Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 122 (2015GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the chief information officer to set standards for accessibility of executive branch information technology by individuals with disabilities.

Every vote on this bill

Bill text

TECHNOLOGY SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Scott K. Jenkins
LONG TITLE
General Description:
This bill amends provisions related to information technology accessibility.
Highlighted Provisions:
This bill:
▸ requires the chief information officer to set standards for accessibility of executive
branch information technology by individuals with disabilities.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63F-1-102
, as last amended by Laws of Utah 2011, Chapter 270
63F-1-205
, as last amended by Laws of Utah 2014, Chapter 196
63F-1-206
, as last amended by Laws of Utah 2008, Chapter 382
ENACTS:
63F-1-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63F-1-102
 is amended to read:
63F-1-102.
Definitions.
As used in this title:
(1) "Board" means the Technology Advisory Board created in Section 
63F-1-202
.
(2) "Chief information officer" means the chief information officer appointed under
Section 
63F-1-201
.
(3) "Computer center" means the location at which a central data processing platform is
managed to serve multiple executive branch agencies.
(4) "Data center" means a centralized repository for the storage, management, and
dissemination of data.
(5) "Department" means the Department of Technology Services.
(6) (a) Except as provided in Subsection (6)(b), "executive branch agency" means an
agency or administrative subunit of state government.
(b) "Executive branch agency" does not include:
(i) the legislative branch;
(ii) the judicial branch;
(iii) the State Board of Education;
(iv) the Board of Regents;
(v) institutions of higher education;
(vi) independent entities as defined in Section 
63E-1-102
; and
(vii) elective constitutional offices of the executive department which includes:
(A) the state auditor;
(B) the state treasurer; and
(C) the attorney general.
(7) "Executive branch strategic plan" means the executive branch strategic plan created
under Section 
63F-1-203
.
(8) "Individual with a disability" means an individual with a condition that meets the
definition of "disability" in 42 U.S.C. Sec. 12102.
[
(8)
] 
(9)
 "Information technology" means all computerized and auxiliary automated
information handling, including:
(a) systems design and analysis;
(b) acquisition, storage, and conversion of data;
(c) computer programming;
(d) information storage and retrieval;
(e) voice, radio, video, and data communications;
(f) requisite systems controls;
(g) simulation; and
(h) all related interactions between people and machines.
[
(9)
] 
(10)
 "State information architecture" means a logically consistent set of
principles, policies, and standards that guide the engineering of state government's information
technology and infrastructure in a way that ensures alignment with state government's business
and service needs.
[
(10)
] 
(11)
 "Telecommunications" means the transmission or reception of signs,
signals, writing, images, sounds, messages, data, or other information of any nature by wire,
radio, light waves, or other electromagnetic means.
Section 2. Section 
63F-1-205
 is amended to read:
63F-1-205.
Approval of acquisitions of information technology.
(1) (a) Except as provided in Title 63M, Chapter 1, Part 26, Government Procurement
Private Proposal Program, in accordance with Subsection (2), the chief information officer
shall approve the acquisition by an executive branch agency of:
(i) information technology equipment;
(ii) telecommunications equipment;
(iii) software;
(iv) services related to the items listed in Subsections (1)(a)(i) through (iii); and
(v) data acquisition.
(b) The chief information officer may negotiate the purchase, lease, or rental of private
or public information technology or telecommunication services or facilities in accordance with
this section.
(c) Where practical, efficient, and economically beneficial, the chief information
officer shall use existing private and public information technology or telecommunication
resources.
(d) Notwithstanding another provision of this section, an acquisition authorized by this
section shall comply with rules made by the applicable rulemaking authority under Title 63G,
Chapter 6a, Utah Procurement Code.
(2) Before negotiating a purchase, lease, or rental under Subsection (1) for an amount
that exceeds the value established by the chief information officer by rule in accordance with
Section 
63F-1-206
, the chief information officer shall:
(a) conduct an analysis of the needs of executive branch agencies and subscribers of
services and the ability of the proposed information technology or telecommunications services
or supplies to meet those needs; and
(b) for purchases, leases, or rentals not covered by an existing statewide contract,
provide in writing to the chief procurement officer in the Division of Purchasing and General
Services that:
(i) the analysis required in Subsection (2)(a) was completed; and
(ii) based on the analysis, the proposed purchase, lease, rental, or master contract of
services, products, or supplies is practical, efficient, and economically beneficial to the state
and the executive branch agency or subscriber of services.
(3) In approving an acquisition described in Subsections (1) and (2), the chief
information officer shall:
(a) establish by administrative rule, in accordance with Section 
63F-1-206
, standards
under which an agency must obtain approval from the chief information officer before
acquiring the items listed in Subsections (1) and (2);
(b) for those acquisitions requiring approval, determine whether the acquisition is in
compliance with:
(i) the executive branch strategic plan;
(ii) the applicable agency information technology plan;
(iii) the budget for the executive branch agency or department as adopted by the
Legislature; [
and
]
(iv) Title 63G, Chapter 6a, Utah Procurement Code; and
(v) the information technology accessibility standards described in Section 
63F-1-210
;
and
(c) in accordance with Section 
63F-1-207
, require coordination of acquisitions between
two or more executive branch agencies if it is in the best interests of the state.
(4) (a) Each executive branch agency shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(i) at the request of the chief information officer; and
(ii) related to the executive branch agency's acquisition of any item listed in Subsection
(1).
(b) Beginning July 1, 2006 and in accordance with administrative rules established by
the department under Section 
63F-1-206
, no new technology projects may be initiated by an
executive branch agency or the department unless the technology project is described in a
formal project plan and the business case analysis has been approved by the chief information
officer and agency head. The project plan and business case analysis required by this
Subsection (4) shall be in the form required by the chief information officer, and shall include:
(i) a statement of work to be done and existing work to be modified or displaced;
(ii) total cost of system development and conversion effort, including system analysis
and programming costs, establishment of master files, testing, documentation, special
equipment cost and all other costs, including overhead;
(iii) savings or added operating costs that will result after conversion;
(iv) other advantages or reasons that justify the work;
(v) source of funding of the work, including ongoing costs;
(vi) consistency with budget submissions and planning components of budgets; and
(vii) whether the work is within the scope of projects or initiatives envisioned when the
current fiscal year budget was approved.
(5) (a) The chief information officer and the Division of Purchasing and General
Services shall work cooperatively to establish procedures under which the chief information
officer shall monitor and approve acquisitions as provided in this section.
(b) The procedures established under this section shall include at least the written
certification required by Subsection 
63G-6a-303
(1)(e).
Section 3. Section 
63F-1-206
 is amended to read:
63F-1-206.
Rulemaking -- Policies.
(1) (a) Except as provided in Subsection (2), in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the chief information officer shall make rules that:
(i) provide standards that impose requirements on executive branch agencies that:
(A) are related to the security of the statewide area network; and
(B) establish standards for when an agency must obtain approval before obtaining
items listed in Subsection 
63F-1-205
(1);
(ii) specify the detail and format required in an agency information technology plan
submitted in accordance with Section 
63F-1-204
;
(iii) provide for standards related to the privacy policies of websites operated by or on
behalf of an executive branch agency;
(iv) provide for the acquisition, licensing, and sale of computer software;
(v) specify the requirements for the project plan and business case analysis required by
Section 
63F-1-205
;
(vi) provide for project oversight of agency technology projects when required by
Section 
63F-1-205
;
(vii) establish, in accordance with Subsection 
63F-1-205
(2), the implementation of the
needs assessment for information technology purchases; [
and
]
(viii) establish telecommunications standards and specifications in accordance with
Section 
63F-1-404
[
.
]
; and
(ix) establish standards for accessibility of information technology by individuals with
disabilities in accordance with Section 
63F-1-210
.
(b) The rulemaking authority in this Subsection (1) is in addition to any other
rulemaking authority granted by this title.
(2) (a) Notwithstanding Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and subject to Subsection (2)(b), the chief information officer may adopt a policy that outlines
procedures to be followed by the chief information officer in facilitating the implementation of
this title by executive branch agencies if the policy:
(i) is consistent with the executive branch strategic plan; and
(ii) is not required to be made by rule under Subsection (1) or Section 
63G-3-201
.
(b) (i) A policy adopted by the chief information officer under Subsection (2)(a) may
not take effect until 30 days after the day on which the chief information officer submits the
policy to:
(A) the governor; and
(B) all cabinet level officials.
(ii) During the 30-day period described in Subsection (2)(b)(i), cabinet level officials
may review and comment on a policy submitted under Subsection (2)(b)(i).
(3) (a) Notwithstanding Subsection (1) or (2) or Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, without following the procedures of Subsection (1) or (2), the
chief information officer may adopt a security procedure to be followed by executive branch
agencies to protect the statewide area network if:
(i) broad communication of the security procedure would create a significant potential
for increasing the vulnerability of the statewide area network to breach or attack; and
(ii) after consultation with the chief information officer, the governor agrees that broad
communication of the security procedure would create a significant potential increase in the
vulnerability of the statewide area network to breach or attack.
(b) A security procedure described in Subsection (3)(a) is classified as a protected
record under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) The chief information officer shall provide a copy of the security procedure as a
protected record to:
(i) the chief justice of the Utah Supreme Court for the judicial branch;
(ii) the speaker of the House of Representatives and the president of the Senate for the
legislative branch;
(iii) the chair of the Board of Regents; and
(iv) the chair of the State Board of Education.
Section 4. Section 
63F-1-210
 is enacted to read:
 63F-1-210.
Accessibility standards for executive branch agency information
technology.
(1) The chief information officer shall establish, by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) minimum standards for accessibility of executive branch agency information
technology by an individual with a disability that:
(i) include accessibility criteria for:
(A) agency websites;
(B) hardware and software procured by an executive branch agency; and
(C) information systems used by executive branch agency employees; and
(ii) include a protocol to evaluate the standards via testing by individuals with a variety
of access limitations;
(b) grievance procedures for an individual with a disability who is unable to access
executive branch agency information technology, including:
(i) a process for an individual with a disability to report the access issue to the chief
information officer; and
(ii) a mechanism through which the chief information officer can respond to the report;
and
(c) are, at minimum, consistent with the Web Content Accessibility 2.0 guidelines
published by the World Wide Web Consortium.
(2) The chief information officer shall update the standards described in Subsection
(1)(a) at least every three years to reflect advances in technology.