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H.B. 109
1
INFORMATION TECHNOLOGY GOVERNANCE
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AMENDMENTS
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David Clark
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LONG TITLE
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General Description:
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This bill consolidates information technology services and governance in the executive
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branch of state government into one department.
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Highlighted Provisions:
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This bill:
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. phases out the existing information technology governance structure in the
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executive branch of state government over a one-year period;
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. creates the Department of Technology Services which includes:
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. an executive director, who serves as the chief information officer;
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. the Division of Enterprise Technology;
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. the Division of Integrated Technology including the Automated Geographic
19
Reference Center; and
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. the Division of Agency Services;
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. funds the department through an internal service fund;
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. maintains merit status for employees whose functions are transferred to the
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department, and requires nonmerit status for an employee who is hired for a new
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position with the department;
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. defines terms;
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. establishes the purpose and duties of the department;
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. creates an advisory board to the department and defines its duties;
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. requires an annual executive branch strategic technology plan;
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. requires annual agency information technology plans;
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. requires the approval of certain technology procurement by the chief information
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officer;
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. gives rulemaking authority to the executive director of the department;
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. requires the chief information officer to coordinate the development of technology
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between executive branch agencies;
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. authorizes the chief information officer to delegate functions of the department to
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an agency under certain conditions;
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. authorizes the chief information officer to assign department staff to work in-house
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for an executive branch agency;
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. establishes a rate committee;
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. requires executive branch agencies to subscribe to services of the department and
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permits other branches and public and higher education to subscribe to services of
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the department;
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. establishes the duties of the Division of Enterprise Technology;
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. establishes the duties of the Division of Integrated Technology;
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. transfers the Automated Geographic Reference Center to the department;
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. establishes the duties of the Division of Agency Services;
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. establishes the process and authority for the transition of the technology assets and
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functions in the executive branch of government into the Department of Technology
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Services;
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. repeals the Division of Information Technology Services on July 1, 2006;
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. amends state officers compensation to add the director of the department; and
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. makes conforming and technical amendments.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides an effective date.
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This bill provides revisor instructions.
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Utah Code Sections Affected:
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AMENDS:
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10-9-301.5, as enacted by Chapter 99, Laws of Utah 2004
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11-36-201, as last amended by Chapter 99, Laws of Utah 2004
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17-27-301.5, as enacted by Chapter 99, Laws of Utah 2004
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17A-2-104, as enacted by Chapter 99, Laws of Utah 2004
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17B-2-104, as enacted by Chapter 99, Laws of Utah 2004
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20A-5-303, as last amended by Chapter 1, Laws of Utah 2003, Second Special Session
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20A-13-104, as last amended by Chapter 225, Laws of Utah 2002
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20A-14-102.2, as last amended by Chapter 225, Laws of Utah 2002
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36-1-105, as last amended by Chapter 225, Laws of Utah 2002
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36-1-204, as last amended by Chapter 225, Laws of Utah 2002
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46-3-601, as last amended by Chapter 209, Laws of Utah 2003
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46-3-602, as last amended by Chapter 209, Laws of Utah 2003
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46-4-501, as last amended by Chapter 209, Laws of Utah 2003
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46-4-503, as last amended by Chapters 90 and 120, Laws of Utah 2004
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53-1-106, as last amended by Chapter 131, Laws of Utah 2003
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53-10-601, as enacted by Chapter 313, Laws of Utah 2004
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53-10-605, as enacted by Chapter 313, Laws of Utah 2004
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53A-2-123, as enacted by Chapter 99, Laws of Utah 2004
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54-3-28, as enacted by Chapter 99, Laws of Utah 2004
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63-55b-163, as last amended by Chapters 37, 90 and 156, Laws of Utah 2004
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63-56-9, as last amended by Chapter 35, Laws of Utah 2004
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63A-1-108, as renumbered and amended by Chapter 212, Laws of Utah 1993
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63A-1-109, as last amended by Chapter 356, Laws of Utah 2004
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63A-1-114, as enacted by Chapter 34, Laws of Utah 2004
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63A-6-101.5, as enacted by Chapter 209, Laws of Utah 2003
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63A-6-103, as last amended by Chapter 209, Laws of Utah 2003
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63A-6-105, as last amended by Chapters 34 and 35, Laws of Utah 2004
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63D-1a-102, as enacted by Chapter 209, Laws of Utah 2003
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67-1-14, as enacted by Chapter 209, Laws of Utah 2003
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67-19-15, as last amended by Chapter 213, Laws of Utah 1997
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67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
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72-5-304, as renumbered and amended by Chapter 270, Laws of Utah 1998
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ENACTS:
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63F-1-101, Utah Code Annotated 1953
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63F-1-102, Utah Code Annotated 1953
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63F-1-103, Utah Code Annotated 1953
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63F-1-104, Utah Code Annotated 1953
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63F-1-105, Utah Code Annotated 1953
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63F-1-106, Utah Code Annotated 1953
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63F-1-107, Utah Code Annotated 1953
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63F-1-201, Utah Code Annotated 1953
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63F-1-202, Utah Code Annotated 1953
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63F-1-203, Utah Code Annotated 1953
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63F-1-204, Utah Code Annotated 1953
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63F-1-205, Utah Code Annotated 1953
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63F-1-206, Utah Code Annotated 1953
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63F-1-207, Utah Code Annotated 1953
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63F-1-208, Utah Code Annotated 1953
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63F-1-209, Utah Code Annotated 1953
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63F-1-301, Utah Code Annotated 1953
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63F-1-302, Utah Code Annotated 1953
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63F-1-303, Utah Code Annotated 1953
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63F-1-401, Utah Code Annotated 1953
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63F-1-402, Utah Code Annotated 1953
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63F-1-403, Utah Code Annotated 1953
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63F-1-404, Utah Code Annotated 1953
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63F-1-501, Utah Code Annotated 1953
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63F-1-502, Utah Code Annotated 1953
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63F-1-503, Utah Code Annotated 1953
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63F-1-504, Utah Code Annotated 1953
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63F-1-505, Utah Code Annotated 1953
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63F-1-601, Utah Code Annotated 1953
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63F-1-602, Utah Code Annotated 1953
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63F-1-603, Utah Code Annotated 1953
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63F-1-604, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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63A-6-108, (Renumbered from 63D-1a-307, as enacted by Chapter 209, Laws of Utah
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2003)
128
63F-1-506, (Renumbered from 63A-6-202, as enacted by Chapter 212, Laws of Utah
129
1993)
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63F-1-507, (Renumbered from 63A-6-203, as last amended by Chapter 225, Laws of
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Utah 2002)
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63F-1-508, (Renumbered from 63A-6-204, as enacted by Chapter 375, Laws of Utah
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1999)
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REPEALS:
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63A-6-201, as renumbered and amended by Chapter 212, Laws of Utah 1993
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63D-1a-301, as enacted by Chapter 209, Laws of Utah 2003
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63D-1a-302, as enacted by Chapter 209, Laws of Utah 2003
138
63D-1a-303, as enacted by Chapter 209, Laws of Utah 2003
139
63D-1a-304, as enacted by Chapter 209, Laws of Utah 2003
140
63D-1a-305, as enacted by Chapter 209, Laws of Utah 2003
141
63D-1a-306, as enacted by Chapter 209, Laws of Utah 2003
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63D-1a-308, as enacted by Chapter 209, Laws of Utah 2003
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63D-1a-309, as enacted by Chapter 209, Laws of Utah 2003
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Uncodified Material Affected:
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ENACTS UNCODIFIED MATERIAL
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-9-301.5
is amended to read:
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10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
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plan in certain municipalities.
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(1) As used in this section:
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(a) (i) "Affected entity" means each county, municipality, independent special district
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under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
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Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
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11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
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(A) whose services or facilities are likely to require expansion or significant
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modification because of an intended use of land; or
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(B) that has filed with the municipality a copy of the entity's general or long-range
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plan.
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(ii) "Affected entity" does not include the municipality that is required under this
161
section to provide notice.
162
(b) "Specified public utility" means an electrical corporation, gas corporation, or
163
telephone corporation, as those terms are defined in Section
54-2-1
.
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(2) Before preparing a proposed general plan or amendments to an existing general
165
plan, each municipality within a county of the first or second class shall provide written notice,
166
as provided in this section, of its intent to prepare a proposed general plan or amendments to a
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general plan.
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(3) Each notice under Subsection (2) shall:
169
(a) indicate that the municipality intends to prepare a general plan or amendments to a
170
general plan, as the case may be;
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(b) describe or provide a map of the geographic area that will be affected by the general
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plan or amendments to a general plan;
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(c) be sent to:
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(i) each affected entity;
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(ii) the Automated Geographic Reference Center created in Section [
63A-6-202
]
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63F-1-506
;
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(iii) the association of governments, established pursuant to an interlocal agreement
178
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
179
and
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(iv) the state planning coordinator appointed under Section
63-38d-202
;
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(d) with respect to the notice to affected entities, invite the affected entities to provide
182
information for the municipality to consider in the process of preparing, adopting, and
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implementing a general plan or amendments to a general plan concerning:
184
(i) impacts that the use of land proposed in the proposed general plan or amendments
185
to a general plan may have on the affected entity; and
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(ii) uses of land within the municipality that the affected entity is planning or
187
considering that may conflict with the proposed general plan or amendments to the general
188
plan; and
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(e) include the address of an Internet website, if the municipality has one, and the name
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and telephone number of a person where more information can be obtained concerning the
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municipality's proposed general plan or amendments to a general plan.
192
Section 2.
Section
11-36-201
is amended to read:
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11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
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Summary -- Exemptions.
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(1) (a) Each local political subdivision and private entity shall comply with the
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requirements of this chapter before establishing or modifying any impact fee.
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(b) A local political subdivision may not:
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(i) establish any new impact fees that are not authorized by this chapter; or
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(ii) impose or charge any other fees as a condition of development approval unless
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those fees are a reasonable charge for the service provided.
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(c) Notwithstanding any other requirements of this chapter, each local political
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subdivision shall ensure that each existing impact fee that is charged for any public facility not
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authorized by Subsection
11-36-102
(12) is repealed by July 1, 1995.
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(d) (i) Existing impact fees for public facilities authorized in Subsection
11-36-102
(12)
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that are charged by local political subdivisions need not comply with the requirements of this
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chapter until July 1, 1997.
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(ii) By July 1, 1997, each local political subdivision shall:
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(A) review any impact fees in existence as of the effective date of this act, and prepare
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and approve the analysis required by this section for each of those impact fees; and
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(B) ensure that the impact fees comply with the requirements of this chapter.
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(2) (a) Before imposing impact fees, each local political subdivision shall prepare a
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capital facilities plan.
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(b) (i) As used in this Subsection (2)(b):
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(A) (I) "Affected entity" means each county, municipality, independent special district
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under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
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Chapter 2, Local Districts, school district, interlocal cooperation entity established under
217
Chapter 13, Interlocal Cooperation Act, and specified public utility:
218
(Aa) whose services or facilities are likely to require expansion or significant
219
modification because of the facilities proposed in the proposed capital facilities plan; or
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(Bb) that has filed with the local political subdivision or private entity a copy of the
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general or long-range plan of the county, municipality, independent special district, local
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district, school district, interlocal cooperation entity, or specified public utility.
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(II) "Affected entity" does not include the local political subdivision or private entity
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that is required under this Subsection (2) to provide notice.
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(B) "Specified public utility" means an electrical corporation, gas corporation, or
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telephone corporation, as those terms are defined in Section
54-2-1
.
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(ii) Before preparing a capital facilities plan for facilities proposed on land located
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within a county of the first or second class, each local political subdivision and each private
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entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
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a capital facilities plan.
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(iii) Each notice under Subsection (2)(b)(ii) shall:
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(A) indicate that the local political subdivision or private entity intends to prepare a
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capital facilities plan;
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(B) describe or provide a map of the geographic area where the proposed capital
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facilities will be located;
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(C) be sent to:
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(I) each county in whose unincorporated area and each municipality in whose
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boundaries is located the land on which the proposed facilities will be located;
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(II) each affected entity;
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(III) the Automated Geographic Reference Center created in Section [
63A-6-202
]
241
63F-1-506
;
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(IV) the association of governments, established pursuant to an interlocal agreement
243
under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
244
be located; and
245
(V) the state planning coordinator appointed under Section
63-38d-202
; and
246
(D) with respect to the notice to affected entities, invite the affected entities to provide
247
information for the local political subdivision or private entity to consider in the process of
248
preparing, adopting, and implementing a capital facilities plan concerning:
249
(I) impacts that the facilities proposed in the capital facilities plan may have on the
250
affected entity; and
251
(II) facilities or uses of land that the affected entity is planning or considering that may
252
conflict with the facilities proposed in the capital facilities plan.
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(c) The plan shall identify:
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(i) demands placed upon existing public facilities by new development activity; and
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(ii) the proposed means by which the local political subdivision will meet those
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demands.
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(d) Municipalities and counties need not prepare a separate capital facilities plan if the
258
general plan required by Sections
10-9-301
and
17-27-301
contains the elements required by
259
Subsection (2)(c).
260
(e) (i) If a local political subdivision prepares an independent capital facilities plan
261
rather than including a capital facilities element in the general plan, the local political
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subdivision shall, before adopting the capital facilities plan:
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(A) give public notice of the plan according to this Subsection (2)(e);
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(B) at least 14 days before the date of the public hearing:
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(I) make a copy of the plan, together with a summary designed to be understood by a
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lay person, available to the public; and
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(II) place a copy of the plan and summary in each public library within the local
268
political subdivision; and
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(C) hold a public hearing to hear public comment on the plan.
270
(ii) Municipalities shall comply with the notice and hearing requirements of, and,
271
except as provided in Subsection
11-36-401
(4)(f), receive the protections of, Subsections
272
10-9-103
(2) and
10-9-402
(2).
273
(iii) Counties shall comply with the notice and hearing requirements of, and, except as
274
provided in Subsection
11-36-401
(4)(f), receive the protections of, Subsections
17-27-103
(2)
275
and
17-27-402
(2).
276
(iv) Special districts and private entities shall comply with the notice and hearing
277
requirements of, and receive the protections of, Section
17A-1-203
.
278
(v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
279
Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning
280
commission in the capital facilities planning process.
281
(f) (i) Local political subdivisions with a population or serving a population of less
282
than 5,000 as of the last federal census need not comply with the capital facilities plan
283
requirements of this part, but shall ensure that the impact fees imposed by them are based upon
284
a reasonable plan.
285
(ii) Subsection (2)(f)(i) does not apply to private entities.
286
(3) In preparing the plan, each local political subdivision shall generally consider all
287
revenue sources, including impact fees, to finance the impacts on system improvements.
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(4) A local political subdivision may only impose impact fees on development
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activities when its plan for financing system improvements establishes that impact fees are
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necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
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future, in comparison to the benefits already received and yet to be received.
292
(5) (a) Each local political subdivision imposing impact fees shall prepare a written
293
analysis of each impact fee that:
294
(i) identifies the impact on system improvements required by the development activity;
295
(ii) demonstrates how those impacts on system improvements are reasonably related to
296
the development activity;
297
(iii) estimates the proportionate share of the costs of impacts on system improvements
298
that are reasonably related to the new development activity; and
299
(iv) based upon those factors and the requirements of this chapter, identifies how the
300
impact fee was calculated.
301
(b) In analyzing whether or not the proportionate share of the costs of public facilities
302
are reasonably related to the new development activity, the local political subdivision shall
303
identify, if applicable:
304
(i) the cost of existing public facilities;
305
(ii) the manner of financing existing public facilities, such as user charges, special
306
assessments, bonded indebtedness, general taxes, or federal grants;
307
(iii) the relative extent to which the newly developed properties and the other
308
properties in the municipality have already contributed to the cost of existing public facilities,
309
by such means as user charges, special assessments, or payment from the proceeds of general
310
taxes;
311
(iv) the relative extent to which the newly developed properties and the other
312
properties in the municipality will contribute to the cost of existing public facilities in the
313
future;
314
(v) the extent to which the newly developed properties are entitled to a credit because
315
the municipality is requiring their developers or owners, by contractual arrangement or
316
otherwise, to provide common facilities, inside or outside the proposed development, that have
317
been provided by the municipality and financed through general taxation or other means, apart
318
from user charges, in other parts of the municipality;
319
(vi) extraordinary costs, if any, in servicing the newly developed properties; and
320
(vii) the time-price differential inherent in fair comparisons of amounts paid at
321
different times.
322
(c) Each local political subdivision that prepares a written analysis under this
323
Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
324
designed to be understood by a lay person.
325
(6) Each local political subdivision that adopts an impact fee enactment under Section
326
11-36-202
on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
327
to each public library within the local political subdivision:
328
(a) a copy of the written analysis required by Subsection (5)(a); and
329
(b) a copy of the summary required by Subsection (5)(c).
330
(7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
331
impact fee in effect on the effective date of this act that is pledged as a source of revenues to
332
pay bonded indebtedness that was incurred before the effective date of this act.
333
Section 3.
Section
17-27-301.5
is amended to read:
334
17-27-301.5. Notice of intent to prepare a general plan or amendments to a
335
general plan in certain counties.
336
(1) As used in this section:
337
(a) (i) "Affected entity" means each county, municipality, independent special district
338
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
339
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
340
11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
341
(A) whose services or facilities are likely to require expansion or significant
342
modification because of an intended use of land; or
343
(B) that has filed with the county a copy of the entity's general or long-range plan.
344
(ii) "Affected entity" does not include the county that is required under this section to
345
provide notice.
346
(b) "Specified public utility" means an electrical corporation, gas corporation, or
347
telephone corporation, as those terms are defined in Section
54-2-1
.
348
(2) Before preparing a proposed general plan or amendments to an existing general
349
plan, each county of the first or second class shall provide written notice, as provided in this
350
section, of its intent to prepare a proposed general plan or amendments to a general plan.
351
(3) Each notice under Subsection (2) shall:
352
(a) indicate that the county intends to prepare a general plan or amendments to a
353
general plan, as the case may be;
354
(b) describe or provide a map of the geographic area that will be affected by the general
355
plan or amendments to a general plan;
356
(c) be sent to:
357
(i) each affected entity;
358
(ii) the Automated Geographic Reference Center created in Section [
63A-6-202
]
359
63F-1-506
;
360
(iii) the association of governments, established pursuant to an interlocal agreement
361
under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
362
(iv) the state planning coordinator appointed under Section
63-38d-202
;
363
(d) with respect to the notice to affected entities, invite the affected entities to provide
364
information for the county to consider in the process of preparing, adopting, and implementing
365
a general plan or amendments to a general plan concerning:
366
(i) impacts that the use of land proposed in the proposed general plan or amendments
367
to a general plan may have on the affected entity; and
368
(ii) uses of land within the county that the affected entity is planning or considering
369
that may conflict with the proposed general plan or amendments to the general plan; and
370
(e) include the address of an Internet website, if the county has one, and the name and
371
telephone number of a person where more information can be obtained concerning the county's
372
proposed general plan or amendments to a general plan.
373
Section 4.
Section
17A-2-104
is amended to read:
374
17A-2-104. Notice before preparing or amending a long-range plan or acquiring
375
certain property.
376
(1) As used in this section:
377
(a) (i) "Affected entity" means each county, municipality, independent special district
378
under this chapter, local district under Title 17B, Chapter 2, Local Districts, school district,
379
interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
380
and specified public utility:
381
(A) whose services or facilities are likely to require expansion or significant
382
modification because of an intended use of land; or
383
(B) that has filed with the independent special district a copy of the general or
384
long-range plan of the county, municipality, independent special district, local district, school
385
district, interlocal cooperation entity, or specified public utility.
386
(ii) "Affected entity" does not include the independent special district that is required
387
under this section to provide notice.
388
(b) "Specified public utility" means an electrical corporation, gas corporation, or
389
telephone corporation, as those terms are defined in Section
54-2-1
.
390
(2) (a) If an independent special district under this chapter located in a county of the
391
first or second class prepares a long-range plan regarding its facilities proposed for the future or
392
amends an already existing long-range plan, the independent special district shall, before
393
preparing a long-range plan or amendments to an existing long-range plan, provide written
394
notice, as provided in this section, of its intent to prepare a long-range plan or to amend an
395
existing long-range plan.
396
(b) Each notice under Subsection (2) shall:
397
(i) indicate that the independent special district intends to prepare a long-range plan or
398
to amend a long-range plan, as the case may be;
399
(ii) describe or provide a map of the geographic area that will be affected by the
400
long-range plan or amendments to a long-range plan;
401
(iii) be sent to:
402
(A) each county in whose unincorporated area and each municipality in whose
403
boundaries is located the land on which the proposed long-range plan or amendments to a
404
long-range plan are expected to indicate that the proposed facilities will be located;
405
(B) each affected entity;
406
(C) the Automated Geographic Reference Center created in Section [
63A-6-202
]
407
63F-1-506
;
408
(D) each association of governments, established pursuant to an interlocal agreement
409
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
410
described in Subsection (2)(b)(iii)(A) is a member; and
411
(E) the state planning coordinator appointed under Section
63-38d-202
;
412
(iv) with respect to the notice to counties and municipalities described in Subsection
413
(2)(b)(iii)(A) and affected entities, invite them to provide information for the independent
414
special district to consider in the process of preparing, adopting, and implementing the
415
long-range plan or amendments to a long-range plan concerning:
416
(A) impacts that the use of land proposed in the proposed long-range plan or
417
amendments to a long-range plan may have on the county, municipality, or affected entity; and
418
(B) uses of land that the county, municipality, or affected entity is planning or
419
considering that may conflict with the proposed long-range plan or amendments to a long-range
420
plan; and
421
(v) include the address of an Internet website, if the independent special district has
422
one, and the name and telephone number of a person where more information can be obtained
423
concerning the independent special district's proposed long-range plan or amendments to a
424
long-range plan.
425
(3) (a) Except as provided in Subsection (3)(d), each independent special district
426
intending to acquire real property in a county of the first or second class for the purpose of
427
expanding the district's infrastructure or other facilities used for providing the services that the
428
district is authorized to provide shall provide written notice, as provided in this Subsection (3),
429
of its intent to acquire the property if the intended use of the property is contrary to:
430
(i) the anticipated use of the property under the county or municipality's general plan;
431
or
432
(ii) the property's current zoning designation.
433
(b) Each notice under Subsection (3)(a) shall:
434
(i) indicate that the independent special district intends to acquire real property;
435
(ii) identify the real property; and
436
(iii) be sent to:
437
(A) each county in whose unincorporated area and each municipality in whose
438
boundaries the property is located; and
439
(B) each affected entity.
440
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
441
63-2-304
(7).
442
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the independent
443
special district previously provided notice under Subsection (2) identifying the general location
444
within the municipality or unincorporated part of the county where the property to be acquired
445
is located.
446
(ii) If an independent special district is not required to comply with the notice
447
requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the
448
independent special district shall provide the notice specified in Subsection (3)(a) as soon as
449
practicable after its acquisition of the real property.
450
Section 5.
Section
17B-2-104
is amended to read:
451
17B-2-104. Notice before preparing or amending a long-range plan or acquiring
452
certain property.
453
(1) As used in this section:
454
(a) (i) "Affected entity" means each county, municipality, independent special district
455
under Title 17A, Chapter 2, Independent Special Districts, local district under this chapter,
456
school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
457
Cooperation Act, and specified public utility:
458
(A) whose services or facilities are likely to require expansion or significant
459
modification because of an intended use of land; or
460
(B) that has filed with the local district a copy of the general or long-range plan of the
461
county, municipality, independent special district, local district, school district, interlocal
462
cooperation entity, or specified public utility.
463
(ii) "Affected entity" does not include the local district that is required under this
464
section to provide notice.
465
(b) "Specified public utility" means an electrical corporation, gas corporation, or
466
telephone corporation, as those terms are defined in Section
54-2-1
.
467
(2) (a) If a local district under this chapter located in a county of the first or second
468
class prepares a long-range plan regarding its facilities proposed for the future or amends an
469
already existing long-range plan, the local district shall, before preparing a long-range plan or
470
amendments to an existing long-range plan, provide written notice, as provided in this section,
471
of its intent to prepare a long-range plan or to amend an existing long-range plan.
472
(b) Each notice under Subsection (2)(a) shall:
473
(i) indicate that the local district intends to prepare a long-range plan or to amend a
474
long-range plan, as the case may be;
475
(ii) describe or provide a map of the geographic area that will be affected by the
476
long-range plan or amendments to a long-range plan;
477
(iii) be sent to:
478
(A) each county in whose unincorporated area and each municipality in whose
479
boundaries is located the land on which the proposed long-range plan or amendments to a
480
long-range plan are expected to indicate that the proposed facilities will be located;
481
(B) each affected entity;
482
(C) the Automated Geographic Reference Center created in Section [
63A-6-202
]
483
63F-1-506
;
484
(D) each association of governments, established pursuant to an interlocal agreement
485
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
486
described in Subsection (2)(b)(iii)(A) is a member; and
487
(E) the state planning coordinator appointed under Section
63-38d-202
;
488
(iv) with respect to the notice to counties and municipalities described in Subsection
489
(2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
490
consider in the process of preparing, adopting, and implementing the long-range plan or
491
amendments to a long-range plan concerning:
492
(A) impacts that the use of land proposed in the proposed long-range plan or
493
amendments to a long-range plan may have on the county, municipality, or affected entity; and
494
(B) uses of land that the county, municipality, or affected entity is planning or
495
considering that may conflict with the proposed long-range plan or amendments to a long-range
496
plan; and
497
(v) include the address of an Internet website, if the local district has one, and the name
498
and telephone number of a person where more information can be obtained concerning the
499
local district's proposed long-range plan or amendments to a long-range plan.
500
(3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
501
real property in a county of the first or second class for the purpose of expanding the district's
502
infrastructure or other facilities used for providing the services that the district is authorized to
503
provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
504
the property if the intended use of the property is contrary to:
505
(i) the anticipated use of the property under the county or municipality's general plan;
506
or
507
(ii) the property's current zoning designation.
508
(b) Each notice under Subsection (3)(a) shall:
509
(i) indicate that the local district intends to acquire real property;
510
(ii) identify the real property; and
511
(iii) be sent to:
512
(A) each county in whose unincorporated area and each municipality in whose
513
boundaries the property is located; and
514
(B) each affected entity.
515
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
516
63-2-304
(7).
517
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
518
previously provided notice under Subsection (2) identifying the general location within the
519
municipality or unincorporated part of the county where the property to be acquired is located.
520
(ii) If a local district is not required to comply with the notice requirement of
521
Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
522
the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
523
property.
524
Section 6.
Section
20A-5-303
is amended to read:
525
20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
526
Common polling places -- Combined voting precincts -- Counties.
527
(1) (a) After receiving recommendations from the county clerk, the county legislative
528
body may establish, divide, abolish, and change voting precincts.
529
(b) Within 30 days after the establishment, division, abolition, or change of a voting
530
precinct under this section, the county legislative body shall file with the Automated
531
Geographic Reference Center, created under Section [
63A-6-202
]
63F-1-506
, a notice
532
describing the action taken and specifying the resulting boundaries of each voting precinct
533
affected by the action.
534
(2) (a) The county legislative body shall alter or divide voting precincts so that each
535
voting precinct contains not more than 1,000 active voters.
536
(b) The county legislative body shall:
537
(i) identify those precincts that may reach 1,000 active voters or become too large to
538
facilitate the election process; and
539
(ii) divide those precincts before February 1.
540
(3) The county legislative body may not:
541
(a) establish or abolish any voting precinct after February 1 of a regular general
542
election year; or
543
(b) alter or change the boundaries of any voting precinct after February 1 of a regular
544
general election year.
545
(4) For the purpose of balloting on regular primary or regular general election day, the
546
county legislative body may establish a common polling place for two or more whole voting
547
precincts according to the following requirements:
548
(a) the total population of the voters authorized to vote at the common polling place
549
may not exceed 4,000 active voters; and
550
(b) the voting precincts voting at, and the location of, the common polling place shall
551
be designated at least 90 days before the election.
552
(5) (a) In addition to the requirements contained in Subsection (4), in regular primary
553
elections only, the county legislative body may combine voting precincts and use one set of
554
election judges for the combined precincts if the ballots for each of the combined precincts are
555
identical.
556
(b) Notwithstanding Subsection (5)(a), the county legislative body in a fourth, fifth, or
557
sixth class county may, in any election, combine voting precincts and use one set of election
558
judges for the combined precincts if the ballots for each of the combined precincts are
559
identical.
560
Section 7.
Section
20A-13-104
is amended to read:
561
20A-13-104. Uncertain boundaries -- How resolved.
562
(1) As used in this section, "affected party" means:
563
(a) a representative whose Congressional district boundary is uncertain because the
564
identifying feature used to establish the district boundary has been removed, modified, or is
565
unable to be identified or who is uncertain about whether or not he or another person resides in
566
a particular Congressional district;
567
(b) a candidate for Congressional representative whose Congressional district boundary
568
is uncertain because the identifying feature used to establish the district boundary has been
569
removed, modified, or is unable to be identified or who is uncertain about whether or not he or
570
another person resides in a particular Congressional district; or
571
(c) a person who is uncertain about which Congressional district contains the person's
572
residence because the identifying feature used to establish the district boundary has been
573
removed, modified, or is unable to be identified.
574
(2) (a) An affected party may file a written request petitioning the lieutenant governor
575
to determine:
576
(i) the precise location of the Congressional district boundary;
577
(ii) the number of the Congressional district in which a person resides; or
578
(iii) both Subsections (2)(a)(i) and (ii).
579
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
580
governor shall review the official maps and obtain and review other relevant data such as
581
census block and tract descriptions, aerial photographs, aerial maps, or other data about the
582
area.
583
(c) Within five days of receipt of the request, the lieutenant governor shall review the
584
maps, obtain and review any relevant data, and make a determination.
585
(d) When the lieutenant governor determines the location of the Congressional district
586
boundary, the lieutenant governor shall:
587
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
588
necessary; and
589
(ii) send a copy of the certification to:
590
(A) the affected party;
591
(B) the county clerk of the affected county; and
592
(C) the Automated Geographic Reference Center created under Section [
63A-6-202
]
593
63F-1-506
.
594
(e) If the lieutenant governor determines the number of the Congressional district in
595
which a particular person resides, the lieutenant governor shall send a letter identifying that
596
district by number to:
597
(i) the person;
598
(ii) the affected party who filed the petition, if different than the person whose
599
Congressional district number was identified; and
600
(iii) the county clerk of the affected county.
601
Section 8.
Section
20A-14-102.2
is amended to read:
602
20A-14-102.2. Uncertain boundaries -- How resolved.
603
(1) As used in this section, "affected party" means:
604
(a) a state school board member whose state school board district boundary is uncertain
605
because the identifying feature used to establish the district boundary has been removed,
606
modified, or is unable to be identified or who is uncertain about whether or not he or another
607
person resides in a particular state board district;
608
(b) a candidate for state school board whose state board district boundary is uncertain
609
because the identifying feature used to establish the district boundary has been removed,
610
modified, or is unable to be identified or who is uncertain about whether or not he or another
611
person resides in a particular state board district; or
612
(c) a person who is uncertain about which state board district contains the person's
613
residence because the identifying feature used to establish the district boundary has been
614
removed, modified, or is unable to be identified.
615
(2) (a) An affected party may file a written request petitioning the lieutenant governor
616
to determine:
617
(i) the precise location of the state board district boundary;
618
(ii) the number of the state board district in which a person resides; or
619
(iii) both Subsections (2)(a)(i) and (ii).
620
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
621
governor shall review the official maps and obtain and review other relevant data such as aerial
622
photographs, aerial maps, or other data about the area.
623
(c) Within five days of receipt of the request, the lieutenant governor shall review the
624
maps, obtain and review any relevant data, and make a determination.
625
(d) If the lieutenant governor determines the precise location of the state board district
626
boundary, the lieutenant governor shall:
627
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
628
necessary; and
629
(ii) send a copy of the certification to:
630
(A) the affected party;
631
(B) the county clerk of the affected county; and
632
(C) the Automated Geographic Reference Center created under Section [
63A-6-202
]
633
63F-1-506
.
634
(e) If the lieutenant governor determines the number of the state board district in which
635
a particular person resides, the lieutenant governor shall send a letter identifying that district by
636
number to:
637
(i) the person;
638
(ii) the affected party who filed the petition, if different than the person whose state
639
board district number was identified; and
640
(iii) the county clerk of the affected county.
641
Section 9.
Section
36-1-105
is amended to read:
642
36-1-105. Uncertain boundaries -- How resolved.
643
(1) As used in this section, "affected party" means:
644
(a) a senator whose Utah State Senate district boundary is uncertain because the
645
identifying feature used to establish the district boundary has been removed, modified, or is
646
unable to be identified or who is uncertain about whether or not he or another person resides in
647
a particular Senate district;
648
(b) a candidate for senator whose Senate district boundary is uncertain because the
649
identifying feature used to establish the district boundary has been removed, modified, or is
650
unable to be identified or who is uncertain about whether or not he or another person resides in
651
a particular Senate district; or
652
(c) a person who is uncertain about which Senate district contains the person's
653
residence because the identifying feature used to establish the district boundary has been
654
removed, modified, or is unable to be identified.
655
(2) (a) An affected party may file a written request petitioning the lieutenant governor
656
to determine:
657
(i) the precise location of the Senate district boundary;
658
(ii) the number of the Senate district in which a person resides; or
659
(iii) both Subsections (2)(a)(i) and (ii).
660
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
661
governor shall review the official maps and obtain and review other relevant data such as
662
census block and tract descriptions, aerial photographs, aerial maps, or other data about the
663
area.
664
(c) Within five days of receipt of the request, the lieutenant governor shall review the
665
maps, obtain and review any relevant data, and make a determination.
666
(d) When the lieutenant governor determines the location of the Senate district
667
boundary, the lieutenant governor shall:
668
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
669
necessary; and
670
(ii) send a copy of the certification to:
671
(A) the affected party;
672
(B) the county clerk of the affected county; and
673
(C) the Automated Geographic Reference Center created under Section [
63A-6-202
]
674
63F-1-506
.
675
(e) If the lieutenant governor determines the number of the Senate district in which a
676
particular person resides, the lieutenant governor shall send a letter identifying that district by
677
number to:
678
(i) the person;
679
(ii) the affected party who filed the petition, if different than the person whose Senate
680
district number was identified; and
681
(iii) the county clerk of the affected county.
682
Section 10.
Section
36-1-204
is amended to read:
683
36-1-204. Uncertain boundaries -- How resolved.
684
(1) As used in this section, "affected party" means:
685
(a) a representative whose Utah House of Representatives district boundary is uncertain
686
because the identifying feature used to establish the district boundary has been removed,
687
modified, or is unable to be identified or who is uncertain about whether or not he or another
688
person resides in a particular House district;
689
(b) a candidate for representative whose House district boundary is uncertain because
690
the identifying feature used to establish the district boundary has been removed, modified, or is
691
unable to be identified or who is uncertain about whether or not he or another person resides in
692
a particular House district; or
693
(c) a person who is uncertain about which House district contains the person's
694
residence because the identifying feature used to establish the district boundary has been
695
removed, modified, or is unable to be identified.
696
(2) (a) An affected party may file a written request petitioning the lieutenant governor
697
to determine:
698
(i) the precise location of the House district boundary;
699
(ii) the number of the House district in which a person resides; or
700
(iii) both Subsections (2)(a)(i) and (ii).
701
(b) In order to make the determination required by Subsection (2)(a), the lieutenant
702
governor shall review the official maps and obtain and review other relevant data such as
703
census block and tract descriptions, aerial photographs, aerial maps, or other data about the
704
area.
705
(c) Within five days of receipt of the request, the lieutenant governor shall review the
706
maps, obtain and review any relevant data, and make a determination.
707
(d) When the lieutenant governor determines the location of the House district
708
boundary, the lieutenant governor shall:
709
(i) prepare a certification identifying the appropriate boundary and attaching a map, if
710
necessary; and
711
(ii) send a copy of the certification to:
712
(A) the affected party;
713
(B) the county clerk of the affected county; and
714
(C) the Automated Geographic Reference Center created under Section [
63A-6-202
]
715
63F-1-506
.
716
(e) If the lieutenant governor determines the number of the House district in which a
717
particular person resides, the lieutenant governor shall send a letter identifying that district by
718
number to:
719
(i) the person;
720
(ii) the affected party who filed the petition, if different than the person whose House
721
district number was identified; and
722
(iii) the county clerk of the affected county.
723
Section 11.
Section
46-3-601
is amended to read:
724
46-3-601. Central repository for digital certificate information -- Fee.
725
(1) The chief information officer shall:
726
(a) designate an existing state repository or create a new repository that is a secure,
727
central repository for the maintenance of any appropriate information relating to the issuance of
728
digital certificates; and
729
(b) develop policies regarding the issuance of digital certificates by governmental
730
entities as provided in Section [
63D-1a-308
]
63F-1-206
.
731
(2) Any participating governmental entity may charge a fee to cover administrative
732
costs and the fee required to be remitted to the state under Subsection (3).
733
(3) Of the fee collected by a participating governmental entity pursuant to Subsection
734
(2), a reasonable portion, as established by the chief information officer, shall be:
735
(a) remitted to the state agency maintaining the repository in Subsection (1)(a); and
736
(b) deposited in the General Fund as a dedicated credit for that state agency, to
737
maintain the repository and assist in the issuance of the digital certificates pursuant to this part
738
and Section
63D-1a-308
.
739
(4) Any money at the end of the fiscal year in excess of the dedicated credit required by
740
Subsection (3) shall lapse to the General Fund.
741
(5) Any state agency permitting the public to transact business with the state agency
742
through the use of a digital certificate may establish a transaction fee, pursuant to Section
743
63-38-3.2
, a portion of which may be remitted to the licensed certification authority which
744
issued the digital certificate being used.
745
Section 12.
Section
46-3-602
is amended to read:
746
46-3-602. County clerk participation and fee authorization.
747
A county clerk may:
748
(1) participate in the issuance of digital certificates to citizens to facilitate electronic
749
transactions with governmental entities according to the digital certificate policy issued by the
750
chief information officer pursuant to Section [
63D-1a-308
]
63F-1-206
; and
751
(2) charge a fee for the service in Subsection (1), a portion of which shall be remitted
752
to the agency maintaining the state repository pursuant to Section
46-3-601
.
753
Section 13.
Section
46-4-501
is amended to read:
754
46-4-501. Creation and retention of electronic records and conversion of written
755
records by governmental agencies.
756
(1) A state governmental agency may, by following the procedures and requirements of
757
Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make rules that:
758
(a) identify specific transactions that the agency is willing to conduct by electronic
759
means;
760
(b) identify specific transactions that the agency will never conduct by electronic
761
means;
762
(c) specify the manner and format in which electronic records must be created,
763
generated, sent, communicated, received, and stored, and the systems established for those
764
purposes;
765
(d) if law or rule requires that the electronic records must be signed by electronic
766
means, specify the type of electronic signature required, the manner and format in which the
767
electronic signature must be affixed to the electronic record, and the identity of, or criteria that
768
must be met, by any third party used by a person filing a document to facilitate the process;
769
(e) specify control processes and procedures as appropriate to ensure adequate
770
preservation, disposition, integrity, security, confidentiality, and auditability of electronic
771
records; and
772
(f) identify any other required attributes for electronic records that are specified for
773
corresponding nonelectronic records or that are reasonably necessary under the circumstances.
774
(2) A state governmental agency that makes rules under this section shall submit copies
775
of those rules, and any amendments to those rules, to:
776
(a) the chief information officer established by Section [
63D-1a-301
]
63F-1-201
; and
777
(b) the Utah Technology Commission established by Section
63D-1a-201
.
778
(3) (a) The chief information officer may prepare model rules and standards relating to
779
electronic transactions that encourage and promote consistency and interoperability with
780
similar requirements adopted by other Utah government agencies, other states, the federal
781
government, and nongovernmental persons interacting with Utah governmental agencies.
782
(b) In preparing those model rules and standards, the chief information officer may
783
specify different levels of standards from which governmental agencies may choose in order to
784
implement the most appropriate standard for a particular application.
785
(c) Before submitting any model rules or standards to state governmental agencies for
786
their adoption as permanent rules, the chief information officer shall submit the model rules
787
and standards to the Utah Technology Commission for its review and suggestions.
788
(d) Nothing in this Subsection (3) requires a state agency to use the model rules and
789
standards prepared by the chief information officer when making rules under this section.
790
(4) Except as provided in Subsection
46-4-301
(6), nothing in this chapter requires any
791
state governmental agency to:
792
(a) conduct transactions by electronic means; or
793
(b) use or permit the use of electronic records or electronic signatures.
794
(5) Each state governmental agency shall:
795
(a) establish record retention schedules for any electronic records created or received in
796
an electronic transaction according to the standards developed by the Division of Archives
797
under Subsection
63-2-901
(2)(e); and
798
(b) obtain approval of those schedules from the State Records Committee as required
799
by Subsection
63-2-502
(1)(b).
800
Section 14.
Section
46-4-503
is amended to read:
801
46-4-503. Government products and services provided electronically.
802
(1) Notwithstanding Section
46-4-501
, a state governmental agency that administers
803
one or more of the following transactions shall allow those transactions to be conducted
804
electronically:
805
(a) an application for or renewal of a professional or occupational license issued under
806
Title 58, Occupations and Professions;
807
(b) the renewal of a drivers license;
808
(c) an application for a hunting or fishing license;
809
(d) the filing of:
810
(i) a return under Title 59, Chapter 10, Individual Income Tax Act or 12, Sales and Use
811
Tax Act;
812
(ii) a court document, as defined by the Judicial Council; or
813
(iii) a document under Title 70A, Uniform Commercial Code;
814
(e) a registration for:
815
(i) a product; or
816
(ii) a brand;
817
(f) a renewal of a registration of a motor vehicle;
818
(g) a registration under:
819
(i) Title 16, Corporations;
820
(ii) Title 42, Names; or
821
(iii) Title 48, Partnership; or
822
(h) submission of an application for benefits:
823
(i) under Title 35A, Chapter 3, Employment Support Act;
824
(ii) under Title 35A, Chapter 4, Employment Security Act; or
825
(iii) related to accident and health insurance.
826
(2) The state system of public education, in coordination with the Utah Education
827
Network, shall make reasonable progress toward making the following services available
828
electronically:
829
(a) secure access by parents and students to student grades and progress reports;
830
(b) e-mail communications with:
831
(i) teachers;
832
(ii) parent-teacher associations; and
833
(iii) school administrators;
834
(c) access to school calendars and schedules; and
835
(d) teaching resources that may include:
836
(i) teaching plans;
837
(ii) curriculum guides; and
838
(iii) media resources.
839
(3) A state governmental agency shall:
840
(a) in carrying out the requirements of this section, take reasonable steps to ensure the
841
security and privacy of records that are private or controlled as defined by Title 63, Chapter 2,
842
Government Records Access and Management Act;
843
(b) in addition to those transactions listed in Subsections (1) and (2), determine any
844
additional services that may be made available to the public through electronic means; and
845
(c) as part of the agency's information technology plan required by Section
846
[
63D-1a-303
]
63F-1-204
, report on the progress of compliance with Subsections (1) through
847
(3).
848
(4) Notwithstanding the other provisions of this part, a state governmental agency is
849
not required by this part to conduct a transaction electronically if:
850
(a) conducting the transaction electronically is not required by federal law; and
851
(b) conducting the transaction electronically is:
852
(i) impractical;
853
(ii) unreasonable; or
854
(iii) not permitted by laws pertaining to privacy or security.
855
(5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
856
access to diverse services and agencies at one location including virtual colocation.
857
(b) State agencies that provide services or offer direct assistance to the business
858
community shall participate in the establishment, maintenance, and enhancement of an
859
integrated Utah business web portal known as Business.utah.gov. The purpose of the business
860
web portal is to provide "one-stop shop" assistance to businesses.
861
(c) State agencies shall partner with other governmental and nonprofit agencies whose
862
primary mission is to provide services or offer direct assistance to the business community in
863
Utah in fulfilling the requirements of this section.
864
(d) The following state agencies shall comply with the provisions of this Subsection
865
(5):
866
(i) Department of Community and Economic Development, which shall serve as the
867
managing partner for the website;
868
(ii) Department of Workforce Services;
869
(iii) Department of Commerce;
870
(iv) Tax Commission;
871
(v) Department of Administrative Services - Division of Purchasing and General
872
Services, including other state agencies operating under a grant of authority from the division
873
to procure goods and services in excess of $5,000;
874
(vi) Department of Agriculture;
875
(vii) Department of Natural Resources; and
876
(viii) other state agencies that provide services or offer direct assistance to the business
877
sector.
878
(e) The business services available on the business web portal may include:
879
(i) business life cycle information;
880
(ii) business searches;
881
(iii) employment needs and opportunities;
882
(iv) motor vehicle registration;
883
(v) permit applications and renewal;
884
(vi) tax information;
885
(vii) government procurement bid notifications;
886
(viii) general business information;
887
(ix) business directories; and
888
(x) business news.
889
Section 15.
Section
53-1-106
is amended to read:
890
53-1-106. Department duties -- Powers.
891
(1) In addition to the responsibilities contained in this title, the department shall:
892
(a) make rules and perform the functions specified in Title 41, Chapter 6, Traffic Rules
893
and Regulations, including:
894
(i) setting performance standards for towing companies to be used by the department,
895
as required by Section
41-6-102.5
; and
896
(ii) advising the Department of Transportation regarding the safe design and operation
897
of school buses, as required by Section
41-6-115
;
898
(b) make rules to establish and clarify standards pertaining to the curriculum and
899
teaching methods of a motor vehicle accident prevention course under Section
31A-19a-211
;
900
(c) aid in enforcement efforts to combat drug trafficking;
901
(d) meet with the Department of [Administrative] Technology Services to formulate
902
contracts, establish priorities, and develop funding mechanisms for dispatch and
903
telecommunications operations[, as required by Section
63A-6-107
];
904
(e) provide assistance to the Crime Victims' Reparations Board and Reparations Office
905
in conducting research or monitoring victims' programs, as required by Section
63-25a-405
;
906
(f) develop sexual assault exam protocol standards in conjunction with the Utah
907
Hospital Association;
908
(g) engage in emergency planning activities, including preparation of policy and
909
procedure and rulemaking necessary for implementation of the federal Emergency Planning
910
and Community Right to Know Act of 1986, as required by Section
63-5-5
;
911
(h) implement the provisions of Section
53-2-202
, the Emergency Management
912
Assistance Compact; and
913
(i) (i) maintain a database of the information listed below regarding each driver license
914
or state identification card status check made by a law enforcement officer:
915
(A) the agency employing the law enforcement officer;
916
(B) the name of the law enforcement officer or the identifying number the agency has
917
assigned to the law enforcement officer;
918
(C) the race and gender of the law enforcement officer;
919
(D) the purpose of the law enforcement officer's status check, including but not limited
920
to a traffic stop or a pedestrian stop; and
921
(E) the race of the individual regarding whom the status check is made, based on the
922
information provided through the application process under Section
53-3-205
or
53-3-804
;
923
(ii) provide access to the database created in Subsection (1)(i)(i) to the Commission on
924
Criminal and Juvenile Justice for the purpose of:
925
(A) evaluating the data;
926
(B) evaluating the effectiveness of the data collection process; and
927
(C) reporting and making recommendations to the Legislature; and
928
(iii) classify any personal identifying information of any individual, including law
929
enforcement officers, in the database as protected records under Subsection
63-2-304
(9).
930
(2) (a) The department may establish a schedule of fees as required or allowed in this
931
title for services provided by the department.
932
(b) The fees shall be established in accordance with Section
63-38-3.2
.
933
Section 16.
Section
53-10-601
is amended to read:
934
53-10-601. Utah 911 Committee.
935
(1) There is created within the division, the Utah 911 Committee consisting of the
936
following 15 members:
937
(a) a representative from each of the following primary emergency public safety
938
answering points:
939
(i) Salt Lake County;
940
(ii) Davis County;
941
(iii) Utah County; and
942
(iv) Weber County;
943
(b) four members representing the following primary emergency public safety
944
answering points:
945
(i) Bear River Association;
946
(ii) Uintah Basin Association;
947
(iii) South East Association;
948
(iv) Six County Association;
949
(v) Five County Association; and
950
(vi) Mountainlands Association, not including Utah County;
951
(c) the following people with knowledge of technology and equipment that might be
952
needed for an emergency public safety answering system:
953
(i) a representative from a local exchange carrier;
954
(ii) a representative from a rural incumbent local exchange carrier; and
955
(iii) two representatives from radio communications services as defined in Section
956
69-2-2
;
957
(d) two representatives from the Department of Public Safety, one of whom represents
958
urban Utah and the other rural Utah; and
959
(e) a representative from the [Division of Information Technology Services]
960
Department of Technology Services, created in Title 63F, Chapter 1.
961
(2) (a) Each committee member shall be appointed as follows:
962
(i) a member described in Subsection (1)(a) shall be appointed by the governor from a
963
nominee or nominees submitted to the governor by the council of government for that
964
member's county;
965
(ii) the four members described in Subsection (1)(b) shall be appointed by the governor
966
from a nominee or nominees submitted to the governor by the associations described in
967
Subsection (1)(b) as follows[;]:
968
(A) the six associations shall select by lot, the first four associations to begin the
969
rotation of membership as required by Subsection (2)(b)(i); and
970
(B) as each association is represented on the commission in accordance with
971
Subsection (2)(b)(i), that association shall select the person to represent it on the commission;
972
(iii) the members described in Subsection (1)(c) shall be appointed by the governor
973
with the consent of the Senate; and
974
(iv) the members described in Subsections (1)(d) and (e) shall be appointed by the
975
governor.
976
(b) The term of office of each member is four years, except as provided in Subsections
977
(2)(b)(ii) through (iv).
978
(i) The representatives from Subsection (1)(b) must rotate to provide each geographic
979
location at least one representative every four years, except as provided for the initial
980
appointment under Subsection (2)(b)(ii).
981
(ii) The associations listed in Subsection (1)(b) shall select by lot, two of its members
982
to an initial two-year term.
983
(iii) The governor shall appoint two representatives from Subsection (1)(c) to initial
984
two-year terms.
985
(iv) The public service answering points listed in Subsection (1)(a) shall, by lot, select
986
two members to serve an initial two-year term.
987
(c) No member of the committee may serve more that two consecutive four-year terms.
988
(d) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
989
an appointment under Subsection (2)(a).
990
(3) (a) Committee members shall elect a chair from their number and establish rules for
991
the organization and operation of the committee, with the chair rotating among representatives
992
from Subsections (1)(a), (b), and (d) every year.
993
(b) Staff services to the committee:
994
(i) shall be provided by the division; and
995
(ii) may be provided by local entities through the Utah Association of Counties and the
996
Utah League of Cities and Towns.
997
(c) Funding for staff services shall be provided with funds approved by the committee
998
from those identified under Section
53-10-605
.
999
(4) (a) No member may receive compensation or benefits for the member's service on
1000
the committee.
1001
(b) A member is not required to give bond for the performance of official duties.
1002
Section 17.
Section
53-10-605
is amended to read:
1003
53-10-605. Use of money in fund -- Criteria -- Administration.
1004
(1) Subject to an annual legislative appropriation from the fund to:
1005
(a) the committee, the committee shall:
1006
(i) authorize the use of the money in the fund, by grant to a local entity or state agency
1007
in accordance with this Subsection (1) and Subsection (2);
1008
(ii) grant to state agencies and local entities an amount not to exceed the per month fee
1009
levied on telephone services under Section
69-2-5.6
for installation, implementation, and
1010
maintenance of unified, statewide 911 emergency services and technology; and
1011
(iii) in addition to any money under Subsection (1)(a)(ii), grant to counties of the third
1012
through sixth class the amount dedicated for rural assistance, which is at least 3 cents per
1013
month levied on telephone services under Section
69-2-5.6
to:
1014
(A) enhance the 911 emergency services with a focus on areas or counties that do not
1015
have E-911 services; and
1016
(B) where needed, assist the counties, in cooperation with private industry, with the
1017
creation or integration of wireless systems and location technology in rural areas of the state;
1018
and
1019
(b) the committee, the committee shall:
1020
(i) include reimbursement to a provider of radio communications service, as defined in
1021
Section
69-2-2
, for costs as provided in Subsections (1)(b)(ii) and (iii);
1022
(ii) an agreement to reimburse costs to a provider of radio communications services
1023
must be a written agreement among the committee, the local public safety answering point and
1024
the carrier; and
1025
(iii) shall include reimbursement to the provider for the cost of design, development,
1026
and implementation of equipment or software necessary to provide Phase I, wireless E-911
1027
service to public service answering points, provided:
1028
(A) the reimbursement under this Subsection (1)(b) does not exceed the amount
1029
allowed by Subsection
53-10-602
(3);
1030
(B) the provider submits an invoice for the reimbursement to the committee; and
1031
(C) the provider has not been reimbursed by the consumer for the costs submitted to
1032
the committee; and
1033
(c) the state's Automated Geographic Reference Center in the [Division of Information
1034
Technology Services] Division of Integrated Technology of the Department of Technology
1035
Services, an amount equal to 1 cent per month levied on telephone services under Section
1036
69-2-5.6
shall be used to enhance and upgrade statewide digital mapping standards.
1037
(2) (a) Beginning July 1, 2007, the committee may not grant the money in the fund to a
1038
local entity unless the local entity is in compliance with Phase I, wireless E-911 service.
1039
(b) Beginning July 1, 2009, the committee may not grant money in the fund to a local
1040
entity unless the local entity is in compliance with Phase II, wireless E-911 service.
1041
(3) A local entity must deposit any money it receives from the committee into a special
1042
emergency telephone service fund in accordance with Subsection
69-2-5
(4).
1043
(4) For purposes of this part, "local entity" means a county, city, town, special district,
1044
local district, or interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
1045
Section 18.
Section
53A-2-123
is amended to read:
1046
53A-2-123. Notice before preparing or amending a long-range plan or acquiring
1047
certain property.
1048
(1) As used in this section:
1049
(a) "Affected entity" means each county, municipality, independent special district
1050
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
1051
Chapter 2, Local Districts, interlocal cooperation entity established under Title 11, Chapter 13,
1052
Interlocal Cooperation Act, and specified public utility:
1053
(i) whose services or facilities are likely to require expansion or significant
1054
modification because of an intended use of land; or
1055
(ii) that has filed with the school district a copy of the general or long-range plan of the
1056
county, municipality, independent special district, local district, school district, interlocal
1057
cooperation entity, or specified public utility.
1058
(b) "Specified public utility" means an electrical corporation, gas corporation, or
1059
telephone corporation, as those terms are defined in Section
54-2-1
.
1060
(2) (a) If a school district located in a county of the first or second class prepares a
1061
long-range plan regarding its facilities proposed for the future or amends an already existing
1062
long-range plan, the school district shall, before preparing a long-range plan or amendments to
1063
an existing long-range plan, provide written notice, as provided in this section, of its intent to
1064
prepare a long-range plan or to amend an existing long-range plan.
1065
(b) Each notice under Subsection (2)(a) shall:
1066
(i) indicate that the school district intends to prepare a long-range plan or to amend a
1067
long-range plan, as the case may be;
1068
(ii) describe or provide a map of the geographic area that will be affected by the
1069
long-range plan or amendments to a long-range plan;
1070
(iii) be sent to:
1071
(A) each county in whose unincorporated area and each municipality in whose
1072
boundaries is located the land on which the proposed long-range plan or amendments to a
1073
long-range plan are expected to indicate that the proposed facilities will be located;
1074
(B) each affected entity;
1075
(C) the Automated Geographic Reference Center created in Section [
63A-6-202
]
1076
63F-1-506
;
1077
(D) each association of governments, established pursuant to an interlocal agreement
1078
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
1079
described in Subsection (2)(b)(iii)(A) is a member; and
1080
(E) the state planning coordinator appointed under Section
63-38d-202
;
1081
(iv) with respect to the notice to counties and municipalities described in Subsection
1082
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
1083
consider in the process of preparing, adopting, and implementing the long-range plan or
1084
amendments to a long-range plan concerning:
1085
(A) impacts that the use of land proposed in the proposed long-range plan or
1086
amendments to a long-range plan may have on the county, municipality, or affected entity; and
1087
(B) uses of land that the county, municipality, or affected entity is planning or
1088
considering that may conflict with the proposed long-range plan or amendments to a long-range
1089
plan; and
1090
(v) include the address of an Internet website, if the school district has one, and the
1091
name and telephone number of a person where more information can be obtained concerning
1092
the school district's proposed long-range plan or amendments to a long-range plan.
1093
(3) (a) Except as provided in Subsection (3)(d), each school district intending to
1094
acquire real property in a county of the first or second class for the purpose of expanding the
1095
district's infrastructure or other facilities shall provide written notice, as provided in this
1096
Subsection (3), of its intent to acquire the property if the intended use of the property is
1097
contrary to:
1098
(i) the anticipated use of the property under the county or municipality's general plan;
1099
or
1100
(ii) the property's current zoning designation.
1101
(b) Each notice under Subsection (3)(a) shall:
1102
(i) indicate that the school district intends to acquire real property;
1103
(ii) identify the real property; and
1104
(iii) be sent to:
1105
(A) each county in whose unincorporated area and each municipality in whose
1106
boundaries the property is located; and
1107
(B) each affected entity.
1108
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
1109
63-2-304
(7).
1110
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
1111
previously provided notice under Subsection (2) identifying the general location within the
1112
municipality or unincorporated part of the county where the property to be acquired is located.
1113
(ii) If a school district is not required to comply with the notice requirement of
1114
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
1115
provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
1116
the real property.
1117
Section 19.
Section
54-3-28
is amended to read:
1118
54-3-28. Notice required of certain public utilities before preparing or amending
1119
a long-range plan or acquiring certain property.
1120
(1) As used in this section:
1121
(a) (i) "Affected entity" means each county, municipality, independent special district
1122
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
1123
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
1124
11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
1125
(A) whose services or facilities are likely to require expansion or significant
1126
modification because of expected uses of land under a proposed long-range plan or under
1127
proposed amendments to a long-range plan; or
1128
(B) that has filed with the specified public utility a copy of the general or long-range
1129
plan of the county, municipality, independent special district, local district, school district,
1130
interlocal cooperation entity, or specified public utility.
1131
(ii) "Affected entity" does not include the specified public utility that is required under
1132
Subsection (2) to provide notice.
1133
(b) "Specified public utility" means an electrical corporation, gas corporation, or
1134
telephone corporation, as those terms are defined in Section
54-2-1
.
1135
(2) (a) If a specified public utility prepares a long-range plan regarding its facilities
1136
proposed for the future in a county of the first or second class or amends an already existing
1137
long-range plan, the specified public utility shall, before preparing a long-range plan or
1138
amendments to an existing long-range plan, provide written notice, as provided in this section,
1139
of its intent to prepare a long-range plan or to amend an existing long-range plan.
1140
(b) Each notice under Subsection (2) shall:
1141
(i) indicate that the specified public utility intends to prepare a long-range plan or to
1142
amend a long-range plan, as the case may be;
1143
(ii) describe or provide a map of the geographic area that will be affected by the
1144
long-range plan or amendments to a long-range plan;
1145
(iii) be sent to:
1146
(A) each county in whose unincorporated area and each municipality in whose
1147
boundaries is located the land on which the proposed long-range plan or amendments to a
1148
long-range plan are expected to indicate that the proposed facilities will be located;
1149
(B) each affected entity;
1150
(C) the Automated Geographic Reference Center created in Section [
63A-6-202
]
1151
63F-1-506
;
1152
(D) each association of governments, established pursuant to an interlocal agreement
1153
under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
1154
described in Subsection (2)(b)(iii)(A) is a member; and
1155
(E) the state planning coordinator appointed under Section
63-38d-202
;
1156
(iv) with respect to the notice to counties and municipalities described in Subsection
1157
(2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
1158
utility to consider in the process of preparing, adopting, and implementing the long-range plan
1159
or amendments to a long-range plan concerning:
1160
(A) impacts that the use of land proposed in the proposed long-range plan or
1161
amendments to a long-range plan may have on the county, municipality, or affected entity; and
1162
(B) uses of land that the county, municipality, or affected entity is planning or
1163
considering that may conflict with the proposed long-range plan or amendments to a long-range
1164
plan; and
1165
(v) include the address of an Internet website, if the specified public utility has one, and
1166
the name and telephone number of a person where more information can be obtained
1167
concerning the specified public utility's proposed long-range plan or amendments to a
1168
long-range plan.
1169
(3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
1170
to acquire real property in a county of the first or second class for the purpose of expanding its
1171
infrastructure or other facilities used for providing the services that the specified public utility
1172
is authorized to provide shall provide written notice, as provided in this Subsection (3), of its
1173
intent to acquire the property if the intended use of the property is contrary to:
1174
(i) the anticipated use of the property under the county or municipality's general plan;
1175
or
1176
(ii) the property's current zoning designation.
1177
(b) Each notice under Subsection (3)(a) shall:
1178
(i) indicate that the specified public utility intends to acquire real property;
1179
(ii) identify the real property; and
1180
(iii) be sent to:
1181
(A) each county in whose unincorporated area and each municipality in whose
1182
boundaries the property is located; and
1183
(B) each affected entity.
1184
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
1185
63-2-304
(7).
1186
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
1187
public utility previously provided notice under Subsection (2) identifying the general location
1188
within the municipality or unincorporated part of the county where the property to be acquired
1189
is located.
1190
(ii) If a specified public utility is not required to comply with the notice requirement of
1191
Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
1192
shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
1193
of the real property.
1194
Section 20.
Section
63-55b-163
is amended to read:
1195
63-55b-163. Repeal dates, Title 63 and Title 63A.
1196
(1) Section
63-38a-105
is repealed July 1, 2007.
1197
(2) Sections
63-63b-101
and
63-63b-102
are repealed on July 1, 2007.
1198
(3) Section
63A-1-110
is repealed July 1, 2006.
1199
(4) Title 63A, Chapter 6, Part 1, Division of Information Technology Services, is
1200
repealed on July 1, 2006.
1201
Section 21.
Section
63-56-9
is amended to read:
1202
63-56-9. Duties of chief procurement officer.
1203
Except as otherwise specifically provided in this chapter, the chief procurement officer
1204
serves as the central procurement officer of the state and shall:
1205
(1) adopt office policies governing the internal functions of the Division of Purchasing
1206
and General Services;
1207
(2) procure or supervise the procurement of all supplies, services, and construction
1208
needed by the state;
1209
(3) exercise general supervision and control over all inventories or supplies belonging
1210
to the state;
1211
(4) establish and maintain programs for the inspection, testing, and acceptance of
1212
supplies, services, and construction;
1213
(5) prepare statistical data concerning the procurement and usage of all supplies,
1214
services, and construction;
1215
(6) before June 1, 1990, notify all public procurement units of the requirements of
1216
Section
63-56-20.7
regarding purchases of recycled paper and recycled paper products,
1217
recycling requirements, and provide guidelines on the availability of recycled paper and paper
1218
products, including the sources of supply and the potential uses of various grades of recycled
1219
paper;
1220
(7) before July 1, 1992:
1221
(a) establish standards and specifications for determining which supplies are
1222
considered recycled, based upon his review of current definitions and standards employed by
1223
national procurement, product recycling, and other relevant organizations and the federal
1224
Environmental Protection Agency;
1225
(b) compile and update as necessary the specifications, a list of recycled supplies
1226
available on state contract, and sources where the supplies may be obtained;
1227
(c) make the compiled information under Subsection (7)(b) available to:
1228
(i) all local government entities under Section
11-37-101
;
1229
(ii) all local health departments under Section
26A-1-108.7
;
1230
(iii) all procurement officers or other persons responsible for purchasing supplies
1231
within the public school system under Title 53A, State System of Public Education;
1232
(iv) all procurement officers or other persons responsible for purchasing supplies
1233
within the state system of higher education under Title 53B, State System of Higher Education;
1234
and
1235
(v) all procurement officers or other persons responsible for purchasing supplies for all
1236
public procurement units as defined in Section
63-56-5
; and
1237
(d) present a written report to the Natural Resources, Agriculture, and Environment
1238
Interim Committee annually prior to November 30 regarding the purchases of recycled goods
1239
on state contracts during the prior fiscal year; and
1240
(8) ensure that:
1241
(a) before approving a purchase, lease, or rental not covered by an existing statewide
1242
contract for information technology or telecommunications supplies or services [under the
1243
provisions of Section
63A-6-105
, the director of the Division of Information Technology
1244
Services has provided in writing to the chief procurement officer that the analysis required by
1245
Subsection
63A-6-105
(7) was completed], the chief information officer and the agency have
1246
provided in writing to the division, that the needs analysis required in Section
63F-1-205
was
1247
completed; and
1248
(b) the oversight authority required by Subsection (8)(a) is not delegated outside the
1249
Division of Purchasing and General Services.
1250
Section 22.
Section
63A-1-108
is amended to read:
1251
63A-1-108. Powers and duties of other agencies assigned to executive director.
1252
Powers and duties assigned by other provisions of this title to the Division of Finance,
1253
the State Building Board, [the Division of Information Technology Services,] or other agencies
1254
or divisions of the department, and not specifically assigned by this chapter, shall be assigned
1255
to the executive director with the approval of the governor.
1256
Section 23.
Section
63A-1-109
is amended to read:
1257
63A-1-109. Divisions of department -- Administration.
1258
(1) The department shall be composed of the following divisions:
1259
(a) administrative rules;
1260
(b) archives and records;
1261
(c) facilities construction and management;
1262
(d) finance;
1263
(e) fleet operations;
1264
[(f) information technology services;]
1265
[(g)] (f) office of state debt collection;
1266
[(h)] (g) state purchasing and general services;
1267
[(i)] (h) risk management; and
1268
[(j)] (i) office of child welfare parental defense.
1269
(2) Each division shall be administered and managed by a division director.
1270
Section 24.
Section
63A-1-114
is amended to read:
1271
63A-1-114. Rate Committee -- Membership -- Duties.
1272
(1) (a) There is created a Rate Committee which shall consist of:
1273
(i) the director of the Governor's Office of Planning and Budget, or a designee;
1274
(ii) the executive directors of three state agencies that use services and pay rates to one
1275
of the department internal service funds, or their designee, appointed by the governor for a
1276
two-year term;
1277
(iii) the executive director of the Department of Administrative Services, or a designee;
1278
(iv) the director of the Division of Finance, or a designee; and
1279
(v) the chief information officer.
1280
(b) (i) The committee shall elect a chair from its members.
1281
(ii) Members of the committee who are state government employees and who do not
1282
receive salary, per diem, or expenses from their agency for their service on the committee shall
1283
receive no compensation, benefits, per diem, or expenses for the members' service on the
1284
committee.
1285
(c) The Department of Administrative Services shall provide staff services to the
1286
committee.
1287
(2) (a) The internal service funds managed by the following divisions shall submit to
1288
the committee a proposed rate and fee schedule for services rendered by the divisions to an
1289
executive branch entity or an entity that subscribes to services rendered by the division, the:
1290
(i) Division of Facilities Construction and Management;
1291
(ii) Division of Fleet Operations;
1292
(iii) Division of Purchasing and General Services; and
1293
[(iv) Division of Information Technology Services; and]
1294
[(v)] (iv) Division of Risk Management.
1295
(b) The committee shall:
1296
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public
1297
Meetings;
1298
(ii) review the proposed rate and fee schedules and may approve, increase, or decrease
1299
the rate and fee;
1300
(iii) recommend a proposed rate and fee schedule for each internal service fund to:
1301
(A) the Governor's Office of Planning and Budget; and
1302
(B) the legislative appropriations subcommittees that, in accordance with Section
1303
63-38-3.5
, approve the internal service fund agency's rates, fees, and budget; and
1304
(iv) review and approve, increase or decrease an interim rate, fee, or amount when an
1305
internal service fund agency begins a new service or introduces a new product between annual
1306
general sessions of the Legislature.
1307
(c) The committee may in accordance with Subsection
63-38-3.5
(4) decrease a rate,
1308
fee, or amount that has been approved by the Legislature.
1309
Section 25.
Section
63A-6-101.5
is amended to read:
1310
63A-6-101.5. Definitions.
1311
As used in this chapter:
1312
(1) "Chief information officer" means the chief information officer appointed under
1313
Section [
63D-1a-301
]
63F-1-201
.
1314
(2) "Commission" means the Utah Technology Commission created in Section
1315
63D-1a-201
.
1316
(3) "Computer center" means the location at which a central data processing platform is
1317
managed to serve multiple executive branch agencies.
1318
(4) "Data center" means a centralized repository for the storage, management, and
1319
dissemination of data.
1320
(5) "Director" means the director appointed in accordance with Section
63A-6-102
.
1321
(6) "Division" means the Division of Information Technology Services created in
1322
Section
63A-6-101
.
1323
(7) "Executive branch agency" is as defined in Section
63D-1a-102
.
1324
(8) "Executive branch strategic plan" is as defined in Section
63D-1a-102
.
1325
(9) "Information technology" is as defined in Section [
63D-1a-102
]
63F-1-102
.
1326
(10) "Telecommunications" means the transmission or reception of signs, signals,
1327
writing, images, sounds, messages, data, or other information of any nature by wire, radio, light
1328
waves, or other electromagnetic means.
1329
Section 26.
Section
63A-6-103
is amended to read:
1330
63A-6-103. Duties of the division.
1331
The division shall:
1332
(1) establish telecommunication system specifications and standards for use by:
1333
(a) one or more executive branch agencies; or
1334
(b) one or more entities that subscribe to the telecommunication systems in accordance
1335
with Section
63A-6-106
;
1336
(2) coordinate state telecommunication planning:
1337
(a) in cooperation with:
1338
(i) state telecommunication users;
1339
(ii) executive branch agencies; and
1340
(iii) other subscribers to the state's telecommunication systems; and
1341
(b) subject to Section [
63D-1a-307
]
63A-6-108
;
1342
(3) coordinate the development and implementation of advanced state
1343
telecommunication systems;
1344
(4) provide services including technical assistance to:
1345
(a) (i) executive branch agencies; and
1346
(ii) subscribers to the services; and
1347
(b) related to:
1348
(i) information technology; or
1349
(ii) telecommunications;
1350
(5) cooperate:
1351
(a) with:
1352
(i) the federal government;
1353
(ii) other state entities;
1354
(iii) counties; and
1355
(iv) municipalities;
1356
(b) in the development, implementation, and maintenance of:
1357
(i) governmental information technology; or
1358
(ii) governmental telecommunication systems; and
1359
(c) (i) as part of a cooperative organization; or
1360
(ii) through means other than a cooperative organization;
1361
(6) establish, operate, manage, and maintain:
1362
(a) one or more state data centers; and
1363
(b) one or more regional computer centers;
1364
(7) design, implement, and manage all state-owned, leased, or rented land mobile or
1365
radio telecommunication systems that are used in the delivery of services for state government
1366
or its political subdivisions;
1367
(8) in accordance with the executive branch strategic plan, implement minimum
1368
standards to be used by the division for purposes of compatibility of procedures, programming
1369
languages, codes, and media that facilitate the exchange of information within and among
1370
telecommunication systems; and
1371
(9) assist executive branch agencies in complying with the requirements of any rule
1372
adopted by the chief information officer in accordance with Section [
63D-1a-305
]
63F-1-206
.
1373
Section 27.
Section
63A-6-105
is amended to read:
1374
63A-6-105. Duties of director -- Fees -- Rate Committee -- Advisory committee.
1375
(1) The director shall:
1376
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective
1377
information technology and telecommunication services for:
1378
(i) all executive branch agencies; and
1379
(ii) entities that subscribe to the services in accordance with Section
63A-6-106
; and
1380
(b) provide priority service to public safety agencies.
1381
(2) The director may negotiate the purchase, lease, or rental of private or public
1382
information technology or telecommunication services or facilities in accordance with
1383
Subsection (7).
1384
(3) Where practical, efficient, and economically beneficial, the director shall use
1385
existing private and public information technology or telecommunication resources.
1386
(4) (a) [In accordance with Section
63D-1a-303
, the] The director shall provide the
1387
chief information officer a written analysis of any agency information technology plan
1388
provided to the division by the chief information officer with the information requested by the
1389
chief information officer in accordance with Subsection
63F-1-504
(3).
1390
(b) In accordance with Section [
63D-1a-307
]
63A-6-108
, the division shall submit the
1391
division's agency information technology plan for approval by the chief information officer.
1392
(5) (a) In accordance with this Subsection (5), the director shall prescribe a schedule of
1393
fees for all services rendered by the division to:
1394
(i) an executive branch entity; or
1395
(ii) an entity that subscribes to services rendered by the division in accordance with
1396
Section
63A-6-106
.
1397
(b) Each fee included in the schedule of fees required by Subsection (5)(a) shall be:
1398
(i) equitable; and
1399
(ii) sufficient to recover all the costs of operation, including the cost of capital
1400
equipment and facilities.
1401
(c) Before charging a fee to an executive branch agency, or to a subscriber of services
1402
other than an executive branch agency, the director shall:
1403
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
1404
in Section
63A-1-114
; and
1405
(ii) obtain the approval of the Legislature as required by Section
63-38-3.5
.
1406
(d) The director shall conduct a market analysis by July 1, 2005, and periodically
1407
thereafter, of proposed rates and fees, which analysis shall include a comparison of the
1408
division's rates with the fees of other public or private sector providers where comparable
1409
services and rates are reasonably available.
1410
(6) (a) The director shall create advisory committees composed of representatives of
1411
user agencies.
1412
(b) Those advisory committees may recommend policies and practices for the efficient
1413
and effective operation of the division.
1414
(7) Before negotiating a purchase, lease, or rental under Subsection (2) for an amount
1415
that exceeds the value established by policy in accordance with Section
63A-1-110
, the director
1416
shall:
1417
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
1418
services and the ability of the proposed information technology or telecommunications services
1419
or supplies to meet those needs; and
1420
(b) for purchases, leases, or rentals not covered by an existing statewide contract,
1421
provide in writing to the chief procurement officer in the Division of Purchasing and General
1422
Services that:
1423
(i) the analysis required in Subsection (7)(a) was completed; and
1424
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
1425
services, products, or supplies is practical, efficient, and economically beneficial to the state
1426
and the executive branch agency or subscriber of services.
1427
Section 28.
Section
63A-6-108
, which is renumbered from Section 63D-1a-307 is
1428
renumbered and amended to read:
1429
[63D-1a-307]. 63A-6-108. Relationship with the division.
1430
(1) In accordance with this section, the division shall submit an agency information
1431
technology plan.
1432
(2) The agency information technology plan submitted by the division under this
1433
section shall include:
1434
(a) the information required by Section [
63D-1a-303
]
63F-1-204
;
1435
(b) a list of the services the division offers or plans to offer;
1436
(c) a description of the performance measures used by the division to measure the
1437
quality of the services described in Subsection (2)(b); and
1438
(d) a summary of the state telecommunication plans developed in accordance with
1439
Subsection
63A-6-103
(2).
1440
(3) (a) In submitting its agency information technology plan under this section, the
1441
division shall comply with Section [
63D-1a-303
]
63F-1-204
.
1442
(b) The agency information technology plan submitted by the division under this
1443
section is subject to the approval of the chief information officer as provided in Section
1444
[
63D-1a-303
]
63F-1-204
.
1445
(4) (a) The division shall assist the chief information officer with restructuring the
1446
state's information technology governance in accordance with Title 63F, Utah Technology
1447
Governance Act.
1448
(b) Beginning July 1, 2005 and until the repeal of this chapter on July 1, 2006, the
1449
division shall systematically transfer all the powers and duties granted to the division under this
1450
chapter to the chief information officer and the Department of Technology Services in
1451
accordance with the chief information officer's plan developed in accordance with uncodified
1452
Section 69, Transition to new department, and as provided in Title 63F, Utah Technology
1453
Governance Act.
1454
(c) Notwithstanding the provisions of Section
63-38-8.2
, on July 1, 2006, any authority
1455
to acquire capital assets, which has been granted nonlapsing authority under the provisions of
1456
Section
63-38-8.2
, and which is held by the division shall be transferred to the Department of
1457
Technology Services.
1458
Section 29.
Section
63D-1a-102
is amended to read:
1459
63D-1a-102. Definitions.
1460
As used in this title:
1461
(1) "Cabinet level officials" means executive directors of departments and others who
1462
serve on the governor's cabinet.
1463
(2) "Chief information officer" means the chief information officer appointed under
1464
Section [
63D-1a-301
]
63F-1-201
.
1465
(3) "Commission" means the Utah Technology Commission created in Section
1466
63D-1a-201
.
1467
[(4) "Division" means the Division of Information Technology Services created in Title
1468
63A, Chapter 6, Information Technology Services.]
1469
[(5)] (4) (a) Except as provided in Subsection [(5)] (4)(b), "executive branch agency"
1470
means an agency or administrative subunit of state government.
1471
(b) "Executive branch agency" does not include:
1472
(i) the legislative branch;
1473
(ii) the judicial branches;
1474
(iii) the State Board of Education;
1475
(iv) the Board of Regents; and
1476
(v) institutions of higher education.
1477
[(6)] (5) "Executive branch strategic plan" means the executive branch strategic plan
1478
created under Section [
63D-1a-302
]
63F-1-203
.
1479
[(7) "Information system" means a system designed, built, operated, and maintained:]
1480
[(a) to collect, record, process, store, retrieve, and display information; and]
1481
[(b) involving one or more of the following resources:]
1482
[(i) people;]
1483
[(ii) procedures; or]
1484
[(iii) equipment.]
1485
[(8) "Information technology" means all computerized and auxiliary automated
1486
information handling, including:]
1487
[(a) systems design and analysis;]
1488
[(b) conversion of data;]
1489
[(c) computer programming;]
1490
[(d) information storage and retrieval;]
1491
[(e) voice, radio, video, and data communications;]
1492
[(f) requisite systems controls;]
1493
[(g) simulation; and]
1494
[(h) all related interactions between people and machines.]
1495
Section 30.
Section
63F-1-101
is enacted to read:
1496
TITLE 63F. UTAH TECHNOLOGY GOVERNANCE ACT
1497
CHAPTER 1. DEPARTMENT OF TECHNOLOGY SERVICES
1498
Part 1. General Provisions
1499
63F-1-101. Title.
1500
(1) This title is known as the "Utah Technology Governance Act."
1501
(2) This chapter is known as the "Department of Technology Services."
1502
Section 31.
Section
63F-1-102
is enacted to read:
1503
63F-1-102. Definitions.
1504
As used in this title:
1505
(1) "Board" means the Technology Advisory Board created in Section
63F-1-202
.
1506
(2) "Chief information officer" means the chief information officer appointed under
1507
Section
63F-1-201
.
1508
(3) "Commission" means the Utah Technology Commission created in Section
1509
63D-1a-201
.
1510
(4) "Computer center" means the location at which a central data processing platform is
1511
managed to serve multiple executive branch agencies.
1512
(5) "Data center" means a centralized repository for the storage, management, and
1513
dissemination of data.
1514
(6) "Department" means the Department of Technology Services.
1515
(7) (a) Except as provided in Subsection (7)(b), "executive branch agency" means an
1516
agency or administrative subunit of state government.
1517
(b) "Executive branch agency" does not include:
1518
(i) the legislative branch;
1519
(ii) the judicial branch;
1520
(iii) the State Board of Education;
1521
(iv) the Board of Regents; and
1522
(v) institutions of higher education.
1523
(8) "Executive branch strategic plan" means the executive branch strategic plan created
1524
under Section
63F-1-203
.
1525
(9) "Information technology" means all computerized and auxiliary automated
1526
information handling, including:
1527
(a) systems design and analysis;
1528
(b) conversion of data;
1529
(c) computer programming;
1530
(d) information storage and retrieval;
1531
(e) voice, radio, video, and data communications;
1532
(f) requisite systems controls;
1533
(g) simulation; and
1534
(h) all related interactions between people and machines.
1535
(10) "State information architecture" means a logically consistent set of principles,
1536
policies, and standards that guide the engineering of state government's information technology
1537
and infrastructure in a way that ensures alignment with state government's business and service
1538
needs.
1539
(11) "Telecommunications" means the transmission or reception of signs, signals,
1540
writing, images, sounds, messages, data, or other information of any nature by wire, radio, light
1541
waves, or other electromagnetic means.
1542
Section 32.