Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 380 Third Substitute (2016GS)

Sponsor

Rep. Dee, B.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the method of appointing the chair of the Utah Communications Authority Board to appointment by the governor with consultation with the board and with consent by the Senate;
• requires the governor to rotate appointment of the chair, every two years, between a local government representative and a state representative;
• requires the Utah Communications Authority Board to create a comprehensive strategic plan;
• establishes requirements for the comprehensive strategic plan;
• requires each division of the Utah Communications Authority to contribute to the comprehensive strategic plan;
• requires yearly reports from the Utah Communications Authority Board to the Legislative Management Committee and the Executive Offices and Criminal Justice Appropriations Subcommittee;
• amends the 911 Advisory Committee, the Radio Network Advisory Committee, and the Interoperability Advisory Committee;
• requires the Utah Communications Authority to report to the Legislative Executive Appropriations Committee before issuing bonds;
• makes the Utah Communications Authority Board and committee members subject to the Utah Public Officers' and Employees' Ethics Act;
• clarifies that the Utah Communications Authority is subject to the Utah Procurement Code; and
• requires the Utah Communications Authority to establish human resource guidelines substantially similar to those that apply to state government.

Every vote on this bill

Bill text

UTAH COMMUNICATIONS AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad L. Dee
Senate Sponsor: 
Kevin T. Van Tassell
LONG TITLE
General Description:
This bill amends the Utah Communications Authority Act.
Highlighted Provisions:
This bill:
▸ amends the method of appointing the chair of the Utah Communications Authority
Board to appointment by the governor with consultation with the board and with
consent by the Senate;
▸ requires the governor to rotate appointment of the chair, every two years, between a
local government representative and a state representative;
▸ requires the Utah Communications Authority Board to create a comprehensive
strategic plan;
▸ establishes requirements for the comprehensive strategic plan;
▸ requires each division of the Utah Communications Authority to contribute to the
comprehensive strategic plan;
▸ requires yearly reports from the Utah Communications Authority Board to the
Legislative Management Committee and the Executive Offices and Criminal Justice
Appropriations Subcommittee;
▸ amends the 911 Advisory Committee, the Radio Network Advisory Committee, and
the Interoperability Advisory Committee;
▸ requires the Utah Communications Authority to report to the Legislative Executive
Appropriations Committee before issuing bonds;
▸ makes the Utah Communications Authority Board and committee members subject
to the Utah Public Officers' and Employees' Ethics Act;
▸ clarifies that the Utah Communications Authority is subject to the Utah
Procurement Code; and
▸ requires the Utah Communications Authority to establish human resource
guidelines substantially similar to those that apply to state government.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63H-7a-203
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-204
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-205
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-206
, as enacted by Laws of Utah 2015, Chapter 450 and last amended by
Coordination Clause, Laws of Utah 2015, Chapter 450
63H-7a-302
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-307
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-402
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-403
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-405
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-502
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-504
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-701
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-803
, as renumbered and amended by Laws of Utah 2015, Chapter 411
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63H-7a-203
 is amended to read:
63H-7a-203.
Board established -- Terms -- Vacancies.
(1) There is created the "Utah Communications Authority Board."
(2) The board shall consist of the following individuals, who may not be employed by
the authority or any office or division of the authority:
(a) the member representatives elected as follows:
(i) one representative elected from each county of the first and second class, who:
(A) is in law enforcement, fire service, or a public safety answering point; and
(B) has a leadership position with public safety communication experience;
(ii) one representative elected from each of the seven associations of government who:
(A) is in law enforcement, fire service, or a public safety answering point; and
(B) has a leadership position with public safety communication experience;
(iii) one representative of the Native American tribes elected by the representative of
tribal governments listed in Subsection 
9-9-104.5
(2);
(iv) one representative elected by the Utah National Guard;
(v) one representative elected by an association that represents fire chiefs;
(vi) one representative elected by an association that represents sheriffs;
(vii) one representative elected by an association that represents chiefs of police; and
(viii) one member elected by the 911 Advisory Committee created in Section
63H-7a-307
; [
and
]
(b) seven state representatives appointed in accordance with Subsection (3)[
.
]
; and
(c) two members of the public selected as follows:
(i) one member who:
(A) may not have financial ties to a provider of telecommunication services;
(B) may not have a relationship to a user of public safety telecommunications services;
and
(C) is selected by the speaker of the House of Representatives; and
(ii) one member who:
(A) may not have financial ties to a provider of telecommunication services;
(B) may not have a relationship to a user of public safety telecommunications services;
and
(C) is selected by the president of the Senate.
(3) (a) (i) Six of the state representatives shall be appointed by the governor, with two
of the positions having an initial term of two years, two having an initial term of three years,
and [
one
] 
two
 having an initial term of four years.
(ii) Successor state representatives shall each serve for a term of four years.
(iii) The six governor-appointed state representatives shall consist of:
(A) the executive director of the Utah Department of Transportation or the director's
designee;
(B) the commissioner of public safety or the commissioner's designee;
(C) the executive director of the Department of Natural Resources or the director's
designee;
(D) the executive director of the Department of Corrections or the director's designee;
(E) the chief information officer of the Department of Technology Services, or the
officer's designee; and
(F) the executive director of the Department of Health or the director's designee.
(b) The seventh state representative shall be the Utah State Treasurer or the treasurer's
designee.
(c) A vacancy on the board for a state representative shall be filled for the unexpired
term by the director of the department or the director's designee as described in Subsection
(3)(a)(iii).
(d) An employee of the authority may not be a member of the board.
(4) (a) (i) One-half of the positions for member representatives selected under
Subsection (2) shall have an initial term of two years and one-half of the positions shall have an
initial term of four years.
(ii) Successor member representatives of the board shall each serve for a term of four
years, so that the term of office for six of the member representatives expires every two years.
(b) The member representatives of the board shall be removable, with or without cause,
by the entity that selected the member. A vacancy on the board for a member representative
shall be filled for the unexpired term by the entity the member represents.
[
(5) The board shall elect annually one of its members as chair.
]
(5) (a) The governor shall, in accordance with Subsection (5)(b) and after consultation
with the board, appoint the chair of the board with the consent of the Senate. The chair shall
serve a two-year term and the appointment as chair will automatically extend the term of the
board member to coincide with the appointment as chair.
(b) The governor shall make the initial selection of a chair from one of the members
described in Subsection (2). After the initial selection of a chair, the governor shall alternate the
selection of the chair between a local member described in Subsection (2)(a) and a state
member described in Subsection (2)(b).
(c) The chair shall serve at the pleasure of the governor.
(6) The board shall meet on an as-needed basis and as provided in the bylaws.
(7) The board shall also elect a vice chair, secretary, and treasurer to perform those
functions provided in the bylaws.
(a) The vice chair shall be a member of the board.
(b) The secretary and treasurer need not be members of the board, but shall not have
voting powers if they are not members of the board.
(c) The offices of chair, vice chair, secretary, and treasurer shall be held by separate
individuals.
(8) Each member representative and state representative shall have one vote, including
the chair, at all meetings of the board.
(9) A constitutional majority of the members of the board constitutes a quorum. A
vote of a majority of the quorum at any meeting of the board is necessary to take action on
behalf of the board.
(10) A board member may not receive compensation for the member's service on the
board, but may, in accordance with administrative rules adopted by the board, receive:
(a) a per diem at the rate established under Section 
63A-3-106
; and
(b) travel expenses at the rate established under Section 
63A-3-107
.
Section 2. Section 
63H-7a-204
 is amended to read:
63H-7a-204.
Board -- Powers and duties.
The board shall:
(1) manage the affairs and business of the authority consistent with this chapter
including adopting bylaws by a majority vote of its members;
(2) appoint an executive director to administer the authority;
(3) receive and act upon reports covering the operations of the public safety
communications network and funds administered by the authority;
(4) ensure that the public safety communications network and funds are administered
according to law;
(5) examine and approve an annual operating budget for the authority;
(6) receive and act upon recommendations of the [
chair
] 
director
;
(7) recommend to the governor and Legislature any necessary or desirable changes in
the statutes governing the public safety communications network;
(8) develop broad policies for the long-term operation of the authority for the
performance of its functions;
(9) make and execute contracts and other instruments on behalf of the authority,
including agreements with members and other entities;
(10) authorize the borrowing of money, the incurring of indebtedness, and the issuance
of bonds as provided in this chapter;
(11) adopt rules consistent with this chapter and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, for the management of the public safety
communications network in order to carry out the purposes of this chapter, and perform all
other acts necessary for the administration of the public safety communications network;
(12) exercise the powers and perform the duties conferred on it by this chapter;
(13) provide for audits of the authority;
(14) establish the following divisions within the authority:
(a) 911 Division;
(b) Radio Network Division;
(c) Interoperability Division; and
(d) Administrative Services Division;
(15) establish a 911 advisory committee to the 911 Division in accordance with Section
63H-7a-307
;
(16) establish one or more advisory committees to the Radio Network Division in
accordance with Section 
63H-7a-405
; [
and
]
(17) establish one or more advisory committees to the Interoperability Division in
accordance with Section 
63H-7a-504
[
.
]
;
(18) create, maintain and review annually a comprehensive multi-year strategic plan in
consultation with state and local stakeholders, the 911 Advisory Committee created under
Section 
63H-7a-307
, the Radio Network Advisory Committee created under Section
63H-7a-405
, and the Interoperability Advisory Committee created under Section 
63H-7a-504
that:
(a) coordinates the authority's activities and duties in the:
(i) 911 Division;
(ii) Radio Network Division;
(iii) Interoperability Division; and
(iv) Administrative Services Division; and
(b) includes a plan for:
(i) the communications network;
(ii) developing new systems;
(iii) expanding existing systems, including microwave and fiber optics based systems;
(iv) statewide interoperability;
(v) statewide coordination; and
(vi) FirstNet standards; and
(c) the board updates each year;
(19) each year, after the board submits the strategic plan described in Subsection (18)
to the Legislature, issue a request for proposals if a request for proposals is necessary to carry
out the strategic plan; and
(20) on or before November 30, 2016, and on or before each November 30 thereafter,
submit the state's strategic plan to the Executive Offices and Criminal Justice Appropriations
Subcommittee and the Legislative Management Committee.
Section 3. Section 
63H-7a-205
 is amended to read:
63H-7a-205.
Executive director -- Appointment -- Powers and duties.
The executive director shall:
(1) 
(a) serve at the pleasure of the board; and
(b)
 act as the executive officer of the authority;
(2) administer the various acts, systems, plans, programs, and functions assigned to the
office;
(3) recommend administrative rules and policies to the board, which are within the
authority granted by this title for the administration of the authority;
(4) recommend to the board any changes in the statutes affecting the authority;
(5) recommend to the board an annual administrative budget covering administration,
management, and operations of the public safety communications network and, upon approval
of the board, direct and control the subsequent expenditures of the budget;
(6) within the limitations of the budget, employ staff personnel, consultants, a financial
officer, and legal counsel to provide professional services and advice regarding the
administration of the authority; and
(7) submit an annual report, on or before November 1 of each year, to the Executive
Offices and Criminal Justice Appropriations Subcommittee 
and the Legislative Management
Committee
, which shall 
be available to the public and shall
 include:
(a) the total aggregate surcharge collected by local entities in the state in the last fiscal
year under Sections 
69-2-5
 and 
69-2-5.6
;
(b) the amount of each disbursement from the restricted accounts;
(c) the recipient of each disbursement, or goods and services received, describing the
project for which money was disbursed, or goods and services provided;
(d) the conditions, if any, placed by a division, the authority, the executive director, or
the board on the disbursements from a restricted account;
(e) the anticipated expenditures from the restricted accounts for the next fiscal year;
(f) the amount of any unexpended funds carried forward;
(g) 
the goals for implementation of the authority strategic plan and the progress report
of accomplishments and updates to the plan, and
 a progress report of implementation of
statewide 911 emergency services, including:
(i) fund balance or balance sheet from the emergency telephone service fund of each
agency that has imposed a levy under Section 
69-2-5
;
(ii) a report from each public safety answering point of annual call activity separating
wireless and land-based 911 call volumes; and
(iii) other relevant justification for ongoing support from the restricted accounts created
by Sections 
63H-7a-303
, 
63H-7a-304
, and 
63H-7a-403
; and
(h) the anticipated expenditures from the restricted accounts.
Section 4. Section 
63H-7a-206
 is amended to read:
63H-7a-206.
Functional consolidation of PSAPs study -- Creation of statewide
strategic plan.
(1) As used in this section:
(a) "Functional consolidation" means the process of ensuring that disparate public
safety answering points and public safety dispatching centers work together in an efficient and
effective way.
(b) "PSAP operator":
(i) means a public agency that operates a PSAP; and
(ii) does not include an institution of higher education, a school district, or an airport
authority that operates a PSAP.
(2) Beginning on or after July 1, 2015, the board shall commission and oversee a
performance audit and study of the state's 911 emergency response system and related elements
of the public safety communications network, which shall include:
(a) a review of statutory provisions and efforts of the authority, executive director,
Utah 911 Division, and Interoperability Division regarding the assessment, planning, rules,
technology review, and standardization of the state's 911 emergency response system and
related elements of the public safety communications network;
(b) working with state and local stakeholders to determine potential cost savings and
increases in quality and efficiency that may be achieved by the functional consolidation of
PSAPs and dispatch centers throughout the state, including recommendations regarding:
(i) an efficient and effective public safety communications management structure to
ensure that high quality 911 emergency services are available to the state's citizens;
(ii) common standard operating procedures that ensure the least amount of call
processing time;
(iii) efficient methods to transfer calls between PSAPs and from a PSAP to a first
responder, regardless of jurisdiction;
(iv) uniformity of equipment and software protocols to accomplish seamless
functionality between computer aided dispatch systems;
(v) interoperable telephonic and radio systems to ensure coordination between
jurisdictions; and
(vi) how unnecessary duplication of services may be reduced or eliminated;
(c) making recommendations for inclusion in the 
comprehensive
 strategic plan 
required
by Subsection 
63H-7a-204
(18), which recommendations shall include
 for the state's 911
emergency response system and related elements of the public safety communications
network[
, which recommendations may include
]:
(i) [
how PSAPs may
] 
whether the state's 911 emergency response system would
benefit from functional consolidation 
of PSAPs
;
(ii) how PSAPs within designated regions may accept calls and provide emergency
communication services for first responders using interoperable equipment, software,
protocols, and standard operating procedures; and
(iii) how PSAPs, regardless of physical location, may operate on interoperable, shared,
or hosted technology platforms and with common policies to reduce the need to transfer calls
between PSAPs;
(d) describing and recommending potential solutions to the biggest impediments to
functional consolidation of PSAPs; and
(e) making recommendations regarding necessary personnel and associated job duties
within the authority.
(3) On or before July 1, 2016, the performance audit and study described in Subsection
(2) shall be completed and submitted by the board in writing to the Law Enforcement and
Criminal Justice Interim Committee and the Retirement and Independent Entities Interim
Committee.
(4) (a) Money from the Unified Statewide 911 Emergency Service Account created in
Section 
63H-7a-304
 may not be used to fund a new local PSAP, call taking, or dispatching
project before the completion of the performance audit and study described in Subsection (2),
unless the board determines that an exigent circumstance requires the allocation of funds.
(b) Money from the Unified Statewide 911 Emergency Service Account may be used to
fund ongoing maintenance of existing equipment and projects approved before July 1, 2015.
(5) After July 1, 2016, money spent from the Unified Statewide 911 Emergency
Service Account created in Section 
63H-7a-304
 for projects, including state and local PSAP
and dispatching projects, shall be made after consideration of the:
(a) recommendations of the performance audit and study described in Subsection (2);
and
(b) 
comprehensive
 strategic plan for the state's network 911 emergency response
system and related elements of the public safety communications network described in
Subsection [
(2)(c)
] 
63H-7a-204
(18)
.
Section 5. Section 
63H-7a-302
 is amended to read:
63H-7a-302.
Division duties and powers.
(1) The 911 Division shall:
(a) review and make recommendations to the executive director:
(i) regarding:
(A) technical, administrative, fiscal, network, and operational standards for the
implementation of unified statewide 911 emergency services;
(B) emerging technology; and
(C) expenditures from the restricted accounts created in Section 
69-2-5.6
 by the 911
Division on behalf of local public safety answering points in the state, with an emphasis on
efficiencies and coordination in a regional manner;
(ii) to assure implementation of a unified statewide 911 emergency services network;
(iii) to establish standards of operation throughout the state; and
(iv) regarding mapping systems and technology necessary to implement the unified
statewide 911 emergency services;
(b) prepare and submit to the executive director for approval by the board:
(i) an annual budget for the 911 Division; [
and
]
(ii) an annual plan for the programs funded by the Computer Aided Dispatch Restricted
Account created in Section 
63H-7a-303
 and the Unified Statewide 911 Emergency Service
Account created in Section 
63H-7a-304
; 
and
(iii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7a-204
(18);
(c) assist local Utah public safety answering points with the implementation and
coordination of the 911 Division responsibilities as approved by the executive director and the
board;
(d) reimburse the state's Automated Geographic Reference Center in the Division of
Integrated Technology of the Department of Technology Services, an amount equal to 1 cent
per month levied on telecommunications service under Section 
69-2-5.6
 to enhance and
upgrade digital mapping standards for unified statewide 911 emergency service as required by
the division; and
(e) fulfill all other duties imposed on the 911 Division by this chapter.
(2) The 911 Division may recommend to the executive director to sell, lease, or
otherwise dispose of equipment or personal property purchased, leased, or belonging to the
authority that is related to funds expended from the restricted account created in Sections
69-2-5.5
 and 
69-2-5.6
, the proceeds from which shall return to the respective restricted
accounts.
(3) The 911 Division may make recommendations to the executive director to own,
operate, or enter into contracts for the use of the funds expended from the restricted account
created in Section 
69-2-5.5
.
(4) (a) The 911 Division shall review information regarding:
(i) in aggregate, the number of service subscribers by service type in a political
subdivision;
(ii) network costs;
(iii) public safety answering point costs;
(iv) system engineering information; and
(v) a computer aided dispatch system.
(b) In accordance with Subsection (4)(a) the 911 Division may request:
(i) information as described in Subsection (4)(a)(i) from the [
Utah
] State Tax
Commission; and
(ii) information from public safety answering points related to the computer aided
dispatch system.
(c) The information requested by and provided to the 911 Division under Subsection
(4) is a protected record in accordance with Section 
63G-2-305
.
(5) The 911 Division shall recommend to the executive director, for approval by the
board, rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) administer the program funded by the Unified Statewide 911 Emergency Service
restricted account created in Section 
63H-7a-304
, including rules that establish the criteria,
standards, technology, and equipment that a public safety answering point in Utah must adopt
in order to qualify for goods or services that are funded from the restricted account; and
(b) administer the Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
, including rules that establish the criteria, standards, technology, and equipment
that a public safety answering point must adopt in order to qualify as a recipient of goods or
services that are funded from the restricted account.
(6) The board may authorize the 911 Division to employ an outside consultant to study
and advise the division on matters related to the 911 Division duties regarding the public safety
communications network.
(7) This section does not expand the authority of the [
Utah
] State Tax Commission to
request additional information from a telecommunication service provider.
Section 6. Section 
63H-7a-307
 is amended to read:
63H-7a-307.
Advisory Committee -- Membership -- Duties.
(1) There is created within the 911 Division the 911 Advisory Committee consisting of
the following members:
(a) one representative from a primary public safety answering point from each county
of the first and second class;
(b) one representative from a primary public safety answering point representing each
of the following:
(i) Bear River Association;
(ii) Uintah Basin Association;
(iii) South East Association;
(iv) Six County Association;
(v) Five County Association;
(vi) Mountainlands Association; and
(vii) Wasatch Front Regional Council; [
and
]
(c) one representative from the Department of Public Safety who represents a Utah
public safety answering point[
.
]
; and
(d) representatives from providers, as described in Subsection (3).
(2) [
(a)
] Each advisory committee member shall be appointed as follows:
[
(i)
] 
(a)
 a member described in Subsection (1)(a) shall be appointed by the board from
a nominee or nominees submitted to the board by the council of government for that member's
county;
[
(ii)
] 
(b)
 the seven members described in Subsection (1)(b) shall be appointed by the
board from a nominee or nominees submitted to the board by the associations described in
Subsection (1)(b); [
and
]
[
(iii)
] 
(c)
 the member described in Subsection (1)(c) shall be appointed by the board
based on the nomination from the public safety commissioner[
.
]
; and
(d) the members described in Subsection (1)(d) shall be appointed by the board, as
provided in Subsection (3) and rules adopted by the board.
[
(b) The term of office of each member is four years.
]
[
(c) Each mid-term vacancy shall be filled for the unexpired term in the same manner
as an appointment under Subsection (2)(a).
]
[
(3) (a) The 911 Advisory Committee members shall annually elect a chair for the
advisory committee by selecting from the members described in Subsections (1)(a) through
(c).
]
[
(b) Staff and contracting services to the advisory committee shall be provided by the
Division.
]
[
(c) Funding for staff and contracting services shall be provided with funds approved
by the board from those identified under Section 
63H-7a-304
.
]
[
(4) (a) No advisory committee member may receive compensation or benefits for the
member's service on the advisory committee.
]
[
(b) A member is not required to give bond for the performance of official duties.
]
[
(5) A majority of the advisory committee constitutes a quorum for voting purposes.
]
[
(6) An advisory committee member can be removed from the advisory committee by
the board based on rules adopted by the board.
]
[
(7) The advisory committee shall:
]
[
(a) provide input and guidance to the 911 Division concerning the public safety
communications network;
]
[
(b) advise the 911 Division regarding standards related to the public safety
communications network;
]
[
(c) review and make recommendations for the 911 Division's strategic plan;
]
[
(d) provide information and evaluate industry trends related to the 911 Division's
responsibilities;
]
[
(e) advise the 911 Division regarding professional development; and
]
[
(f) make recommendations to the 911 Division regarding the development of
cooperative partnerships.
]
(3) The board shall appoint three or more members to the advisory committee under
Subsection (1)(d) who demonstrate a knowledge of highly technical communications network
systems, including one or more of the following:
(a) the operation of the systems;
(b) the technical specifications of the systems components;
(c) experience with communication network planning, including the development of
new systems and expansion of existing systems;
(d) knowledge of microwave and fiber optics based communications systems and how
the communications systems integrate across carrier circuits;
(e) a strong understanding of the 911 system; and
(f) experience with level of service agreements for telecommunications.
(4) (a) The term for each advisory committee member is four years. Each mid-term
vacancy shall be filled for the unexpired term in the same manner as an appointment under
Subsection (2).
(b) Staff and contracting services to the advisory committee shall be provided by the
Division.
(c) Funding for staff and contracting services shall be provided with funds approved by
the board from those identified under Section 
63H-7a-304
.
(d) No advisory committee member may receive compensation or benefits for the
member's service on the advisory committee and a member is not required to give bond for the
performance of the member's official duties.
(e) A majority of the advisory committee constitutes a quorum for voting purposes.
(f) An advisory committee member may be removed from the advisory committee by
the board based on rules adopted by the board.
(5) (a) The advisory committee shall elect co-chairs from the membership of the
advisory committee as follows:
(i) one co-chair shall represent the PSAP users; and
(ii) one co-chair shall represent the providers under Subsection (1)(d).
(b) The co-chairs shall report to the board on a regular basis.
(6) The advisory committee shall:
(a) provide input and guidance to the 911 Division concerning the public safety
communications network;
(b) advise the 911 Division regarding standards related to the public safety
communications network;
(c) review and make recommendations for the 911 Division's strategic plan;
(d) provide information and evaluate industry trends related to the 911 Division
responsibilities;
(e) advise the 911 Division regarding professional development;
(f) make recommendations to the 911 Division regarding the development of
cooperative partnerships; and
(g) make recommendations to the board in accordance with Subsection
63H-7a-204
(18).
Section 7. Section 
63H-7a-402
 is amended to read:
63H-7a-402.
Radio Network Division duties.
(1) The Radio Network Division shall:
(a) provide and maintain the public safety communications network for state and local
government agencies within the authority network, including the existing VHF and 800 MHz
networks, in a manner that:
(i) promotes high quality, cost effective service;
(ii) evaluates the benefits, cost, existing facilities, equipment, and services of public
and private providers; and
(iii) where economically feasible, utilizes existing infrastructure to avoid duplication of
facilities, equipment, and services of providers of communication services;
(b) prepare and submit to the executive director for approval by the board:
(i) an annual budget for the Radio Network Division; [
and
]
(ii) an annual plan for the program funded by the Utah Statewide Radio System
Restricted Account created in Section 
63H-7a-403
; 
and
(iii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7a-204
(18);
[
(c) conduct bi-monthly meetings:
]
[
(i) including:
]
[
(A) if retained, a consultant assisting with the design and development of a public
safety radio network;
]
[
(B) all private and public vendors; and
]
[
(C) all public safety radio users;
]
[
(ii) for the purpose of discussing public safety radio network emerging technologies;
and
]
[
(iii) for which minutes shall be made available to the public;
]
[
(d)
] 
(c)
 recommend to the executive director administrative rules for approval by the
board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
administer the program funded by the restricted account created in Section 
63H-7a-403
,
including rules that establish the criteria, standards, technology, equipment, and services that
will qualify for goods or services that are funded from the restricted accounts; and
[
(e)
] 
(d)
 fulfill other duties assigned to the Radio Network Division under this chapter.
(2) The Radio Network Division may:
(a) recommend to the executive director to sell, lease, or otherwise dispose of
equipment or personal property purchased, leased, or belonging to the authority that is related
to the public safety communications network;
(b) recommend to the executive director to own, operate, or enter into contracts for the
public safety communications network;
(c) review information regarding:
(i) in aggregate, the number of radio service subscribers by service type in a political
subdivision; and
(ii) matters related to the public safety communications network;
(d) in accordance with Subsection (2)(c), request information from:
(i) local and state entities; and
(ii) public safety agencies; and
(e) employ outside consultants to study and advise the division on issues related to:
(i) the public safety communications network;
(ii) radio technologies and services;
(iii) microwave connectivity;
(iv) fiber connectivity; and
(v) public safety communication network connectivity and usage.
(3) The information requested by and provided to the Radio Network Division under
Subsections (2)(c) and (d) is a protected record in accordance with Section 
63G-2-305
.
(4) This section does not expand the authority of the State Tax Commission to request
additional information from a telecommunication service provider.
Section 8. Section 
63H-7a-403
 is amended to read:
63H-7a-403.
Creation of Utah Statewide Radio System Restricted Account --
Administration -- Use of money.
(1) There is created a restricted account within the General Fund known as the "Utah
Statewide Radio System Restricted Account," consisting of:
(a) money appropriated or otherwise made available by the Legislature; and
(b) contributions of money from federal agencies, political subdivisions of the state,
persons, or corporations.
(2) The money in this restricted account shall be used exclusively for the statewide
purpose of acquiring, constructing, operating, maintaining, and repairing a statewide radio
system public safety communications network as authorized in Section 
63H-7a-202
, including:
(a) a public safety communications network and related facilities, real property,
improvements, and equipment necessary for the acquisition, construction, and operation of
services and facilities;
(b) installation, implementation, and maintenance of the public safety communications
network;
(c) maintaining the VHF and 800 MHz radio networks; and
(d) an operating budget to include personnel costs not otherwise covered by funds from
another account.
(3) (a) Subject to appropriation, the Administrative Services Division, created in
Section 
63H-7a-601
 may charge the administrative costs incurred in discharging the
responsibilities imposed by this section.
(b) Subject to an annual legislative appropriation from the restricted account to the
Administrative Services Division, the Administrative Services Division shall disburse the
money in the fund, based on the authorization of the board and the Radio Network Division
under Subsection 
63H-7a-402
(1)[
(c)
]
(d)
.
Section 9. Section 
63H-7a-405
 is amended to read:
63H-7a-405.
 Radio network advisory committees.
[
(1) (a) The Radio Network Division may request the executive director to ask the
board to establish one or more technical advisory committees in accordance with this section.
]
[
(b) If approved by the board under Subsection (1), the board may appoint any
combination of the following as members of the advisory committee:
]
[
(i) local government officials;
]
[
(ii) consumers;
]
[
(iii) 911 public safety answering point personnel;
]
[
(iv) law enforcement personnel;
]
[
(v) firefighting personnel;
]
[
(vi) emergency medical services personnel;
]
[
(vii) emergency management personnel;
]
[
(viii) information technology personnel and radio technicians; and
]
[
(ix) other representatives selected by the board.
]
[
(2) (a) The Radio Network Advisory Committee shall annually elect a chair for the
advisory committee by selecting from members described in Subsections (1)(b)(i) through
(viii).
]
(1) (a) There is created within the Radio Network Division, the Radio Network
Advisory Committee composed of public safety radio system users and providers appointed by
the board in accordance with this section.
(b) The board shall select at least ten members of the advisory committee:
(i) no more than one of whom may be from the same company; and
(ii) who represent a balance between users of public safety radio systems and providers
of public safety radio systems and who meet the requirements of Subsection (2).
(2) The board shall appoint members to the advisory committee described in
Subsection (1)(b) who demonstrate a knowledge of highly technical communications network
systems, including one or more of the following:
(a) the operation of the systems;
(b) the technical specifications of the systems components;
(c) experience with communication network planning, including the development of
new systems and expansion of existing systems;
(d) knowledge of microwave and fiber optics based communications systems and how
the communications systems integrate across carrier circuits;
(e) a strong understanding of the public safety radio systems; and
(f) experience with level of service agreements for telecommunications.
(3) The term for each committee members is four years. Each mid-term vacancy shall
be filled for the unexpired term in the same manner as an appointment under Subsection (2).
[
(b)
] 
(4) (a)
 Staff and contracting services to the advisory committee shall be provided
by the Radio Network Division.
[
(c)
] 
(b)
 Funding for staff and contracting services shall be provided with funds
approved by the board from those identified under Section 
63H-7a-403
.
[
(3)
] 
(5)
 An advisory committee member:
(a) shall not receive compensation or benefits for the member's service on the advisory
committee;
(b) is not required to give bond for the performance of official duties; and
(c) can be removed from the advisory committee by the board based on rules adopted
by the board.
[
(4)
] 
(6)
 A majority of the advisory committee constitutes a quorum for voting
purposes.
(7) (a) The advisory committee shall elect co-chairs from the membership of the
committee as follows:
(i) one shall represent public safety radio system users; and
(ii) one shall represent providers.
(b) The co-chairs shall report to the board on a regular basis.
[
(5)
] 
(8)
 The advisory committee shall:
(a) provide input and guidance to the Radio Network Division concerning the public
safety communications network;
(b) advise the Radio Network Division regarding standards related to the public safety
communications network;
(c) review and make recommendations for the Radio Network Division's strategic plan;
(d) provide information and evaluate industry trends related to the Radio Network
Division's responsibilities;
(e) advise the Radio Network Division regarding professional development; [
and
]
(f) make recommendations regarding the development of cooperative partnerships[
.
]
;
and
(g) make recommendations to the board in accordance with Subsection
63H-7a-204
(18).
Section 10. Section 
63H-7a-502
 is amended to read:
63H-7a-502.
Interoperability Division duties.
(1) The Interoperability Division shall:
(a) review and make recommendations to the executive director, for approval by the
board, regarding:
(i) statewide interoperability coordination and FirstNet standards;
(ii) technical, administrative, fiscal, technological, network, and operational issues for
the implementation of statewide interoperability, coordination, and FirstNet;
(iii) assisting local agencies with the implementation and coordination of the
Interoperability Division responsibilities; and
(iv) training for the public safety communications network and unified statewide 911
emergency services;
(b) review information and records regarding:
(i) aggregate information of the number of service subscribers by service type in a
political subdivision;
(ii) matters related to statewide interoperability coordination;
(iii) matters related to FirstNet including advising the governor regarding FirstNet; and
(iv) training needs;
(c) prepare and submit to the executive director for approval by the board
:
(i)
 an annual plan for the Interoperability Division; and
(ii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7a-204
(18); and
(d) fulfill all other duties imposed on the Interoperability Division by this chapter.
(2) The Interoperability Division may:
(a) recommend to the executive director to own, operate, or enter into contracts related
to statewide interoperability, FirstNet, and training;
(b) request information needed under Subsection (1)(b)(i) from:
(i) the State Tax Commission; and
(ii) public safety agencies;
(c) employ an outside consultant to study and advise the Interoperability Division on:
(i) issues of statewide interoperability;
(ii) FirstNet; and
(iii) training; and
(d) request the board to appoint an advisory committee in accordance with Section
63H-7a-504
.
(3) The information requested by and provided to the Interoperability Division under
Subsection (1)(b)(i) is a protected record in accordance with Section 
63G-2-305
.
(4) This section does not expand the authority of the State Tax Commission to request
additional information from a telecommunication service provider.
Section 11. Section 
63H-7a-504
 is amended to read:
63H-7a-504.
Interoperability advisory committees.
[
(1) (a) The Interoperability Division may request the board to establish one or more
temporary advisory committees in accordance with this section.
]
[
(b) If approved by the board under Subsection (1)(a), the board may appoint any
combination of the following as members of the advisory committee:
]
[
(i) local government officials;
]
[
(ii) consumers;
]
[
(iii) 911 public safety answering point personnel;
]
[
(iv) law enforcement personnel;
]
[
(v) firefighting personnel;
]
[
(vi) emergency medical services personnel;
]
[
(vii) emergency management personnel;
]
[
(viii) information technology personnel and radio technicians; and
]
[
(ix) other representatives selected by the board. (c)
]
(1) (a) There is created within the Interoperability Division, the Interoperability
Advisory Committee composed of public safety communications network users and providers
appointed by the board in accordance with this section.
(b) The board shall appoint a minimum of ten members to the advisory committee:
(i) no more than one of whom may be from the same company; and
(ii) who represent a balance between public safety communications network users and
providers and who meet the requirements of Subsection (2).
(2) The board shall appoint members to the advisory committee described in
Subsection (1)(b) who demonstrate a knowledge of highly technical communications network
systems including one or more of the following:
(a) the operation of the systems;
(b) the technical specifications of the systems components;
(c) experience with communication network planning, including the development of
new systems and expansion of existing systems;
(d) knowledge of microwave and fiber optics based communications systems and how
the communications systems integrate across carrier circuits;
(e) a strong understanding of the public safety communications network; and
(f) experience with level of service agreements for telecommunications.
(3) The term for each advisory committee member is four years. Each mid-term
vacancy shall be filled for the unexpired term in the same manner as an appointment under
Subsection (1)(b).
(4)
 A member appointed to an advisory committee:
[
(i)
] 
(a)
 shall not receive compensation or benefits for the member's service on the
advisory committee;
[
(ii)
] 
(b)
 is not required to give bond for the performance of official duties; and
[
(iii)
] 
(c)
 can be removed from the advisory committee by the board based on rules
adopted by the board.
[
(2) (a) The Interoperability Advisory Committee shall annually elect a chair for the
advisory committee by selecting from the members described in Subsections (1)(b)(i) through
(viii).
]
[
(b)
] 
(5)
 Staff and contracting services to the advisory committee shall be provided by
the Interoperability Division.
[
(c)
] 
(6)
 Funding for staff and contracting services shall be provided with funds
approved by the board from those identified under Section 
63H-7a-602
.
[
(3)
] 
(7)
 A majority of the advisory committee constitutes a quorum for voting
purposes.
(8) (a) The advisory committee shall elect co-chairs from the membership of the
committee as follows:
(i) one shall represent public safety communications network users; and
(ii) one shall represent providers.
(b) The co-chairs shall report to the board on a regular basis.
[
(4)
] 
(9)
 The advisory committee shall:
(a) provide input and guidance to the Interoperability Division concerning the public
safety communications network;
(b) advise the Interoperability Division regarding standards related to the public safety
communications network;
(c) review and make recommendations for the Interoperability Division's strategic plan;
(d) provide information and evaluate industry trends related to the Interoperability
Division's responsibilities;
(e) advise the Interoperability Division regarding professional development; [
and
]
(f) make recommendations regarding the development of cooperative partnerships[
.
]
;
and
(g) make recommendations to the board in accordance with Subsection
63H-7a-204
(18).
Section 12. Section 
63H-7a-701
 is amended to read:
63H-7a-701.
Bond authorized -- Payment -- Security -- Liability -- Purpose --
Exemption from certain taxes.
(1) (a) The authority shall report its intent to issue bonds under this part to the
Legislature's Executive Appropriations Committee prior to the board adopting a resolution to
issue a bond under Subsection 
63H-7a-702
.
(b) The Legislature's Executive Appropriations Committee may, but is not required to,
advise the board regarding the Executive Appropriations Committee's determination that:
(i) issuing a bond is necessary to carry out the duties and operation of the authority, and
the state's strategic plan adopted under Subsection 
63H-7a-204
(18); or
(ii) issuing a bond is:
(A) not necessary to carry out the duties and operation of the authority, and the state's
strategic plan adopted under Subsection 
63H-7a-204
(18); or
(B) not appropriate based on some other reason decided by the Executive
Appropriations Committee.
[
(1)
] 
(2)
 The authority may:
(a) issue bonds from time to time for any of its corporate purposes provided in Section
63H-7a-102
;
(b) issue refunding bonds for the purpose of paying or retiring bonds previously issued
by it;
(c) issue bonds on which the principal and interest are payable:
(i) exclusively from the income, purchase or lease payments, and revenues of all or a
portion of the public safety communications network; or
(ii) from its revenues generally.
[
(2)
] 
(3)
 Any bonds issued by the authority may be additionally secured by a pledge of
any loan, lease, grant, agreement, or contribution, in whole or in part, from the federal
government or other source, or a pledge of any income or revenue of the authority.
[
(3)
] 
(4)
 The officers of the authority and any person executing the bonds are not liable
personally on the bonds.
[
(4)
] 
(5)
 (a) The bonds and other obligations of the authority are not a debt of any
member or state representative of the authority, and do not constitute indebtedness for purposes
of any constitutional or statutory debt limitation or restrictions.
(b) The face of the bonds and other obligations shall state the provisions of Subsection
[
(4)
] 
(5)
(a).
[
(5)
] 
(6)
 Any bonds of the authority shall be revenue obligations, payable solely from
the proceeds, revenues, or purchase and lease payments received by the authority for the public
safety communications network.
[
(6)
] 
(7)
 The full faith and credit of any member or state representative may not be
pledged directly or indirectly for the payment of the bonds.
[
(7)
] 
(8)
 A member or state representative may not incur any pecuniary liability under
this chapter until it enters into a service contract, lease, or other financing obligation with the
authority. Once a member enters into a service contract, lease, or other financing obligation
with the authority, the member shall be obligated to the authority as provided in that contract,
lease, or financing obligation.
[
(8)
] 
(9)
 A bond or obligation may not be made payable out of any funds or properties
other than those of the authority.
[
(9)
] 
(10)
 Bonds of the authority are:
(a) declared to be issued for an essential public and governmental purpose by public
instrumentalities; and
(b) together with interest and income, exempt from all taxes, except the corporate
franchise tax.
[
(10)
] 
(11)
 The provisions of this chapter exempting the properties of the authority and
its bonds and interest and income on them from taxation shall be considered part of the
contract for the security of bonds and have the force of contract, by virtue of this part and
without the necessity of this being restated in the bonds, between the bondholders, including all
transferees of the bonds, the authority and the state.
Section 13. Section 
63H-7a-803
 is amended to read:
63H-7a-803.
Relation to certain acts -- Participation in Risk Management Fund.
(1) The Utah Communications Authority is exempt from:
[
(a) Title 63J, Chapter 1, Budgetary Procedures Act;
]
[
(b)
] 
(a)
 Title 63A, Utah Administrative Services Code, except as provided in Section
63A-4-205.5
;
[
(c) Title 63G, Chapter 6a, Utah Procurement Code, however, the authority shall adopt
and follow an open and transparent purchasing policy which shall be published on the authority
website;
]
[
(d)
] 
(b)
 Title 63G, Chapter 4, Administrative Procedures Act; [
and
]
(c) Title 63J, Chapter 1, Budgetary Procedures Act; and
[
(e)
] 
(d)
 Title 67, Chapter 19, Utah State Personnel Management Act.
(2) 
(a)
 The board shall adopt budgetary procedures, accounting, [
procurement,
] and
personnel 
and human resource
 policies substantially similar to those from which they have
been exempted in Subsection (1).
(b) The authority, the board, and the committee members are subject to Title 67,
Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
(3) Subject to the requirements of Subsection 
63E-1-304
(2), the administration may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.