895
(i) a summary of the activities of the council as those activities were reported to the
896
commission; and
897
(ii) any of the following that were adopted at a joint meeting of the commission and the
898
steering committee that is held in accordance with Subsection (1):
899
(A) an assessment of the current status of technology industries in the state including:
900
(I) the successes and failures experienced by technology industries in the state;
901
(II) the needs of technology industries in the state; and
902
(III) opportunities for future growth of technology industries in the state;
903
(B) recommendations for how state government can use new or existing products and
904
services available from technology industry businesses in the state;
905
(C) a strategic plan for:
906
(I) the future of technology industries in the state;
907
(II) the economic value that technoloy industries can bring to the state in the future;
908
and
909
(III) the benefits that technology industries can bring to the quality of life of the
910
citizens in the state in the future;
911
(D) recommendations for any proposed legislation; and
912
(E) recommendations for any administrative changes in the executive branch.
913
Section 20.
Section
63D-1a-301
is enacted to read:
914
Part 3. Chief Information Officer
915
63D-1a-301. Chief information officer -- Appointment -- Powers -- Reporting.
916
(1) (a) The governor shall appoint a chief information officer with the consent of the
917
Senate.
918
(b) The chief information officer serves at the pleasure of the governor.
919
(c) The governor shall establish the chief information officer's salary within the salary
920
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
921
(2) The chief information officer shall:
922
(a) advise the governor on information technology policy; and
923
(b) perform those duties given the chief information officer by statute.
924
(3) (a) The chief information officer shall report annually to:
925
(i) the governor;
926
(ii) the commission; and
927
(iii) the Public Utilities and Technology Interim Committee.
928
(b) The report required under Subsection (3)(a) shall:
929
(i) summarize the state's current and projected use of information technology;
930
(ii) summarize the executive branch strategic plan including a description of major
931
changes in the executive branch strategic plan; and
932
(iii) provide a brief description of each state agency's information technology plan.
933
(4) To the extent permitted by the budget, the chief information officer may employ
934
staff.
935
Section 21.
Section
63D-1a-302
is enacted to read:
936
63D-1a-302. Executive branch information technology strategic plan.
937
(1) In accordance with this section, the chief information officer shall prepare an
938
executive branch information technology strategic plan:
939
(a) that complies with this chapter; and
940
(b) which may include:
941
(i) a strategic plan for the:
942
(A) interchange of information related to information technology between executive
943
branch agencies;
944
(B) coordination between executive branch agencies in the development and
945
maintenance of information technology and information systems including the coordination of
946
agency information technology plans described in Section
63D-1a-303
; and
947
(C) protection of the privacy of individuals who use state information technology or
948
information systems;
949
(ii) priorities for the development and implementation of information technology or
950
information systems including priorities determined on the basis of:
951
(A) the importance of the information technology or information system; and
952
(B) the time sequencing of the information technology or information system; and
953
(iii) promotes maximum use of existing state information technology resources.
954
(2) In the development of the executive branch strategic plan, the chief information
955
officer shall consult with all cabinet level officials.
956
(3) (a) Unless withdrawn by the chief information officer in accordance with
957
Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
958
which the executive branch strategic plan is submitted to:
959
(i) the governor; and
960
(ii) the commission.
961
(b) The chief information officer may withdraw the executive branch strategic plan
962
submitted under this Subsection (3) if the governor or chief information officer determines that
963
the executive branch strategic plan:
964
(i) should be modified; or
965
(ii) for any other reason should not take effect.
966
(c) Any amendment to the executive branch strategic plan is subject to this Subsection
967
(3) in the same manner as the executive branch strategic plan is subject to under this
968
Subsection (3).
969
(4) The executive branch strategic plan:
970
(a) is to be implemented by executive branch agencies through each executive branch
971
agency adopting an agency information technology plan in accordance with Section
972
63D-1a-303
; and
973
(b) may not include any requirement described in Subsection
63D-1a-305
(1) unless
974
that requirement has been adopted by rule in accordance with Section
63D-1a-305
.
975
Section 22.
Section
63D-1a-303
is enacted to read:
976
63D-1a-303. Agency information technology plans.
977
(1) Subject to Subsection (2), each executive branch agency shall submit an agency
978
information technology plan:
979
(a) at the department level:
980
(i) unless the governor requests that an agency information technology plan be
981
submitted by:
982
(A) a subunit of a department; or
983
(B) any executive branch agency other than a department; and
984
(ii) except that in addition to the Department of Administrative Services, the division
985
shall submit an agency information technology plan in accordance with Section
63D-1a-307
;
986
(b) to the chief information officer by no later than July 1 of each year;
987
(c) in the level of detail and format specified by the chief information officer by rule
988
made by the chief information officer in accordance with Section
63D-1a-305
; and
989
(d) that includes for the two fiscal years following the day on which the agency
990
information technology plan is submitted:
991
(i) the information technology objectives of the agency;
992
(ii) any performance measures used by the agency for implementing the agency's
993
information technology objectives;
994
(iii) any planned expenditures related to information technology;
995
(iv) the agency's need for appropriations for information technology;
996
(v) how the agency's development of information technology coordinates with other
997
state and local governmental entities;
998
(vi) any efforts the agency has taken to develop public and private partnerships to
999
accomplish the information technology objectives of the agency; and
1000
(vii) the efforts the executive branch agency has taken to comply with Section
1001
46-4-503
.
1002
(2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
1003
described in Subsection (1) shall comply with the executive branch strategic plan established in
1004
accordance with Section
63D-1a-302
.
1005
(b) If the executive branch agency submitting the agency information technology plan
1006
justifies the need to depart from the executive branch strategic plan, an agency information
1007
technology plan may depart from the executive branch strategic plan to the extent approved by
1008
the chief information officer.
1009
(3) (a) On receipt of a state agency information technology plan, the chief information
1010
officer shall provide a complete copy of the agency information technology plan to the
1011
division.
1012
(b) The division shall provide the chief information officer a written analysis of each
1013
agency information technology plan submitted to the division.
1014
(c) The analysis required by Subsection (3)(b) shall include:
1015
(i) an assessment of how the implementation of the agency information technology
1016
plan will affect the costs, operations, and services of:
1017
(A) the division; and
1018
(B) other executive branch agencies; and
1019
(ii) any recommended changes to the plan.
1020
(4) (a) The chief information officer shall review each agency information technology
1021
plan to determine:
1022
(i) (A) whether the agency information technology plan complies with the executive
1023
strategic plan; or
1024
(B) to the extent that the agency information technology plan does not comply with the
1025
executive strategic plan, whether the executive branch entity is justified in departing from the
1026
executive strategic plan;
1027
(ii) whether the agency information technology plan meets the information technology
1028
and other needs of:
1029
(A) the executive branch agency submitting the plan; and
1030
(B) the state.
1031
(b) In conducting the review required by Subsection (4)(a), the chief information
1032
officer shall consider the analysis submitted by the division under Subsection (3).
1033
(5) (a) After the chief information officer conducts the review described in Subsection
1034
(4) of an agency information technology plan, the chief information officer may:
1035
(i) approve the agency information technology plan;
1036
(ii) disapprove the agency information technology plan; or
1037
(iii) recommend modifications to the agency information technology plan.
1038
(6) An executive branch agency may not submit a request for appropriation related to
1039
information technology or an information technology system to the governor in accordance
1040
with Section
63-38-2
until after the executive branch agency's information technology plan is
1041
approved by the chief information officer.
1042
Section 23.
Section
63D-1a-304
is enacted to read:
1043
63D-1a-304. Monitoring acquisitions of information technology.
1044
(1) In accordance with Subsection (2), the chief information officer may monitor the
1045
acquisition by an executive branch agency of:
1046
(a) information technology equipment;
1047
(b) telecommunications equipment;
1048
(c) software; and
1049
(d) services related to the items listed in Subsections (1)(a) through (c).
1050
(2) In monitoring an acquisition described in Subsection (1), the chief information
1051
officer may:
1052
(a) determine whether the acquisition is in compliance with:
1053
(i) the executive strategic plan;
1054
(ii) the applicable agency information technology plan;
1055
(iii) the budget for the executive branch agency as adopted by the Legislature; and
1056
(iv) Title 63, Chapter 56, Utah Procurement Code; and
1057
(b) in accordance with Section
63D-1a-306
, encourage coordination of acquisitions
1058
between two or more executive branch agencies if it is in the best interests of the state.
1059
(3) Each executive branch entity shall provide the chief information officer with
1060
complete access to all information technology records, documents, and reports:
1061
(a) at the request of the chief information officer; and
1062
(b) related to the executive branch entity's acquisition of any item listed in Subsection
1063
(1).
1064
(4) The chief information officer and the Division of Purchasing and General Services
1065
shall work cooperatively to establish procedures under which the chief information officer may
1066
monitor acquisitions as provided in this section.
1067
Section 24.
Section
63D-1a-305
is enacted to read:
1068
63D-1a-305. Rulemaking -- Policies.
1069
(1) Subject to Subsection (2), in accordance with Title 63, Chapter 46a, Utah
1070
Administrative Rulemaking Act, the chief information officer may make rules that:
1071
(a) provide standards that impose requirements on executive branch agencies that are
1072
related to the security of the statewide area network;
1073
(b) specify the detail and format required in an agency information technology plan
1074
submitted in accordance with Section
63D-1a-303
;
1075
(c) provide for standards related to the privacy policies of websites operated by or on
1076
behalf of an executive state agency; or
1077
(d) provide for the acquisition, licensing, and sale of computer software.
1078
(2) (a) Notwithstanding Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1079
and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
1080
procedures to be followed by the chief information officer in facilitating the implementation of
1081
this chapter by executive branch agencies if the policy:
1082
(i) is consistent with the executive strategic plan;
1083
(ii) is not required to be made by rule under Subsection (1).
1084
(b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
1085
not take effect until 30 days after the day on which the chief information officer submits the
1086
policy to:
1087
(A) the governor; and
1088
(B) all cabinet level officials.
1089
(ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
1090
may review and comment on a policy submitted under Subsection (2)(b)(i).
1091
(3) (a) Notwithstanding Subsection (1), (2), or Title 63, Chapter 46a, Utah
1092
Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
1093
chief information officer may adopt a security procedure to be followed by executive branch
1094
agencies to protect the statewide area network if:
1095
(i) broad communication of the security procedure would create a significant potential
1096
for increasing the vulnerability of the statewide area network to breach or attack; and
1097
(ii) after consultation with the chief information officer, the governor agrees that broad
1098
communication of the security procedure would create a significant potential increase in the
1099
vulnerability of the statewide area network to breach or attack.
1100
(b) A security procedure described in Subsection (3)(a), is classified as a protected
1101
record under Title 63, Chapter 2, Government Records Access and Management Act.
1102
(c) The chief information officer shall provide a copy of the security procedure as a
1103
protected record to:
1104
(i) the judicial branch;
1105
(ii) the legislative branch;
1106
(iii) the Board of Regents; and
1107
(iv) the State Board of Education.
1108
Section 25.
Section
63D-1a-306
is enacted to read:
1109
63D-1a-306. Coordination within the executive branch -- Cooperation with other
1110
branches.
1111
(1) In accordance with the executive branch strategic plan, and in addition to the Utah
1112
Technology Infrastructure Innovation Program, the chief information officer shall coordinate
1113
the development of information technology or systems between two or more executive branch
1114
agencies subject to:
1115
(a) the budget approved by the Legislature; and
1116
(b) Title 63, Chapter 38, Budgetary Procedures Act.
1117
(2) In addition to the coordination described in Subsection (1), the chief information
1118
officer shall promote cooperation regarding information technology in a manner consistent
1119
with the interbranch coordination plan created in accordance with Part 4, Interbranch
1120
Coordination.
1121
Section 26.
Section
63D-1a-307
is enacted to read:
1122
63D-1a-307. Relationship with the division.
1123
(1) In accordance with this section, the division shall submit an agency information
1124
technology plan.
1125
(2) The agency information technology plan submitted by the division under this
1126
section shall include:
1127
(a) the information required by Section
63D-1a-303
;
1128
(b) a list of the services the division offers or plans to offer;
1129
(c) a description of the performance measures used by the division to measure the
1130
quality of the services described in Subsection (2)(b); and
1131
(d) a summary of the state telecommunication plans developed in accordance with
1132
Subsection
63A-6-103
(2).
1133
(3) (a) In submitting its agency information technology plan under this section, the
1134
division shall comply with Section
63D-1a-303
.
1135
(b) The agency information technology plan submitted by the division under this
1136
section is subject to the approval of the chief information officer as provided in Section
1137
63D-1a-303
.
1138
Section 27.
Section
63D-1a-308
is enacted to read:
1139
63D-1a-308. Facilitating the electronic delivery of government services.
1140
(1) The chief information officer shall:
1141
(a) inform each executive branch entity of the requirements of Section
46-4-503
;
1142
(b) in accordance with Section
63D-1a-306
, coordinate the efforts of state government
1143
to provide services and transactions through the Internet; and
1144
(c) subject to Subsection (2), coordinate the development of electronic authentication
1145
methods and technology needed to conduct electronic transactions between government and
1146
citizens or businesses.
1147
(2) (a) Subject to Subsection (2)(b), the chief information officer shall:
1148
(i) designate an existing state repository or create a new repository that is secure and
1149
central for the maintenance of any appropriate information relating to the issuance of digital
1150
certificates as provided in Section
46-3-601
;
1151
(ii) develop a digital certificate policy that includes:
1152
(A) indicating the level of identity verification necessary for digital certificates issued
1153
by any governmental entity to be valid for transacting business online with state agencies and
1154
political subdivisions;
1155
(B) requiring any certification authority from which the digital certificates are acquired
1156
to be licensed in the state pursuant to Title 46, Chapter 3, Utah Digital Signature Act;
1157
(C) providing for the security of the information in the repository, including who is
1158
permitted access to the information; and
1159
(D) indicating the appropriate use and retention of the information in the repository;
1160
(iii) assist governmental entities desiring to transact business with citizens
1161
electronically to develop programs using digital certificates; and
1162
(iv) designate the state repository pursuant to Section
46-3-601
.
1163
(b) Notwithstanding Subsection (2)(a), the Division of Corporations and Commercial
1164
Code has the responsibility for regulatory activities in Title 46, Chapter 3, Utah Digital
1165
Signature Act.
1166
Section 28.
Section
63D-1a-309
is enacted to read:
1167
63D-1a-309. Utah Technology Infrastructure Innovation Program.
1168
(1) There is created a program known as the "Utah Technology Infrastructure
1169
Innovation Program" to be administered by the chief information officer.
1170
(2) (a) The Utah Technology Infrastructure Innovation Program shall be funded from
1171
legislative appropriations made to the program.
1172
(b) Money in the Utah Technology Infrastructure Innovation Program shall be
1173
nonlapsing except that any monies in excess of $5,000,000 unexpended at the close of each
1174
fiscal year shall lapse into the General Fund.
1175
(3) Notwithstanding the provisions of Section
63-38-3
, the chief information officer:
1176
(a) may provide grants to one or more executive branch agencies for a single-agency or
1177
cross-agency technology innovation project as prescribed by Subsection (4); and
1178
(b) shall favor granting monies to executive branch agency technology innovation
1179
projects that can show clear cost savings to the state.
1180
(4) To receive funds for a proposed technology innovation project, an executive branch
1181
agency shall provide information to the chief information officer that clearly identifies any
1182
return on investment or cost savings that the state will experience if the proposed technology
1183
innovation project is implemented.
1184
Section 29.
Section
63D-1a-401
is enacted to read:
1185
Part 4. Interbranch Coordination
1186
63D-1a-401. Interbranch information technology coordination plan.
1187
(1) In accordance with this section, the chief information officer shall prepare an
1188
interbranch information technology coordination plan that provides for the coordination where
1189
possible of the development, acquisition, and maintenance of information technology and
1190
information systems of:
1191
(a) the executive branch;
1192
(b) the judicial branch;
1193
(c) the legislative branch;
1194
(d) the Board of Regents; and
1195
(e) the State Board of Education.
1196
(2) In the development of the interbranch coordination plan, the chief information
1197
officer shall consult with:
1198
(a) the entities described in Subsection (1); and
1199
(b) the commission.
1200
(3) The interbranch coordination plan:
1201
(a) is an advisory document; and
1202
(b) does not bind any entity described in Subsection (1).
1203
(4) (a) The chief information officer shall submit the interbranch coordination plan to
1204
the commission for comment.
1205
(b) The chief information officer may modify the interbranch coordination plan:
1206
(i) at the request of the commission; or
1207
(ii) to improve the coordination between the entities described in Subsection (1).
1208
(c) Any amendment to the interbranch coordination plan is subject to this Subsection
1209
(4) in the same manner as the interbranch coordination plan is subject to this Subsection (4).
1210
Section 30.
Section
63D-1a-402
is enacted to read:
1211
63D-1a-402. Reporting on information technology objectives.
1212
(1) In a manner consistent with the interbranch coordination plan, the reports described
1213
in Subsection (2) shall be made to the commission by no later than October 30 of each year.
1214
(2) In accordance with Subsection (1):
1215
(a) the chief information officer shall:
1216
(i) provide to the commission:
1217
(A) a copy of each agency information technology plan approved by the chief
1218
information officer; or
1219
(B) an explanation as to why an agency information technology plan has not been
1220
approved by the chief information officer; and
1221
(ii) report to the commission each request for appropriation included in an agency
1222
information technology plan;
1223
(b) the legislative branch shall annually report to the commission the Legislature's:
1224
(i) proposed information technology objectives;
1225
(ii) efforts to implement its information technology objectives;
1226
(iii) efforts to coordinate its information technology objectives with other departments
1227
of state and local government; and
1228
(iv) efforts to develop public and private partnerships to accomplish its information
1229
technology objectives;
1230
(c) the state court administrator or the state court administrator's designee shall report
1231
to the commission the judicial branch's:
1232
(i) proposed information technology objectives;
1233
(ii) efforts to implement its information technology objectives;
1234
(iii) efforts to coordinate its information technology objectives with other departments
1235
of state and local government; and
1236
(iv) efforts to develop public and private partnerships to accomplish its information
1237
technology objectives;
1238
(d) the state superintendent or the state superintendent's designee shall report to the
1239
commission the State Office of Education's:
1240
(i) proposed information technology objectives;
1241
(ii) efforts to implement its information technology objectives;
1242
(iii) efforts to coordinate its information technology objectives with other departments
1243
of state and local government; and
1244
(iv) efforts to develop public and private partnerships to accomplish its information
1245
technology objectives; and
1246
(e) the commissioner of higher education or the commissioner of higher education's
1247
designee shall report to the commission the state system of higher education's:
1248
(i) proposed information technology objectives;
1249
(ii) efforts to implement its information technology objectives;
1250
(iii) efforts to coordinate its information technology objectives with other departments
1251
of state and local government; and
1252
(iv) efforts to develop public and private partnerships to accomplish its information
1253
technology objectives.
1254
Section 31.
Section
63D-1a-403
is enacted to read:
1255
63D-1a-403. Liaisons with the chief information officer.
1256
In a manner consistent with the interbranch coordination plan created in accordance
1257
with Section
63D-1a-401
, the chief information officer shall maintain liaisons with:
1258
(1) the judicial branch;
1259
(2) the legislative branch;
1260
(3) the Board of Regents;
1261
(4) the State Board of Education;
1262
(5) local government;
1263
(6) the federal government;
1264
(7) business and industry; and
1265
(8) those members of the public who use information technology or systems of the
1266
state.
1267
Section 32.
Section
67-1-14
is enacted to read:
1268
67-1-14. Information technology.
1269
The governor shall review the executive branch strategic plan submitted to the governor
1270
by the chief information officer in accordance with Section
63D-1a-302
.
1271
Section 33. Repealer.
1272
This act repeals:
1273
Section 63D-1-101, Title.
1274
Section 63D-1-102, Title -- Chapter 1.
1275
Section 63D-1-103, Policy statement.
1276
Section 63D-1-104, Definitions.
1277
Section 63D-1-201, Title -- Part 2.
1278
Section 63D-1-202, Creation -- Membership -- Appointment.
1279
Section 63D-1-203, Terms of members -- Vacancies -- Term limitation.
1280
Section 63D-1-204, Purpose -- Duties -- Quorum.
1281
Section 63D-1-205, Compensation of members -- Reports to the Legislature --
1282
Publication of reports.
1283
Section 63D-1-206, Staffing.
1284
Section 63D-1-301, Chief information officer -- Appointment -- Salary.
1285
Section 63D-1-301.5, Chief information officer -- Duties.
1286
Section 63D-1-302, Information Technology Policy and Strategy Committee --
1287
Membership -- Chair -- Duties.
1288
Section 63D-1-303, Executive committee -- Membership -- Chair.
1289
Section 63D-1-304, Utah Technology Infrastructure Innovation Program.
Legislative Review Note
as of 2-24-03 9:27 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.