Download Zipped Introduced WordPerfect HB0109.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 109
1
INFORMATION TECHNOLOGY GOVERNANCE
2
AMENDMENTS
3
2005 GENERAL SESSION
4
STATE OF UTAH
5
Sponsor: David Clark
6
7
LONG TITLE
8
General Description:
9
This bill consolidates information technology services and governance in the executive
10
branch of state government into one department.
11
Highlighted Provisions:
12
This bill:
13
. phases out the existing information technology governance structure in the
14
executive branch of state government over a one-year period;
15
. creates the Department of Technology Services which includes:
16
. an executive director, who serves as the chief information officer;
17
. the Division of Enterprise Technology;
18
. the Division of Integrated Technology including the Automated Geographic
19
Reference Center; and
20
. the Division of Agency Services;
21
. funds the department through an internal service fund;
22
. maintains merit status for employees whose functions are transferred to the
23
department, and requires nonmerit status for an employee who is hired for a new
24
position with the department;
25
. defines terms;
26
. establishes the purpose and duties of the department;
27
. creates an advisory board to the department and defines its duties;
28
. requires an annual executive branch strategic technology plan;
29
. requires annual agency information technology plans;
30
. requires the approval of certain technology procurement by the chief information
31
officer;
32
. gives rulemaking authority to the executive director of the department;
33
. requires the chief information officer to coordinate the development of technology
34
between executive branch agencies;
35
. authorizes the chief information officer to delegate functions of the department to
36
an agency under certain conditions;
37
. authorizes the chief information officer to assign department staff to work in-house
38
for an executive branch agency;
39
. establishes a rate committee;
40
. requires executive branch agencies to subscribe to services of the department and
41
permits other branches and public and higher education to subscribe to services of
42
the department;
43
. establishes the duties of the Division of Enterprise Technology;
44
. establishes the duties of the Division of Integrated Technology;
45
. transfers the Automated Geographic Reference Center to the department;
46
. establishes the duties of the Division of Agency Services;
47
. establishes the process and authority for the transition of the technology assets and
48
functions in the executive branch of government into the Department of Technology
49
Services;
50
. repeals the Division of Information Technology Services on July 1, 2006;
51
. amends state officers compensation to add the director of the department; and
52
. makes conforming and technical amendments.
53
Monies Appropriated in this Bill:
54
None
55
Other Special Clauses:
56
This bill provides an effective date.
57
This bill provides revisor instructions.
58
Utah Code Sections Affected:
59
AMENDS:
60
10-9-301.5, as enacted by Chapter 99, Laws of Utah 2004
61
11-36-201, as last amended by Chapter 99, Laws of Utah 2004
62
17-27-301.5, as enacted by Chapter 99, Laws of Utah 2004
63
17A-2-104, as enacted by Chapter 99, Laws of Utah 2004
64
17B-2-104, as enacted by Chapter 99, Laws of Utah 2004
65
20A-5-303, as last amended by Chapter 1, Laws of Utah 2003, Second Special Session
66
20A-13-104, as last amended by Chapter 225, Laws of Utah 2002
67
20A-14-102.2, as last amended by Chapter 225, Laws of Utah 2002
68
36-1-105, as last amended by Chapter 225, Laws of Utah 2002
69
36-1-204, as last amended by Chapter 225, Laws of Utah 2002
70
46-3-601, as last amended by Chapter 209, Laws of Utah 2003
71
46-3-602, as last amended by Chapter 209, Laws of Utah 2003
72
46-4-501, as last amended by Chapter 209, Laws of Utah 2003
73
46-4-503, as last amended by Chapters 90 and 120, Laws of Utah 2004
74
53-1-106, as last amended by Chapter 131, Laws of Utah 2003
75
53-10-601, as enacted by Chapter 313, Laws of Utah 2004
76
53-10-605, as enacted by Chapter 313, Laws of Utah 2004
77
53A-2-123, as enacted by Chapter 99, Laws of Utah 2004
78
54-3-28, as enacted by Chapter 99, Laws of Utah 2004
79
63-55b-163, as last amended by Chapters 37, 90 and 156, Laws of Utah 2004
80
63-56-9, as last amended by Chapter 35, Laws of Utah 2004
81
63A-1-108, as renumbered and amended by Chapter 212, Laws of Utah 1993
82
63A-1-109, as last amended by Chapter 356, Laws of Utah 2004
83
63A-1-114, as enacted by Chapter 34, Laws of Utah 2004
84
63A-6-101.5, as enacted by Chapter 209, Laws of Utah 2003
85
63A-6-103, as last amended by Chapter 209, Laws of Utah 2003
86
63A-6-105, as last amended by Chapters 34 and 35, Laws of Utah 2004
87
63D-1a-102, as enacted by Chapter 209, Laws of Utah 2003
88
67-1-14, as enacted by Chapter 209, Laws of Utah 2003
89
67-19-15, as last amended by Chapter 213, Laws of Utah 1997
90
67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
91
72-5-304, as renumbered and amended by Chapter 270, Laws of Utah 1998
92
ENACTS:
93
63F-1-101, Utah Code Annotated 1953
94
63F-1-102, Utah Code Annotated 1953
95
63F-1-103, Utah Code Annotated 1953
96
63F-1-104, Utah Code Annotated 1953
97
63F-1-105, Utah Code Annotated 1953
98
63F-1-106, Utah Code Annotated 1953
99
63F-1-107, Utah Code Annotated 1953
100
63F-1-201, Utah Code Annotated 1953
101
63F-1-202, Utah Code Annotated 1953
102
63F-1-203, Utah Code Annotated 1953
103
63F-1-204, Utah Code Annotated 1953
104
63F-1-205, Utah Code Annotated 1953
105
63F-1-206, Utah Code Annotated 1953
106
63F-1-207, Utah Code Annotated 1953
107
63F-1-208, Utah Code Annotated 1953
108
63F-1-209, Utah Code Annotated 1953
109
63F-1-301, Utah Code Annotated 1953
110
63F-1-302, Utah Code Annotated 1953
111
63F-1-303, Utah Code Annotated 1953
112
63F-1-401, Utah Code Annotated 1953
113
63F-1-402, Utah Code Annotated 1953
114
63F-1-403, Utah Code Annotated 1953
115
63F-1-404, Utah Code Annotated 1953
116
63F-1-501, Utah Code Annotated 1953
117
63F-1-502, Utah Code Annotated 1953
118
63F-1-503, Utah Code Annotated 1953
119
63F-1-504, Utah Code Annotated 1953
120
63F-1-505, Utah Code Annotated 1953
121
63F-1-601, Utah Code Annotated 1953
122
63F-1-602, Utah Code Annotated 1953
123
63F-1-603, Utah Code Annotated 1953
124
63F-1-604, Utah Code Annotated 1953
125
RENUMBERS AND AMENDS:
126
63A-6-108, (Renumbered from 63D-1a-307, as enacted by Chapter 209, Laws of Utah
127
2003)
128
63F-1-506, (Renumbered from 63A-6-202, as enacted by Chapter 212, Laws of Utah
129
1993)
130
63F-1-507, (Renumbered from 63A-6-203, as last amended by Chapter 225, Laws of
131
Utah 2002)
132
63F-1-508, (Renumbered from 63A-6-204, as enacted by Chapter 375, Laws of Utah
133
1999)
134
REPEALS:
135
63A-6-201, as renumbered and amended by Chapter 212, Laws of Utah 1993
136
63D-1a-301, as enacted by Chapter 209, Laws of Utah 2003
137
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
142
63D-1a-308, as enacted by Chapter 209, Laws of Utah 2003
143
63D-1a-309, as enacted by Chapter 209, Laws of Utah 2003
144
Uncodified Material Affected:
145
ENACTS UNCODIFIED MATERIAL
146
147
Be it enacted by the Legislature of the state of Utah:
148
Section 1.
Section
10-9-301.5
is amended to read:
149
10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
150
plan in certain municipalities.
151
(1) As used in this section:
152
(a) (i) "Affected entity" means each county, municipality, independent special district
153
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
154
Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
155
11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
156
(A) whose services or facilities are likely to require expansion or significant
157
modification because of an intended use of land; or
158
(B) that has filed with the municipality a copy of the entity's general or long-range
159
plan.
160
(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
.
164
(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
167
general plan.
168
(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;
171
(b) describe or provide a map of the geographic area that will be affected by the general
172
plan or amendments to a general plan;
173
(c) be sent to:
174
(i) each affected entity;
175
(ii) the Automated Geographic Reference Center created in Section [
63A-6-202
]
176
63F-1-506
;
177
(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
180
(iv) the state planning coordinator appointed under Section
63-38d-202
;
181
(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
183
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
186
(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
189
(e) include the address of an Internet website, if the municipality has one, and the name
190
and telephone number of a person where more information can be obtained concerning the
191
municipality's proposed general plan or amendments to a general plan.
192
Section 2.
Section
11-36-201
is amended to read:
193
11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
194
Summary -- Exemptions.
195
(1) (a) Each local political subdivision and private entity shall comply with the
196
requirements of this chapter before establishing or modifying any impact fee.
197
(b) A local political subdivision may not:
198
(i) establish any new impact fees that are not authorized by this chapter; or
199
(ii) impose or charge any other fees as a condition of development approval unless
200
those fees are a reasonable charge for the service provided.
201
(c) Notwithstanding any other requirements of this chapter, each local political
202
subdivision shall ensure that each existing impact fee that is charged for any public facility not
203
authorized by Subsection
11-36-102
(12) is repealed by July 1, 1995.
204
(d) (i) Existing impact fees for public facilities authorized in Subsection
11-36-102
(12)
205
that are charged by local political subdivisions need not comply with the requirements of this
206
chapter until July 1, 1997.
207
(ii) By July 1, 1997, each local political subdivision shall:
208
(A) review any impact fees in existence as of the effective date of this act, and prepare
209
and approve the analysis required by this section for each of those impact fees; and
210
(B) ensure that the impact fees comply with the requirements of this chapter.
211
(2) (a) Before imposing impact fees, each local political subdivision shall prepare a
212
capital facilities plan.
213
(b) (i) As used in this Subsection (2)(b):
214
(A) (I) "Affected entity" means each county, municipality, independent special district
215
under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
216
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
220
(Bb) that has filed with the local political subdivision or private entity a copy of the
221
general or long-range plan of the county, municipality, independent special district, local
222
district, school district, interlocal cooperation entity, or specified public utility.
223
(II) "Affected entity" does not include the local political subdivision or private entity
224
that is required under this Subsection (2) to provide notice.
225
(B) "Specified public utility" means an electrical corporation, gas corporation, or
226
telephone corporation, as those terms are defined in Section
54-2-1
.
227
(ii) Before preparing a capital facilities plan for facilities proposed on land located
228
within a county of the first or second class, each local political subdivision and each private
229
entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
230
a capital facilities plan.
231
(iii) Each notice under Subsection (2)(b)(ii) shall:
232
(A) indicate that the local political subdivision or private entity intends to prepare a
233
capital facilities plan;
234
(B) describe or provide a map of the geographic area where the proposed capital
235
facilities will be located;
236
(C) be sent to:
237
(I) each county in whose unincorporated area and each municipality in whose
238
boundaries is located the land on which the proposed facilities will be located;
239
(II) each affected entity;
240
(III) the Automated Geographic Reference Center created in Section [
63A-6-202
]
241
63F-1-506
;
242
(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.
253
(c) The plan shall identify:
254
(i) demands placed upon existing public facilities by new development activity; and
255
(ii) the proposed means by which the local political subdivision will meet those
256
demands.
257
(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
262
subdivision shall, before adopting the capital facilities plan:
263
(A) give public notice of the plan according to this Subsection (2)(e);
264
(B) at least 14 days before the date of the public hearing:
265
(I) make a copy of the plan, together with a summary designed to be understood by a
266
lay person, available to the public; and
267
(II) place a copy of the plan and summary in each public library within the local
268
political subdivision; and
269
(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.
288
(4) A local political subdivision may only impose impact fees on development
289
activities when its plan for financing system improvements establishes that impact fees are
290
necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
291
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.
Section
63F-1-103
is enacted to read:
1543
63F-1-103. Department of Technology Services.
1544
(1) There is created within state government the Department of Technology Services
1545
which has all of the policymaking functions, regulatory and enforcement powers, rights, duties,
1546
and responsibilities outlined in this title.
1547
(2) In accordance with Subsection
63-38-3.5
(7), the department has authority to
1548
operate as an internal service fund agency as provided in Section
63-38-3.5
.
1549
Section 33.
Section
63F-1-104
is enacted to read:
1550
63F-1-104. Purposes.
1551
The department shall:
1552
(1) lead state executive branch agency efforts to reengineer the state's information
1553
technology architecture with the goal of coordinating central and individual agency information
1554
technology in a manner that:
1555
(a) ensures compliance with the executive branch agency strategic plan; and
1556
(b) ensures that cost-effective, efficient information and communication systems and
1557
resources are being used by agencies to:
1558
(i) reduce data, hardware, and software redundancy;
1559
(ii) improve system interoperability and data accessibility between agencies; and
1560
(iii) meet the agency's and user's business and service needs;
1561
(2) (a) coordinate an executive branch strategic plan for all agencies;
1562
(b) identify best practices from agencies and other public and private sector entities;
1563
and
1564
(c) develop and implement processes to replicate information technology best practices
1565
and standards throughout the executive branch;
1566
(3) oversee the expanded use and implementation of project and contract management
1567
principles as they relate to information technology projects within the executive branch;
1568
(4) serve as general contractor between the state's information technology users and
1569
private sector providers of information technology products and services;
1570
(5) work toward building stronger partnering relationships with providers;
1571
(6) develop service level agreements with executive branch departments and agencies
1572
to ensure quality products and services are delivered on schedule and within budget;
1573
(7) develop standards for application development including a standard methodology
1574
and cost-benefit analysis that all agencies shall utilize for application development activities;
1575
(8) determine and implement statewide efforts to standardize data elements and
1576
determine data ownership assignments among executive branch agencies;
1577
(9) develop systems and methodologies to review, evaluate, and prioritize existing
1578
information technology projects within the executive branch and report to the governor and the
1579
commission on a semiannual basis regarding the status of information technology projects; and
1580
(10) assist the Governor's Office of Planning and Budget with the development of
1581
information technology budgets for agencies.
1582
Section 34.
Section
63F-1-105
is enacted to read:
1583
63F-1-105. Appointment of executive director -- Compensation -- Authority.
1584
(1) The governor shall:
1585
(a) appoint the executive director with the consent of the Senate; and
1586
(b) establish the executive director's salary within the salary range fixed by the
1587
Legislature in Title 67, Chapter 22, State Officer Compensation.
1588
(2) The executive director shall:
1589
(a) serve at the pleasure of the governor; and
1590
(b) exercise all powers given to and perform all duties imposed on the department.
1591
Section 35.
Section
63F-1-106
is enacted to read:
1592
63F-1-106. Executive director -- Jurisdiction over divisions and office directors --
1593
Authority.
1594
(1) The executive director of the department has administrative jurisdiction over each
1595
division and office in the department and the division and office directors. The executive
1596
director may make changes in personnel and service functions in the divisions under the
1597
director's administrative jurisdiction, and authorize designees to perform appropriate
1598
responsibilities, to effectuate greater efficiency and economy in the operations of the
1599
department as permitted by this section.
1600
(2) The executive director may establish offices and bureaus to perform functions such
1601
as budgeting, planning, and personnel administration to facilitate management of the
1602
department.
1603
(3) The executive director may hire employees in the department, divisions, and offices
1604
as permitted by department resources. Except as provided in Subsection (4), any employees of
1605
the department are exempt from career service or classified service status as provided in
1606
Section
67-19-15
.
1607
(4) (a) An employee of an executive branch agency who was a career service employee
1608
as of July 1, 2005 and whose functions are transferred to the Department of Technology
1609
Services continues in the employee's career service status during the employee's service to the
1610
Department of Technology Services.
1611
(b) The Department of Technology Services together with the Department of Human
1612
Resource Management may develop financial and other incentives to encourage a career
1613
service employee who transfers to the department under the provisions of Subsection (4)(a) to
1614
voluntarily convert to an exempt position under Section
67-19-15
.
1615
(c) If a career service employee transfers to the department under the provisions of
1616
Subsection (4)(a) and terminates his employment with the department for any reason, the
1617
employment position shall be exempt from career service status under the provisions of
1618
Subsection (3).
1619
Section 36.
Section
63F-1-107
is enacted to read:
1620
63F-1-107. Divisions of department -- Administration.
1621
(1) The department shall be composed of the following divisions:
1622
(a) the Division of Enterprise Technology;
1623
(b) the Division of Integrated Technology; and
1624
(c) the Division of Agency Services.
1625
(2) Each division shall be administered and managed by a division director.
1626
Section 37.
Section
63F-1-201
is enacted to read:
1627
Part 2. Chief Information Officer
1628
63F-1-201. Chief information officer -- Appointment -- Powers -- Reporting.
1629
(1) The director of the department shall serve as the state's chief information officer.
1630
(2) The chief information officer shall:
1631
(a) advise the governor on information technology policy; and
1632
(b) perform those duties given the chief information officer by statute.
1633
(3) (a) The chief information officer shall report annually to:
1634
(i) the governor;
1635
(ii) the commission; and
1636
(iii) the Public Utilities and Technology Interim Committee.
1637
(b) The report required under Subsection (3)(a) shall:
1638
(i) summarize the state's current and projected use of information technology;
1639
(ii) summarize the executive branch strategic plan including a description of major
1640
changes in the executive branch strategic plan; and
1641
(iii) provide a brief description of each state agency's information technology plan.
1642
Section 38.
Section
63F-1-202
is enacted to read:
1643
63F-1-202. Technology Advisory Board -- Membership -- Duties.
1644
(1) There is created the Technology Advisory Board to the chief information officer.
1645
The board shall have seven members as follows:
1646
(a) three members appointed by the governor who are individuals actively involved in
1647
business planning for state agencies;
1648
(b) one member appointed by the governor who is actively involved in business
1649
planning for higher education or public education;
1650
(c) one member appointed by the speaker of the House of Representatives and
1651
president of the Senate from the Legislative Automation Committee of the Legislature to
1652
represent the legislative branch;
1653
(d) one member appointed by the Judicial Council to represent the judicial branch; and
1654
(e) one member appointed by the governor who represents private sector business
1655
needs in the state, but who is not an information technology vendor for the state.
1656
(2) (a) The members of the advisory board shall elect a chair from the board by
1657
majority vote.
1658
(b) The department shall provide staff to the board.
1659
(c) (i) A majority of the members of the board constitutes a quorum.
1660
(ii) Action by a majority of a quorum of the board constitutes an action of the board.
1661
(3) The board shall meet as necessary to advise the chief information officer and assist
1662
the chief information officer and executive branch agencies in coming to consensus on:
1663
(a) the development and implementation of the state's information technology strategic
1664
plan;
1665
(b) critical information technology initiatives for the state;
1666
(c) the development of standards for state information architecture;
1667
(d) identification of the business and technical needs of state agencies;
1668
(e) the department's performance measures for service agreements with executive
1669
branch agencies and subscribers of services; and
1670
(f) the efficient and effective operation of the department.
1671
(4) (a) (i) Members of the board who are not state government employees shall receive
1672
no compensation of benefits for their services, but may receive per diem and expenses incurred
1673
in the performance of the member's official duties at the rates established by the Division of
1674
Finance under Sections
63A-3-106
and
63A-3-107
.
1675
(ii) Members may decline to receive per diem and expense for their service.
1676
(b) (i) State government officers and employee members who do not receive salary, per
1677
diem, or expenses from their agency for their service may receive per diem and expenses
1678
incurred in the performance of their official duties at the rates established by the Division of
1679
Finance under Sections
63A-3-106
and
63A-3-107
.
1680
(ii) State government officer and employee members may decline to receive per diem
1681
and expenses for the member's service.
1682
Section 39.
Section
63F-1-203
is enacted to read:
1683
63F-1-203. Executive branch information technology strategic plan.
1684
(1) In accordance with this section, the chief information officer shall prepare an
1685
executive branch information technology strategic plan:
1686
(a) that complies with this chapter; and
1687
(b) which shall include:
1688
(i) a strategic plan for the:
1689
(A) interchange of information related to information technology between executive
1690
branch agencies;
1691
(B) coordination between executive branch agencies in the development and
1692
maintenance of information technology and information systems including the coordination of
1693
agency information technology plans described in Section
63F-1-204
; and
1694
(C) protection of the privacy of individuals who use state information technology or
1695
information systems;
1696
(ii) priorities for the development and implementation of information technology or
1697
information systems including priorities determined on the basis of:
1698
(A) the importance of the information technology or information system; and
1699
(B) the time sequencing of the information technology or information system; and
1700
(iii) maximizing the use of existing state information technology resources.
1701
(2) In the development of the executive branch strategic plan, the chief information
1702
officer shall consult with all cabinet level officials and the advisory board created in Section
1703
63F-1-202
.
1704
(3) (a) Unless withdrawn by the chief information officer or the governor in accordance
1705
with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
1706
which the executive branch strategic plan is submitted to:
1707
(i) the governor; and
1708
(ii) the commission.
1709
(b) The chief information officer or the governor may withdraw the executive branch
1710
strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
1711
determines that the executive branch strategic plan:
1712
(i) should be modified; or
1713
(ii) for any other reason should not take effect.
1714
(c) The commission may make recommendations to the governor and to the chief
1715
information officer if the commission determines that the executive branch strategic plan
1716
should be modified or for any other reason should not take effect.
1717
(d) Modifications adopted by the chief information officer shall be resubmitted to the
1718
governor and the commission for their review or approval as provided in Subsections (3)(a)
1719
and (b).
1720
(4) The executive branch strategic plan is to be implemented by executive branch
1721
agencies through each executive branch agency adopting an agency information technology
1722
plan in accordance with Section
63F-1-204
.
1723
Section 40.
Section
63F-1-204
is enacted to read:
1724
63F-1-204. Agency information technology plans.
1725
(1) (a) By July 1 of each year, each executive branch agency shall submit an agency
1726
information technology plan to the chief information officer at the department level, unless the
1727
governor or the chief information officer request an information technology plan be submitted
1728
by a subunit of a department, or by an executive branch agency other than a department.
1729
(b) The information technology plans required by this section shall be in the form and
1730
level of detail required by the chief information officer, by administrative rule adopted in
1731
accordance with Section
63F-1-206
, and shall include, at least:
1732
(i) the information technology objectives of the agency;
1733
(ii) any performance measures used by the agency for implementing the agency's
1734
information technology objectives;
1735
(iii) any planned expenditures related to information technology;
1736
(iv) the agency's need for appropriations for information technology;
1737
(v) how the agency's development of information technology coordinates with other
1738
state and local governmental entities;
1739
(vi) any efforts the agency has taken to develop public and private partnerships to
1740
accomplish the information technology objectives of the agency; and
1741
(vii) the efforts the executive branch agency has taken to conduct transactions
1742
electronically in compliance with Section
46-4-503
.
1743
(2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
1744
described in Subsection (1) shall comply with the executive branch strategic plan established in
1745
accordance with Section
63F-1-203
.
1746
(b) If the executive branch agency submitting the agency information technology plan
1747
justifies the need to depart from the executive branch strategic plan, an agency information
1748
technology plan may depart from the executive branch strategic plan to the extent approved by
1749
the chief information officer.
1750
(3) (a) On receipt of a state agency information technology plan, the chief information
1751
officer shall forward a complete copy of the agency information technology plan to the
1752
Division of Enterprise Technology created in Section
63F-1-401
and the Division of Integrated
1753
Technology created in Section
63F-1-501
.
1754
(b) The divisions shall provide the chief information officer a written analysis of each
1755
agency plan submitted in accordance with Sections
63F-1-404
and
63F-1-504
.
1756
(4) (a) The chief information officer shall review each agency plan to determine:
1757
(i) (A) whether the agency plan complies with the executive strategic plan and state
1758
information architecture; or
1759
(B) to the extent that the agency plan does not comply with the executive strategic plan
1760
or state information architecture, whether the executive branch entity is justified in departing
1761
from the executive strategic plan, or state information architecture; and
1762
(ii) whether the agency plan meets the information technology and other needs of:
1763
(A) the executive branch agency submitting the plan; and
1764
(B) the state.
1765
(b) In conducting the review required by Subsection (4)(a), the chief information
1766
officer shall consider the analysis submitted by the divisions under Subsection (3).
1767
(5) After the chief information officer conducts the review described in Subsection (4)
1768
of an agency information technology plan, the chief information officer may:
1769
(a) approve the agency information technology plan;
1770
(b) disapprove the agency information technology plan; or
1771
(c) recommend modifications to the agency information technology plan.
1772
(6) An executive branch agency or the department may not submit a request for
1773
appropriation related to information technology or an information technology system to the
1774
governor in accordance with Section
63-38-2
until after the executive branch agency's
1775
information technology plan is approved by the chief information officer.
1776
Section 41.
Section
63F-1-205
is enacted to read:
1777
63F-1-205. Approval of acquisitions of information technology.
1778
(1) (a) In accordance with Subsection (2), the chief information officer shall approve
1779
the acquisition by an executive branch agency of:
1780
(i) information technology equipment;
1781
(ii) telecommunications equipment;
1782
(iii) software; and
1783
(iv) services related to the items listed in Subsections (1)(a)(i) through (iii).
1784
(b) The chief information officer may negotiate the purchase, lease, or rental of private
1785
or public information technology or telecommunication services or facilities in accordance with
1786
this section.
1787
(c) Where practical, efficient, and economically beneficial, the chief information
1788
officer shall use existing private and public information technology or telecommunication
1789
resources.
1790
(2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
1791
that exceeds the value established by the chief information officer by rule in accordance with
1792
Section
63F-1-206
, the chief information officer shall:
1793
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
1794
services and the ability of the proposed information technology or telecommunications services
1795
or supplies to meet those needs; and
1796
(b) for purchases, leases, or rentals not covered by an existing statewide contract,
1797
provide in writing to the chief procurement officer in the Division of Purchasing and General
1798
Services that:
1799
(i) the analysis required in Subsection (2)(a) was completed; and
1800
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
1801
services, products, or supplies is practical, efficient, and economically beneficial to the state
1802
and the executive branch agency or subscriber of services.
1803
(3) In approving an acquisition described in Subsections (1) and (2), the chief
1804
information officer shall:
1805
(a) establish by administrative rule, in accordance with Section
63F-1-206
, standards
1806
under which an agency must obtain approval from the chief information officer before
1807
acquiring the items listed in Subsections (1) and (2);
1808
(b) for those acquisitions requiring approval, determine whether the acquisition is in
1809
compliance with:
1810
(i) the executive strategic plan;
1811
(ii) the applicable agency information technology plan;
1812
(iii) the budget for the executive branch agency or department as adopted by the
1813
Legislature; and
1814
(iv) Title 63, Chapter 56, Utah Procurement Code; and
1815
(c) in accordance with Section
63F-1-207
, require coordination of acquisitions between
1816
two or more executive branch agencies if it is in the best interests of the state.
1817
(4) (a) Each executive branch agency shall provide the chief information officer with
1818
complete access to all information technology records, documents, and reports:
1819
(i) at the request of the chief information officer; and
1820
(ii) related to the executive branch agency's acquisition of any item listed in Subsection
1821
(1).
1822
(b) Beginning July 1, 2006 and in accordance with administrative rules established by
1823
the department under Section
63F-1-206
, no new technology projects may be initiated by an
1824
executive branch agency or the department unless the technology project is described in a
1825
formal project plan and the business case analysis has been approved by the chief information
1826
officer and agency head. The project plan and business case analysis required by this
1827
Subsection (4) shall be in the form required by the chief information officer, and shall include:
1828
(i) a statement of work to be done and existing work to be modified or displaced;
1829
(ii) total cost of system development and conversion effort, including system analysis
1830
and programming costs, establishment of master files, testing, documentation, special
1831
equipment cost and all other costs, including overhead;
1832
(iii) savings or added operating costs that will result after conversion;
1833
(iv) other advantages or reasons that justify the work;
1834
(v) source of funding of the work, including ongoing costs;
1835
(vi) consistency with budget submissions and planning components of budgets; and
1836
(vii) whether the work is within the scope of projects or initiatives envisioned when the
1837
current fiscal year budget was approved.
1838
(5) (a) The chief information officer and the Division of Purchasing and General
1839
Services shall work cooperatively to establish procedures under which the chief information
1840
officer shall monitor and approve acquisitions as provided in this section.
1841
(b) The procedures established under this section shall include at least the written
1842
certification required by Subsection
63-56-9
(8).
1843
Section 42.
Section
63F-1-206
is enacted to read:
1844
63F-1-206. Rulemaking -- Policies.
1845
(1) (a) Except as provided in Subsection (2), in accordance with Title 63, Chapter 46a,
1846
Utah Administrative Rulemaking Act, the chief information officer shall make rules that:
1847
(i) provide standards that impose requirements on executive branch agencies that:
1848
(A) are related to the security of the statewide area network; and
1849
(B) establish standards for when an agency must obtain approval before obtaining
1850
items listed in Subsection
63F-1-205
(1);
1851
(ii) specify the detail and format required in an agency information technology plan
1852
submitted in accordance with Section
63F-1-204
;
1853
(iii) provide for standards related to the privacy policies of websites operated by or on
1854
behalf of an executive branch agency;
1855
(iv) provide for the acquisition, licensing, and sale of computer software;
1856
(v) specify the requirements for the project plan and business case analysis required by
1857
Section
63F-1-205
;
1858
(vi) provide for project oversight of agency technology projects when required by
1859
Section
63F-1-205
;
1860
(vii) establish, in accordance with Subsection
63F-1-205
(2), the implementation of the
1861
needs assessment for information technology purchases;
1862
(viii) establish telecommunications standards and specifications in accordance with
1863
Section
63F-1-404
; and
1864
(ix) establish policies regarding the issuance of digital certificates by government
1865
entities under Section
46-3-601
.
1866
(b) The rulemaking authority in this Subsection (1) is in addition to any other rule
1867
making authority granted by this title.
1868
(2) (a) Notwithstanding Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1869
and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
1870
procedures to be followed by the chief information officer in facilitating the implementation of
1871
this title by executive branch agencies if the policy:
1872
(i) is consistent with the executive strategic plan; and
1873
(ii) is not required to be made by rule under Subsection (1) or Section
63-46a-3
.
1874
(b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
1875
not take effect until 30 days after the day on which the chief information officer submits the
1876
policy to:
1877
(A) the governor; and
1878
(B) all cabinet level officials.
1879
(ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
1880
may review and comment on a policy submitted under Subsection (2)(b)(i).
1881
(3) (a) Notwithstanding Subsection (1) or (2) or Title 63, Chapter 46a, Utah
1882
Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
1883
chief information officer may adopt a security procedure to be followed by executive branch
1884
agencies to protect the statewide area network if:
1885
(i) broad communication of the security procedure would create a significant potential
1886
for increasing the vulnerability of the statewide area network to breach or attack; and
1887
(ii) after consultation with the chief information officer, the governor agrees that broad
1888
communication of the security procedure would create a significant potential increase in the
1889
vulnerability of the statewide area network to breach or attack.
1890
(b) A security procedure described in Subsection (3)(a) is classified as a protected
1891
record under Title 63, Chapter 2, Government Records Access and Management Act.
1892
(c) The chief information officer shall provide a copy of the security procedure as a
1893
protected record to:
1894
(i) the chief justice of the Utah Supreme Court for the judicial branch;
1895
(ii) the speaker of the House of Representatives and the president of the Senate for the
1896
legislative branch;
1897
(iii) the chair of the Board of Regents; and
1898
(iv) the chair of the State Board of Education.
1899
Section 43.
Section
63F-1-207
is enacted to read:
1900
63F-1-207. Coordination within the executive branch -- Cooperation with other
1901
branches.
1902
(1) In accordance with the executive branch strategic plan and the requirements of this
1903
title, the chief information officer shall coordinate the development of information technology
1904
systems between two or more executive branch agencies subject to:
1905
(a) the budget approved by the Legislature; and
1906
(b) Title 63, Chapter 38, Budgetary Procedures Act.
1907
(2) In addition to the coordination described in Subsection (1), the chief information
1908
officer shall promote cooperation regarding information technology in a manner consistent
1909
with the interbranch coordination plan created in accordance with Title 63D, Chapter 1a, Part
1910
4, Interbranch Coordination.
1911
Section 44.
Section
63F-1-208
is enacted to read:
1912
63F-1-208. Delegation of department functions.
1913
(1) (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other
1914
provisions of this section, the chief information officer may delegate a function of the
1915
department to another executive branch agency or an institution of higher education by contract
1916
or other means authorized by law.
1917
(b) The chief information officer may delegate a function of the department as
1918
provided in Subsection (1)(a) if in the judgment of the director of the executive branch agency,
1919
the director of the division, and the chief information officer:
1920
(i) the executive branch agency or institution of higher education has requested that the
1921
function be delegated;
1922
(ii) the executive branch agency or institution of higher education has the necessary
1923
resources and skills to perform or control the function to be delegated; and
1924
(iii) the function to be delegated is a unique or mission critical function of the agency
1925
or institution of higher education which is not appropriate to:
1926
(A) govern or manage under the Division of Enterprise Technology; or
1927
(B) govern or manage under the Division of Integrated Technology.
1928
(2) The chief information officer may delegate a function of the department only when
1929
the delegation results in net cost savings or improved service delivery to the state as a whole or
1930
to the unique mission critical function of the executive branch agency.
1931
(3) The delegation of a function under this section shall:
1932
(a) be in writing;
1933
(b) contain all of the following:
1934
(i) a precise definition of each function to be delegated;
1935
(ii) a clear description of the standards to be met in performing each function
1936
delegated;
1937
(iii) a provision for periodic administrative audits by the Division of Agency Services
1938
in accordance with Section
63F-1-604
;
1939
(iv) a date on which the agreement shall terminate if the agreement has not been
1940
previously terminated or renewed; and
1941
(v) any delegation of department staff to the agency to support the function in-house
1942
with the agency and rates to be charged for the delegated staff; and
1943
(c) include a cost-benefit analysis justifying the delegation in accordance with Section
1944
63F-1-604
.
1945
(4) An agreement to delegate functions to an executive branch agency or an institution
1946
of higher education may be terminated by the department if the results of an administrative
1947
audit conducted by the division reveals a lack of compliance with the terms of the agreement
1948
by the executive branch agency or institution of higher education.
1949
Section 45.
Section
63F-1-209
is enacted to read:
1950
63F-1-209. Delegation of department staff to executive branch agencies --
1951
Prohibition against executive branch agency information technology staff.
1952
(1) (a) The chief information officer shall assign department staff to serve an agency
1953
in-house if the chief information officer and the executive branch agency director jointly
1954
determine it is appropriate to provide information technology services to:
1955
(i) the agency's unique mission critical functions and applications;
1956
(ii) the agency's participation in and use of statewide enterprise architecture under the
1957
Division of Enterprise Technology; and
1958
(iii) the agency's use of coordinated technology services with other agencies that share
1959
similar characteristics with the agency under the Division of Integrated Technology.
1960
(b) (i) An agency may request the chief information officer to assign in-house staff
1961
support from the department.
1962
(ii) The chief information officer shall respond to the agency's request for in-house
1963
staff support in accordance with Subsection (1)(a).
1964
(c) The department shall enter into service agreements with an agency when
1965
department staff is assigned in-house to the agency under the provisions of this section.
1966
(d) An agency that receives in-house staff support assigned from the department under
1967
the provision of this section is responsible for paying the rates charged by the department for
1968
that staff as established under Section
63F-1-301
.
1969
(2) (a) After July 1, 2006, an executive branch agency may not create a full-time
1970
equivalent position or part-time position, or request an appropriation to fund a full-time
1971
equivalent position or part-time position under the provisions of Section
63-38-2
for the
1972
purpose of providing information technology services to the agency unless:
1973
(i) the chief information officer has approved a delegation under Section
63F-1-208
;
1974
and
1975
(ii) the Department of Agency Services conducts an audit under Section
63F-1-604
and
1976
finds that the delegation of information technology services to the agency meets the
1977
requirements of Section
63F-1-208
.
1978
(b) The prohibition against a request for appropriation under Subsection (2)(a) does not
1979
apply to a request for appropriation needed to pay rates imposed under Section (1)(d).
1980
Section 46.
Section
63F-1-301
is enacted to read:
1981
Part 3. Information Technology Rate Committee
1982
63F-1-301. Cost based services -- Fees -- Rate committee.
1983
(1) The chief information officer shall:
1984
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective
1985
information technology and telecommunication services for:
1986
(i) all executive branch agencies; and
1987
(ii) entities that subscribe to the services in accordance with Section
63F-1-303
; and
1988
(b) provide priority service to public safety agencies.
1989
(2) (a) In accordance with this Subsection (2), the chief information officer shall
1990
prescribe a schedule of fees for all services rendered by the department to:
1991
(i) an executive branch entity; or
1992
(ii) an entity that subscribes to services rendered by the department in accordance with
1993
Section
63F-1-303
.
1994
(b) Each fee included in the schedule of fees required by Subsection (2)(a):
1995
(i) shall be equitable;
1996
(ii) should be based upon a zero based, full cost accounting of activities necessary to
1997
provide each service for which a fee is established; and
1998
(iii) for each service multiplied by the projected consumption of the service recovers
1999
no more or less than the full cost of each service.
2000
(c) Before charging a fee for its services to an executive branch agency or to a
2001
subscriber of services other than an executive branch agency, the chief information officer
2002
shall:
2003
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
2004
in Section
63F-1-302
; and
2005
(ii) obtain the approval of the Legislature as required by Section
63-38-3.5
.
2006
(d) The chief information officer shall conduct a market analysis by July 1, 2006, and
2007
periodically thereafter, of proposed rates and fees, which analysis shall include a comparison of
2008
the department's rates with the fees of other public or private sector providers where
2009
comparable services and rates are reasonably available.
2010
Section 47.
Section
63F-1-302
is enacted to read:
2011
63F-1-302. Information Technology Rate Committee -- Membership -- Duties.
2012
(1) (a) There is created an Information Technology Rate Committee which shall consist
2013
of:
2014
(i) the director of the Governor's Office of Planning and Budget, or a designee;
2015
(ii) the executive directors, or their designee, of three executive branch agencies that
2016
use services and pay rates to one of the department internal service funds, appointed by the
2017
governor for a two-year term;
2018
(iii) the director of the Division of Finance, or a designee; and
2019
(v) the chief information officer.
2020
(b) (i) The director of the Division of Finance shall serve as chair of the committee.
2021
(ii) Members of the committee who are state government employees and who do not
2022
receive salary, per diem, or expenses from their agency for their service on the committee shall
2023
receive no compensation, benefits, per diem, or expenses for the members' service on the
2024
committee.
2025
(c) The department shall provide staff services to the committee.
2026
(2) (a) Any internal service funds managed by the department shall submit to the
2027
committee a proposed rate and fee schedule for services rendered by the department to an
2028
executive branch agency or an entity that subscribes to services rendered by the department.
2029
(b) The committee shall:
2030
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public
2031
Meetings;
2032
(ii) review the proposed rate and fee schedule and determine if the proposed fee is
2033
based on cost recovery as required by Subsection
63F-1-301
(2)(b);
2034
(iii) review the proposed rate and fee schedules and may approve, increase, or decrease
2035
the rate and fee;
2036
(iv) recommend a proposed rate and fee schedule for each internal service fund to:
2037
(A) the Governor's Office of Planning and Budget; and
2038
(B) the Office of Legislative Fiscal Analyst for review by the Legislature in accordance
2039
with Section
63-38-3.5
, which requires the Legislature to approve the internal service fund
2040
agency's rates, fees, and budget in an appropriations act; and
2041
(v) in accordance with Section
63-38-3.5
, review and approve, increase or decrease an
2042
interim rate, fee, or amount when an internal service fund agency begins a new service or
2043
introduces a new product between annual general sessions of the Legislature, which rate, fee, or
2044
amount shall be submitted to the Legislature at the next annual general session.
2045
(c) The committee may in accordance with Subsection
63-38-3.5
(4) decrease a rate,
2046
fee, or amount that has been approved by the Legislature.
2047
Section 48.
Section
63F-1-303
is enacted to read:
2048
63F-1-303. Executive branch agencies -- Subscription by institutions.
2049
(1) An executive branch agency in accordance with its agency information technology
2050
plan approved by the chief information officer shall:
2051
(a) subscribe to the information technology services provided by the department; or
2052
(b) contract with one or more alternate private providers of information technology
2053
services if the chief information officer determines that the purchase of the services from a
2054
private provider will:
2055
(i) result in:
2056
(A) cost savings;
2057
(B) increased efficiency; or
2058
(C) improved quality of services; and
2059
(ii) not impair the interoperability of the state's information technology services.
2060
(2) An institution of higher education may subscribe to the services provided by the
2061
department if:
2062
(a) the president of the institution recommends that the institution subscribe to the
2063
services of the department; and
2064
(b) the Board of Regents determines that subscription to the services of the department
2065
will result in cost savings or increased efficiency to the institution.
2066
(3) The following may subscribe to information technology services by requesting that
2067
the services be provided from the department:
2068
(a) the legislative branch;
2069
(b) the judicial branch;
2070
(c) the State Board of Education;
2071
(d) a political subdivision of the state;
2072
(e) an agency of the federal government; or
2073
(f) an independent entity as defined in Section
63E-1-102
.
2074
Section 49.
Section
63F-1-401
is enacted to read:
2075
Part 4. Division of Enterprise Technology
2076
63F-1-401. Creation -- Administration.
2077
There is created within the department the Division of Enterprise Technology to be
2078
administered by a director.
2079
Section 50.
Section
63F-1-402
is enacted to read:
2080
63F-1-402. Definitions.
2081
As used in this chapter, "enterprise architecture" means information technology assets
2082
and functions that can be applied across state government and include:
2083
(1) computing devices such as mainframes, servers, desktop devices, and peripherals;
2084
(2) networks;
2085
(3) enterprise wide applications;
2086
(4) maintenance and help desk functions for common hardware and applications;
2087
(5) standards for other computing devices, operating systems, common applications,
2088
and software; and
2089
(6) master contracts that are available for use by agencies for various systems such as
2090
operating systems, database, enterprise resource planning and customer relationship
2091
management software, application development services, and enterprise integration.
2092
Section 51.
Section
63F-1-403
is enacted to read:
2093
63F-1-403. Director of division -- Appointment.
2094
The executive director shall appoint a director of the Division of Enterprise Technology
2095
with the approval of the governor.
2096
Section 52.
Section
63F-1-404
is enacted to read:
2097
63F-1-404. Duties of the division.
2098
The division shall:
2099
(1) develop and implement an effective enterprise architecture governance model for
2100
the executive branch;
2101
(2) provide oversight of information technology projects that impact statewide
2102
information technology services, assets, or functions of state government to:
2103
(a) control costs;
2104
(b) ensure business value to a project;
2105
(c) maximize resources;
2106
(d) ensure the uniform application of best practices; and
2107
(e) avoid duplication of resources;
2108
(3) develop a method of accountability to agencies for services provided by the
2109
division through service agreements with the agencies;
2110
(4) beginning September 1, 2006, and each September 1 thereafter, provide the chief
2111
information officer and the commission with performance measures used by the division to
2112
measure the quality of service delivered by the division and the results of the performance
2113
measures;
2114
(5) serve as a project manager for enterprise architecture which includes the
2115
management of applications, standards, and procurement of enterprise architecture;
2116
(6) coordinate the development and implementation of advanced state
2117
telecommunication systems;
2118
(7) provide services including technical assistance:
2119
(a) to executive branch agencies and subscribers to the services; and
2120
(b) related to information technology or telecommunications;
2121
(8) establish telecommunication system specifications and standards for use by:
2122
(a) one or more executive branch agencies; or
2123
(b) one or more entities that subscribe to the telecommunication systems in accordance
2124
with Section
63F-1-303
;
2125
(9) coordinate state telecommunication planning in cooperation with:
2126
(a) state telecommunication users;
2127
(b) executive branch agencies; and
2128
(c) other subscribers to the state's telecommunication systems;
2129
(10) cooperate with the federal government, other state entities, counties, and
2130
municipalities in the development, implementation, and maintenance of:
2131
(a) (i) governmental information technology; or
2132
(ii) governmental telecommunication systems; and
2133
(b) (i) as part of a cooperative organization; or
2134
(ii) through means other than a cooperative organization;
2135
(11) establish, operate, manage, and maintain:
2136
(a) one or more state data centers; and
2137
(b) one or more regional computer centers;
2138
(12) design, implement, and manage all state-owned, leased, or rented land mobile or
2139
radio telecommunication systems that are used in the delivery of services for state government
2140
or its political subdivisions;
2141
(13) in accordance with the executive branch strategic plan, implement minimum
2142
standards to be used by the division for purposes of compatibility of procedures, programming
2143
languages, codes, and media that facilitate the exchange of information within and among
2144
telecommunication systems; and
2145
(14) provide the chief information officer with an analysis of an executive branch
2146
agency information technology plan that includes:
2147
(a) an assessment of how the implementation of the agency information technology
2148
plan will affect the costs, operations, and services of:
2149
(i) the department; and
2150
(ii) other executive branch agencies; and
2151
(b) any recommended changes to the plan.
2152
Section 53.
Section
63F-1-501
is enacted to read:
2153
Part 5. Division of Integrated Technology
2154
63F-1-501. Creation -- Administration.
2155
There is created within the department the Division of Integrated Technology to be
2156
administered by a director.
2157
Section 54.
Section
63F-1-502
is enacted to read:
2158
63F-1-502. Definitions.
2159
As used in this part:
2160
(1) "Center" means the Automated Geographic Reference Center created in Section
2161
63F-1-506
.
2162
(2) "Database" means the State Geographic Information Database created in Section
2163
63F-1-507
.
2164
(3) "Director" means the director appointed in accordance with Section
63F-1-503
.
2165
(4) "Division" means the Division of Integrated Technology created in this part.
2166
(5) "Geographic Information System" or "GIS" means a computer driven data
2167
integration and map production system that interrelated disparate layers of data to specific
2168
geographic locations.
2169
(6) "State Geographic Information Database" means the database mandated by Section
2170
63F-1-506
.
2171
Section 55.
Section
63F-1-503
is enacted to read:
2172
63F-1-503. Director of division -- Appointment.
2173
The executive director shall appoint a director of the Division of Integrated Technology
2174
with the approval of the governor.
2175
Section 56.
Section
63F-1-504
is enacted to read:
2176
63F-1-504. Duties of the division.
2177
The division shall:
2178
(1) establish standards for the information technology needs of a collection of
2179
executive branch agencies or programs that share common characteristics relative to the types
2180
of stakeholders they serve, including:
2181
(a) project management;
2182
(b) application development; and
2183
(c) procurement;
2184
(2) provide oversight of information technology standards that impact multiple
2185
executive branch agency information technology services, assets, or functions to:
2186
(a) control costs;
2187
(b) ensure business value to a project;
2188
(c) maximize resources;
2189
(d) ensure the uniform application of best practices; and
2190
(e) avoid duplication of resources;
2191
(3) in accordance with Section
63F-1-204
, provide the chief information officer a
2192
written analysis of any agency information technology plan provided to the division, which
2193
shall include:
2194
(a) a review of whether the agency's technology projects impact multiple agencies and
2195
if so, whether the information technology projects are appropriately designed and developed;
2196
(b) an assessment of whether the agency plan complies with the state information
2197
architecture; and
2198
(c) an assessment of whether the information technology projects included in the
2199
agency plan comply with policies, procedures, and rules adopted by the department to ensure
2200
that:
2201
(i) information technology projects are phased in;
2202
(ii) funding is released in phases;
2203
(iii) an agency's authority to proceed to the next phase of an information technology
2204
project is contingent upon the successful completion of the prior phase; and
2205
(iv) one or more specific deliverables is identified for each phase of a technology
2206
project;
2207
(4) establish a system of accountability to user agencies through the use of service
2208
agreements;
2209
(5) each year, provide the chief information officer and the commission with
2210
performance measures used by the division to measure the quality of services delivered by the
2211
division and results of those measures; and
2212
(6) establish administrative rules in accordance with Section
63F-1-206
and as required
2213
by Section
63F-1-506
.
2214
Section 57.
Section
63F-1-505
is enacted to read:
2215
63F-1-505. Information technology plan.
2216
(1) In accordance with this section, the division shall submit an information technology
2217
plan to the chief information officer.
2218
(2) The information technology plan submitted by the division under this section shall
2219
include:
2220
(a) the information required by Section
63F-1-203
;
2221
(b) a list of the services the division offers or plans to offer; and
2222
(c) a description of the performance measures used by the division to measure the
2223
quality of the services described in Subsection (2)(b).
2224
(3) (a) In submitting its information technology plan under this section, the division
2225
shall comply with Section
63F-1-204
.
2226
(b) The information technology plan submitted by the division under this section is
2227
subject to the approval of the chief information officer as provided in Section
63F-1-204
.
2228
Section 58.
Section
63F-1-506
, which is renumbered from Section 63A-6-202 is
2229
renumbered and amended to read:
2230
[63A-6-202]. 63F-1-506. Automated Geographic Reference Center.
2231
(1) There is created the Automated Geographic Reference Center as part of the
2232
division.
2233
(2) The center shall:
2234
(a) provide geographic information system services to state agencies under rules
2235
adopted in accordance with Section
63F-1-504
and policies established by the division;
2236
(b) provide geographic information system services to federal government, local
2237
political subdivisions, and private persons under rules and policies established by the division;
2238
(c) manage the State Geographic Information Database; and
2239
(d) establish standard format, lineage, and other requirements for the database.
2240
(3) The division may:
2241
(a) make rules and establish policies to govern the center and its operations; and
2242
(b) set fees for the services provided by the center.
2243
Section 59.
Section
63F-1-507
, which is renumbered from Section 63A-6-203 is
2244
renumbered and amended to read:
2245
[63A-6-203]. 63F-1-507. State Geographic Information Database.
2246
(1) There is created a State Geographic Information Database to be managed by the
2247
center.
2248
(2) The database shall:
2249
(a) serve as the central reference for all information contained in any GIS database by
2250
any state agency;
2251
(b) serve as a clearing house and repository for all data layers required by multiple
2252
users; and
2253
(c) serve as a standard format for geographic information acquired, purchased, or
2254
produced by any state agency.
2255
(3) Each state agency that acquires, purchases, or produces digital geographic
2256
information data shall:
2257
(a) inform the center of the existence of the data layers and their geographic extent;
2258
(b) allow the center access to all data classified public; and
2259
(c) comply with any database requirements established by the center.
2260
(4) At least annually, the State Tax Commission shall deliver to the center information
2261
the State Tax Commission receives under Sections
10-1-116
,
11-13-204, 11-13-205
,
17-2-4
,
2262
17-2-9
,
17-3-3
,
17A-1-102
,
17B-2-215
, and
17B-4-201
relating to the creation or modification
2263
of the boundaries of the political subdivisions that are the subject of those sections.
2264
Section 60.
Section
63F-1-508
, which is renumbered from Section 63A-6-204 is
2265
renumbered and amended to read:
2266
[63A-6-204]. 63F-1-508. Committee to award grants to counties for
2267
inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for
2268
proposals.
2269
(1) There is created within the center a committee to award grants to counties to
2270
inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
2271
provided by Subsection (5).
2272
(2) (a) The committee shall consist of:
2273
(i) the center manager;
2274
(ii) a representative of the Governor's Office of Planning and Budget;
2275
(iii) a representative of Utah State University Extension;
2276
(iv) a representative of the Utah Association of Counties; and
2277
(v) three county commissioners.
2278
(b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
2279
be selected by the organizations they represent.
2280
(c) The committee members specified in Subsection (2)(a)(v) shall be:
2281
(i) selected by the Utah Association of Counties;
2282
(ii) from rural counties; and
2283
(iii) from different regions of the state.
2284
(3) (a) The committee shall select a chair from its membership.
2285
(b) The committee shall meet upon the call of the chair or a majority of the committee
2286
members.
2287
(c) Four members shall constitute a quorum.
2288
(4) (a) Committee members who are state government employees shall receive no
2289
additional compensation for their work on the committee.
2290
(b) Committee members who are not state government employees shall receive no
2291
compensation or expenses from the state for their work on the committee.
2292
(5) (a) The committee shall award grants to counties to:
2293
(i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
2294
technology; and
2295
(ii) photograph:
2296
(A) roads and other evidence of construction of R.S. 2477 rights-of-way;
2297
(B) structures or natural features that may be indicative of the purpose for which an
2298
R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
2299
facilities, or scenic overlooks; and
2300
(C) evidence of valid and existing rights on federal lands, such as mines and
2301
agricultural facilities.
2302
(b) (i) The committee may allow counties, while they are conducting the activities
2303
described in Subsection (5)(a), to use grant monies to inventory, map, or photograph other
2304
natural or cultural resources.
2305
(ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
2306
programs underway by state agencies, counties, or institutions of higher education.
2307
(c) Maps and other data acquired through the grants shall become a part of the State
2308
Geographic Information Database.
2309
(d) Counties shall provide an opportunity to interested parties to submit information
2310
relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
2311
provided in Subsections (5)(a) and (5)(b).
2312
(6) (a) The committee shall develop a request for proposals process and issue a request
2313
for proposals.
2314
(b) The request for proposals shall require each grant applicant to submit an
2315
implementation plan and identify any monetary or in-kind contributions from the county.
2316
(c) In awarding grants, the committee shall give priority to proposals to inventory, map,
2317
and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
2318
which are located on federal lands that:
2319
(i) a federal land management agency proposes for special management, such as lands
2320
to be managed as an area of critical environmental concern or primitive area; or
2321
(ii) are proposed to receive a special designation by Congress, such as lands to be
2322
designated as wilderness or a national conservation area.
2323
(7) Each county that receives a grant under the provision of this section shall provide a
2324
copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
2325
database.
2326
Section 61.
Section
63F-1-601
is enacted to read:
2327
Part 6. Division of Agency Services
2328
63F-1-601. Division of Agency Services -- Director --Appointment.
2329
There is created within the department the Division of Agency Services, to be
2330
administered by a director.
2331
Section 62.
Section
63F-1-602
is enacted to read:
2332
63F-1-602. Definitions.
2333
As used in this part, "division" means the Division of Agency Services.
2334
Section 63.
Section
63F-1-603
is enacted to read:
2335
63F-1-603. Director of division -- Appointment.
2336
The executive director shall appoint a director of the division with the approval of the
2337
governor.
2338
Section 64.
Section
63F-1-604
is enacted to read:
2339
63F-1-604. Duties of the division.
2340
The division shall:
2341
(1) be responsible for providing support to executive branch agencies for an agency's
2342
information technology assets and functions that are unique to the executive branch agency and
2343
are mission critical functions of the agency;
2344
(2) conduct audits of an executive branch agency when requested under the provisions
2345
of Section
63F-1-208
;
2346
(3) conduct cost-benefit analysis of delegating a department function to an agency in
2347
accordance with Section
63F-1-208
;
2348
(4) provide in-house information technology staff support to executive branch
2349
agencies;
2350
(5) establish accountability and performance measures for the division to assure that
2351
the division is meeting the business and service needs of the state and individual executive
2352
branch agencies;
2353
(6) establish a committee composed of agency user groups for the purpose of
2354
coordinating department services with agency needs;
2355
(7) assist executive branch agencies in complying with the requirements of any rule
2356
adopted by the chief information officer; and
2357
(8) by July 1, 2006 and each July 1 thereafter, report to the commission on the
2358
performance measures used by the division under Subsection (5) and the results.
2359
Section 65.
Section
67-1-14
is amended to read:
2360
67-1-14. Information technology.
2361
The governor shall review the executive branch strategic plan submitted to the governor
2362
by the chief information officer in accordance with Section [
63D-1a-302
]
63F-1-203
.
2363
Section 66.
Section
67-19-15
is amended to read:
2364
67-19-15. Career service -- Exempt positions -- Schedules for civil service
2365
positions -- Coverage of career service provisions.
2366
(1) Except as otherwise provided by law or by rules and regulations established for
2367
federally aided programs, the following positions are exempt from the career service provisions
2368
of this chapter:
2369
(a) the governor, members of the Legislature, and all other elected state officers,
2370
designated as Schedule AA;
2371
(b) the agency heads enumerated in Section
67-22-2
, and commissioners designated as
2372
Schedule AB;
2373
(c) all employees and officers in the office and at the residence of the governor,
2374
designated as Schedule AC;
2375
(d) employees who are in a confidential relationship to an agency head or
2376
commissioner and who report directly to, and are supervised by, a department head,
2377
commissioner, or deputy director of an agency or its equivalent, designated as Schedule AD;
2378
(e) unskilled employees in positions requiring little or no specialized skill or training,
2379
designated as Schedule AE;
2380
(f) part-time professional noncareer persons who are paid for any form of medical and
2381
other professional service and who are not engaged in the performance of administrative duties,
2382
designated as Schedule AF;
2383
(g) attorneys in the attorney general's office who are under their own career service pay
2384
plan, designated as Schedule AG;
2385
(h) teaching staff of all state institutions and patients and inmates employed in state
2386
institutions, designated as Schedule AH;
2387
(i) persons appointed to a position vacated by an employee who has a right to return
2388
under federal or state law or policy, designated as Schedule AI;
2389
(j) noncareer employees compensated for their services on a seasonal or contractual
2390
basis who are hired for limited periods of less than nine consecutive months or who are
2391
employed on less than 1/2 time basis, designated as Schedule AJ;
2392
(k) those employees in a personal and confidential relationship to elected officials,
2393
designated as Schedule AK;
2394
(l) employees appointed to perform work of a limited duration not exceeding two years
2395
or to perform work with time-limited funding, designated as Schedule AL;
2396
(m) employees of the Department of Community and Economic Development whose
2397
positions are designated as executive/professional positions by the executive director of the
2398
Department of Community and Economic Development with the concurrence of the director,
2399
designated as Schedule AM;
2400
(n) employees of the Legislature, designated as Schedule AN;
2401
(o) employees of the judiciary, designated as Schedule AO;
2402
(p) all judges in the judiciary, designated as Schedule AP;
2403
(q) members of state and local boards and councils appointed by the governor and
2404
governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
2405
faculty, and other employees of state universities and other state institutions of higher
2406
education, designated as Schedule AQ;
2407
(r) employees who make statewide policy, designated as Schedule AR; [and]
2408
(s) any other employee whose appointment is required by statute to be career service
2409
exempt, designated as Schedule AS[.]; and
2410
(t) employees of the Department of Technology Services, designated as
2411
executive/professional positions by the executive director of the Department of Technology
2412
Services with the concurrence of the director, designated as Schedule AT.
2413
(2) The civil service shall consist of two schedules as follows:
2414
(a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
2415
(ii) Removal from any appointive position under Schedule A, unless otherwise
2416
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
2417
(b) Schedule B is the competitive career service schedule, consisting of all positions
2418
filled through competitive selection procedures as defined by the director.
2419
(3) (a) The director, after consultation with the heads of concerned executive branch
2420
departments and agencies and with the approval of the governor, shall allocate positions to the
2421
appropriate schedules under this section.
2422
(b) Agency heads shall make requests and obtain approval from the director before
2423
changing the schedule assignment and tenure rights of any position.
2424
(c) Unless the director's decision is reversed by the governor, when the director denies
2425
an agency's request, the director's decision is final.
2426
(4) (a) Compensation for employees of the Legislature shall be established by the
2427
directors of the legislative offices in accordance with Section
36-12-7
.
2428
(b) Compensation for employees of the judiciary shall be established by the state court
2429
administrator in accordance with Section
78-3-24
.
2430
(c) Compensation for officers, faculty, and other employees of state universities and
2431
institutions of higher education shall be established as provided in Title 53B, Chapters 1 and 2.
2432
(d) Unless otherwise provided by law, compensation for all other Schedule A
2433
employees shall be established by their appointing authorities, within ranges approved by, and
2434
after consultation with the director of the Department of Human Resources.
2435
(5) All employees of the Office of State Auditor, the Office of State Treasurer, the
2436
Office of the Attorney General, excluding attorneys who are under their own career service
2437
system, and employees who are not exempt under this section are covered by the career service
2438
provisions of this chapter.
2439
Section 67.
Section
67-22-2
is amended to read:
2440
67-22-2. Compensation -- Other state officers.
2441
(1) The governor shall establish salaries for the following state officers within the
2442
following salary ranges fixed by the Legislature:
2443
State Officer Salary Range
2444
Commissioner of Agriculture and Food $65,200 - $88,400
2445
Commissioner of Insurance $65,200 - $88,400
2446
Commissioner of the Labor Commission $65,200 - $88,400
2447
Director, Alcoholic Beverage Control
2448
Commission $65,200 - $88,400
2449
Commissioner, Department of
2450
Financial Institutions $65,200 - $88,400
2451
Members, Board of Pardons and Parole $65,200 - $88,400
2452
Executive Director, Department
2453
of Commerce $65,200 - $88,400
2454
Executive Director, Commission on
2455
Criminal and Juvenile Justice $65,200 - $88,400
2456
Adjutant General $65,200 - $88,400
2457
Chair, Tax Commission $70,600 - $95,200
2458
Commissioners, Tax Commission $70,600 - $95,200
2459
Executive Director, Department of
2460
Community and Economic
2461
Development $70,600 - $95,200
2462
Executive Director, Tax Commission $70,600 - $95,200
2463
Chair, Public Service Commission $70,600 - $95,200
2464
Commissioners, Public Service
2465
Commission $70,600 - $95,200
2466
Executive Director, Department
2467
of Corrections $76,800 - $103,600
2468
Commissioner, Department of Public Safety $76,800 - $103,600
2469
Executive Director, Department of
2470
Natural Resources $76,800 - $103,600
2471
Director, Governor's Office of Planning
2472
and Budget $76,800 - $103,600
2473
Executive Director, Department of
2474
Administrative Services $76,800 - $103,600
2475
Executive Director, Department of
2476
Human Resource Management $76,800 - $103,600
2477
Executive Director, Department of
2478
Environmental Quality $76,800 - $103,600
2479
Executive Director, Department of
2480
Workforce Services $83,600 - $112,900
2481
Executive Director, Department of
2482
Health $83,600 - $112,900
2483
Executive Director, Department
2484
of Human Services $83,600 - $112,900
2485
Executive Director, Department
2486
of Transportation $83,600 - $112,900
2487
[Chief Information Officer]
2488
Executive Director, Department
2489
of Information Technology
2490
Services $83,600 - $112,900
2491
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
2492
follows:
2493
(i) the option of participating in a state retirement system established by Title 49, Utah
2494
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
2495
by the State Retirement Office in accordance with the Internal Revenue Code and its
2496
accompanying rules and regulations;
2497
(ii) health insurance;
2498
(iii) dental insurance;
2499
(iv) basic life insurance;
2500
(v) unemployment compensation;
2501
(vi) workers' compensation;
2502
(vii) required employer contribution to Social Security;
2503
(viii) long-term disability income insurance;
2504
(ix) the same additional state-paid life insurance available to other noncareer service
2505
employees;
2506
(x) the same severance pay available to other noncareer service employees;
2507
(xi) the same sick leave, converted sick leave, educational allowances, and holidays
2508
granted to Schedule B state employees, and the same annual leave granted to Schedule B state
2509
employees with more than ten years of state service;
2510
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
2511
provided by law or rule upon resignation or retirement according to the same criteria and
2512
procedures applied to Schedule B state employees;
2513
(xiii) the option to purchase additional life insurance at group insurance rates according
2514
to the same criteria and procedures applied to Schedule B state employees; and
2515
(xiv) professional memberships if being a member of the professional organization is a
2516
requirement of the position.
2517
(b) Each department shall pay the cost of additional state-paid life insurance for its
2518
executive director from its existing budget.
2519
(3) The Legislature fixes the following additional benefits:
2520
(a) for the executive director of the State Tax Commission a vehicle for official and
2521
personal use;
2522
(b) for the executive director of the Department of Transportation a vehicle for official
2523
and personal use;
2524
(c) for the executive director of the Department of Natural Resources a vehicle for
2525
commute and official use;
2526
(d) for the Commissioner of Public Safety:
2527
(i) an accidental death insurance policy if POST certified; and
2528
(ii) a public safety vehicle for official and personal use;
2529
(e) for the executive director of the Department of Corrections:
2530
(i) an accidental death insurance policy if POST certified; and
2531
(ii) a public safety vehicle for official and personal use;
2532
(f) for the Adjutant General a vehicle for official and personal use; and
2533
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
2534
official use.
2535
(4) (a) The governor has the discretion to establish a specific salary for each office
2536
listed in Subsection (1), and, within that discretion, may provide salary increases within the
2537
range fixed by the Legislature.
2538
(b) The governor shall apply the same overtime regulations applicable to other FLSA
2539
exempt positions.
2540
(c) The governor may develop standards and criteria for reviewing the performance of
2541
the state officers listed in Subsection (1).
2542
(5) Salaries for other Schedule A employees, as defined in Section
67-19-15
, which are
2543
not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
2544
Act, shall be established as provided in Section
67-19-15
.
2545
Section 68.
Section
72-5-304
is amended to read:
2546
72-5-304. Mapping and survey requirements.
2547
(1) The Department of Transportation, counties, and cities are not required to possess
2548
centerline surveys for R.S. 2477 rights-of-ways.
2549
(2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be
2550
included in the plats, descriptions, and maps of county roads required by Sections
72-3-105
and
2551
72-3-107
or on the State Geographic Information Database, created in Section [
63A-6-203
]
2552
63F-1-507
, required to be maintained by Subsection (3).
2553
(3) (a) The Automated Geographic Reference Center, created in Section [
63A-6-202
]
2554
63F-1-506
, shall create and maintain a record of R.S. 2477 rights-of-way on the Geographic
2555
Information Database.
2556
(b) The record of R.S. 2477 rights-of-way shall be based on information maintained by
2557
the Department of Transportation and cartographic, topographic, photographic, historical, and
2558
other data available to or maintained by the Automated Geographic Reference Center.
2559
(c) Agencies and political subdivisions of the state may provide additional information
2560
regarding R.S. 2477 rights-of-way when information is available.
2561
Section 69. Transition to new department.
2562
(1) As used in this chapter:
2563
(a) "commission" means the Utah Technology Commission;
2564
(b) "department" means the Department of Technology Services; and
2565
(c) "executive branch agency" has the same meaning as in Section
63F-1-102
.
2566
(2) The chief information officer shall serve as the transition director to provide
2567
executive direction and supervision for the implementation of all transfers of authority and
2568
technology functions in the executive branch to the department which are made pursuant to this
2569
bill and the Utah Technology Governance Act.
2570
(3) (a) The transition director and the directors of all executive branch agencies shall
2571
jointly identify the program positions and administrative function positions that will be
2572
transferred to the department according to the Utah Technology Governance Act.
2573
(b) The transition director and the directors of all executive branch agencies and
2574
programs shall make every effort to develop agreements specifying the positions to be
2575
transferred from the executive branch agency or program to the department no later than
2576
August 31, 2005.
2577
(c) In the event of a failure to reach an agreement on the positions to be transferred
2578
under the provisions of this Subsection (3):
2579
(i) the transition director shall submit his recommendation to the governor and to the
2580
commission no later than August 31, 2005 for their consideration;
2581
(ii) the commission may recommend to the governor the position or function to be
2582
transferred to the department; and
2583
(iii) the governor shall determine whether to transfer the position or function to the
2584
department.
2585
(4) The transition director shall immediately initiate coordination with the directors of
2586
all executive branch agencies affected by this bill to facilitate the transfer of programs,
2587
positions, and administrative functions, and shall develop memoranda of record identifying any
2588
pending settlements, issues of compliance with applicable federal and state laws and
2589
regulations, or other obligations to be resolved related to the authority to be transferred.
2590
(5) Notwithstanding the provisions of Subsection
63-38-3.5
(8)(f)(i), all records,
2591
personnel, property, equipment, grants, unexpended and unexpired balances of appropriations,
2592
allocations and other funds used, held, employed, available or to be made available to any
2593
entity for the activities, powers, duties, functions, and responsibilities transferred to the
2594
department by this bill shall transfer to the department at the direction of the transition director,
2595
the Governor's Office of Planning and Budget, and in accordance with the Utah Technology
2596
Governance Act.
2597
(6) The transition director shall administer the functions of this bill in a manner that
2598
promotes efficient administration and shall make internal organizational changes as necessary
2599
to complete the realignment of responsibilities required by this bill and the Utah Technology
2600
Governance Act.
2601
(7) The transition director and other individuals designated by the governor may
2602
request the assistance of any executive branch agency with respect to personnel, budgeting,
2603
procurement, information systems, and other management related functions, and the executive
2604
branch agency shall provide the requested assistance.
2605
(8) (a) The transition director may temporarily hire or retain contractors,
2606
subcontractors, or advisors as the transition director considers necessary for the strategic
2607
planning and implementation of the transition.
2608
(b) A temporary person hired or contracted with under this Subsection (8) must be
2609
selected in accordance with Title 63, Chapter 56, Utah Procurement Code.
2610
(c) All persons hired on a temporary basis for the transition shall be terminated by July
2611
30, 2006.
2612
(9) After consultation with the transition director and the governor, the state budget
2613
director shall:
2614
(a) determine the most efficient process necessary for transitioning the technology
2615
budgets of the various executive branch agencies including the Division of Information
2616
Technology Services to the department;
2617
(b) submit a supplemental budget and, if needed, a 2006-07 budget recommendation to
2618
the Legislature prior to the 2006 General Session detailing steps necessary to transition
2619
employees, activities, assets, liabilities, budgets, and other authorities of appropriated and
2620
internal services fund technology functions into the department;
2621
(c) in accordance with Subsection
63-38-3.5
(4)(b) establish interim rates for products
2622
and services to be provided on a capital maintenance and cost reimbursement basis and to be
2623
recovered through interagency billing such that the interim rates:
2624
(i) are based upon a zero based, full cost accounting of activities necessary to provide
2625
each service for which a rate is established;
2626
(ii) for each service multiplied by the projected consumption of the service recovers no
2627
more or less than the full cost of each service; and
2628
(iii) are submitted to the Legislature for authorization in accordance with Subsection
2629
63-38-3.5
(4)(b); and
2630
(d) handle the financial transactions and records in the state's financial management
2631
and records system during the period of transition.
2632
(10) All rules, orders, contracts, grants, and agreements relating to the functions of the
2633
Department of Technology Services lawfully adopted prior to the effective date of this bill by
2634
the responsible state executive branch agency shall continue to be effective until revised,
2635
amended, or rescinded.
2636
(11) Any suit, action, or other proceeding lawfully commenced by, against, or before
2637
any entity affected by this chapter shall not abate by reason of this bill.
2638
(12) Beginning July 1, 2005, the transition director shall provide a report to the
2639
commission on a quarterly basis concerning the progress and implementation of the executive
2640
branch transition of information technology functions to the department.
2641
(13) The transition director shall include in the report any recommendations for the
2642
2006 Legislature regarding any statutory changes that are needed to make the transition
2643
complete.
2644
(14) The transition director's authority under this bill ends on December 31, 2006.
2645
Section 70. Repealer.
2646
This bill repeals:
2647
Section 63A-6-201, Definitions.
2648
Section 63D-1a-301, Chief information officer -- Appointment -- Powers --
2649
Reporting.
2650
Section 63D-1a-302, Executive branch information technology strategic plan.
2651
Section 63D-1a-303, Agency information technology plans.
2652
Section 63D-1a-304, Monitoring acquisitions of information technology.
2653
Section 63D-1a-305, Rulemaking -- Policies.
2654
Section 63D-1a-306, Coordination within the executive branch -- Cooperation with
2655
other branches.
2656
Section 63D-1a-308, Facilitating the electronic delivery of government services.
2657
Section 63D-1a-309, Utah Technology Infrastructure Innovation Program.
2658
Section 71. Effective date.
2659
This bill takes effect on July 1, 2005, except that:
2660
(1) uncodified Section 69, Transition to new department, takes effect on May 2, 2005;
2661
and
2662
(2) the amendments to Sections
63A-1-108
,
63A-1-109
, and
63A-1-114
take effect on
2663
July 1, 2006.
2664
Section 72. Revisor instructions.
2665
It is the intent of the Legislature that, in preparing the Utah Code database for
2666
publication, the Office of Legislative Research and General Counsel shall replace the words
2667
"this bill" in Section 69, Transition to new department, with the bills designated chapter
2668
number in the Laws of Utah.
Legislative Review Note
as of 2-2-05 12:13 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.