Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 181 Second Substitute (2021GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• combines the Department of Administrative Services, the Department of Technology Services, and the Department of Human Resource Management into one, new department, the Department of Government Operations;
• transfers existing divisions and offices within the Department of Administrative Services to the Department of Government Operations;
• changes the Department of Technology Services and the Department of Human Resource Management to divisions within the Department of Government Operations;
• recodifies the following:
• Title 63F, Utah Technology Governance Act;
• Title 67, Chapter 19, Utah State Personnel Management Act;
• Title 67, Chapter 19e, Administrative Law Judges; and
• Title 67, Chapter 25, General Requirements for State Officers and Employees;
• repeals a catch-all criminal provision; and
• makes conforming and technical changes.

Every vote on this bill

Bill text

DEPARTMENT OF GOVERNMENT OPERATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill combines the Department of Administrative Services, the Department of
Technology Services, and the Department of Human Resource Management into one,
new department, the Department of Government Operations.
Highlighted Provisions:
This bill:
▸ combines the Department of Administrative Services, the Department of
Technology Services, and the Department of Human Resource Management into
one, new department, the Department of Government Operations;
▸ transfers existing divisions and offices within the Department of Administrative
Services to the Department of Government Operations;
▸ changes the Department of Technology Services and the Department of Human
Resource Management to divisions within the Department of Government
Operations;
▸ recodifies the following:
• Title 63F, Utah Technology Governance Act;
• Title 67, Chapter 19, Utah State Personnel Management Act;
• Title 67, Chapter 19e, Administrative Law Judges; and
• Title 67, Chapter 25, General Requirements for State Officers and Employees;
▸ repeals a catch-all criminal provision; and
▸ makes conforming and technical changes.
Money Appropriated in this Bill:
This bill provides appropriations necessary to merge the Department of Administrative
Services, the Department of Human Resource Management, and the Department of
Technology Services into the new Department of Government Operations.
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
4-41a-107
, as enacted by Laws of Utah 2019, Chapter 341
10-2-703
, as last amended by Laws of Utah 2019, Chapter 255
11-36a-501
, as enacted by Laws of Utah 2011, Chapter 47
11-38-102
, as last amended by Laws of Utah 2013, Chapter 310
13-1a-3
, as last amended by Laws of Utah 2006, Chapter 139
13-2-3
, as last amended by Laws of Utah 1999, Chapter 21
15A-1-203
, as last amended by Laws of Utah 2020, Chapter 339
20A-20-201
, as enacted by Laws of Utah 2020, Chapter 288
26-61a-103
, as last amended by Laws of Utah 2020, Chapter 12
26-61a-111
, as last amended by Laws of Utah 2020, Chapter 12
31A-2-113
, as enacted by Laws of Utah 1985, Chapter 242
35A-1-205
, as last amended by Laws of Utah 2010, Chapter 286
35A-13-302
, as last amended by Laws of Utah 2017, Chapter 223
36-11-307
, as last amended by Laws of Utah 2019, Chapter 339
46-1-3
, as last amended by Laws of Utah 2019, Chapter 192
46-4-503
, as last amended by Laws of Utah 2016, Chapter 348
46-5-102
, as enacted by Laws of Utah 2018, Chapter 100
49-11-406
, as last amended by Laws of Utah 2020, Chapter 24
49-14-201
, as last amended by Laws of Utah 2016, Chapter 227
49-15-201
, as last amended by Laws of Utah 2016, Chapter 227
49-20-401
, as last amended by Laws of Utah 2019, Chapter 393
49-20-410
, as last amended by Laws of Utah 2018, Chapter 155
53-1-106
, as last amended by Laws of Utah 2019, Chapter 441
53-2a-105
, as last amended by Laws of Utah 2020, Chapter 85
53-2a-802
, as last amended by Laws of Utah 2020, Chapter 365
53-6-104
, as last amended by Laws of Utah 2006, Chapter 139
53-10-108
, as last amended by Laws of Utah 2019, Chapters 136, 192, and 404
53B-17-105
, as last amended by Laws of Utah 2020, Chapter 365
53C-1-201
, as last amended by Laws of Utah 2020, Chapter 363
53D-1-103
, as last amended by Laws of Utah 2019, Chapters 370 and 456
53E-8-301
, as last amended by Laws of Utah 2019, Chapter 186
54-1-6
, as last amended by Laws of Utah 2006, Chapter 139
54-4a-3
, as last amended by Laws of Utah 2006, Chapter 139
61-1-18
, as last amended by Laws of Utah 2009, Chapter 351
61-2-201
, as last amended by Laws of Utah 2016, Chapter 381
62A-1-121
, as renumbered and amended by Laws of Utah 2018, Chapter 367
62A-1-122
, as last amended by Laws of Utah 2019, Chapter 335
62A-15-613
, as last amended by Laws of Utah 2018, Chapter 322
63A-1-101
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63A-1-102
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63A-1-103
, as last amended by Laws of Utah 2016, Chapter 298
63A-1-104
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63A-1-109
, as last amended by Laws of Utah 2016, Chapter 193
63A-1-114
, as last amended by Laws of Utah 2018, Chapter 137
63A-1-201
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-1-203
, as renumbered and amended by Laws of Utah 2019, Chapter 370
63A-2-101
, as last amended by Laws of Utah 1997, Chapter 252
63A-4-101
, as last amended by Laws of Utah 2006, Chapter 275
63A-5b-202
, as enacted by Laws of Utah 2020, Chapter 152
63A-9-101
, as last amended by Laws of Utah 2017, Chapter 382
63A-9-201
, as enacted by Laws of Utah 1996, Chapter 334
63A-9-301
, as last amended by Laws of Utah 2010, Chapter 286
63A-9-401
, as last amended by Laws of Utah 2015, Chapter 179
63A-9-501
, as last amended by Laws of Utah 2006, Chapter 139
63A-12-101
, as last amended by Laws of Utah 2019, Chapter 254
63A-12-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63A-12-103
, as last amended by Laws of Utah 2019, Chapter 254
63A-12-104
, as last amended by Laws of Utah 2020, Chapter 399
63A-13-201
, as last amended by Laws of Utah 2019, Chapter 286
63B-7-501
, as last amended by Laws of Utah 2008, Chapter 382
63E-1-302
, as last amended by Laws of Utah 2006, Chapter 46
63G-1-301
, as last amended by Laws of Utah 2018, Chapter 39
63G-2-501
, as last amended by Laws of Utah 2020, Chapters 352 and 373
63G-3-102
, as last amended by Laws of Utah 2020, Chapter 408
63G-3-401
, as last amended by Laws of Utah 2020, Chapter 408
63G-4-107
, as enacted by Laws of Utah 2016, Chapter 312
63G-6a-103
, as last amended by Laws of Utah 2020, Chapters 152, 257, 365 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 365
63G-6a-106
, as last amended by Laws of Utah 2020, Chapter 257
63G-6a-116
, as last amended by Laws of Utah 2017, Chapter 348
63G-6a-202
, as last amended by Laws of Utah 2020, Chapter 365
63G-6a-302
, as last amended by Laws of Utah 2020, Chapter 257
63G-6a-303
, as last amended by Laws of Utah 2020, Chapter 257
63G-6a-506
, as last amended by Laws of Utah 2020, Chapter 257
63G-7-901
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-9-303
, as last amended by Laws of Utah 2016, Chapter 118
63G-10-501
, as enacted by Laws of Utah 2015, Chapter 355
63G-21-102
, as last amended by Laws of Utah 2018, Chapter 281
63J-1-206
, as last amended by Laws of Utah 2020, Chapters 152, 231, 402 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 231
63J-1-219
, as last amended by Laws of Utah 2020, Chapter 365
63J-1-602.2
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapters 20
and 20
67-1-8.1
, as last amended by Laws of Utah 2017, Chapter 181
67-5-7
, as last amended by Laws of Utah 2007, Chapter 166
67-5-22
, as last amended by Laws of Utah 2008, Chapter 161
67-8-3
, as last amended by Laws of Utah 2020, Chapter 365
67-8-5
, as last amended by Laws of Utah 2020, Chapter 432
67-19a-101
, as last amended by Laws of Utah 2020, Chapter 155
67-19a-202
, as last amended by Laws of Utah 2020, Chapter 155
67-19a-205
, as enacted by Laws of Utah 2018, Chapter 390
67-19a-303
, as last amended by Laws of Utah 2018, Chapter 390
67-19a-501
, as last amended by Laws of Utah 2020, Chapter 155
67-19d-201
, as last amended by Laws of Utah 2011, Chapter 342
67-19f-102
, as last amended by Laws of Utah 2015, Chapter 368
67-19f-201
, as last amended by Laws of Utah 2015, Chapter 368
67-20-8
, as last amended by Laws of Utah 2006, Chapter 139
67-22-2
, as last amended by Laws of Utah 2018, Chapter 39
67-26-102
, as enacted by Laws of Utah 2020, Chapter 155
67-26-202
, as enacted by Laws of Utah 2020, Chapter 155
67-26-301
, as renumbered and amended by Laws of Utah 2020, Chapter 155
72-1-202
, as last amended by Laws of Utah 2020, Chapter 352
79-2-401
, as renumbered and amended by Laws of Utah 2009, Chapter 344
ENACTS:
63A-17-107
, Utah Code Annotated 1953
63A-17-501
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63A-16-101
, (Renumbered from 63F-1-101, as enacted by Laws of Utah 2005, Chapter
169)
63A-16-102
, (Renumbered from 63F-1-102, as last amended by Laws of Utah 2020,
Chapter 365)
63A-16-103
, (Renumbered from 63F-1-103, as last amended by Laws of Utah 2009,
Chapter 183)
63A-16-104
, (Renumbered from 63F-1-104, as last amended by Laws of Utah 2020,
Chapter 94)
63A-16-105
, (Renumbered from 63F-1-106, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-106
, (Renumbered from 63F-1-107, as enacted by Laws of Utah 2005, Chapter
169)
63A-16-201
, (Renumbered from 63F-1-201, as last amended by Laws of Utah 2019,
Chapter 61)
63A-16-202
, (Renumbered from 63F-1-203, as last amended by Laws of Utah 2019,
Chapter 246)
63A-16-203
, (Renumbered from 63F-1-204, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-204
, (Renumbered from 63F-1-205, as last amended by Laws of Utah 2018,
Chapter 81)
63A-16-205
, (Renumbered from 63F-1-206, as last amended by Laws of Utah 2020,
Chapter 365)
63A-16-206
, (Renumbered from 63F-1-207, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-207
, (Renumbered from 63F-1-208, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-208
, (Renumbered from 63F-1-209, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-209
, (Renumbered from 63F-1-210, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-210
, (Renumbered from 63F-1-211, as enacted by Laws of Utah 2017, Chapter
238)
63A-16-211
, (Renumbered from 63F-1-212, as last amended by Laws of Utah 2019,
Chapter 61)
63A-16-212
, (Renumbered from 63F-1-603, as repealed and reenacted by Laws of Utah
2017, Chapter 238)
63A-16-213
, (Renumbered from 63F-1-604, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-301
, (Renumbered from 63F-1-301, as last amended by Laws of Utah 2009,
Chapter 183)
63A-16-302
, (Renumbered from 63F-1-303, as last amended by Laws of Utah 2020,
Chapter 365)
63A-16-401
, (Renumbered from 63F-1-402, as enacted by Laws of Utah 2005, Chapter
169)
63A-16-402
, (Renumbered from 63F-1-403, as repealed and reenacted by Laws of Utah
2017, Chapter 238)
63A-16-403
, (Renumbered from 63F-1-404, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-501
, (Renumbered from 63F-1-502, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-502
, (Renumbered from 63F-1-503, as repealed and reenacted by Laws of Utah
2017, Chapter 238)
63A-16-503
, (Renumbered from 63F-1-504, as last amended by Laws of Utah 2017,
Chapter 238)
63A-16-504
, (Renumbered from 63F-1-505, as enacted by Laws of Utah 2005, Chapter
169)
63A-16-505
, (Renumbered from 63F-1-506, as last amended by Laws of Utah 2009,
Chapter 350)
63A-16-506
, (Renumbered from 63F-1-507, as last amended by Laws of Utah 2019,
Chapter 35)
63A-16-507
, (Renumbered from 63F-1-508, as last amended by Laws of Utah 2013,
Chapter 310)
63A-16-508
, (Renumbered from 63F-1-509, as last amended by Laws of Utah 2020,
Chapter 154)
63A-16-509
, (Renumbered from 63F-1-510, as last amended by Laws of Utah 2016,
Chapter 171)
63A-16-601
, (Renumbered from 63F-1-701, as last amended by Laws of Utah 2020,
Chapter 154)
63A-16-602
, (Renumbered from 63F-1-702, as enacted by Laws of Utah 2007, Chapter
249)
63A-16-701
, (Renumbered from 63F-2-102, as last amended by Laws of Utah 2020,
Chapters 354 and 365)
63A-16-702
, (Renumbered from 63F-2-103, as last amended by Laws of Utah 2016,
Chapter 13)
63A-16-801
, (Renumbered from 63F-3-102, as last amended by Laws of Utah 2019,
Chapter 174)
63A-16-802
, (Renumbered from 63F-3-103, as last amended by Laws of Utah 2020,
Chapter 270)
63A-16-803
, (Renumbered from 63F-3-103.5, as last amended by Laws of Utah 2020,
Chapter 270)
63A-16-804
, (Renumbered from 63F-3-104, as last amended by Laws of Utah 2019,
Chapter 174)
63A-16-901
, (Renumbered from 63F-4-102, as enacted by Laws of Utah 2018, Chapter
144)
63A-16-902
, (Renumbered from 63F-4-201, as last amended by Laws of Utah 2019,
Chapter 246)
63A-16-903
, (Renumbered from 63F-4-202, as last amended by Laws of Utah 2019,
Chapter 246)
63A-17-101
, (Renumbered from 67-19-1, as enacted by Laws of Utah 1979, Chapter
139)
63A-17-102
, (Renumbered from 67-19-3, as last amended by Laws of Utah 2017,
Chapter 463)
63A-17-103
, (Renumbered from 67-19-3.1, as last amended by Laws of Utah 2010,
Chapter 249)
63A-17-104
, (Renumbered from 67-19-4, as last amended by Laws of Utah 2003,
Chapter 65)
63A-17-105
, (Renumbered from 67-19-5, as last amended by Laws of Utah 2009,
Chapter 183)
63A-17-106
, (Renumbered from 67-19-6, as last amended by Laws of Utah 2018,
Chapters 154 and 200)
63A-17-108
, (Renumbered from 67-19-26, as last amended by Laws of Utah 2005,
Chapter 181)
63A-17-201
, (Renumbered from 67-19-6.1, as last amended by Laws of Utah 2010,
Chapter 249)
63A-17-202
, (Renumbered from 67-19-11, as last amended by Laws of Utah 2016,
Chapters 228, 287 and last amended by Coordination Clause, Laws of Utah 2016,
Chapter 287)
63A-17-301
, (Renumbered from 67-19-15, as last amended by Laws of Utah 2020,
Chapter 360)
63A-17-302
, (Renumbered from 67-19-15.1, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-303
, (Renumbered from 67-19-15.6, as last amended by Laws of Utah 2020,
Chapter 109)
63A-17-304
, (Renumbered from 67-19-15.7, as last amended by Laws of Utah 2017,
Chapter 463)
63A-17-305
, (Renumbered from 67-19-16, as last amended by Laws of Utah 2010,
Chapters 103 and 249)
63A-17-306
, (Renumbered from 67-19-18, as last amended by Laws of Utah 2010,
Chapter 249)
63A-17-307
, (Renumbered from 67-19-12, as last amended by Laws of Utah 2017,
Chapter 463)
63A-17-401
, (Renumbered from 67-19-13, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-402
, (Renumbered from 67-19-13.5, as last amended by Laws of Utah 2016,
Chapter 348)
63A-17-403
, (Renumbered from 67-19-42, as enacted by Laws of Utah 2004, Chapter
130)
63A-17-502
, (Renumbered from 67-19-6.7, as last amended by Laws of Utah 2018,
Chapter 39)
63A-17-503
, (Renumbered from 67-19-12.7, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-504
, (Renumbered from 67-19-12.9, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-505
, (Renumbered from 67-19-14, as last amended by Laws of Utah 2013,
Chapter 109)
63A-17-506
, (Renumbered from 67-19-14.1, as last amended by Laws of Utah 2015,
Chapter 155)
63A-17-507
, (Renumbered from 67-19-14.2, as last amended by Laws of Utah 2013,
Chapter 277)
63A-17-508
, (Renumbered from 67-19-14.4, as last amended by Laws of Utah 2016,
Chapter 227)
63A-17-509
, (Renumbered from 67-19-14.5, as last amended by Laws of Utah 2017,
Chapter 254)
63A-17-510
, (Renumbered from 67-19-14.6, as last amended by Laws of Utah 2015,
Chapter 368)
63A-17-511
 (Effective 07/01/21)
, (Renumbered from 67-19-14.7 (Effective 07/01/21),
as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20)
63A-17-512
, (Renumbered from 67-19-27, as last amended by Laws of Utah 2012,
Chapter 159)
63A-17-601
, (Renumbered from 67-19-30, as last amended by Laws of Utah 2010,
Chapter 249)
63A-17-602
, (Renumbered from 67-19-31, as last amended by Laws of Utah 2008,
Chapter 382)
63A-17-603
, (Renumbered from 67-19-32, as last amended by Laws of Utah 1997,
Chapter 375)
63A-17-701
, (Renumbered from 67-19e-102, as last amended by Laws of Utah 2016,
Chapter 237)
63A-17-702
, (Renumbered from 67-19e-103, as last amended by Laws of Utah 2016,
Chapter 237)
63A-17-703
, (Renumbered from 67-19e-104, as last amended by Laws of Utah 2016,
Chapter 237)
63A-17-704
, (Renumbered from 67-19e-104.5, as enacted by Laws of Utah 2016,
Chapter 237)
63A-17-705
, (Renumbered from 67-19e-105, as enacted by Laws of Utah 2013,
Chapter 165)
63A-17-706
, (Renumbered from 67-19e-106, as last amended by Laws of Utah 2016,
Chapter 237)
63A-17-707
, (Renumbered from 67-19e-107, as enacted by Laws of Utah 2013,
Chapter 165)
63A-17-708
, (Renumbered from 67-19e-108, as last amended by Laws of Utah 2016,
Chapter 237)
63A-17-709
, (Renumbered from 67-19e-109, as enacted by Laws of Utah 2013,
Chapter 165)
63A-17-710
, (Renumbered from 67-19e-110, as last amended by Laws of Utah 2018,
Chapter 200)
63A-17-801
, (Renumbered from 67-19-6.3, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-802
, (Renumbered from 67-19-12.2, as last amended by Laws of Utah 2010,
Chapter 249)
63A-17-803
, (Renumbered from 67-19-12.5, as last amended by Laws of Utah 2008,
Chapter 382)
63A-17-804
, (Renumbered from 67-19-14.3, as last amended by Laws of Utah 2005,
Chapters 15 and 114)
63A-17-805
, (Renumbered from 67-19-43, as last amended by Laws of Utah 2016,
Chapter 310)
63A-17-806
, (Renumbered from 67-19-45, as enacted by Laws of Utah 2020, Chapter
197)
63A-17-807
, (Renumbered from 67-19c-101, as last amended by Laws of Utah 2020,
Chapter 365)
63A-17-901
, (Renumbered from 67-25-102, as last amended by Laws of Utah 2013,
Chapter 425)
63A-17-902
, (Renumbered from 67-25-201, as last amended by Laws of Utah 2013,
Chapter 433)
63A-17-903
, (Renumbered from 67-25-302, as enacted by Laws of Utah 2013, Chapter
425)
63A-17-904
, (Renumbered from 67-19-19, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-1001
, (Renumbered from 67-19-33, as last amended by Laws of Utah 2018,
Third Special Session, Chapter 1)
63A-17-1002
, (Renumbered from 67-19-34, as last amended by Laws of Utah 2008,
Chapter 382)
63A-17-1003
, (Renumbered from 67-19-35, as enacted by Laws of Utah 1990, Chapter
280)
63A-17-1004
, (Renumbered from 67-19-36, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-1005
, (Renumbered from 67-19-37, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-1006
, (Renumbered from 67-19-38, as last amended by Laws of Utah 2006,
Chapter 139)
63A-17-1007
, (Renumbered from 67-19-39, as last amended by Laws of Utah 2002,
Chapter 185)
REPEALS:
63F-1-105
, as last amended by Laws of Utah 2020, Chapter 352
63F-1-302
, as last amended by Laws of Utah 2016, Chapter 287
63F-1-401
, as repealed and reenacted by Laws of Utah 2017, Chapter 238
63F-1-501
, as repealed and reenacted by Laws of Utah 2017, Chapter 238
63F-1-601
, as repealed and reenacted by Laws of Utah 2017, Chapter 238
63F-2-101
, as enacted by Laws of Utah 2015, Chapter 371
63F-3-101
, as last amended by Laws of Utah 2019, Chapter 174
63F-4-101
, as enacted by Laws of Utah 2018, Chapter 144
67-19-29
, as enacted by Laws of Utah 1979, Chapter 139
67-19d-101
, as enacted by Laws of Utah 2007, Chapter 99
67-19e-101
, as enacted by Laws of Utah 2013, Chapter 165
67-19f-101
, as last amended by Laws of Utah 2015, Chapter 368
67-25-101
, as enacted by Laws of Utah 2011, Chapter 442
67-25-301
, as enacted by Laws of Utah 2013, Chapter 425
67-26-101
, as enacted by Laws of Utah 2020, Chapter 155
Utah Code Sections Affected by Coordination Clause:
63A-12-201
, Utah Code Annotated 1953
63A-12-202
, Utah Code Annotated 1953
63A-16-601
, Utah Code Annotated 1953
63A-16-602
, Utah Code Annotated 1953
63F-1-701
, as last amended by Laws of Utah 2020, Chapter 154
63F-1-702
, as enacted by Laws of Utah 2007, Chapter 249
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41a-107
 is amended to read:
4-41a-107.
Notice to prospective and current public employees.
(1) (a) A state employer or a political subdivision employer shall take the action
described in Subsection (1)(b) before:
(i) giving to a current employee an assignment or duty that arises from or directly
relates to an obligation under this chapter; or
(ii) hiring a prospective employee whose assignments or duties would include an
assignment or duty that arises from or directly relates to an obligation under this chapter.
(b) The employer described in Subsection (1)(a) shall give the employee or prospective
employee described in Subsection (1)(a) a written notice that notifies the employee or
prospective employee:
(i) that the employee's or prospective employee's job duties may require the employee
or prospective employee to engage in conduct which is in violation of the criminal laws of the
United States; and
(ii) that in accepting a job or undertaking a duty described in Subsection (1)(a),
although the employee or prospective employee is entitled to the protections of Title 67,
Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
carry out an assignment or duty that may be a violation of the criminal laws of the United
States with respect to the manufacture, sale, or distribution of cannabis.
(2) The [
Department
] 
Division
 of Human Resource Management shall create, revise,
and publish the form of the notice described in Subsection (1).
(3) Notwithstanding Subsection 
67-21-3
(3), an employee who has signed the notice
described in Subsection (1) may not:
(a) claim in good faith that the employee's actions violate or potentially violate the laws
of the United States with respect to the manufacture, sale, or distribution of cannabis; or
(b) refuse to carry out a directive that the employee reasonably believes violates the
criminal laws of the United States with respect to the manufacture, sale, or distribution of
cannabis.
(4) An employer of an employee who has signed the notice described in Subsection (1)
may not take retaliatory action as defined in Section 
67-19a-101
 against a current employee
who refuses to sign the notice described in Subsection (1).
Section 2. Section 
10-2-703
 is amended to read:
10-2-703.
Publication of notice of election.
(1) Immediately after setting the date for the election, the court shall order for
publication notice of the:
(a) petition; and
(b) date the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be published:
(a) (i) for at least once a week for a period of four weeks before the election in a
newspaper of general circulation in the municipality;
(ii) if there is no newspaper of general circulation in the municipality, at least four
weeks before the day of the election, by posting one notice, and at least one additional notice
per 2,000 population of the municipality, in places within the municipality that are most likely
to give notice to the voters in the municipality; or
(iii) at least one month before the day of the election, by mailing notice to each
registered voter in the municipality;
(b) on the Utah Public Notice Website created in Section [
63F-1-701
] 
63A-16-601
, for
four weeks before the day of the election;
(c) in accordance with Section 
45-1-101
, for four weeks before the day of the election;
and
(d) if the municipality has a website, on the municipality's website for four weeks
before the day of the election.
Section 3. Section 
11-36a-501
 is amended to read:
11-36a-501.
Notice of intent to prepare an impact fee facilities plan.
(1) Before preparing or amending an impact fee facilities plan, a local political
subdivision or private entity shall provide written notice of its intent to prepare or amend an
impact fee facilities plan.
(2) A notice required under Subsection (1) shall:
(a) indicate that the local political subdivision or private entity intends to prepare or
amend an impact fee facilities plan;
(b) describe or provide a map of the geographic area where the proposed impact fee
facilities will be located; and
(c) subject to Subsection (3), be posted on the Utah Public Notice Website created
under Section [
63F-1-701
] 
63A-16-601
.
(3) For a private entity required to post notice on the Utah Public Notice Website under
Subsection (2)(c):
(a) the private entity shall give notice to the general purpose local government in which
the private entity's private business office is located; and
(b) the general purpose local government described in Subsection (3)(a) shall post the
notice on the Utah Public Notice Website.
Section 4. Section 
11-38-102
 is amended to read:
11-38-102.
Definitions.
As used in this chapter:
(1) "Affordable housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross
income of the applicable municipal or county statistical area for households of the same size.
(2) "Agricultural land" has the same meaning as "land in agricultural use" under
Section 
59-2-502
.
(3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
land where expansion or redevelopment is complicated by real or perceived environmental
contamination.
(4) "Commission" means the Quality Growth Commission established in Section
11-38-201
.
(5) "Infill development" means residential, commercial, or industrial development on
unused or underused land, excluding open land and agricultural land, within existing, otherwise
developed urban areas.
(6) "Local entity" means a county, city, or town.
(7) (a) "Open land" means land that is:
(i) preserved in or restored to a predominantly natural, open, and undeveloped
condition; and
(ii) used for:
(A) wildlife habitat;
(B) cultural or recreational use;
(C) watershed protection; or
(D) another use consistent with the preservation of the land in or restoration of the land
to a predominantly natural, open, and undeveloped condition.
(b) (i) "Open land" does not include land whose predominant use is as a developed
facility for active recreational activities, including baseball, tennis, soccer, golf, or other
sporting or similar activity.
(ii) The condition of land does not change from a natural, open, and undeveloped
condition because of the development or presence on the land of facilities, including trails,
waterways, and grassy areas, that:
(A) enhance the natural, scenic, or aesthetic qualities of the land; or
(B) facilitate the public's access to or use of the land for the enjoyment of its natural,
scenic, or aesthetic qualities and for compatible recreational activities.
(8) "Program" means the LeRay McAllister Critical Land Conservation Program
established in Section 
11-38-301
.
(9) "Surplus land" means real property owned by the Department of [
Administrative
Services
] 
Government Operations
, the Department of Agriculture and Food, the Department of
Natural Resources, or the Department of Transportation that the individual department
determines not to be necessary for carrying out the mission of the department.
Section 5. Section 
13-1a-3
 is amended to read:
13-1a-3.
Employment and compensation of personnel -- Compensation of
director.
The director, with the approval of the executive director, may employ personnel
necessary to carry out the duties and responsibilities of the division at salaries established by
the executive director according to standards established by the [
Department
] 
Division
 of
Human Resource Management. The executive director shall establish the salary of the director
according to standards established by the [
Department
] 
Division
 of Human Resource
Management.
Section 6. Section 
13-2-3
 is amended to read:
13-2-3.
Employment of personnel -- Compensation of director.
(1) The director, with the approval of the executive director, may employ personnel
necessary to carry out the duties and responsibilities of the division at salaries established by
the executive director according to standards established by the [
Department of Administrative
Services
] 
Division of Human Resource Management
.
(2) The executive director shall establish the salary of the director according to
standards established by the [
Department of Administrative Services
] 
Division of Human
Resource Management
.
(3) The director may employ specialists, technical experts, or investigators to
participate or assist in investigations if they reasonably require expertise beyond that normally
required for division personnel.
(4) An investigator employed pursuant to Subsection (3) may be designated a special
function officer, as defined in Section 
53-13-105
, by the director, but is not eligible for
retirement benefits under the Public Safety Employee's Retirement System.
Section 7. Section 
15A-1-203
 is amended to read:
15A-1-203.
Uniform Building Code Commission -- Unified Code Analysis
Council.
(1) There is created a Uniform Building Code Commission to advise the division with
respect to the division's responsibilities in administering the codes.
(2) The commission shall consist of 11 members as follows:
(a) one member shall be from among candidates nominated by the Utah League of
Cities and Towns and the Utah Association of Counties;
(b) one member shall be a licensed building inspector employed by a political
subdivision of the state;
(c) one member shall be a licensed professional engineer;
(d) one member shall be a licensed architect;
(e) one member shall be a fire official;
(f) three members shall be contractors licensed by the state, of which one shall be a
general contractor, one an electrical contractor, and one a plumbing contractor;
(g) two members shall be from the general public and have no affiliation with the
construction industry or real estate development industry; and
(h) one member shall be from the Division of Facilities Construction and Management
of the Department of [
Administrative Services
] 
Government Operations
.
(3) (a) The executive director shall appoint each commission member after submitting
a nomination to the governor for confirmation or rejection.
(b) If the governor rejects a nominee, the executive director shall submit an alternative
nominee until the governor confirms the nomination. An appointment is effective after the
governor confirms the nomination.
(4) (a) Except as required by Subsection (4)(b), as terms of commission members
expire, the executive director shall appoint each new commission member or reappointed
commission member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of commission members are staggered so that approximately half of the commission is
appointed every two years.
(5) When a vacancy occurs in the commission membership for any reason, the
executive director shall appoint a replacement for the unexpired term.
(6) (a) A commission member may not serve more than two full terms.
(b) A commission member who ceases to serve may not again serve on the commission
until after the expiration of two years after the day on which service ceased.
(7) A majority of the commission members constitute a quorum and may act on behalf
of the commission.
(8) A commission member may not receive compensation or benefits for the
commission member's service, but may receive per diem and travel expenses in accordance
with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) (a) The commission shall annually designate one of the commission's members to
serve as chair of the commission.
(b) The division shall provide a secretary to facilitate the function of the commission
and to record the commission's actions and recommendations.
(10) The commission shall:
(a) in accordance with Section 
15A-1-204
, report to the Business and Labor Interim
Committee;
(b) act as an appeals board as provided in Section 
15A-1-207
;
(c) establish advisory peer committees on either a standing or ad hoc basis to advise the
commission with respect to matters related to a code, including a committee to advise the
commission regarding health matters related to a plumbing code; and
(d) assist the division in overseeing code-related training in accordance with Section
15A-1-209
.
(11) (a) In a manner consistent with Subsection (10)(c), the commission shall jointly
create with the Utah Fire Prevention Board an advisory peer committee known as the "Unified
Code Analysis Council" to review fire prevention and construction code issues that require
definitive and specific analysis.
(b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
(i) the appointment of members to the Unified Code Analysis Council; and
(ii) procedures followed by the Unified Code Analysis Council.
Section 8. Section 
20A-20-201
 is amended to read:
20A-20-201.
Utah Independent Redistricting Commission -- Creation --
Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
(1) (a) There is created the Utah Independent Redistricting Commission.
(b) The commission is housed in the Department of [
Administrative Services
]
Government Operations
 for budgetary purposes only.
(c) The commission is not under the direction or control of the Department of
[
Administrative Services
] 
Government Operations
 or any executive director, director, or other
employee of the Department of [
Administrative Services
] 
Government Operations
 or any other
government entity.
(2) Except as provided in Subsection (4), the commission comprises seven members
appointed as follows:
(a) one member appointed by the governor, which member shall serve as chair of the
commission;
(b) one member appointed by the president of the Senate;
(c) one member appointed by the speaker of the House of Representatives;
(d) one member appointed by the legislative leader of the largest minority political
party in the Senate;
(e) one member appointed by the legislative leader of the largest minority political
party in the House of Representatives;
(f) one member appointed jointly by the president of the Senate and the speaker of the
House of Representatives; and
(g) one member appointed jointly by the legislative leader of the largest minority
political party in the Senate and the legislative leader of the largest minority political party in
the House of Representatives.
(3) An appointing authority described in Subsection (2):
(a) shall make the appointments no later than:
(i) February 1 of the year immediately following a decennial year; or
(ii) if there is a change in the number of congressional, legislative, or other districts
resulting from an event other than a national decennial enumeration made by the authority of
the United States, the day on which the Legislature appoints a committee to draw maps in
relation to the change;
(b) may remove a commission member appointed by the appointing authority, for
cause; and
(c) shall, if a vacancy occurs in the position appointed by the appointing authority
under Subsection (2), appoint another individual to fill the vacancy within 10 days after the day
on which the vacancy occurs.
(4) (a) If the appointing authority described in Subsection (2)(a) fails to timely make
the appointment, the legislative leader of the largest political party in the House of
Representatives and the Senate, of which the governor is not a member, shall jointly make the
appointment.
(b) If the appointing authority described in Subsection (2)(b) fails to timely make the
appointment, the appointing authority described in Subsection (2)(d) shall make the
appointment.
(c) If the appointing authority described in Subsection (2)(c) fails to timely make the
appointment, the appointing authority described in Subsection (2)(e) shall make the
appointment.
(d) If the appointing authority described in Subsection (2)(d) fails to timely make the
appointment, the appointing authority described in Subsection (2)(b) shall make the
appointment.
(e) If the appointing authority described in Subsection (2)(e) fails to timely make the
appointment, the appointing authority described in Subsection (2)(c) shall make the
appointment.
(f) If the appointing authority described in Subsection (2)(f) fails to timely make the
appointment, the appointing authority described in Subsection (2)(g) shall make the
appointment.
(g) If the appointing authority described in Subsection (2)(g) fails to timely make the
appointment, the appointing authority described in Subsection (2)(f) shall make the
appointment.
(5) A member of the commission may not, during the member's service on the
commission:
(a) be a lobbyist or principal, as those terms are defined in Section 
36-11-102
;
(b) be a candidate for or holder of any elective office, including federal elective office,
state elective office, or local government elective office;
(c) be a candidate for or holder of any office of a political party, except for delegates to
a political party's convention;
(d) be an employee of, or a paid consultant for, a political party, political party
committee, personal campaign committee, or any political action committee affiliated with a
political party or controlled by an elected official or candidate for elective office, including any
local government office;
(e) serve in public office if the member is appointed to public office by the governor or
the Legislature;
(f) be employed by the United States Congress or the Legislature; or
(g) hold any position that reports directly to an elected official, including a local
elected official, or to any person appointed by the governor or Legislature to any other public
office.
(6) In addition to the qualifications described in Subsection (5), a member of the
commission described in Subsection (2)(f) or (g):
(a) may not have, during the two-year period immediately preceding the member's
appointment to the commission:
(i) been affiliated with a political party under Section 
20A-2-107
;
(ii) voted in the regular primary election or municipal primary election of a political
party; or
(iii) been a delegate to a political party convention; and
(b) may not, in the sole determination of the appointing authority, be an individual who
is affiliated with a partisan organization or cause.
(7) Each commission member shall, upon appointment to the commission, sign and file
a statement with the governor certifying that the commission member:
(a) meets the qualifications for appointment to the commission;
(b) will, during the member's service on the commission, comply with the requirements
described in Subsection (5);
(c) will comply with the standards, procedures, and requirements described in this
chapter that are applicable to a commission member; and
(d) will faithfully discharge the duties of a commission member in an independent,
impartial, honest, and transparent manner.
(8) For a regular decennial redistricting, the commission is:
(a) formed and may begin conducting business on February 1 of the year immediately
following a decennial year; and
(b) dissolved upon approval of the Legislature's redistricting maps by the governor, or
the day following the constitutional time limit of Utah Constitution, Article VII, Section 8,
without the governor's signature, or in the case of a veto, the date of veto override.
(9) (a) A member of the commission may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(b) A member of the commission may decline to receive per diem or travel expenses.
(10) The commission shall meet upon the request of a majority of the commission
members or when the chair calls a meeting.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) The commission takes official action by a majority vote of a quorum present at a
meeting of the commission.
(12) Within appropriations from the Legislature, the commission may, to fulfill the
duties of the commission:
(a) contract with or employ an attorney licensed in Utah, an executive director, and
other staff; and
(b) purchase equipment and other resources, in accordance with Title 63G, Chapter 6a,
Utah Procurement Code, to fulfill the duties of the commission.
(13) The commission shall maintain a website where the public may:
(a) access announcements and records of commission meetings and hearings;
(b) access maps presented to, or under consideration by, the commission;
(c) access evaluations described in Subsection 
20A-20-302
(8);
(d) submit a map to the commission; and
(e) submit comments on a map presented to, or under consideration by, the
commission.
Section 9. Section 
26-61a-103
 is amended to read:
26-61a-103.
Electronic verification system.
(1) The Department of Agriculture and Food, the department, the Department of Public
Safety, and the [
Department
] 
Division
 of Technology Services shall:
(a) enter into a memorandum of understanding in order to determine the function and
operation of the state electronic verification system in accordance with Subsection (2);
(b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
Procurement Code, to develop a request for proposals for a third-party provider to develop and
maintain the state electronic verification system in coordination with the [
Department
]
Division
 of Technology Services; and
(c) select a third-party provider who:
(i) meets the requirements contained in the request for proposals issued under
Subsection (1)(b); and
(ii) may not have any commercial or ownership interest in a cannabis production
establishment or a medical cannabis pharmacy.
(2) The Department of Agriculture and Food, the department, the Department of Public
Safety, and the [
Department
] 
Division
 of Technology Services shall ensure that, on or before
March 1, 2020, the state electronic verification system described in Subsection (1):
(a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
medical cannabis guardian card, provided that the card may not become active until the
relevant qualified medical provider completes the associated medical cannabis
recommendation;
(b) allows an individual to apply to renew a medical cannabis patient card or a medical
cannabis guardian card in accordance with Section 
26-61a-201
;
(c) allows a qualified medical provider, or an employee described in Subsection (3)
acting on behalf of the qualified medical provider, to:
(i) access dispensing and card status information regarding a patient:
(A) with whom the qualified medical provider has a provider-patient relationship; and
(B) for whom the qualified medical provider has recommended or is considering
recommending a medical cannabis card;
(ii) electronically recommend, after an initial face-to-face visit with a patient described
in Subsection 
26-61a-201
(4)(b), treatment with cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
(iii) electronically renew a recommendation to a medical cannabis patient cardholder or
medical cannabis guardian cardholder:
(A) using telehealth services, for the qualified medical provider who originally
recommended a medical cannabis treatment during a face-to-face visit with the patient; or
(B) during a face-to-face visit with the patient, for a qualified medical provider who
did not originally recommend the medical cannabis treatment during a face-to-face visit; and
(iv) notate a determination of physical difficulty or undue hardship, described in
Subsection 
26-61a-202
(1), to qualify a patient to designate a caregiver;
(d) connects with:
(i) an inventory control system that a medical cannabis pharmacy uses to track in real
time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
medicinal dosage form, or a medical cannabis device, including:
(A) the time and date of each purchase;
(B) the quantity and type of cannabis, cannabis product, or medical cannabis device
purchased;
(C) any cannabis production establishment, any medical cannabis pharmacy, or any
medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
device; and
(D) the personally identifiable information of the medical cannabis cardholder who
made the purchase; and
(ii) any commercially available inventory control system that a cannabis production
establishment utilizes in accordance with Section 
4-41a-103
 to use data that the Department of
Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
track and confirm compliance;
(e) provides access to:
(i) the department to the extent necessary to carry out the department's functions and
responsibilities under this chapter;
(ii) the Department of Agriculture and Food to the extent necessary to carry out the
functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
41a, Cannabis Production Establishments; and
(iii) the Division of Occupational and Professional Licensing to the extent necessary to
carry out the functions and responsibilities related to the participation of the following in the
recommendation and dispensing of medical cannabis:
(A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(D) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act;
(f) provides access to and interaction with the state central patient portal;
(g) provides access to state or local law enforcement:
(i) during a law enforcement encounter, without a warrant, using the individual's driver
license or state ID, only for the purpose of determining if the individual subject to the law
enforcement encounter has a valid medical cannabis card; or
(ii) after obtaining a warrant; and
(h) creates a record each time a person accesses the database that identifies the person
who accesses the database and the individual whose records the person accesses.
(3) (a) Beginning on the earlier of January 1, 2021, or the date on which the electronic
verification system is functionally capable of allowing employee access under this Subsection
(3), an employee of a qualified medical provider may access the electronic verification system
for a purpose described in Subsection (2)(c) on behalf of the qualified medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider provides written notice to the department of the
employee's identity and the designation described in Subsection (3)(a)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(b) An employee of a business that employs a qualified medical provider may access
the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
qualified medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider and the employing business jointly provide written
notice to the department of the employee's identity and the designation described in Subsection
(3)(b)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(4) (a) As used in this Subsection (4), "prescribing provider" means:
(i) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(iii) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(b) Beginning on the earlier of January 1, 2021, or the date on which the electronic
verification system is functionally capable of allowing provider access under this Subsection
(4), a prescribing provider may access information in the electronic verification system
regarding a patient the prescribing provider treats.
(5) The department may release limited data that the system collects for the purpose of:
(a) conducting medical and other department approved research;
(b) providing the report required by Section 
26-61a-703
; and
(c) other official department purposes.
(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish:
(a) the limitations on access to the data in the state electronic verification system as
described in this section; and
(b) standards and procedures to ensure accurate identification of an individual
requesting information or receiving information in this section.
(7) (a) Any person who knowingly and intentionally releases any information in the
state electronic verification system in violation of this section is guilty of a third degree felony.
(b) Any person who negligently or recklessly releases any information in the state
electronic verification system in violation of this section is guilty of a class C misdemeanor.
(8) (a) Any person who obtains or attempts to obtain information from the state
electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
(b) Any person who obtains or attempts to obtain information from the state electronic
verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
degree felony.
(9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
intentionally use, release, publish, or otherwise make available to any other person information
obtained from the state electronic verification system for any purpose other than a purpose
specified in this section.
(b) Each separate violation of this Subsection (9) is:
(i) a third degree felony; and
(ii) subject to a civil penalty not to exceed $5,000.
(c) The department shall determine a civil violation of this Subsection (9) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) Civil penalties assessed under this Subsection (9) shall be deposited into the
General Fund.
(e) This Subsection (9) does not prohibit a person who obtains information from the
state electronic verification system under Subsection (2)(a), (c), or (f) from:
(i) including the information in the person's medical chart or file for access by a person
authorized to review the medical chart or file;
(ii) providing the information to a person in accordance with the requirements of the
Health Insurance Portability and Accountability Act of 1996; or
(iii) discussing or sharing that information about the patient with the patient.
Section 10. Section 
26-61a-111
 is amended to read:
26-61a-111.
Nondiscrimination for medical care or government employment --
Notice to prospective and current public employees -- No effect on private employers.
(1) For purposes of medical care, including an organ or tissue transplant, a patient's
use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
product in a medicinal dosage form:
(a) is considered the equivalent of the authorized use of any other medication used at
the discretion of a physician; and
(b) does not constitute the use of an illicit substance or otherwise disqualify an
individual from needed medical care.
(2) (a) Notwithstanding any other provision of law and except as provided in
Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
cannabis in accordance with this chapter or Section 
58-37-3.7
 in the same way the state or
political subdivision treats employee use of any prescribed controlled substance.
(b) A state or political subdivision employee who has a valid medical cannabis card is
not subject to adverse action, as that term is defined in Section 
67-21-2
, for failing a drug test
due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired or
otherwise adversely affected in the employee's job performance due to the use of medical
cannabis.
(c) Subsections (2)(a) and (b) do not apply where the application of Subsection (2)(a) or
(b) would jeopardize federal funding, a federal security clearance, or any other federal
background determination required for the employee's position, or if the employee's position is
dependent on a license that is subject to federal regulations.
(3) (a) (i) A state employer or a political subdivision employer shall take the action
described in Subsection (3)(a)(ii) before:
(A) giving to a current employee an assignment or duty that arises from or directly
relates to an obligation under this chapter; or
(B) hiring a prospective employee whose assignments or duties would include an
assignment or duty that arises from or directly relates to an obligation under this chapter.
(ii) The employer described in Subsection (3)(a)(i) shall give the employee or
prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
employee or prospective employee:
(A) that the employee's or prospective employee's job duties may require the employee
or prospective employee to engage in conduct which is in violation of the criminal laws of the
United States; and
(B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
although the employee or prospective employee is entitled to the protections of Title 67,
Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
carry out an assignment or duty that may be a violation of the criminal laws of the United
States with respect to the manufacture, sale, or distribution of cannabis.
(b) The [
Department
] 
Division
 of Human Resource Management shall create, revise,
and publish the form of the notice described in Subsection (3)(a).
(c) Notwithstanding Subsection 
67-21-3
(3), an employee who has signed the notice
described in Subsection (3)(a) may not:
(i) claim in good faith that the employee's actions violate or potentially violate the laws
of the United States with respect to the manufacture, sale, or distribution of cannabis; or
(ii) refuse to carry out a directive that the employee reasonably believes violates the
criminal laws of the United States with respect to the manufacture, sale, or distribution of
cannabis.
(d) An employer may not take retaliatory action as defined in Section 
67-19a-101
against a current employee who refuses to sign the notice described in Subsection (3)(a).
(4) Nothing in this section requires a private employer to accommodate the use of
medical cannabis or affects the ability of a private employer to have policies restricting the use
of medical cannabis by applicants or employees.
Section 11. Section 
31A-2-113
 is amended to read:
31A-2-113.
Supporting services.
(1) The Department of [
Administrative Services
] 
Government Operations
 shall provide
suitable offices for the Insurance Department:
(a) in Salt Lake City; and
(b) elsewhere, if approved by the governor as necessary for the efficient operation of
the department.
(2) The commissioner shall, in accordance with the rules of the Department of
[
Administrative Services
] 
Government Operations
 or other applicable laws, procure or obtain
access to all materials, supplies, and equipment necessary for the efficient operation of the
Insurance Department, including reasonable library facilities and books.
Section 12. Section 
35A-1-205
 is amended to read:
35A-1-205.
Workforce Appeals Board -- Chair -- Appointment -- Compensation
-- Qualifications.
(1) There is created the Workforce Appeals Board within the department consisting of
one or more panels to hear and decide appeals from the decision of an administrative law
judge.
(2) (a) A panel shall consist of three impartial members appointed by the governor as
follows:
(i) the board chair, appointed in accordance with Subsection (5);
(ii) one member appointed to represent employers; and in making this appointment, the
governor shall consider nominations from employer organizations; and
(iii) one member appointed to represent employees; and in making this appointment,
the governor shall consider nominations from employee organizations.
(b) No more than two members of a panel may belong to the same political party.
(3) (a) (i) The term of a member shall be six years beginning on March 1 of the year
the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
(ii) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of members are staggered so that approximately one third of
the members are appointed every two years.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
or misfeasance in office, or other good and sufficient cause.
(d) A member shall hold office until a successor is appointed and has qualified.
(4) (a) Except as provided in Subsection (4)(b), a member may not receive
compensation or benefits for the member's service, but may receive per diem and travel
expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(b) The member appointed as board chair in accordance with Subsection (5) shall be
compensated at an hourly rate determined by the [
Department
] 
Division
 of Human Resource
Management in accordance with Title [
67, Chapter 19
] 
63A, Chapter 17
, Utah State Personnel
Management Act.
(5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
and administrative head of the board.
(b) The chair shall be appointed by the governor to represent the public and may be
removed from that position at the will of the governor.
(c) The chair shall be experienced in administration and possess any additional
qualifications determined by the governor.
(6) (a) The chair shall designate an alternate from a panel appointed under this section:
(i) in the absence of a regular member or the chair; or
(ii) if the regular member or the chair has a conflict of interest.
(b) Each case shall be decided by a full three-member panel.
(7) The department shall provide the Workforce Appeals Board necessary staff
support, except, the board may employ, retain, or appoint legal counsel.
Section 13. Section 
35A-13-302
 is amended to read:
35A-13-302.
Governor's Committee on Employment of People with Disabilities.
(1) There is created the Governor's Committee on Employment of People with
Disabilities, composed of the following 19 members:
(a) the director of the office;
(b) the state superintendent of public instruction or the superintendent's designee;
(c) the commissioner of higher education or the commissioner's designee;
(d) the [
executive
] director of the [
Department
] 
Division
 of Human Resource
Management or the [
executive
] director's designee;
(e) the executive director of the Department of Human Services or the executive
director's designee;
(f) the executive director of the Department of Health or the executive director's
designee; and
(g) the following 13 members appointed by the governor:
(i) a representative of individuals who are blind or visually impaired;
(ii) a representative of individuals who are deaf or hard of hearing;
(iii) a representative of individuals who have disabilities;
(iv) seven representatives of business or industry;
(v) a representative experienced in job training and placement;
(vi) a representative of veterans; and
(vii) a representative experienced in medical, health, or insurance professions.
(2) (a) (i) Except as provided in Subsection (2)(a)(ii), the governor shall appoint the
committee members described in Subsection (1)(g) to serve four-year terms.
(ii) In making the initial appointments to the committee, the governor shall appoint
approximately one-half of the members to two-year terms and one-half of the members to
four-year terms.
(b) Committee members shall serve until their successors are appointed and qualified.
(c) The governor shall fill any vacancy that occurs on the committee for any reason by
appointing a person according to the procedures of this section for the unexpired term of the
vacated member.
(d) The director of the office shall select a chair of the committee from the
membership.
(e) Ten members of the committee are a quorum for the transaction of business.
(3) (a) The committee shall:
(i) promote employment opportunities for individuals with disabilities;
(ii) serve as the designated state liaison to the President's Committee on Employment
of People with Disabilities;
(iii) provide training and technical assistance to employers in implementing the
Americans with Disabilities Act;
(iv) develop and disseminate appropriate information through workshops, meetings,
and other requests in response to needs to employers and others regarding employment of
individuals with disabilities;
(v) establish contacts with various community representatives to identify and resolve
barriers to full participation in employment and community life;
(vi) formally recognize exemplary contributions in the areas of employment, job
placement, training, rehabilitation, support services, medicine, media or public relations, and
personal achievements made by individuals with disabilities;
(vii) advise, encourage, and motivate individuals with disabilities who are preparing
for or seeking employment to reach their full potential as qualified employees;
(viii) advocate for policies and practices that promote full and equal rights for
individuals with disabilities;
(ix) advise the office, the department, and the governor on issues that affect
employment and other requests for information on disability issues; and
(x) prepare an annual report on the progress, accomplishments, and future goals of the
committee and present the report to the department for inclusion in the department's annual
report described in Section 
35A-1-109
.
(b) The committee may, by following the procedures and requirements of Title 63J,
Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive
and accept state funds, private gifts, donations, and funds from any source to carry out its
purposes.
(4) The office shall staff the committee.
Section 14. Section 
36-11-307
 is amended to read:
36-11-307.
Ethics and unlawful harassment training course for lobbyists --
Internet availability -- Content -- Participation tracking -- Penalty.
(1) The lieutenant governor shall develop and maintain online training courses
educating lobbyists about:
(a) federal workplace discrimination and harassment prohibitions and requirements;
(b) the Utah Senate's, Utah House's, and the executive branch's policies governing
workplace discrimination and harassment prohibitions, policies, and procedures; and
(c) state and federal requirements governing lobbyists, including lobbyist ethical
requirements.
(2) A training course described in Subsection (1) shall include training materials and
exercises that are available on the Internet to lobbyists and to the public.
(3) The lieutenant governor shall design the ethics training course to assist lobbyists in
understanding and complying with current ethical and campaign finance requirements under
state law, legislative rules, and federal law.
(4) The lieutenant governor may enter into an agreement with the [
Department
]
Division
 of Human Resource Management to assist the lieutenant governor in providing the
workplace discrimination and harassment training described in this section.
(5) A training course described in this section shall include provisions for verifying
when a lobbyist has successfully completed the training.
(6) (a) A lobbyist shall, within 30 days after the day on which the lobbyist applies for a
lobbying license or a lobbying license renewal:
(i) successfully complete the training courses described in this section; and
(ii) provide to the lieutenant governor a document, signed by the lobbyist, certifying
that the lobbyist has:
(A) completed the training courses required by this section; and
(B) received, read, understands, and will comply with the workplace discrimination
and harassment policies adopted by the Utah Senate, the Utah House, and Utah's executive
branch.
(b) The lieutenant governor may not issue a lobbying license, or renew a lobbying
license, until the lieutenant governor has received from the lobbyist the document required by
Subsection (6)(a).
(7) A signature described in Subsection (6)(b) may be an electronic signature.
Section 15. Section 
46-1-3
 is amended to read:
46-1-3.
 Qualifications -- Application for notarial commission required -- Term.
(1) Except as provided in Subsection (4), and subject to Section 
46-1-3.5
, the
lieutenant governor shall commission as a notary any qualified person who submits an
application in accordance with this chapter.
(2) To qualify for a notarial commission an individual shall:
(a) be at least 18 years old;
(b) lawfully reside in the state for at least 30 days immediately before the individual
applies for a notarial commission;
(c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no significant
misstatement or omission of fact, that includes:
(i) the individual's:
(A) name as it will appear on the commission;
(B) residential address;
(C) business address;
(D) daytime telephone number; and
(E) date of birth;
(ii) an affirmation that the individual meets the requirements of this section;
(iii) an indication of any criminal convictions the individual has received, including a
plea of admission or no contest;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
notarial commission or other professional license involving the applicant in this or any other
state;
(v) an indication that the individual has passed the examination described in
Subsection (6); and
(vi) payment of an application fee that the lieutenant governor establishes in
accordance with Section 
63J-1-504
;
(e) (i) be a United States citizen; or
(ii) have permanent resident status under Section 245 of the Immigration and
Nationality Act; and
(f) submit to a background check described in Subsection (3).
(3) (a) The lieutenant governor shall:
(i) request the [
Department
] 
Division
 of Human Resource Management to perform a
criminal background check under Subsection 
53-10-108
(16) on each individual who submits
an application under this section;
(ii) require an individual who submits an application under this section to provide a
signed waiver on a form provided by the lieutenant governor that complies with Subsection
53-10-108
(4); and
(iii) provide the [
Department
] 
Division
 of Human Resource Management the personal
identifying information of each individual who submits an application under this section.
(b) The [
Department
] 
Division
 of Human Resource Management shall:
(i) perform a criminal background check under Subsection 
53-10-108
(16) on each
individual described in Subsection (3)(a)(i); and
(ii) provide to the lieutenant governor all information that pertains to the individual
described in Subsection (3)(a)(i) that the department identifies or receives as a result of the
background check.
(4) The lieutenant governor may deny an application based on:
(a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or professional
license issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the examination described in Subsection (6).
(5) (a) An individual whom the lieutenant governor commissions as a notary:
(i) may perform notarial acts in any part of the state for a term of four years, unless the
person resigns or the commission is revoked or suspended under Section 
46-1-19
; and
(ii) except through a remote notarization performed in accordance with this chapter,
may not perform a notarial act for another individual who is outside of the state.
(b) (i) After an individual's commission expires, the individual may not perform a
notarial act until the individual obtains a new commission.
(ii) An individual whose commission expires and who wishes to obtain a new
commission shall submit a new application, showing compliance with the requirements of this
section.
(6) (a) Each applicant for a notarial commission shall take an examination that the
lieutenant governor approves and submit the examination to a testing center that the lieutenant
governor designates for purposes of scoring the examination.
(b) The testing center that the lieutenant governor designates shall issue a written
acknowledgment to the applicant indicating whether the applicant passed or failed the
examination.
(7) (a) A notary shall maintain permanent residency in the state during the term of the
notary's notarial commission.
(b) A notary who does not maintain permanent residency under Subsection (7)(a) shall
resign the notary's notarial commission in accordance with Section 
46-1-21
.
Section 16. Section 
46-4-503
 is amended to read:
46-4-503.
Government products and services provided electronically.
(1) Notwithstanding Section 
46-4-501
, a state governmental agency that administers
one or more of the following transactions shall allow those transactions to be conducted
electronically:
(a) an application for or renewal of a professional or occupational license issued under
Title 58, Occupations and Professions;
(b) the renewal of a drivers license;
(c) an application for a hunting or fishing license;
(d) the filing of:
(i) a return under Title 59, Chapter 10, Individual Income Tax Act, or Title 59, Chapter
12, Sales and Use Tax Act;
(ii) a court document, as defined by the Judicial Council; or
(iii) a document under Title 70A, Uniform Commercial Code;
(e) a registration for:
(i) a product; or
(ii) a brand;
(f) a renewal of a registration of a motor vehicle;
(g) a registration under:
(i) Title 16, Corporations;
(ii) Title 42, Names; or
(iii) Title 48, Unincorporated Business Entity Act; or
(h) submission of an application for benefits:
(i) under Title 35A, Chapter 3, Employment Support Act;
(ii) under Title 35A, Chapter 4, Employment Security Act; or
(iii) related to accident and health insurance.
(2) The state system of public education, in coordination with the Utah Education and
Telehealth Network, shall make reasonable progress toward making the following services
available electronically:
(a) secure access by parents and students to student grades and progress reports;
(b) email communications with:
(i) teachers;
(ii) parent-teacher associations; and
(iii) school administrators;
(c) access to school calendars and schedules; and
(d) teaching resources that may include:
(i) teaching plans;
(ii) curriculum guides; and
(iii) media resources.
(3) A state governmental agency shall:
(a) in carrying out the requirements of this section, take reasonable steps to ensure the
security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2,
Government Records Access and Management Act;
(b) in addition to those transactions listed in Subsections (1) and (2), determine any
additional services that may be made available to the public through electronic means; and
(c) as part of the agency's information technology plan required by Section [
63F-1-204
]
63A-16-203
, report on the progress of compliance with Subsections (1) through (3).
(4) Notwithstanding the other provisions of this part, a state governmental agency is
not required by this part to conduct a transaction electronically if:
(a) conducting the transaction electronically is not required by federal law; and
(b) conducting the transaction electronically is:
(i) impractical;
(ii) unreasonable; or
(iii) not permitted by laws pertaining to privacy or security.
(5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of
access to diverse services and agencies at one location including virtual colocation.
(b) State agencies that provide services or offer direct assistance to the business
community shall participate in the establishment, maintenance, and enhancement of an
integrated Utah business web portal known as Business.utah.gov. The purpose of the business
web portal is to provide "one-stop shop" assistance to businesses.
(c) State agencies shall partner with other governmental and nonprofit agencies whose
primary mission is to provide services or offer direct assistance to the business community in
Utah in fulfilling the requirements of this section.
(d) The following state entities shall comply with the provisions of this Subsection (5):
(i) Governor's Office of Economic Development, which shall serve as the managing
partner for the website;
(ii) Department of Workforce Services;
(iii) Department of Commerce;
(iv) Tax Commission;
(v) Department of [
Administrative Services
] 
Government Operations
 - Division of
Purchasing and General Services, including other state agencies operating under a grant of
authority from the division to procure goods and services in excess of $5,000;
(vi) Department of Agriculture;
(vii) Department of Natural Resources; and
(viii) other state agencies that provide services or offer direct assistance to the business
sector.
(e) The business services available on the business web portal may include:
(i) business life cycle information;
(ii) business searches;
(iii) employment needs and opportunities;
(iv) motor vehicle registration;
(v) permit applications and renewal;
(vi) tax information;
(vii) government procurement bid notifications;
(viii) general business information;
(ix) business directories; and
(x) business news.
Section 17. Section 
46-5-102
 is amended to read:
46-5-102.
Definitions.
In this chapter:
(1) "Electronic" means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
(2) "Legal material" means, whether or not in effect:
(a) the Utah Constitution;
(b) the Laws of Utah;
(c) the Utah Code;
(d) the Utah Administrative Code; or
(e) the Utah State Bulletin.
(3) "Official publisher" means:
(a) for the Utah Constitution, the Office of Legislative Research and General Counsel;
(b) for the Laws of Utah, the Office of Legislative Research and General Counsel;
(c) for the Utah Code, the Office of Legislative Research and General Counsel;
(d) for the Utah Administrative Code, the Office of Administrative Rules created in
Section 
63G-3-401
 within the Department of [
Administrative Services
] 
Government
Operations
; or
(e) for the Utah State Bulletin, the Office of Administrative Rules.
(4) "Publish" means to display, present, or release to the public, or cause to be
displayed, presented, or released to the public, by the official publisher.
(5) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
Section 18. Section 
49-11-406
 is amended to read:
49-11-406.
Governor's appointed executives and senior staff -- Appointed
legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
(1) As used in this section:
(a) "Defined benefit balance" means the total amount of the contributions made on
behalf of a member to a defined benefit system plus refund interest.
(b) "Senior staff" means an at-will employee who reports directly to an elected official,
executive director, or director and includes a deputy director and other similar, at-will
employee positions designated by the governor, the speaker of the House, or the president of
the Senate and filed with the [
Department
] 
Division
 of Human Resource Management and the
Utah State Retirement Office.
(2) In accordance with this section and subject to requirements under federal law and
rules made by the board, a member who has service credit from a system may elect to be
exempt from coverage under a defined benefit system and to have the member's defined benefit
balance transferred from the defined benefit system or plan to a defined contribution plan in the
member's own name if the member is:
(a) the state auditor;
(b) the state treasurer;
(c) an appointed executive under Subsection 
67-22-2
(1)(a);
(d) an employee in the Governor's Office;
(e) senior staff in the Governor's Office of Management and Budget;
(f) senior staff in the Governor's Office of Economic Development;
(g) senior staff in the Commission on Criminal and Juvenile Justice;
(h) a legislative employee appointed under Subsection 
36-12-7
(3)(a);
(i) a legislative employee appointed by the speaker of the House of Representatives, the
House of Representatives minority leader, the president of the Senate, or the Senate minority
leader; or
(j) senior staff of the Utah Science Technology and Research Initiative created under
Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
(3) An election made under Subsection (2):
(a) is final, and no right exists to make any further election;
(b) is considered a request to be exempt from coverage under a defined benefits
system; and
(c) shall be made on forms provided by the office.
(4) The board shall adopt rules to implement and administer this section.
Section 19. Section 
49-14-201
 is amended to read:
49-14-201.
System membership -- Eligibility.
(1) Except as provided in Section 
49-15-201
, a public safety service employee of a
participating employer participating in this system is eligible for service credit in this system at
the earliest of:
(a) July 1, 1969, if the public safety service employee was employed by the
participating employer on July 1, 1969, and the participating employer was participating in this
system on that date;
(b) the date the participating employer begins participating in this system if the public
safety service employee was employed by the participating employer on that date; or
(c) the date the public safety service employee is employed by the participating
employer and is eligible to perform public safety service, except that a public safety service
employee initially entering employment with a participating employer on or after July 1, 2011,
who does not have service credit accrued before July 1, 2011, in a Tier I system or plan
administered by the board, may not participate in this system.
(2) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(3) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(4) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (4)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(5) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(6) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(7) A public safety employee who is transferred or promoted to an administration
position requiring the performance of duties that consist primarily of management or
supervision of public safety service employees shall continue to earn public safety service
credit in this system as long as the employee remains employed in the same department.
(8) An employee of the Department of Corrections shall continue to earn public safety
service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees
hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system prior to July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
(9) An employee who is reassigned to the [
Department
] 
Division
 of Technology
Services or to the [
Department
] 
Division
 of Human Resource Management, and who was a
member of this system, is entitled to remain a member of this system.
(10) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) except for a dispatcher, place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-6-303
, 
53-13-103
, 
53-13-104
, or
53-13-105
.
(b) If a position satisfies the requirements of Subsection (10)(a), the office and the
Peace Officer Standards and Training Council shall consider whether or not the position
requires the employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(11) If a subcommittee is used to recommend the determination of disputes to the
Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection (10) in making its recommendation.
(12) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
(13) Except as provided under Subsection (14), if a participating employer's public
safety service employees are not covered by this system or under Chapter 15, Public Safety
Noncontributory Retirement Act, as of January 1, 1998, those public safety service employees
who may otherwise qualify for membership in this system shall, at the discretion of the
participating employer, remain in their current retirement system.
(14) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (13), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (14)(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) documented by written notice to the participating employer; and
(iii) is irrevocable.
(15) (a) Subject to Subsection (16), beginning July 1, 2015, a public safety service
employee who is a dispatcher employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover its dispatchers under this
system.
(b) A participating employer's election to cover its dispatchers under this system under
Subsection (15)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
governing body of the participating employer in accordance with rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (15)(b), is not eligible for service credit in this
system.
(16) Notwithstanding any other provision of this section, a person initially entering
employment with a participating employer on or after July 1, 2011, who does not have service
credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
not participate in this system.
Section 20. Section 
49-15-201
 is amended to read:
49-15-201.
System membership -- Eligibility.
(1) (a) A public safety service employee employed by the state after July 1, 1989, but
before July 1, 2011, is eligible for service credit in this system.
(b) A public safety service employee employed by the state prior to July 1, 1989, may
either elect to receive service credit in this system or continue to receive service credit under
the system established under Chapter 14, Public Safety Contributory Retirement Act, by
following the procedures established by the board under this chapter.
(2) (a) Public safety service employees of a participating employer other than the state
that elected on or before July 1, 1989, to remain in the Public Safety Contributory Retirement
System shall be eligible only for service credit in that system.
(b) (i) A participating employer other than the state that elected on or before July 1,
1989, to participate in this system shall, have allowed, prior to July 1, 1989, a public safety
service employee to elect to participate in either this system or the Public Safety Contributory
Retirement System.
(ii) Except as expressly allowed by this title, the election of the public safety service
employee is final and may not be changed.
(c) A public safety service employee hired by a participating employer other than the
state after July 1, 1989, but before July 1, 2011, shall become a member in this system.
(d) A public safety service employee of a participating employer other than the state
who began participation in this system after July 1, 1989, but before July 1, 2011, is only
eligible for service credit in this system.
(e) A person initially entering employment with a participating employer on or after
July 1, 2011, who does not have service credit accrued before July 1, 2011, in a Tier I system
or plan administered by the board, may not participate in this system.
(3) (a) (i) A participating employer that has public safety service and firefighter service
employees that require cross-training and duty shall enroll those dual purpose employees in the
system in which the greatest amount of time is actually worked.
(ii) The employees shall either be full-time public safety service or full-time firefighter
service employees of the participating employer.
(b) (i) Prior to transferring a dual purpose employee from one system to another, the
participating employer shall receive written permission from the office.
(ii) The office may request documentation to verify the appropriateness of the transfer.
(4) The board may combine or segregate the actuarial experience of participating
employers in this system for the purpose of setting contribution rates.
(5) (a) (i) Each participating employer participating in this system shall annually
submit to the office a schedule indicating the positions to be covered under this system in
accordance with this chapter.
(ii) The office may require documentation to justify the inclusion of any position under
this system.
(b) If there is a dispute between the office and a participating employer or employee
over any position to be covered, the disputed position shall be submitted to the Peace Officer
Standards and Training Council established under Section 
53-6-106
 for determination.
(c) (i) The Peace Officer Standards and Training Council's authority to decide
eligibility for public safety service credit is limited to claims for coverage under this system for
time periods after July 1, 1989.
(ii) A decision of the Peace Officer Standards and Training Council may not be applied
to service credit earned in another system prior to July 1, 1989.
(iii) Except as provided under Subsection (5)(c)(iv), a decision of the Peace Officer
Standards and Training Council granting a position coverage under this system may only be
applied prospectively from the date of that decision.
(iv) A decision of the Peace Officer Standards and Training Council granting a position
coverage under this system may be applied retroactively only if:
(A) the participating employer covered other similarly situated positions under this
system during the time period in question; and
(B) the position otherwise meets all eligibility requirements for receiving service credit
in this system during the period for which service credit is to be granted.
(6) The Peace Officer Standards and Training Council may use a subcommittee to
provide a recommendation to the council in determining disputes between the office and a
participating employer or employee over a position to be covered under this system.
(7) The Peace Officer Standards and Training Council shall comply with Title 63G,
Chapter 4, Administrative Procedures Act, in resolving coverage disputes in this system.
(8) A public safety service employee who is transferred or promoted to an
administration position requiring the performance of duties that consist primarily of
management or supervision of public safety service employees shall continue to earn public
safety service credit in this system as long as the employee remains employed in the same
department.
(9) An employee of the Department of Corrections shall continue to earn public safety
service credit in this system if:
(a) the employee's position is no longer covered under this system for new employees
hired on or after July 1, 2015; and
(b) the employee:
(i) remains employed by the Department of Corrections;
(ii) meets the eligibility requirements of this system;
(iii) was hired into a position covered by this system prior to July 1, 2015; and
(iv) has not had a break in service on or after July 1, 2015.
(10) Any employee who is reassigned to the [
Department
] 
Division
 of Technology
Services or to the [
Department
] 
Division
 of Human Resource Management, and who was a
member in this system, shall be entitled to remain a member in this system.
(11) (a) To determine that a position is covered under this system, the office and, if a
coverage dispute arises, the Peace Officer Standards and Training Council shall find that the
position requires the employee to:
(i) except for a dispatcher, place the employee's life or personal safety at risk; and
(ii) complete training as provided in Section 
53-6-303
, 
53-13-103
, 
53-13-104
, or
53-13-105
.
(b) If a position satisfies the requirements of Subsection (11)(a), the office and Peace
Officer Standards and Training Council shall consider whether the position requires the
employee to:
(i) perform duties that consist primarily of actively preventing or detecting crime and
enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
(ii) perform duties that consist primarily of providing community protection; and
(iii) respond to situations involving threats to public safety and make emergency
decisions affecting the lives and health of others.
(12) If a subcommittee is used to recommend the determination of disputes to the
Peace Officer Standards and Training Council, the subcommittee shall comply with the
requirements of Subsection (11) in making its recommendation.
(13) A final order of the Peace Officer Standards and Training Council regarding a
dispute is a final agency action for purposes of Title 63G, Chapter 4, Administrative
Procedures Act.
(14) Except as provided under Subsection (15), if a participating employer's public
safety service employees are not covered by this system or under Chapter 14, Public Safety
Contributory Retirement Act, as of January 1, 1998, those public safety service employees who
may otherwise qualify for membership in this system shall, at the discretion of the participating
employer, remain in their current retirement system.
(15) (a) A public safety service employee employed by an airport police department,
which elects to cover its public safety service employees under the Public Safety
Noncontributory Retirement System under Subsection (14), may elect to remain in the public
safety service employee's current retirement system.
(b) The public safety service employee's election to remain in the current retirement
system under Subsection (15)(a):
(i) shall be made at the time the employer elects to move its public safety service
employees to a public safety retirement system;
(ii) shall be documented by written notice to the participating employer; and
(iii) is irrevocable.
(16) (a) Subject to Subsection (17), beginning July 1, 2015, a public safety service
employee who is a dispatcher employed by:
(i) the state shall be eligible for service credit in this system; and
(ii) a participating employer other than the state shall be eligible for service credit in
this system if the dispatcher's participating employer elects to cover its dispatchers under this
system.
(b) A participating employer's election to cover its dispatchers under this system under
Subsection (16)(a)(ii) is irrevocable and shall be documented by a resolution adopted by the
governing body of the participating employer in accordance with rules made by the office.
(c) A dispatcher's service before July 1, 2015, or before a date specified by resolution
of a participating employer under Subsection (16)(b), is not eligible for service credit in this
system.
(17) Notwithstanding any other provision of this section, a person initially entering
employment with a participating employer on or after July 1, 2011, who does not have service
credit accrued before July 1, 2011, in a Tier I system or plan administered by the board, may
not participate in this system.
Section 21. Section 
49-20-401
 is amended to read:
49-20-401.
Program -- Powers and duties.
(1) The program shall:
(a) act as a self-insurer of employee benefit plans and administer those plans;
(b) enter into contracts with private insurers or carriers to underwrite employee benefit
plans as considered appropriate by the program;
(c) indemnify employee benefit plans or purchase commercial reinsurance as
considered appropriate by the program;
(d) provide descriptions of all employee benefit plans under this chapter in cooperation
with covered employers;
(e) process claims for all employee benefit plans under this chapter or enter into
contracts, after competitive bids are taken, with other benefit administrators to provide for the
administration of the claims process;
(f) obtain an annual actuarial review of all health and dental benefit plans and a
periodic review of all other employee benefit plans;
(g) consult with the covered employers to evaluate employee benefit plans and develop
recommendations for benefit changes;
(h) annually submit a budget and audited financial statements to the governor and
Legislature which includes total projected benefit costs and administrative costs;
(i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
liabilities of the employee benefit plans as certified by the program's consulting actuary;
(j) submit, in advance, its recommended benefit adjustments for state employees to:
(i) the Legislature; and
(ii) the [
executive
] director of the state [
Department
] 
Division
 of Human Resource
Management;
(k) determine benefits and rates, upon approval of the board, for multi-employer risk
pools, retiree coverage, and conversion coverage;
(l) determine benefits and rates based on the total estimated costs and the employee
premium share established by the Legislature, upon approval of the board, for state employees;
(m) administer benefits and rates, upon ratification of the board, for single-employer
risk pools;
(n) request proposals for provider networks or health and dental benefit plans
administered by third-party carriers at least once every three years for the purposes of:
(i) stimulating competition for the benefit of covered individuals;
(ii) establishing better geographical distribution of medical care services; and
(iii) providing coverage for both active and retired covered individuals;
(o) offer proposals which meet the criteria specified in a request for proposals and
accepted by the program to active and retired state covered individuals and which may be
offered to active and retired covered individuals of other covered employers at the option of the
covered employer;
(p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for
the Department of Health if the program provides program benefits to children enrolled in the
Utah Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's
Health Insurance Act;
(q) establish rules and procedures governing the admission of political subdivisions or
educational institutions and their employees to the program;
(r) contract directly with medical providers to provide services for covered individuals;
(s) take additional actions necessary or appropriate to carry out the purposes of this
chapter;
(t) (i) require state employees and their dependents to participate in the electronic
exchange of clinical health records in accordance with Section 
26-1-37
 unless the enrollee opts
out of participation; and
(ii) prior to enrolling the state employee, each time the state employee logs onto the
program's website, and each time the enrollee receives written enrollment information from the
program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
of clinical health records and the option to opt out of participation at any time; and
(u) at the request of a procurement unit, as that term is defined in Section 
63G-6a-103
,
that administers benefits to program recipients who are not covered by Title 26, Utah Health
Code, provide services for:
(i) drugs;
(ii) medical devices; or
(iii) other types of medical care.
(2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
employers and covered individuals.
(b) Administrative costs shall be approved by the board and reported to the governor
and the Legislature.
(3) The [
Department
] 
Division
 of Human Resource Management shall include the
benefit adjustments described in Subsection (1)(j) in the total compensation plan recommended
to the governor required under Subsection [
67-19-12
] 
63A-17-307
(5)(a).
Section 22. Section 
49-20-410
 is amended to read:
49-20-410.
High deductible health plan -- Health savings account --
Contributions.
(1) (a) In addition to other employee benefit plans offered under Subsection
49-20-201
(1), the office shall offer at least one federally qualified high deductible health plan
with a health savings account as an optional health plan.
(b) The provisions and limitations of the plan shall be:
(i) determined by the office in accordance with federal requirements and limitations;
and
(ii) designed to promote appropriate health care utilization by consumers, including
preventive health care services.
(c) A state employee hired on or after July 1, 2011, who is offered a plan under
Subsection 
49-20-202
(1)(a), shall be enrolled in a federally qualified high deductible health
plan unless the employee chooses a different health benefit plan during the employee's open
enrollment period.
(2) The office shall:
(a) administer the high deductible health plan in coordination with a health savings
account for medical expenses for each covered individual in the high deductible health plan;
(b) offer to all employees training regarding all health plans offered to employees;
(c) prepare online training as an option for the training required by Subsections (2)(b)
and (4);
(d) ensure the training offered under Subsections (2)(b) and (c) includes information on
changing coverages to the high deductible plan with a health savings account, including
coordination of benefits with other insurances, restrictions on other insurance coverages, and
general tax implications; and
(e) coordinate annual open enrollment with the [
Department
] 
Division
 of Human
Resource Management to give state employees the opportunity to affirmatively select
preferences from among insurance coverage options.
(3) (a) Contributions to the health savings account may be made by the employer.
(b) The amount of the employer contributions under Subsection (3)(a) shall be
determined annually by the office, after consultation with the [
Department
] 
Division
 of Human
Resource Management and the Governor's Office of Management and Budget so that the
annual employer contribution amount is not less than the difference in the actuarial value
between the program's health maintenance organization coverage and the federally qualified
high deductible health plan coverage, after taking into account any difference in employee
premium contribution.
(c) The office shall distribute the annual amount determined under Subsection (3)(b) to
employees in two equal amounts with a pay date in January and a pay date in July of each plan
year.
(d) An employee may also make contributions to the health savings account.
(e) If an employee is ineligible for a contribution to a health savings account under
federal law and would otherwise be eligible for the contribution under Subsection (3)(a), the
contribution shall be distributed into a health reimbursement account or other tax-advantaged
arrangement authorized under the Internal Revenue Code for the benefit of the employee.
(4) (a) An employer participating in a plan offered under Subsection 
49-20-202
(1)(a)
shall require each employee to complete training on the health plan options available to the
employee.
(b) The training required by Subsection (4)(a):
(i) shall include materials prepared by the office under Subsection (2);
(ii) may be completed online; and
(iii) shall be completed:
(A) before the end of the 2012 open enrollment period for current enrollees in the
program; and
(B) for employees hired on or after July 1, 2011, before the employee's selection of a
plan in the program.
Section 23. Section 
53-1-106
 is amended to read:
53-1-106.
Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
Code, including:
(i) setting performance standards for towing companies to be used by the department,
as required by Section 
41-6a-1406
; and
(ii) advising the Department of Transportation regarding the safe design and operation
of school buses, as required by Section 
41-6a-1304
;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 
31A-19a-211
;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the [
Department
] 
Division
 of Technology Services to formulate
contracts, establish priorities, and develop funding mechanisms for dispatch and
telecommunications operations;
(e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
Victims of Crime in conducting research or monitoring victims' programs, as required by
Section 
63M-7-505
;
(f) develop sexual assault exam protocol standards in conjunction with the Utah
Hospital Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning
and Community Right to Know Act of 1986, as required by Section 
53-2a-702
;
(h) implement the provisions of Section 
53-2a-402
, the Emergency Management
Assistance Compact;
(i) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i) support training with relevant state agencies for school resource officers as
described in Section 
53G-8-702
;
(ii) coordinate the creation of model policies and memorandums of understanding for a
local education agency and a local law enforcement agency; and
(iii) ensure cooperation between relevant state agencies, a local education agency, and
a local law enforcement agency to foster compliance with disciplinary related statutory
provisions, including Sections 
53E-3-516
 and 
53G-8-211
.
(2) (a) The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3) The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section 
26-28-120
.
Section 24. Section 
53-2a-105
 is amended to read:
53-2a-105.
Emergency Management Administration Council created -- Function
-- Composition -- Expenses.
(1) There is created the Emergency Management Administration Council to provide
advice and coordination for state and local government agencies on government emergency
prevention, mitigation, preparedness, response, and recovery actions and activities.
(2) The council shall meet at the call of the chair, but at least semiannually.
(3) The council shall be made up of the:
(a) lieutenant governor, or the lieutenant governor's designee;
(b) attorney general, or the attorney general's designee;
(c) heads of the following state agencies, or their designees:
(i) Department of Public Safety;
(ii) Division of Emergency Management;
(iii) Department of Transportation;
(iv) Department of Health;
(v) Department of Environmental Quality;
(vi) Department of Workforce Services;
(vii) Department of Natural Resources;
(viii) Department of Agriculture and Food;
(ix) [
Department
] 
Division
 of Technology Services; and
(x) Division of Indian Affairs;
(d) adjutant general of the National Guard or the adjutant general's designee;
(e) statewide interoperability coordinator of the Utah Communications Authority or the
coordinator's designee;
(f) two representatives with expertise in emergency management appointed by the Utah
League of Cities and Towns;
(g) two representatives with expertise in emergency management appointed by the
Utah Association of Counties;
(h) up to four additional members with expertise in emergency management, critical
infrastructure, or key resources as these terms are defined under 6 U.S. Code Section 101
appointed from the private sector, by the co-chairs of the council;
(i) two representatives appointed by the Utah Emergency Management Association;
(j) one representative from the Urban Area Working Group, appointed by the council
co-chairs;
(k) one representative from education, appointed by the council co-chairs; and
(l) one representative from a volunteer or faith-based organization, appointed by the
council co-chairs.
(4) The commissioner and the lieutenant governor shall serve as co-chairs of the
council.
(5) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(6) The council shall coordinate with existing emergency management related entities
including:
(a) the Emergency Management Regional Committees established by the Department
of Public Safety;
(b) the Statewide Mutual Aid Committee established under Section 
53-2a-303
; and
(c) the Hazardous Chemical Emergency Response Commission designated under
Section 
53-2a-703
.
(7) The council may appoint additional members or establish other committees and
task forces as determined necessary by the council to carry out the duties of the council.
Section 25. Section 
53-2a-802
 is amended to read:
53-2a-802.
Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Department" means the Department of [
Administrative Services
] 
Government
Operations
, the Department of Agriculture and Food, the Alcoholic Beverage Control
Commission, the Department of Commerce, the Department of Heritage and Arts, the
Department of Corrections, the Department of Environmental Quality, the Department of
Financial Institutions, the Department of Health, [
the Department of Human Resource
Management,
] the Department of Workforce Services, the Labor Commission, the National
Guard, the Department of Insurance, the Department of Natural Resources, the Department of
Public Safety, the Public Service Commission, the Department of Human Services, the State
Tax Commission, [
the Department of Technology Services,
] the Department of Transportation,
any other major administrative subdivisions of state government, the State Board of Education,
the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement
Board, and each institution of higher education within the system of higher education.
(3) "Division" means the Division of Emergency Management established in Title 53,
Chapter 2a, Part 1, Emergency Management Act.
(4) "Emergency interim successor" means a person designated by this part to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(5) "Executive director" means the person with ultimate responsibility for managing
and overseeing the operations of each department, however denominated.
(6) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(7) "Place of governance" means the physical location where the powers of an office
are being exercised.
(8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(9) "Political subdivision officer" means a person holding an office in a political
subdivision.
(10) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(11) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 26. Section 
53-6-104
 is amended to read:
53-6-104.
Appointment of director of division -- Qualifications -- Appointment of
employees -- Term of office -- Compensation.
(1) The commissioner, upon recommendation of the council and with the approval of
the governor, shall appoint a director of the division.
(2) The director is the executive and administrative head of the division and shall be
experienced in administration and possess additional qualifications as determined by the
commissioner and as provided by law.
(3) The director shall be a full-time officer of the state.
(4) The director may appoint deputies, consultants, clerks, and other employees from
eligibility lists authorized by the [
Department
] 
Division
 of Human Resource Management.
(5) The director may be removed from his position at the will of the commissioner.
(6) The director shall receive compensation as provided by Title [
] 
63A
, Chapter
[
] 
, Utah State Personnel Management Act.
Section 27. Section 
53-10-108
 is amended to read:
53-10-108.
Restrictions on access, use, and contents of division records -- Limited
use of records for employment purposes -- Challenging accuracy of records -- Usage fees
-- Missing children records -- Penalty for misuse of records.
(1) As used in this section:
(a) "FBI Rap Back System" means the rap back system maintained by the Federal
Bureau of Investigation.
(b) "Rap back system" means a system that enables authorized entities to receive
ongoing status notifications of any criminal history reported on individuals whose fingerprints
are registered in the system.
(c) "WIN Database" means the Western Identification Network Database that consists
of eight western states sharing one electronic fingerprint database.
(2) Dissemination of information from a criminal history record, including information
obtained from a fingerprint background check, name check, warrant of arrest information, or
information from division files, is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and for
employment screening by criminal justice agencies;
(b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
agency to provide services required for the administration of criminal justice;
(ii) the agreement shall specifically authorize access to data, limit the use of the data to
purposes for which given, and ensure the security and confidentiality of the data;
(c) a qualifying entity for employment background checks for their own employees and
persons who have applied for employment with the qualifying entity;
(d) noncriminal justice agencies or individuals for any purpose authorized by statute,
executive order, court rule, court order, or local ordinance;
(e) agencies or individuals for the purpose of obtaining required clearances connected
with foreign travel or obtaining citizenship;
(f) agencies or individuals for the purpose of a preplacement adoptive study, in
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
;
(g) private security agencies through guidelines established by the commissioner for
employment background checks for their own employees and prospective employees;
(h) state agencies for the purpose of conducting a background check for the following
individuals:
(i) employees;
(ii) applicants for employment;
(iii) volunteers; and
(iv) contract employees;
(i) governor's office for the purpose of conducting a background check on the
following individuals:
(i) cabinet members;
(ii) judicial applicants; and
(iii) members of boards, committees, and commissions appointed by the governor;
(j) the office of the lieutenant governor for the purpose of conducting a background
check on an individual applying to be a notary public under Section 
46-1-3[
.
]
;
(k) agencies and individuals as the commissioner authorizes for the express purpose of
research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
agency; and
(l) other agencies and individuals as the commissioner authorizes and finds necessary
for protection of life and property and for offender identification, apprehension, and
prosecution pursuant to an agreement.
(3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
individuals to whom the information relates, and ensure the confidentiality and security of the
data.
(4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
signed waiver from the person whose information is requested.
(b) The waiver shall notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
justice name based background check of local databases to the bureau shall provide to the
bureau:
(i) personal identifying information for the subject of the background check; and
(ii) the fee required by Subsection (15).
(d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (g) that submits a request for a WIN
database check and a nationwide background check shall provide to the bureau:
(i) personal identifying information for the subject of the background check;
(ii) a fingerprint card for the subject of the background check; and
(iii) the fee required by Subsection (15).
(e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
other agency or individual described in Subsections (2)(d) through (j) may only be:
(i) available to individuals involved in the hiring or background investigation of the job
applicant, employee, or notary applicant;
(ii) used for the purpose of assisting in making an employment appointment, selection,
or promotion decision or for considering a notary applicant under Section 
46-1-3
; and
(iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
(4)(b).
(f) An individual who disseminates or uses information obtained from the division
under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
(4)(e), in addition to any penalties provided under this section, is subject to civil liability.
(g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (j) that obtains background check
information shall provide the subject of the background check an opportunity to:
(i) review the information received as provided under Subsection (9); and
(ii) respond to any information received.
(h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to implement this Subsection (4).
(i) The division or its employees are not liable for defamation, invasion of privacy,
negligence, or any other claim in connection with the contents of information disseminated
under Subsections (2)(c) through (j).
(5) (a) Any criminal history record information obtained from division files may be
used only for the purposes for which it was provided and may not be further disseminated,
except under Subsection (5)(b), (c), or (d).
(b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
provided by the agency to the individual who is the subject of the history, another licensed
child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
adoption.
(c) A criminal history of a defendant provided to a criminal justice agency under
Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
upon request during the discovery process, for the purpose of establishing a defense in a
criminal case.
(d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, that is under contract with a state agency to provide services may, for the
purposes of complying with Subsection 
62A-5-103.5
(5), provide a criminal history record to
the state agency or the agency's designee.
(6) The division may not disseminate criminal history record information to qualifying
entities under Subsection (2)(c) regarding employment background checks if the information is
related to charges:
(a) that have been declined for prosecution;
(b) that have been dismissed; or
(c) regarding which a person has been acquitted.
(7) (a) This section does not preclude the use of the division's central computing
facilities for the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed by
unauthorized agencies or individuals.
(8) Direct access through remote computer terminals to criminal history record
information in the division's files is limited to those agencies authorized by the commissioner
under procedures designed to prevent unauthorized access to this information.
(9) (a) The commissioner shall establish procedures to allow an individual right of
access to review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of the
individual's criminal history report under Subsection (9)(a) shall be set in accordance with
Section 
63J-1-504
.
(c) (i) The commissioner shall establish procedures for an individual to challenge the
completeness and accuracy of criminal history record information contained in the division's
computerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to
be inaccurate or incomplete.
(10) The private security agencies as provided in Subsection (2)(g):
(a) shall be charged for access; and
(b) shall be registered with the division according to rules made by the division under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) Before providing information requested under this section, the division shall give
priority to criminal justice agencies needs.
(12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created, maintained, or to which access is granted by the
division or any information contained in a record created, maintained, or to which access is
granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained, or to which access is granted by the division shall inform the
commissioner and the director of the Utah Bureau of Criminal Identification of the
unauthorized use.
(13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
Subsection (2) may request that the division register fingerprints taken for the purpose of
conducting current and future criminal background checks under this section with:
(i) the WIN Database rap back system, or any successor system;
(ii) the FBI Rap Back System; or
(iii) a system maintained by the division.
(b) A qualifying entity or an entity described in Subsection (2) may only make a
request under Subsection (13)(a) if the entity:
(i) has the authority through state or federal statute or federal executive order;
(ii) obtains a signed waiver from the individual whose fingerprints are being registered;
and
(iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
notifications for individuals with whom the entity maintains an authorizing relationship.
(14) The division is authorized to submit fingerprints to the FBI Rap Back System to
be retained in the FBI Rap Back System for the purpose of being searched by future
submissions to the FBI Rap Back System, including latent fingerprint searches.
(15) (a) The division shall impose fees set in accordance with Section 
63J-1-504
 for
the applicant fingerprint card, name check, and to register fingerprints under Subsection
(13)(a).
(b) Funds generated under this Subsection (15) shall be deposited into the General
Fund as a dedicated credit by the department to cover the costs incurred in providing the
information.
(c) The division may collect fees charged by an outside agency for services required
under this section.
(16) For the purposes of conducting a criminal background check authorized under
Subsection (2)(h),(i), or (j), the [
Department
] 
Division
 of Human Resource Management, in
accordance with Title [
67, Chapter 19
] 
63A, Chapter 17
, Utah State Personnel Management
Act, and the governor's office shall have direct access to criminal background information
maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
Section 28. Section 
53B-17-105
 is amended to read:
53B-17-105.
 Utah Education and Telehealth Network.
(1) There is created the Utah Education and Telehealth Network, or UETN.
(2) UETN shall:
(a) coordinate and support the telecommunications needs of public and higher
education, public libraries, and entities affiliated with the state systems of public and higher
education as approved by the Utah Education and Telehealth Network Board, including the
statewide development and implementation of a network for education, which utilizes satellite,
microwave, fiber-optic, broadcast, and other transmission media;
(b) coordinate the various telecommunications technology initiatives of public and
higher education;
(c) provide high-quality, cost-effective Internet access and appropriate interface
equipment for schools and school systems;
(d) procure, install, and maintain telecommunication services and equipment on behalf
of public and higher education;
(e) develop or implement other programs or services for the delivery of distance
learning and telehealth services as directed by law;
(f) apply for state and federal funding on behalf of:
(i) public and higher education; and
(ii) telehealth services;
(g) in consultation with health care providers from a variety of health care systems,
explore and encourage the development of telehealth services as a means of reducing health
care costs and increasing health care quality and access, with emphasis on assisting rural health
care providers and special populations; and
(h) in consultation with the Utah Department of Health, advise the governor and the
Legislature on:
(i) the role of telehealth in the state;
(ii) the policy issues related to telehealth;
(iii) the changing telehealth needs and resources in the state; and
(iv) state budgetary matters related to telehealth.
(3) In performing the duties under Subsection (2), UETN shall:
(a) provide services to schools, school districts, and the public and higher education
systems through an open and competitive bidding process;
(b) work with the private sector to deliver high-quality, cost-effective services;
(c) avoid duplicating facilities, equipment, or services of private providers or public
telecommunications service, as defined under Section 
54-8b-2
;
(d) utilize statewide economic development criteria in the design and implementation
of the educational telecommunications infrastructure; and
(e) assure that public service entities, such as educators, public service providers, and
public broadcasters, are provided access to the telecommunications infrastructure developed in
the state.
(4) The University of Utah shall provide administrative support for UETN.
(5) (a) The Utah Education and Telehealth Network Board, which is the governing
board for UETN, is created.
(b) The Utah Education and Telehealth Network Board shall have 13 members as
follows:
(i) five members representing the state system of higher education, of which at least one
member represents technical colleges, appointed by the commissioner of higher education;
(ii) four members representing the state system of public education appointed by the
State Board of Education;
(iii) one member representing the state library appointed by the state librarian;
(iv) two members representing hospitals as follows:
(A) the members may not be employed by the same hospital system;
(B) one member shall represent a rural hospital;
(C) one member shall represent an urban hospital; and
(D) the chief administrator or the administrator's designee for each hospital licensed in
this state shall select the two hospital representatives; and
(v) one member representing the office of the governor, appointed by the governor.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) (i) The board shall elect a chair.
(ii) The chair shall set the agenda for the board meetings.
(6) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The board:
(a) shall hire an executive director for UETN who may hire staff for UETN as
permitted by the budget;
(b) may terminate the executive director's employment or assignment;
(c) shall determine the executive director's salary;
(d) shall annually conduct a performance evaluation of the executive director;
(e) shall establish policies the board determines are necessary for the operation of
UETN and the administration of UETN's duties; and
(f) shall advise UETN in:
(i) the development and operation of a coordinated, statewide, multi-option
telecommunications system to assist in the delivery of educational services and telehealth
services throughout the state; and
(ii) acquiring, producing, and distributing instructional content.
(8) The executive director of UETN shall be an at-will employee.
(9) UETN shall locate and maintain educational and telehealth telecommunication
infrastructure throughout the state.
(10) Educational institutions shall manage site operations under policy established by
UETN.
(11) Subject to future budget constraints, the Legislature shall provide an annual
appropriation to operate UETN.
(12) If the network operated by the [
Department
] 
Division
 of Technology Services is
not available, UETN may provide network connections to the central administration of counties
and municipalities for the sole purpose of transferring data to a secure facility for backup and
disaster recovery.
Section 29. Section 
53C-1-201
 is amended to read:
53C-1-201.
Creation of administration -- Purpose -- Director -- Participation in
Risk Management Fund -- Closed meetings.
(1) (a) There is established within state government the School and Institutional Trust
Lands Administration.
(b) The administration shall manage all school and institutional trust lands and assets
within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
Management Act.
(2) The administration is an independent state agency and not a division of any other
department.
(3) (a) The administration is subject to the usual legislative and executive department
controls except as provided in this Subsection (3).
(b) (i) The director may make rules as approved by the board that allow the
administration to classify a business proposal submitted to the administration as protected
under Section 
63G-2-305
, for as long as is necessary to evaluate the proposal.
(ii) The administration shall return the proposal to the party who submitted the
proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
and Management Act, if the administration determines not to proceed with the proposal.
(iii) The administration shall classify the proposal pursuant to law if the administration
decides to proceed with the proposal.
(iv) Section 
63G-2-403
 does not apply during the review period.
(c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, except that the administration is not subject to Subsections
63G-3-301
(5), (6), (7), and (13) and Section 
63G-3-601
, and the director, with the board's
approval, may establish a procedure for the expedited approval of rules, based on written
findings by the director showing:
(i) the changes in business opportunities affecting the assets of the trust;
(ii) the specific business opportunity arising out of those changes which may be lost
without the rule or changes to the rule;
(iii) the reasons the normal procedures under Section 
63G-3-301
 cannot be met without
causing the loss of the specific opportunity;
(iv) approval by at least five board members; and
(v) that the director has filed a copy of the rule and a rule analysis, stating the specific
reasons and justifications for the director's findings, with the Office of Administrative Rules
and notified interested parties as provided in Subsection 
63G-3-301
(10).
(d) (i) The administration shall comply with Title [
] 
63A
, Chapter [
] 
, Utah
State Personnel Management Act, except as provided in this Subsection (3)(d).
(ii) (A) The board may approve, upon recommendation of the director, that exemption
for specific positions under Subsections [
67-19-12
(2) and 
67-19-15
(1)
] 
63A-17-301
(1) and
63A-17-307
(2)
 is required in order to enable the administration to efficiently fulfill the
administration's responsibilities under the law.
(B) The director shall consult with the [
executive
] director of the [
Department
]
Division
 of Human Resource Management before making a recommendation under Subsection
(3)(d)(ii)(A).
(iii) The positions of director, deputy director, associate director, assistant director,
legal counsel appointed under Section 
53C-1-305
, administrative assistant, and public affairs
officer are exempt under Subsections [
67-19-12
(2) and 
67-19-15
(1)
] 
63A-17-301
(1) and
63A-17-307
(2)
.
(iv) (A) The director shall set salaries for exempted positions, except for the director,
after consultation with the [
executive
] director of the [
Department
] 
Division
 of Human
Resource Management, within ranges approved by the board.
(B) The board and director shall consider salaries for similar positions in private
enterprise and other public employment when setting salary ranges.
(v) The board may create an annual incentive and bonus plan for the director and other
administration employees designated by the board, based upon the attainment of financial
performance goals and other measurable criteria defined and budgeted in advance by the board.
(e) The administration shall comply with:
(i) subject to Subsection (8), Title 52, Chapter 4, Open and Public Meetings Act;
(ii) Title 63G, Chapter 2, Government Records Access and Management Act; and
(iii) Title 63G, Chapter 6a, Utah Procurement Code, except where the board approves,
upon recommendation of the director, exemption from the Utah Procurement Code, and
simultaneous adoption of rules under Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, for procurement, that enable the administration to efficiently fulfill the administration's
responsibilities under the law.
(f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
the fee agency requirements of Section 
63J-1-504
.
(ii) The following fees of the administration are subject to Section 
63J-1-504
:
(A) application;
(B) assignment;
(C) amendment;
(D) affidavit for lost documents;
(E) name change;
(F) reinstatement;
(G) grazing nonuse;
(H) extension of time;
(I) partial conveyance;
(J) patent reissue;
(K) collateral assignment;
(L) electronic payment; and
(M) processing.
(g) (i) Notwithstanding Subsection 
63J-1-206
(2)(c), the administration may transfer
money between the administration's line items.
(ii) Before transferring appropriated money between line items, the administration shall
submit a proposal to the board for the board's approval.
(iii) If the board gives approval to a proposal to transfer appropriated money between
line items, the administration shall submit the proposal to the Legislative Executive
Appropriations Committee for the Legislative Executive Appropriations Committee's review
and recommendations.
(iv) The Legislative Executive Appropriations Committee may recommend:
(A) that the administration transfer the appropriated money between line items;
(B) that the administration not transfer the appropriated money between line items; or
(C) to the governor that the governor call a special session of the Legislature to
supplement the appropriated budget for the administration.
(4) The administration is managed by a director of school and institutional trust lands
appointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of the
administration and for the management of trust lands and assets.
(b) (i) The board shall provide policies for the ownership and control of Native
American remains that are discovered or excavated on school and institutional trust lands in
consultation with the Division of Indian Affairs and giving due consideration to Title 9,
Chapter 9, Part 4, Native American Grave Protection and Repatriation Act.
(ii) The director may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement policies provided by the board regarding Native
American remains.
(6) In connection with joint ventures and other transactions involving trust lands and
minerals approved under Sections 
53C-1-303
 and 
53C-2-401
, the administration, with board
approval, may become a member of a limited liability company under Title 48, Chapter 3a,
Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Section
48-3a-1405
 and is considered a person under Section 
48-3a-102
.
(7) Subject to Subsection 
63E-1-304
(2), the administration may participate in coverage
under the Risk Management Fund created by Section 
63A-4-201
.
(8) (a) Notwithstanding Subsection (3), Subsection 
52-4-204
(2) or 
52-4-205
(1), and in
addition to the reasons to close a meeting under Section 
52-4-205
, the board may hold a closed
meeting if two-thirds of the members present when a quorum is present vote to close the
meeting for the purpose of:
(i) conducting a strategy session to discuss market conditions relevant to the sale of
particular trust assets if the terms of the sale of any trust assets are publicly disclosed before the
board approves the sale and a public discussion would:
(A) disclose the appraisal or estimated value of the trust assets under consideration; or
(B) prevent the board from completing a contemplated transaction concerning the trust
assets on the best possible terms; or
(ii) conducting a strategy session to evaluate the terms of a joint venture or other
business arrangement authorized under Subsection 
53C-1-303
(3)(e) if the terms of the joint
venture or other business arrangement are publicly disclosed before the board approves the
transaction and a public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the trust assets under consideration; or
(B) prevent the board from completing the transaction concerning the joint venture or
other business arrangement on the best possible terms.
(b) The board shall comply with the procedural requirements for closing a meeting
under Title 52, Chapter 4, Open and Public Meetings Act.
Section 30. Section 
53D-1-103
 is amended to read:
53D-1-103.
Application of other law.
(1) The office, board, and nominating committee are subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63A, Chapter 1, Part 2, Utah Public Finance Website.
(2) Subject to Subsection 
63E-1-304
(2), the office may participate in coverage under
the Risk Management Fund, created in Section 
63A-4-201
.
(3) The office and board are subject to:
(a) Title 63G, Chapter 2, Government Records Access and Management Act, except
for records relating to investment activities; and
(b) Title 63G, Chapter 6a, Utah Procurement Code.
(4) (a) In making rules under this chapter, the director is subject to and shall comply
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, except as provided in
Subsection (4)(b).
(b) Subsections 
63G-3-301
(6) and (7) and Section 
63G-3-601
 do not apply to the
director's making of rules under this chapter.
(5) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to a board
member to the same extent as it applies to an employee, as defined in Section 
63G-7-102
.
(6) (a) A board member, the director, and an office employee or agent are subject to:
(i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; and
(ii) other requirements that the board establishes.
(b) In addition to any restrictions or requirements imposed under Subsection (6)(a), a
board member, the director, and an office employee or agent may not directly or indirectly
acquire an interest in the trust fund or receive any direct benefit from any transaction dealing
with trust fund money.
(7) (a) Except as provided in Subsection (7)(b), the office shall comply with Title [
]
63A
, Chapter [
] 
, Utah State Personnel Management Act.
(b) (i) Upon a recommendation from the director after the director's consultation with
the [
executive
] director of the [
Department
] 
Division
 of Human Resource Management, the
board may provide that specified positions in the office are exempt from Section [
67-19-12
]
63A-17-307
 and the career service provisions of Title [
] 
63A
, Chapter [
] 
, Utah State
Personnel Management Act, as provided in Subsection [
67-19-15
] 
63A-17-301
(1), if the board
determines that exemption is required for the office to fulfill efficiently its responsibilities
under this chapter.
(ii) The director position is exempt from Section [
67-19-12
] 
63A-17-307
 and the career
service provisions of Title [
] 
63A
, Chapter [
] 
, Utah State Personnel Management Act,
as provided in Subsection [
67-19-15
] 
63A-17-301
(1).
(iii) (A) After consultation with the [
executive
] director of the [
Department
] 
Division
of Human Resource Management, the director shall set salaries for positions that are exempted
under Subsection (7)(b)(i), within ranges that the board approves.
(B) In approving salary ranges for positions that are exempted under Subsection
(7)(b)(i), the board shall consider salaries for similar positions in private enterprise and other
public employment.
(8) The office is subject to legislative appropriation, to executive branch budgetary
review and recommendation, and to legislative and executive branch review.
Section 31. Section 
53E-8-301
 is amended to read:
53E-8-301.
Educators exempt from Division of Human Resource Management
rules -- Collective bargaining agreement.
(1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt
from mandatory compliance with rules of the [
Department
] 
Division
 of Human Resource
Management.
(2) The state board may enter into a collective bargaining agreement to establish
compensation and other personnel policies with educators employed by the Utah Schools for
the Deaf and the Blind to replace rules of the [
Department
] 
Division
 of Human Resource
Management.
(3) A collective bargaining agreement made under Subsection (2) is subject to the same
requirements that are imposed on local school boards by Section 
53G-11-202
.
Section 32. Section 
54-1-6
 is amended to read:
54-1-6.
Employment of staff -- Status and compensation -- Employees not to be
parties or witnesses and may not appeal commission decisions.
(1) The annual budget of the Public Service Commission shall provide sufficient funds
for the commission to hire, develop, and organize an advisory staff to assist the commission in
performing the powers, duties, and functions committed to it by statute.
(a) The commission may hire:
(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
professional and technical experts;
(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
administrative and support staff;
(iii) additional experts as required for a particular matter; and
(iv) administrative law judges, who shall be members of the Utah State Bar, and
constitute a separate organizational unit reporting directly to the commission.
(b) The commission may provide for funds in the annual budget to acquire suitable
electronic recording equipment to maintain a verbatim record of proceedings before the
commission, any commissioner, or any administrative law judge.
(2) (a) With the exception of clerical workers in nonconfidential positions, all staff of
the Public Service Commission are exempt employees under the State Personnel Management
Act and serve at the pleasure of the commission.
(b) Administrative law judges are exempt employees under the State Personnel
Management Act and may only be removed from office upon due notice and by a unanimous
vote of the commission.
(c) (i) The [
Department
] 
Division
 of Human Resource Management shall determine
pay schedules using standard techniques for determining compensation.
(ii) The [
Department
] 
Division
 of Human Resource Management may make [
its
] 
the
division's
 compensation determinations based upon compensation practices common to utility
companies throughout the United States.
(3) (a) The staff or other employees of the commission may not appear as parties or
witnesses in any proceeding before the commission, any commissioner, or any administrative
law judge.
(b) The staff or other employees of the commission may not appeal any finding, order,
or decision of the commission.
Section 33. Section 
54-4a-3
 is amended to read:
54-4a-3.
Budget of division -- Employment of personnel.
(1) The annual budget of the Division of Public Utilities shall provide sufficient funds
for the division to hire, develop, and organize a technical and professional staff to perform the
duties, powers, and responsibilities committed to it by statute.
(2) The division director may:
(a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law
clerks, and other technical and professional experts as may be required;
(b) retain additional experts as required for a particular matter, but only to the extent
that it is necessary to supplement division staff in order to fulfill its duties; and
(c) employ necessary administrative and support staff.
(3) (a) The [
Department
] 
Division
 of Human Resource Management shall determine
pay schedules using standard techniques for determining compensation.
(b) The [
Department
] 
Division
 of Human Resource Management may make [
its
] 
the
division's
 compensation determinations based upon compensation common to utility
companies throughout the United States.
Section 34. Section 
61-1-18
 is amended to read:
61-1-18.
Division of Securities established -- Director -- Investigators.
(1) (a) There is established within the Department of Commerce a Division of
Securities.
(b) The division is under the direction and control of a director. The executive director
shall appoint the director with the governor's approval.
(c) Subject to Section 
61-1-18.5
, the division shall administer and enforce this chapter.
(d) The director shall hold office at the pleasure of the governor.
(2) The director, with the approval of the executive director, may employ the staff
necessary to discharge the duties of the division or commission at salaries to be fixed by the
director according to standards established by the [
Department
] 
Division
 of Human Resource
Management.
(3) An investigator employed pursuant to Subsection (2) who meets the training
requirements of Subsection 
53-13-105
(3) may be designated a special function officer, as
defined in Section 
53-13-105
, by the director, but is not eligible for retirement benefits under
the Public Safety Employee's Retirement System.
Section 35. Section 
61-2-201
 is amended to read:
61-2-201.
Division of Real Estate created -- Director appointed -- Personnel.
(1) There is created within the department a Division of Real Estate. The division is
responsible for the administration and enforcement of:
(a) this chapter;
(b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;
(c) Title 57, Chapter 19, Timeshare and Camp Resort Act;
(d) Title 57, Chapter 23, Real Estate Cooperative Marketing Act;
(e) Title 57, Chapter 29, Undivided Fractionalized Long-term Estate Sales Practices
Act;
(f) Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;
(g) Chapter 2e, Appraisal Management Company Registration and Regulation Act;
(h) Chapter 2f, Real Estate Licensing and Practices Act; and
(i) Chapter 2g, Real Estate Appraiser Licensing and Certification Act.
(2) The division is under the direction and control of a director appointed by the
executive director of the department with the approval of the governor. The director holds the
office of director at the pleasure of the governor.
(3) The director, with the approval of the executive director, may employ personnel
necessary to discharge the duties of the division at salaries to be fixed by the director according
to standards established by the [
Department of Administrative Services
] 
Division of Human
Resource Management
.
Section 36. Section 
62A-1-121
 is amended to read:
62A-1-121.
Tracking effects of abuse of alcoholic products.
(1) There is created a committee within the department known as the "Alcohol Abuse
Tracking Committee" that consists of:
(a) the executive director or the executive director's designee;
(b) the executive director of the Department of Health or that executive director's
designee;
(c) the commissioner of the Department of Public Safety or the commissioner's
designee;
(d) the director of the Department of Alcoholic Beverage Control or that director's
designee;
(e) the executive director of the Department of Workforce Services or that executive
director's designee;
(f) the chair of the Utah Substance Use and Mental Health Advisory Council or the
chair's designee;
(g) the state court administrator or the state court administrator's designee; and
(h) the [
executive
] director of the [
Department
] 
Division
 of Technology Services or
that [
executive
] director's designee.
(2) The executive director or the executive director's designee shall chair the
committee.
(3) (a) Four members of the committee constitute a quorum.
(b) A vote of the majority of the committee members present when a quorum is present
is an action of the committee.
(4) The committee shall meet at the call of the chair, except that the chair shall call a
meeting at least twice a year:
(a) with one meeting held each year to develop the report required under Subsection
(7); and
(b) with one meeting held to review and finalize the report before the report is issued.
(5) The committee may adopt additional procedures or requirements for:
(a) voting, when there is a tie of the committee members;
(b) how meetings are to be called; and
(c) the frequency of meetings.
(6) The committee shall establish a process to collect for each calendar year the
following information:
(a) the number of individuals statewide who are convicted of, plead guilty to, plead no
contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
violation related to underage drinking of alcohol;
(b) the number of individuals statewide who are convicted of, plead guilty to, plead no
contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
violation related to driving under the influence of alcohol;
(c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
related to over-serving or over-consumption of an alcoholic product;
(d) the cost of social services provided by the state related to abuse of alcohol,
including services provided by the Division of Child and Family Services;
(e) the location where the alcoholic products that result in the violations or costs
described in Subsections (6)(a) through (d) are obtained; and
(f) any information the committee determines can be collected and relates to the abuse
of alcoholic products.
(7) The committee shall report the information collected under Subsection (6) annually
to the governor and the Legislature by no later than the July 1 immediately following the
calendar year for which the information is collected.
Section 37. Section 
62A-1-122
 is amended to read:
62A-1-122.
Child pornography.
(1) As used in this section:
(a) "Child pornography" means the same as that term is defined in Section 
76-5b-103
.
(b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
transfer of an image.
(2) The department or a division within the department may not retain child
pornography longer than is necessary to comply with the requirements of this section.
(3) When the department or a division within the department obtains child
pornography as a result of an employee unlawfully viewing child pornography, the department
or division shall consult with and follow the guidance of the [
Department
] 
Division
 of Human
Resource Management regarding personnel action and local law enforcement regarding
retention of the child pornography.
(4) When the department or a division within the department obtains child
pornography as a result of a report or an investigation, the department or division shall
immediately secure the child pornography, or the electronic device if the child pornography is
digital, and contact the law enforcement office that has jurisdiction over the area where the
division's case is located.
Section 38. Section 
62A-15-613
 is amended to read:
62A-15-613.
Appointment of superintendent -- Qualifications -- Powers and
responsibilities.
(1) The director, with the consent of the executive director, shall appoint a
superintendent of the state hospital, who shall hold office at the will of the director.
(2) The superintendent shall have a bachelor's degree from an accredited university or
college, be experienced in administration, and be knowledgeable in matters concerning mental
health.
(3) The superintendent has general responsibility for the buildings, grounds, and
property of the state hospital. The superintendent shall appoint, with the approval of the
director, as many employees as necessary for the efficient and economical care and
management of the state hospital, and shall fix the employees' compensation and administer
personnel functions according to the standards of the [
Department
] 
Division
 of Human
Resource Management.
Section 39. Section 
63A-1-101
 is amended to read:
TITLE 63A. UTAH GOVERNMENT OPERATIONS CODE
CHAPTER 1. DEPARTMENT OF GOVERNMENT OPERATIONS
63A-1-101.
Title.
(1)
 This title is known as the "Utah [
Administrative Services
] 
Government Operations
Code."
(2) This chapter is known as "Department of Government Operations."
Section 40. Section 
63A-1-102
 is amended to read:
63A-1-102.
Purposes.
The department shall:
(1) provide specialized agency support services commonly needed;
(2) provide effective, coordinated management of state [
administrative
] 
government
operations
 services;
(3) serve the public interest by providing services in a cost-effective and efficient
manner, eliminating unnecessary duplication;
(4) enable administrators to respond effectively to technological improvements;
(5) emphasize the service role of state administrative service agencies in meeting the
service needs of user agencies;
(6) use flexibility in meeting the service needs of state agencies; and
(7) protect the public interest by [
insuring
] 
ensuring
 the integrity of the fiscal
accounting procedures and policies that govern the operation of agencies and institutions to
assure that funds are expended properly and lawfully.
Section 41. Section 
63A-1-103
 is amended to read:
63A-1-103.
Definitions.
As used in this title:
(1) "Agency" means a board, commission, institution, department, division, officer,
council, office, committee, bureau, or other administrative unit of the state, including the
agency head, agency employees, or other persons acting on behalf of or under the authority of
the agency head, the Legislature, the courts, or the governor, but does not mean a political
subdivision of the state, or any administrative unit of a political subdivision of the state.
(2) "Department" means the Department of [
Administrative Services
] 
Government
Operations
.
(3) "Executive director" means the executive director of the Department of
[
Administrative Services
] 
Government Operations
.
Section 42. Section 
63A-1-104
 is amended to read:
63A-1-104.
Creation of department.
There is created within state government the Department of [
Administrative Services
]
Government Operations
, to be administered by an executive director.
Section 43. Section 
63A-1-109
 is amended to read:
63A-1-109.
Divisions of department -- Administration.
(1) The department [
shall be
] 
is
 composed of:
(a) the following divisions:
[
(i) archives and records;
]
[
(ii) facilities construction and management;
]
[
(iii) finance;
]
[
(iv) fleet operations;
]
[
(v) state purchasing and general services; and
]
[
(vi) risk management; and
]
[
(b) the Office of Administrative Rules.
]
(i) the Division of Purchasing and General Services, created in Section 
63A-2-101
;
(ii) the Division of Finance, created in Section 
63A-3-101
;
(iii) the Division of Facilities Construction and Management, created in Section
63A-5b-301
;
(iv) the Division of Fleet Operations, created in Section 
63A-9-201
;
(v) the Division of Archives and Records Service, created in Section 
63A-12-101
;
(vi) the Division of Technology Services, created in Section 
63A-16-103
;
(vii) the Division of Human Resource Management, created in Section 
63A-17-105
;
and
(viii) the Division of Risk Management, created in Section 
63A-4-101
; and
(b) the Utah Office of Administrative Rules, created in Section 
63G-3-401
.
(2) Each division described in Subsection (1)(a) shall be administered and managed by
a division director.
Section 44. Section 
63A-1-114
 is amended to read:
63A-1-114.
Rate committee -- Membership -- Duties.
(1) (a) There is created a rate committee consisting of the executive directors,
commissioners, or superintendents of seven state agencies, which may include the State Board
of Education, that use services and pay rates to one of the department internal service funds, or
their designee, that the governor appoints for a two-year term.
[
(b) (i) Of the seven state agencies represented on the rate committee under Subsection
(1)(a), only one of the following may be represented on the committee, if at all, at any one
time:
]
[
(A) the Governor's Office of Management and Budget; or
]
[
(B) the Department of Technology Services.
]
[
(ii)
] 
(b)
 The department may not have a representative on the rate committee.
(c) (i) The committee shall elect a chair from [
its
] 
the committee's
 members.
(ii) Members of the committee who are state government employees and who do not
receive salary, per diem, or expenses from their agency for their service on the committee shall
receive no compensation, benefits, per diem, or expenses for the members' service on the
committee.
(d) The [
Department of Administrative Services
] 
department
 shall provide staff
services to the committee.
(2) (a) A division described in Section 
63A-1-109
 that manages an internal service
fund shall submit to the committee a proposed rate and fee schedule for services rendered by
the division to an executive branch entity or an entity that subscribes to services rendered by
the division.
(b) The committee shall:
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
Act;
(ii) meet at least once each calendar year to:
(A) discuss the service performance of each internal service fund; 
(B) review the proposed rate and fee schedules;
(C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
schedules described in Subsection (2)(b)(ii)(B); and
(D) discuss any prior or potential adjustments to the service level received by state
agencies that pay rates to an internal service fund; 
(iii) recommend a proposed rate and fee schedule for each internal service fund to:
(A) the Governor's Office of Management and Budget; and
(B) each legislative appropriations subcommittee that, in accordance with Section
63J-1-410
, approves the internal service fund agency's rates, fees, and budget; and
(iv) review and approve, increase or decrease an interim rate, fee, or amount when an
internal service fund agency begins a new service or introduces a new product between annual
general sessions of the Legislature.
(c) The committee may in accordance with Subsection 
63J-1-410
(4), decrease a rate,
fee, or amount that has been approved by the Legislature.
Section 45. Section 
63A-1-201
 is amended to read:
63A-1-201.
Definitions.
As used in this part:
(1) "Board" means the Utah Transparency Advisory Board created under Section
63A-1-203
.
[
(2) "Department" means the Department of Administrative Services.
]
[
(3)
] 
(2)
 (a) "Independent entity," except as provided in Subsection [
(3)
] 
(2)
(c), means
the same as that term is defined in Section 
63E-1-102
.
(b) "Independent entity" includes an entity that is part of an independent entity
described in this Subsection [
(3)
] 
(2)
, if the entity is considered a component unit of the
independent entity under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(c) "Independent entity" does not include the Utah State Retirement Office created in
Section 
49-11-201
.
[
(4)
] 
(3)
 "Participating local entity" means each of the following local entities:
(a) a county;
(b) a municipality;
(c) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts;
(d) a special service district under Title 17D, Chapter 1, Special Service District Act;
(e) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
(f) a school district;
(g) a charter school;
(h) except for a taxed interlocal entity as defined in Section 
11-13-602
:
(i) an interlocal entity as defined in Section 
11-13-103
;
(ii) a joint or cooperative undertaking as defined in Section 
11-13-103
; and
(iii) any project, program, or undertaking entered into by interlocal agreement in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
(i) except for a taxed interlocal entity as defined in Section 
11-13-602
, an entity that is
part of an entity described in Subsections [
(4)
] 
(3)
(a) through (h), if the entity is considered a
component unit of the entity described in Subsections [
(4)
] 
(3)
(a) through (h) under the
governmental accounting standards issued by the Governmental Accounting Standards Board;
and
(j) a conservation district under Title 17D, Chapter 3, Conservation District Act.
[
(5)
] 
(4)
 (a) "Participating state entity" means the state of Utah, including its executive,
legislative, and judicial branches, its departments, divisions, agencies, boards, commissions,
councils, committees, and institutions.
(b) "Participating state entity" includes an entity that is part of an entity described in
Subsection [
(5)
] 
(4)
(a), if the entity is considered a component unit of the entity described in
Subsection [
(5)
] 
(4)
(a) under the governmental accounting standards issued by the
Governmental Accounting Standards Board.
[
(6)
] 
(5)
 "Public financial information" means records that are required to be made
available on the Utah Public Finance Website, a participating local entity's website, or an
independent entity's website as required by this part, and as the term "public financial
information" is defined by rule under Section 
63A-1-204
.
Section 46. Section 
63A-1-203
 is amended to read:
63A-1-203.
Utah Transparency Advisory Board -- Creation -- Membership --
Duties.
(1) There is created within the department the Utah Transparency Advisory Board
comprised of members knowledgeable about public finance or providing public access to
public information.
(2) The board consists of:
(a) the state auditor or the state auditor's designee;
(b) an individual appointed by the executive director of the department;
(c) an individual appointed by the executive director of the Governor's Office of
Management and Budget;
(d) an individual appointed by the governor on advice from the Legislative Fiscal
Analyst;
(e) one member of the Senate, appointed by the governor on advice from the president
of the Senate;
(f) one member of the House of Representatives, appointed by the governor on advice
from the speaker of the House of Representatives;
(g) an individual appointed by the director of the [
Department
] 
Division
 of Technology
Services;
(h) the director of the Division of Archives and Records Service created in Section
63A-12-101
 or the director's designee;
(i) an individual who is a member of the State Records Committee created in Section
63G-2-501
, appointed by the governor;
(j) an individual representing counties, appointed by the governor;
(k) an individual representing municipalities, appointed by the governor;
(l) an individual representing special districts, appointed by the governor;
(m) an individual representing the State Board of Education, appointed by the State
Board of Education; and
(n) one individual who is a member of the public and who has knowledge, expertise, or
experience in matters relating to the board's duties under Subsection (10), appointed by the
board members identified in Subsections (2)(a) through (m).
(3) The board shall:
(a) advise the state auditor and the department on matters related to the implementation
and administration of this part;
(b) develop plans, make recommendations, and assist in implementing the provisions
of this part;
(c) determine what public financial information shall be provided by a participating
state entity, independent entity, and participating local entity, if the public financial
information:
(i) only includes records that:
(A) are classified as public under Title 63G, Chapter 2, Government Records Access
and Management Act, or, subject to any specific limitations and requirements regarding the
provision of financial information from the entity described in Section 
63A-1-202
, if an entity
is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
records that would normally be classified as public if the entity were not exempt from Title
63G, Chapter 2, Government Records Access and Management Act;
(B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
revenues, regardless of the source; and
(C) are owned, held, or administered by the participating state entity, independent
entity, or participating local entity that is required to provide the record; and
(ii) is of the type or nature that should be accessible to the public via a website based
on considerations of:
(A) the cost effectiveness of providing the information;
(B) the value of providing the information to the public; and
(C) privacy and security considerations;
(d) evaluate the cost effectiveness of implementing specific information resources and
features on the website;
(e) require participating local entities to provide public financial information in
accordance with the requirements of this part, with a specified content, reporting frequency,
and form;
(f) require an independent entity's website or a participating local entity's website to be
accessible by link or other direct route from the Utah Public Finance Website if the
independent entity or participating local entity does not use the Utah Public Finance Website;
(g) determine the search methods and the search criteria that shall be made available to
the public as part of a website used by an independent entity or a participating local entity
under the requirements of this part, which criteria may include:
(i) fiscal year;
(ii) expenditure type;
(iii) name of the agency;
(iv) payee;
(v) date; and
(vi) amount; and
(h) analyze ways to improve the information on the Utah Public Finance Website so
the information is more relevant to citizens, including through the use of:
(i) infographics that provide more context to the data; and
(ii) geolocation services, if possible.
(4) Every two years, the board shall elect a chair and a vice chair from its members.
(5) (a) Each member shall serve a four-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for a four-year term.
(6) To accomplish its duties, the board shall meet as it determines necessary.
(7) Reasonable notice shall be given to each member of the board before any meeting.
(8) A majority of the board constitutes a quorum for the transaction of business.
(9) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(10) (a) As used in Subsections (10) and (11):
(i) "Information website" means a single Internet website containing public information
or links to public information.
(ii) "Public information" means records of state government, local government, or an
independent entity that are classified as public under Title 63G, Chapter 2, Government
Records Access and Management Act, or, subject to any specific limitations and requirements
regarding the provision of financial information from the entity described in Section
63A-1-202
, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
Management Act, records that would normally be classified as public if the entity were not
exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
(b) The board shall:
(i) study the establishment of an information website and develop recommendations for
its establishment;
(ii) develop recommendations about how to make public information more readily
available to the public through the information website;
(iii) develop standards to make uniform the format and accessibility of public
information posted to the information website; and
(iv) identify and prioritize public information in the possession of a state agency or
political subdivision that may be appropriate for publication on the information website.
(c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
principles that encourage:
(i) (A) the establishment of a standardized format of public information that makes the
information more easily accessible by the public;
(B) the removal of restrictions on the reuse of public information;
(C) minimizing limitations on the disclosure of public information while appropriately
safeguarding sensitive information; and
(D) balancing factors in favor of excluding public information from an information
website against the public interest in having the information accessible on an information
website;
(ii) (A) permanent, lasting, open access to public information; and
(B) the publication of bulk public information;
(iii) the implementation of well-designed public information systems that ensure data
quality, create a public, comprehensive list or index of public information, and define a process
for continuous publication of and updates to public information;
(iv) the identification of public information not currently made available online and the
implementation of a process, including a timeline and benchmarks, for making that public
information available online; and
(v) accountability on the part of those who create, maintain, manage, or store public
information or post it to an information website.
(d) The department shall implement the board's recommendations, including the
establishment of an information website, to the extent that implementation:
(i) is approved by the Legislative Management Committee;
(ii) does not require further legislative appropriation; and
(iii) is within the department's existing statutory authority.
(11) The department shall, in consultation with the board and as funding allows,
modify the information website described in Subsection (10) to:
(a) by January 1, 2015, serve as a point of access for Government Records Access and
Management requests for executive agencies;
(b) by January 1, 2016, serve as a point of access for Government Records Access and
Management requests for:
(i) school districts;
(ii) charter schools;
(iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
District Act;
(iv) counties; and
(v) municipalities;
(c) by January 1, 2017, serve as a point of access for Government Records Access and
Management requests for:
(i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
Districts; and
(ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
(d) except as provided in Subsection (12)(a), provide link capabilities to other existing
repositories of public information, including maps, photograph collections, legislatively
required reports, election data, statute, rules, regulations, and local ordinances that exist on
other agency and political subdivision websites;
(e) provide multiple download options in different formats, including nonproprietary,
open formats where possible;
(f) provide any other public information that the board, under Subsection (10),
identifies as appropriate for publication on the information website; and
(g) incorporate technical elements the board identifies as useful to a citizen using the
information website.
(12) (a) The department, in consultation with the board, shall establish by rule any
restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
the website described in Subsection (10) if the inclusion would pose a potential security
concern.
(b) The website described in Subsection (10) may not publish any record that is
classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
Access and Management Act.
Section 47. Section 
63A-2-101
 is amended to read:
63A-2-101.
Creation.
There is created the Division of Purchasing and General Services within the
[
Department of Administrative Services
] 
department
.
Section 48. Section 
63A-4-101
 is amended to read:
63A-4-101.
Risk manager -- Appointment -- Duties.
(1) 
(a) There is created within the department the Division of Risk Management.
(b)
 The executive director shall
, with the approval of the governor,
 appoint a risk
manager 
as the division director
, who shall be qualified by education and experience in the
management of general property and casualty insurance.
(2) The risk manager shall:
(a) acquire and administer the following purchased by the state:
(i) all property, casualty insurance; and
(ii) subject to Section 
34A-2-203
, workers' compensation insurance;
(b) recommend that the executive director make rules:
(i) prescribing reasonable and objective underwriting and risk control standards for
state agencies;
(ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
which these risks will be covered;
(iii) prescribing the properties, risks, deductibles, and amount limits eligible for
payment out of the fund;
(iv) prescribing procedures for making claims and proof of loss; and
(v) establishing procedures for the resolution of disputes relating to coverage or claims,
which may include binding arbitration;
(c) implement a risk management and loss prevention program for state agencies for
the purpose of reducing risks, accidents, and losses to assist state officers and employees in
fulfilling their responsibilities for risk control and safety;
(d) coordinate and cooperate with any state agency having responsibility to manage and
protect state properties, including:
(i) the state fire marshal;
(ii) the director of the Division of Facilities Construction and Management;
(iii) the Department of Public Safety; and
(iv) institutions of higher education;
(e) maintain records necessary to fulfill the requirements of this section;
(f) manage the fund in accordance with economically and actuarially sound principles
to produce adequate reserves for the payment of contingencies, including unpaid and
unreported claims, and may purchase any insurance or reinsurance considered necessary to
accomplish this objective; and
(g) inform the agency's governing body and the governor when any agency fails or
refuses to comply with reasonable risk control recommendations made by the risk manager.
(3) Before the effective date of any rule, the risk manager shall provide a copy of the
rule to each agency affected by it.
Section 49. Section 
63A-5b-202
 is amended to read:
63A-5b-202.
State Building Board powers and duties.
(1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules that are necessary to discharge the board's duties.
(2) The board shall:
(a) review and approve agency master plans of structures built or contemplated;
(b) submit capital development recommendations and priorities to the Legislature as
[
set forth
] 
described
 in Section 
63A-5b-402
;
(c) submit recommendations for dedicated projects and prioritize nondedicated projects
as provided in Section 
63A-5b-403
;
(d) make a finding that the requirements of Section 
53B-2a-112
 are met before the
board may consider a funding request from the UTech board pertaining to new capital facilities
and land purchases; and
(e) fulfill the board's responsibilities under:
(i) Section 
63A-5b-802
, relating to the approval of leases with terms of more than 10
years;
(ii) Section 
63A-5b-907
, relating to vacant division-owned property; and
(iii) Section 
63A-5b-1003
, relating to the approval of loans from the state facility
energy efficiency fund.
(3) The board may:
(a) authorize capital development projects without Legislative approval only as
authorized in Section 
63A-5b-404
; and
(b) make rules relating to the categorical delegation of projects as provided in
Subsection 
63A-5b-604
(4).
Section 50. Section 
63A-9-101
 is amended to read:
63A-9-101.
Definitions.
As used in this part:
(1) (a) "Agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Agency" includes the State Board of Education and each higher education
institution described in Section 
53B-1-102
.
(c) "Agency" includes the legislative and judicial branches.
(2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
(3) "Director" means the director of the division.
(4) "Division" means the Division of Fleet Operations created by this chapter.
(5) "Executive director" means the executive director of the Department of
[
Administrative Services
] 
Government Operations
.
(6) "Local agency" means:
(a) a county;
(b) a municipality;
(c) a school district;
(d) a local district;
(e) a special service district;
(f) an interlocal entity as defined under Section 
11-13-103
; or
(g) any other political subdivision of the state, including a local commission, board, or
other governmental entity that is vested with the authority to make decisions regarding the
public's business.
(7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
(b) "Motor vehicle" includes vehicles used for construction and other nontransportation
purposes.
(8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
an agency.
Section 51. Section 
63A-9-201
 is amended to read:
63A-9-201.
Creation.
(1) There is created the Division of Fleet Operations within the [
Department of
Administrative Services
] 
department
.
(2) The division of fleet operations is an internal service fund agency and its financial
affairs shall be accounted for as an internal service fund.
Section 52. Section 
63A-9-301
 is amended to read:
63A-9-301.
Motor Vehicle Review Committee -- Composition.
(1) There is created a Motor Vehicle Review Committee to advise the division.
(2) The committee shall be composed of nine members as follows:
(a) the executive director of the [
Department of Administrative Services
] 
department
 or
the director's designee;
(b) a member from a state agency other than higher education, the Department of
Transportation, the Department of Public Safety, or the Department of Natural Resources, who
uses the division's services;
(c) the director of the Division of Purchasing and General Services or the director's
designee;
(d) one member from:
(i) higher education, designated annually by the executive director of the Department
of [
Administrative Services
] 
Government Operations
;
(ii) the Department of Transportation, designated annually by the executive director of
the Department of [
Administrative Services
] 
Government Operations
;
(iii) the Department of Public Safety, designated annually by the executive director of
the Department of [
Administrative Services
] 
Government Operations
; and
(iv) the Department of Natural Resources, designated annually by the executive
director of the Department of [
Administrative Services
] 
Government Operations
; and
(e) two public members with experience in fleet operations and maintenance appointed
by the governor.
(3) (a) Except as required by Subsection (3)(b), the governor shall appoint each public
member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment, adjust the length of terms to ensure that the terms of public members are
staggered so that one of the public members is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) Five members of the committee are a quorum.
(6) The executive director of the Department of [
Administrative Services
] 
Government
Operations
 is chair of the committee.
Section 53. Section 
63A-9-401
 is amended to read:
63A-9-401.
Division -- Duties.
(1) The division shall:
(a) perform all administrative duties and functions related to management of state
vehicles;
(b) coordinate all purchases of state vehicles;
(c) establish one or more fleet automation and information systems for state vehicles;
(d) make rules establishing requirements for:
(i) maintenance operations for state vehicles;
(ii) use requirements for state vehicles;
(iii) fleet safety and loss prevention programs;
(iv) preventative maintenance programs;
(v) procurement of state vehicles, including:
(A) vehicle standards;
(B) alternative fuel vehicle requirements;
(C) short-term lease programs;
(D) equipment installation; and
(E) warranty recovery programs;
(vi) fuel management programs;
(vii) cost management programs;
(viii) business and personal use practices, including commute standards;
(ix) cost recovery and billing procedures;
(x) disposal of state vehicles;
(xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
(xii) standard use and rate structures for state vehicles; and
(xiii) insurance and risk management requirements;
(e) establish a parts inventory;
(f) create and administer a fuel dispensing services program that meets the
requirements of Subsection (2);
(g) emphasize customer service when dealing with agencies and agency employees;
(h) conduct an annual audit of all state vehicles for compliance with division
requirements;
(i) before charging a rate, fee, or other amount to an executive branch agency, or to a
subscriber of services other than an executive branch agency:
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
in Section 
63A-1-114
; and
(ii) obtain the approval of the Legislature as required by Section 
63J-1-410
; and
(j) conduct an annual market analysis of proposed rates and fees, which analysis shall
include a comparison of the division's rates and fees with the fees of other public or private
sector providers where comparable services and rates are reasonably available.
(2) The division shall operate a fuel dispensing services program in a manner that:
(a) reduces the risk of environmental damage and subsequent liability for leaks
involving state-owned underground storage tanks;
(b) eliminates fuel site duplication and reduces overall costs associated with fuel
dispensing;
(c) provides efficient fuel management and efficient and accurate accounting of
fuel-related expenses;
(d) where practicable, privatizes portions of the state's fuel dispensing system;
(e) provides central planning for fuel contingencies;
(f) establishes fuel dispensing sites that meet geographical distribution needs and that
reflect usage patterns;
(g) where practicable, uses alternative sources of energy; and
(h) provides safe, accessible fuel supplies in an emergency.
(3) The division shall:
(a) ensure that the state and each of its agencies comply with state and federal law and
state and federal rules and regulations governing underground storage tanks;
(b) coordinate the installation of new state-owned underground storage tanks and the
upgrading or retrofitting of existing underground storage tanks;
(c) by no later than June 30, 2025, ensure that an underground storage tank qualifies for
a rebate, provided under Subsection 
19-6-410.5
(5)(d), of a portion of the environmental
assurance fee described in Subsection 
19-6-410.5
(4), if the underground storage tank is owned
by:
(i) the state;
(ii) a state agency; or
(iii) a county, municipality, school district, local district, special service district, or
federal agency that has subscribed to the fuel dispensing service provided by the division under
Subsection (6)(b);
(d) report to the Natural Resources, Agriculture, and Environmental Quality
Appropriations Subcommittee by no later than:
(i) November 30, 2020, on the status of the requirements of Subsection (3)(c); and
(ii) November 30, 2024, on whether:
(A) the requirements of Subsection (3)(c) have been met; and
(B) additional funding is needed to accomplish the requirements of Subsection (3)(c);
and
(e) ensure that counties, municipalities, school districts, local districts, and special
service districts subscribing to services provided by the division sign a contract that:
(i) establishes the duties and responsibilities of the parties;
(ii) establishes the cost for the services; and
(iii) defines the liability of the parties.
(4) In fulfilling the requirements of Subsection (3)(c), the division may give priority to
underground storage tanks owned by the state or a state agency under Subsections (3)(c)(i) and
(ii).
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the director of the Division of Fleet Operations:
(i) may make rules governing fuel dispensing; and
(ii) shall make rules establishing standards and procedures for purchasing the most
economically appropriate size and type of vehicle for the purposes and driving conditions for
which the vehicle will be used, including procedures for granting exceptions to the standards
by the executive director of the Department of [
Administrative Services
] 
Government
Operations
.
(b) Rules made under Subsection (5)(a)(ii):
(i) shall designate a standard vehicle size and type that shall be designated as the
statewide standard vehicle for fleet expansion and vehicle replacement;
(ii) may designate different standard vehicle size and types based on defined categories
of vehicle use;
(iii) may, when determining a standard vehicle size and type for a specific category of
vehicle use, consider the following factors affecting the vehicle class:
(A) size requirements;
(B) economic savings;
(C) fuel efficiency;
(D) driving and use requirements;
(E) safety;
(F) maintenance requirements;
(G) resale value; and
(H) the requirements of Section 
63A-9-403
; and
(iv) shall require agencies that request a vehicle size and type that is different from the
standard vehicle size and type to:
(A) submit a written request for a nonstandard vehicle to the division that contains the
following:
(I) the make and model of the vehicle requested, including acceptable alternate vehicle
makes and models as applicable;
(II) the reasons justifying the need for a nonstandard vehicle size or type;
(III) the date of the request; and
(IV) the name and signature of the person making the request; and
(B) obtain the division's written approval for the nonstandard vehicle.
(6) (a) (i) Each state agency and each higher education institution shall subscribe to the
fuel dispensing services provided by the division.
(ii) A state agency may not provide or subscribe to any other fuel dispensing services,
systems, or products other than those provided by the division.
(b) Counties, municipalities, school districts, local districts, special service districts,
and federal agencies may subscribe to the fuel dispensing services provided by the division if:
(i) the county or municipal legislative body, the school district, or the local district or
special service district board recommends that the county, municipality, school district, local
district, or special service district subscribe to the fuel dispensing services of the division; and
(ii) the division approves participation in the program by that government unit.
(7) The director, with the approval of the executive director, may delegate functions to
institutions of higher education, by contract or other means authorized by law, if:
(a) the agency or institution of higher education has requested the authority;
(b) in the judgment of the director, the state agency or institution has the necessary
resources and skills to perform the delegated responsibilities; and
(c) the delegation of authority is in the best interest of the state and the function
delegated is accomplished according to provisions contained in law or rule.
Section 54. Section 
63A-9-501
 is amended to read:
63A-9-501.
Complaints about misuse or illegal operation of state vehicles --
Disposition.
(1) The division shall refer complaints from the public about misuse or illegal
operation of state vehicles to the agency that is the owner or lessor of the vehicle.
(2) Each agency head or his designee shall investigate all complaints about misuse or
illegal operation of state vehicles and shall discipline each employee that is found to have
misused or illegally operated a vehicle by following the procedures set forth in the rules
adopted by the [
Department
] 
Division
 of Human Resource Management as authorized by
Section [
67-19-18
] 
63A-17-306
.
(3) (a) Each agency shall report the findings of each investigation conducted as well as
any action taken as a result of the investigation to the directors of the Divisions of Fleet
Operations and Risk Management.
(b) Misuse or illegal operation of state vehicles may result in suspension or revocation
of state vehicle driving privileges as governed in rule.
Section 55. Section 
63A-12-101
 is amended to read:
63A-12-101.
Division of Archives and Records Service created -- Duties.
(1) There is created the Division of Archives and Records Service within the
[
Department of Administrative Services
] 
department
.
(2) The state archives shall:
(a) administer the state's archives and records management programs, including storage
of records, central microphotography programs, and quality control;
(b) apply fair, efficient, and economical management methods to the collection,
creation, use, maintenance, retention, preservation, disclosure, and disposal of records and
documents;
(c) establish standards, procedures, and techniques for the effective management and
physical care of records;
(d) conduct surveys of office operations and recommend improvements in current
records management practices, including the use of space, equipment, automation, and supplies
used in creating, maintaining, storing, and servicing records;
(e) establish standards for the preparation of schedules providing for the retention of
records of continuing value and for the prompt and orderly disposal of state records no longer
possessing sufficient administrative, historical, legal, or fiscal value to warrant further
retention;
(f) establish, maintain, and operate centralized microphotography lab facilities and
quality control for the state;
(g) provide staff and support services to the Records Management Committee created
in Section 
63A-12-112
 and the State Records Committee created in Section 
63G-2-501
;
(h) develop training programs to assist records officers and other interested officers and
employees of governmental entities to administer this chapter and Title 63G, Chapter 2,
Government Records Access and Management Act;
(i) provide access to public records deposited in the archives;
(j) administer and maintain the Utah Public Notice Website established under Section
[
63F-1-701
] 
63A-16-601
;
(k) provide assistance to any governmental entity in administering this chapter and
Title 63G, Chapter 2, Government Records Access and Management Act;
(l) prepare forms for use by all governmental entities for a person requesting access to
a record; and
(m) if the department operates the Division of Archives and Records Service as an
internal service fund agency in accordance with Section 
63A-1-109.5
, submit to the Rate
Committee established in Section 
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee.
(3) The state archives may:
(a) establish a report and directives management program; and
(b) establish a forms management program.
(4) The executive director [
of the Department of Administrative Services
] may direct
the state archives to administer other functions or services consistent with this chapter and Title
63G, Chapter 2, Government Records Access and Management Act.
Section 56. Section 
63A-12-102
 is amended to read:
63A-12-102.
State archivist -- Duties.
(1) With the approval of the governor, the executive director [
of the Department of
Administrative Services
] shall appoint the state archivist to serve as director of the state
archives. The state archivist shall be qualified by archival training, education, and experience.
(2) The state archivist is charged with custody of the following:
(a) the enrolled copy of the Utah constitution;
(b) the acts and resolutions passed by the Legislature;
(c) all records kept or deposited with the state archivist as provided by law;
(d) the journals of the Legislature and all bills, resolutions, memorials, petitions, and
claims introduced in the Senate or the House of Representatives;
(e) Indian war records; and
(f) oaths of office of all state officials.
(3) (a) The state archivist is the official custodian of all noncurrent records of
permanent or historic value that are not required by law to remain in the custody of the
originating governmental entity.
(b) Upon the termination of any governmental entity, its records shall be transferred to
the state archives.
Section 57. Section 
63A-12-103
 is amended to read:
63A-12-103.
Duties of governmental entities.
The chief administrative officer of each governmental entity shall:
(1) establish and maintain an active, continuing program for the economical and
efficient management of the governmental entity's records as provided by this chapter and Title
63G, Chapter 2, Government Records Access and Management Act;
(2) appoint one or more records officers who will be trained to work with the state
archives in the care, maintenance, scheduling, disposal, classification, designation, access, and
preservation of records;
(3) ensure that officers and employees of the governmental entity that receive or
process records requests receive required training on the procedures and requirements of this
chapter and Title 63G, Chapter 2, Government Records Access and Management Act;
(4) make and maintain adequate and proper documentation of the organization,
functions, policies, decisions, procedures, and essential transactions of the governmental entity
designed to furnish information to protect the legal and financial rights of persons directly
affected by the entity's activities;
(5) submit to the state archivist proposed schedules of records for final approval by the
Records Management Committee created in Section 
63A-12-112
;
(6) cooperate with the state archivist in conducting surveys made by the state archivist;
(7) comply with rules issued by the Department of [
Administrative Services
]
Government Operations
 as provided by Section 
63A-12-104
;
(8) report to the state archives the designation of record series that it maintains;
(9) report to the state archives the classification of each record series that is classified;
and
(10) establish and report to the state archives retention schedules for objects that the
governmental entity determines are not defined as a record under Section 
63G-2-103
, but that
have historical or evidentiary value.
Section 58. Section 
63A-12-104
 is amended to read:
63A-12-104.
Rulemaking authority.
(1) The executive director of the [
Department of Administrative Services
] 
department
,
with the recommendation of the state archivist, may make rules as provided by Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to implement provisions of this chapter and
Title 63G, Chapter 2, Government Records Access and Management Act, dealing with
procedures for the collection, storage, designation, classification, access, mediation for records
access, and management of records.
(2) A governmental entity that includes divisions, boards, departments, committees,
commissions, or other subparts that fall within the definition of a governmental entity under
this chapter, may, by rule, specify at which level the requirements specified in this chapter shall
be undertaken.
Section 59. Section 
63A-13-201
 is amended to read:
63A-13-201.
Creation of office -- Inspector general -- Appointment -- Term.
(1) There is created an independent entity within the [
Department of Administrative
Services
] 
department
 known as the "Office of Inspector General of Medicaid Services."
(2) The governor shall:
(a) appoint the inspector general of Medicaid services with the advice and consent of
the Senate; and
(b) establish the salary for the inspector general of Medicaid services based upon a
recommendation from the [
Department
] 
Division
 of Human Resource Management which shall
be based on a market salary survey conducted by the [
Department
] 
Division
 of Human
Resource Management.
(3) A person appointed as the inspector general shall have the following qualifications:
(a) a general knowledge of the type of methodology and controls necessary to audit,
investigate, and identify fraud, waste, and abuse;
(b) strong management skills;
(c) extensive knowledge of performance audit methodology;
(d) the ability to oversee and execute an audit; and
(e) strong interpersonal skills.
(4) The inspector general of Medicaid services:
(a) shall serve a term of four years; and
(b) may be removed by the governor, for cause.
(5) If the inspector general is removed for cause, a new inspector general shall be
appointed, with the advice and consent of the Senate, to serve the remainder of the term of the
inspector general of Medicaid services who was removed for cause.
(6) The Office of Inspector General of Medicaid Services:
(a) is not under the supervision of, and does not take direction from, the executive
director, except for administrative purposes;
(b) shall use the legal services of the state attorney general's office;
(c) shall submit a budget for the office directly to the [
Department of Administrative
Services
] 
department
;
(d) except as prohibited by federal law, is subject to:
(i) Title 51, Chapter 5, Funds Consolidation Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah [
Administrative Services
] 
Government Operations
 Code;
(iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(v) Title 63G, Chapter 4, Administrative Procedures Act;
(vi) Title 63G, Chapter 6a, Utah Procurement Code;
(vii) Title 63J, Chapter 1, Budgetary Procedures Act;
(viii) Title 63J, Chapter 2, Revenue Procedures and Control Act;
(ix) [
Title 67, Chapter 19
] 
Chapter 17
, Utah State Personnel Management Act;
(x) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
(xi) Title 52, Chapter 4, Open and Public Meetings Act;
(xii) Title 63G, Chapter 2, Government Records Access and Management Act; and
(xiii) coverage under the Risk Management Fund created under Section 
63A-4-201
;
(e) when requested, shall provide reports to the governor, the president of the Senate,
or the speaker of the House; and
(f) shall adopt administrative rules to establish policies for employees that are
substantially similar to the administrative rules adopted by the [
Department
] 
Division
 of
Human Resource Management.
Section 60. Section 
63A-16-101
, which is renumbered from Section 63F-1-101 is
renumbered and amended to read:
CHAPTER 16. UTAH TECHNOLOGY GOVERNANCE ACT
Part 1. General Provisions
[
63F-1-101
].
 63A-16-101.
Title.
[
(1)
] This [
title
] 
chapter
 is known as the "Utah Technology Governance Act."
[
(2) This chapter is known as the "Department of Technology Services."
]
Section 61. Section 
63A-16-102
, which is renumbered from Section 63F-1-102 is
renumbered and amended to read:
[
63F-1-102
].
 63A-16-102.
Definitions.
As used in this [
title
] 
chapter
:
(1) "Chief information officer" means the chief information officer appointed under
Section [
63F-1-201
] 
63A-16-201
.
(2) "Data center" means a centralized repository for the storage, management, and
dissemination of data.
(3) [
"Department" means the Department
] 
"Division" means the Division
 of
Technology Services.
(4) "Enterprise architecture" means:
(a) information technology that can be applied across state government; and
(b) support for information technology that can be applied across state government,
including:
(i) technical support;
(ii) master software licenses; and
(iii) hardware and software standards.
(5) (a) "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 Utah Board of Higher Education;
(v) institutions of higher education;
(vi) independent entities as defined in Section 
63E-1-102
; [
and
] 
or
(vii) 
the following
 elective constitutional offices of the executive department [
which
includes
]:
(A) the state auditor;
(B) the state treasurer; and
(C) the attorney general.
(6) "Executive branch strategic plan" means the executive branch strategic plan created
under Section [
63F-1-203
] 
63A-16-202
.
(7) "Individual with a disability" means an individual with a condition that meets the
definition of "disability" in 42 U.S.C. Sec. 12102.
(8) "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, video, and data communications;
(f) requisite systems controls;
(g) simulation; and
(h) all related interactions between people and machines.
(9) "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.
Section 62. Section 
63A-16-103
, which is renumbered from Section 63F-1-103 is
renumbered and amended to read:
[
63F-1-103
].
 63A-16-103.
Division of Technology Services.
(1) There is created within [
state government the Department
] 
the department the
Division
 of Technology Services [
which has all of the policymaking functions, regulatory and
enforcement powers, rights, duties, and responsibilities outlined in this title
].
(2) The [
department
] 
division
 has authority to operate as an internal service fund
agency as provided in Section 
63J-1-410
.
Section 63. Section 
63A-16-104
, which is renumbered from Section 63F-1-104 is
renumbered and amended to read:
[
63F-1-104
].
 63A-16-104.
Duties of division.
The [
department
] 
division
 shall:
(1) lead state executive branch agency efforts to establish and reengineer the state's
information technology architecture with the goal of coordinating central and individual agency
information technology in a manner that:
(a) ensures compliance with the executive branch agency strategic plan; and
(b) ensures that cost-effective, efficient information and communication systems and
resources are being used by agencies to:
(i) reduce data, hardware, and software redundancy;
(ii) improve system interoperability and data accessibility between agencies; and
(iii) meet the agency's and user's business and service needs;
(2) coordinate an executive branch strategic plan for all agencies;
(3) develop and implement processes to replicate information technology best practices
and standards throughout the executive branch;
(4) at least once every odd-numbered year:
(a) evaluate the adequacy of the [
department's
] 
division's
 and the executive branch
agencies' data and information technology system security standards through an independent
third party assessment; and
(b) communicate the results of the independent third party assessment to the
appropriate executive branch agencies and to the president of the Senate and the speaker of the
House of Representatives;
(5) oversee the expanded use and implementation of project and contract management
principles as they relate to information technology projects within the executive branch;
(6) serve as general contractor between the state's information technology users and
private sector providers of information technology products and services;
(7) work toward building stronger partnering relationships with providers;
(8) develop service level agreements with executive branch departments and agencies
to ensure quality products and services are delivered on schedule and within budget;
(9) develop standards for application development including a standard methodology
and cost-benefit analysis that all agencies shall utilize for application development activities;
(10) determine and implement statewide efforts to standardize data elements;
(11) coordinate with executive branch agencies to provide basic website standards for
agencies that address common design standards and navigation standards, including:
(a) accessibility for individuals with disabilities in accordance with:
(i) the standards of 29 U.S.C. Sec. 794d; and
(ii) Section [
63F-1-210
] 
63A-16-209
;
(b) consistency with standardized government security standards;
(c) designing around user needs with data-driven analysis influencing management and
development decisions, using qualitative and quantitative data to determine user goals, needs,
and behaviors, and continual testing of the website, web-based form, web-based application, or
digital service to ensure that user needs are addressed;
(d) providing users of the website, web-based form, web-based application, or digital
service with the option for a more customized digital experience that allows users to complete
digital transactions in an efficient and accurate manner; and
(e) full functionality and usability on common mobile devices;
(12) consider, when making a purchase for an information system, cloud computing
options, including any security benefits, privacy, data retention risks, and cost savings
associated with cloud computing options;
(13) develop systems and methodologies to review, evaluate, and prioritize existing
information technology projects within the executive branch and report to the governor and the
Public Utilities, Energy, and Technology Interim Committee in accordance with [
63F-1-201
]
Section
 63A-16-201
 on a semiannual basis regarding the status of information technology
projects;
(14) assist the Governor's Office of Management and Budget with the development of
information technology budgets for agencies; and
(15) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(a) under this [
title
] 
chapter
;
(b) by the department; or
(c) by [
an agency or division within the department
] 
the division
.
Section 64. Section 
63A-16-105
, which is renumbered from Section 63F-1-106 is
renumbered and amended to read:
[
63F-1-106
].
 63A-16-105.
 Director -- Authority.
[
(1) The executive director of the department:
]
(1) The executive director shall, with the approval of the governor, appoint the
director.
(2) The director:
(a) shall exercise all powers given to, and perform all duties imposed on, the division;
[
(a)
] 
(b)
 has administrative jurisdiction over [
each office in the department and the
director of each office
] 
the division and each office within the division
;
[
(b)
] 
(c)
 may make changes in [
department
] 
division
 personnel and [
each office's
]
service functions [
in the divisions
] under the director's administrative jurisdiction; and
[
(c)
] 
(d)
 may authorize a designee to perform appropriate responsibilities.
(2) The [
executive
] director may, to facilitate [
department
] 
division
 management,
establish offices and bureaus to perform 
division
 functions [
such as budgeting, planning, and
personnel administration
].
(3) (a) The [
executive
] director may hire employees in the [
department, divisions,
]
division
 and offices 
of the division
 as permitted by [
department
] 
division
 resources.
(b) Except as provided in Subsection (4), each employee of the [
department
] 
division
 is
exempt from career service or classified service status as provided in Section [
67-19-15
]
63A-17-301
.
(4) (a) An employee of an executive branch agency who was a career service employee
as of July 1, 2005
,
 who [
is
] 
was
 transferred to the 
division at the time it was newly created as
the
 Department of Technology Services continues in the employee's career service status
during the employee's service to the [
Department of Technology Services
] 
division
 if the duties
of the position in the [
new department
] 
division
 are substantially similar to those in the
employee's previous position.
(b) A career service employee transferred [
to the new department
] under the provisions
of Subsection (4)(a), whose duties or responsibilities subsequently change, may not be
converted to exempt status without the review process required by Subsection [
67-19-15
]
63A-17-301
(3).
Section 65. Section 
63A-16-106
, which is renumbered from Section 63F-1-107 is
renumbered and amended to read:
[
63F-1-107
].
 63A-16-106.
 Offices within the division -- Administration.
(1) The [
department shall be composed of
] 
division includes
 the following [
divisions
]
offices
:
(a) the [
Division
] 
Office
 of Enterprise Technology;
(b) the [
Division
] 
Office
 of Integrated Technology; and
(c) the [
Division
] 
Office
 of Agency Services.
(2) Each [
division
] 
office
 shall be administered and managed by a [
division
] director.
Section 66. Section 
63A-16-201
, which is renumbered from Section 63F-1-201 is
renumbered and amended to read:
Part 2. Chief Information Officer
[
63F-1-201
].
 63A-16-201.
Chief information officer -- Appointment --
Powers -- Reporting.
(1) The director of the [
department
] 
division
 shall serve as the state's chief information
officer.
(2) The chief information officer shall:
(a) advise the governor on information technology policy; and
(b) perform those duties given the chief information officer by statute.
(3) (a) The chief information officer shall report annually to:
(i) the governor; and
(ii) the Public Utilities, Energy, and Technology Interim Committee.
(b) The report required under Subsection (3)(a) shall:
(i) summarize the state's current and projected use of information technology;
(ii) summarize the executive branch strategic plan including a description of major
changes in the executive branch strategic plan;
(iii) provide a brief description of each state agency's information technology plan;
(iv) include the status of information technology projects described in Subsection
[
63F-1-104
] 
63A-16-104
(11);
(v) include the performance report described in Section [
63F-1-212
] 
63A-16-211
; and
(vi) include the expenditure of the funds provided for electronic technology,
equipment, and hardware.
Section 67. Section 
63A-16-202
, which is renumbered from Section 63F-1-203 is
renumbered and amended to read:
[
63F-1-203
].
 63A-16-202.
Executive branch information technology
strategic plan.
(1) In accordance with this section, the chief information officer shall prepare an
executive branch information technology strategic plan:
(a) that complies with this chapter; and
(b) that includes:
(i) a strategic plan for the:
(A) interchange of information related to information technology between executive
branch agencies;
(B) coordination between executive branch agencies in the development and
maintenance of information technology and information systems, including the coordination of
agency information technology plans described in Section [
63F-1-204
] 
63A-16-203
; and
(C) protection of the privacy of individuals who use state information technology or
information systems, including the implementation of industry best practices for data and
system security;
(ii) priorities for the development and implementation of information technology or
information systems including priorities determined on the basis of:
(A) the importance of the information technology or information system; and
(B) the time sequencing of the information technology or information system; and
(iii) maximizing the use of existing state information technology resources.
(2) In the development of the executive branch strategic plan, the chief information
officer shall consult with all cabinet level officials.
(3) (a) Unless withdrawn by the chief information officer or the governor in accordance
with Subsection (3)(b), the executive branch strategic plan takes effect 30 days after the day on
which the executive branch strategic plan is submitted to:
(i) the governor; and
(ii) the Public Utilities, Energy, and Technology Interim Committee.
(b) The chief information officer or the governor may withdraw the executive branch
strategic plan submitted under Subsection (3)(a) if the governor or chief information officer
determines that the executive branch strategic plan:
(i) should be modified; or
(ii) for any other reason should not take effect.
(c) The Public Utilities, Energy, and Technology Interim Committee may make
recommendations to the governor and to the chief information officer if the commission
determines that the executive branch strategic plan should be modified or for any other reason
should not take effect.
(d) Modifications adopted by the chief information officer shall be resubmitted to the
governor and the Public Utilities, Energy, and Technology Interim Committee for their review
or approval as provided in Subsections (3)(a) and (b).
(4) (a) The chief information officer shall 
annually
, on or before January 1, [
2014, and
each year thereafter,
] modify the executive branch information technology strategic plan to
incorporate security standards that:
(i) are identified as industry best practices in accordance with Subsections [
63F-1-104
]
63A-16-104
(3) and (4); and
(ii) can be implemented within the budget of the department or the executive branch
agencies.
(b) The chief information officer shall inform the speaker of the House of
Representatives and the president of the Senate on or before January 1 of each year if best
practices identified in Subsection (4)(a)(i) are not adopted due to budget issues considered
under Subsection (4)(a)(ii).
(5) Each executive branch agency shall implement the executive branch strategic plan
by adopting an agency information technology plan in accordance with Section [
63F-1-204
]
63A-16-203
.
Section 68. Section 
63A-16-203
, which is renumbered from Section 63F-1-204 is
renumbered and amended to read:
[
63F-1-204
].
 63A-16-203.
Agency information technology plans.
(1) (a) [
By
] 
On or before
 July 1 [
of
] each year, each executive branch agency shall
submit an agency information technology plan to the chief information officer at the
department level, unless the governor or the chief information officer request an information
technology plan be submitted by a subunit of a department, or by an executive branch agency
other than a department.
(b) The information technology plans required by this section shall be in the form and
level of detail required by the chief information officer, by administrative rule adopted in
accordance with Section [
63F-1-206
] 
63A-16-205
, and shall include, at least:
(i) the information technology objectives of the agency;
(ii) any performance measures used by the agency for implementing the agency's
information technology objectives;
(iii) any planned expenditures related to information technology;
(iv) the agency's need for appropriations for information technology;
(v) how the agency's development of information technology coordinates with other
state and local governmental entities;
(vi) any efforts the agency has taken to develop public and private partnerships to
accomplish the information technology objectives of the agency;
(vii) the efforts the executive branch agency has taken to conduct transactions
electronically in compliance with Section 
46-4-503
; and
(viii) the executive branch agency's plan for the timing and method of verifying the
department's security standards, if an agency intends to verify the department's security
standards for the data that the agency maintains or transmits through the department's servers.
(2) (a) Except as provided in Subsection (2)(b), an agency information technology plan
described in Subsection (1) shall comply with the executive branch strategic plan established in
accordance with Section [
63F-1-203
] 
63A-16-202
.
(b) If the executive branch agency submitting the agency information technology plan
justifies the need to depart from the executive branch strategic plan, an agency information
technology plan may depart from the executive branch strategic plan to the extent approved by
the chief information officer.
(3) The chief information officer shall review each agency plan to determine:
(a) (i) whether the agency plan complies with the executive branch strategic plan and
state information architecture; or
(ii) to the extent that the agency plan does not comply with the executive branch
strategic plan or state information architecture, whether the executive branch entity is justified
in departing from the executive branch strategic plan, or state information architecture; and
(b) whether the agency plan meets the information technology and other needs of:
(i) the executive branch agency submitting the plan; and
(ii) the state.
(4) After the chief information officer conducts the review described in Subsection (3)
of an agency information technology plan, the chief information officer may:
(a) approve the agency information technology plan;
(b) disapprove the agency information technology plan; or
(c) recommend modifications to the agency information technology plan.
(5) An executive branch agency or the department may not submit a request for
appropriation related to information technology or an information technology system to the
governor in accordance with Section 
63J-1-201
 until after the executive branch agency's
information technology plan is approved by the chief information officer.
Section 69. Section 
63A-16-204
, which is renumbered from Section 63F-1-205 is
renumbered and amended to read:
[
63F-1-205
].
 63A-16-204.
Approval of acquisitions of information
technology.
(1) (a) 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
] 
63A-16-205
, 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,
certify 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
]
63A-16-205
, 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;
(iv) Title 63G, Chapter 6a, Utah Procurement Code; and
(v) the information technology accessibility standards described in Section [
63F-1-210
]
63A-16-209
; and
(c) in accordance with Section [
63F-1-207
] 
63A-16-206
, require coordination of
acquisitions between two or more executive branch agencies if it is in the best interests of the
state.
(4) Each executive branch agency shall provide the chief information officer with
complete access to all information technology records, documents, and reports:
(a) at the request of the chief information officer; and
(b) related to the executive branch agency's acquisition of any item listed in Subsection
(1).
(5) (a) In accordance with administrative rules established by the department under
Section [
63F-1-206
] 
63A-16-205
, an executive branch agency and the department may not
initiate a new technology project unless the technology project is described in a formal project
plan and a business case analysis is approved by the chief information officer and the highest
ranking executive branch agency official.
(b) The project plan and business case analysis required by this Subsection (5) 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.
(c) The chief information officer shall determine the required form of the project plan
and business case analysis described in this Subsection (5).
(6) The chief information officer and the Division of Purchasing and General Services
within the [
Department of Administrative Services
] 
department
 shall work cooperatively to
establish procedures under which the chief information officer shall monitor and approve
acquisitions as provided in this section.
Section 70. Section 
63A-16-205
, which is renumbered from Section 63F-1-206 is
renumbered and amended to read:
[
63F-1-206
].
 63A-16-205.
Rulemaking -- Policies.
(1) (a) Except as provided in Subsection (2), the chief information officer shall, by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(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
] 
63A-16-204
(1);
(ii) specify the detail and format required in an agency information technology plan
submitted in accordance with Section [
63F-1-204
] 
63A-16-203
;
(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
] 
63A-16-204
;
(vi) provide for project oversight of agency technology projects when required by
Section [
63F-1-205
] 
63A-16-204
;
(vii) establish, in accordance with Subsection [
63F-1-205
] 
63A-16-204
(2), the
implementation of the needs assessment for information technology purchases;
(viii) establish telecommunications standards and specifications in accordance with
Section [
63F-1-404
] 
63A-16-403
; and
(ix) establish standards for accessibility of information technology by individuals with
disabilities in accordance with Section [
63F-1-210
] 
63A-16-209
.
(b) The rulemaking authority granted by this Subsection (1) is in addition to any other
rulemaking authority granted [
by this title
] 
under this chapter
.
(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 Utah Board of Higher Education; and
(iv) the chair of the State Board of Education.
Section 71. Section 
63A-16-206
, which is renumbered from Section 63F-1-207 is
renumbered and amended to read:
[
63F-1-207
].
 63A-16-206.
Coordination within the executive branch --
Cooperation with other branches.
(1) In accordance with the executive branch strategic plan and the requirements of this
title, the chief information officer shall coordinate the development of information technology
systems between two or more executive branch agencies subject to:
(a) the budget approved by the Legislature; and
(b) Title 63J, Chapter 1, Budgetary Procedures Act.
(2) In addition to the coordination described in Subsection (1), the chief information
officer shall promote cooperation regarding information technology between branches of state
government.
Section 72. Section 
63A-16-207
, which is renumbered from Section 63F-1-208 is
renumbered and amended to read:
[
63F-1-208
].
 63A-16-207.
Delegation of division functions.
(1) (a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other
provisions of this section, the chief information officer may delegate a function of the
[
department
] 
division
 to another executive branch agency or an institution of higher education
by contract or other means authorized by law.
(b) The chief information officer may delegate a function of the [
department
] 
division
as provided in Subsection (1)(a) if in the judgment of the director of the executive branch
agency and the chief information officer:
(i) the executive branch agency or institution of higher education has requested that the
function be delegated;
(ii) the executive branch agency or institution of higher education has the necessary
resources and skills to perform or control the function to be delegated; and
(iii) the function to be delegated is a unique or mission-critical function of the agency
or institution of higher education.
(2) The chief information officer may delegate a function of the [
department
] 
division
only when the delegation results in net cost savings or improved service delivery to the state as
a whole or to the unique mission critical function of the executive branch agency.
(3) The delegation of a function under this section shall:
(a) be in writing;
(b) contain all of the following:
(i) a precise definition of each function to be delegated;
(ii) a clear description of the standards to be met in performing each function
delegated;
(iii) a provision for periodic administrative audits by the [
department
] 
division
;
(iv) a date on which the agreement shall terminate if the agreement has not been
previously terminated or renewed; and
(v) any delegation of [
department
] 
division
 staff to the agency to support the function
in-house with the agency and rates to be charged for the delegated staff; and
(c) include a cost-benefit analysis justifying the delegation.
(4) An agreement to delegate functions to an executive branch agency or an institution
of higher education may be terminated by the [
department
] 
division
 if the results of an
administrative audit conducted by the [
department
] 
division
 reveals a lack of compliance with
the terms of the agreement by the executive branch agency or institution of higher education.
Section 73. Section 
63A-16-208
, which is renumbered from Section 63F-1-209 is
renumbered and amended to read:
[
63F-1-209
].
 63A-16-208.
Delegation of division staff to executive branch
agencies -- Prohibition against executive branch agency information technology staff.
(1) (a) The chief information officer shall assign [
department
] 
division
 staff to serve an
agency in-house if the chief information officer and the executive branch agency director
jointly determine it is appropriate to provide information technology services to:
(i) the agency's unique mission-critical functions and applications;
(ii) the agency's participation in and use of statewide enterprise architecture; and
(iii) the agency's use of coordinated technology services with other agencies that share
similar characteristics with the agency.
(b) (i) An agency may request the chief information officer to assign in-house staff
support from the [
department
] 
division
.
(ii) The chief information officer shall respond to the agency's request for in-house
staff support in accordance with Subsection (1)(a).
(c) The [
department
] 
division
 shall enter into service agreements with an agency when
[
department
] 
division
 staff is assigned in-house to the agency under the provisions of this
section.
(d) An agency that receives in-house staff support assigned from the [
department
]
division
 under the provision of this section is responsible for paying the rates charged by the
[
department
] 
division
 for that staff as established under Section [
63F-1-301
] 
63A-16-301
.
(2) (a) An executive branch agency may not create a full-time equivalent position or
part-time position, or request an appropriation to fund a full-time equivalent position or
part-time position under the provisions of Section 
63J-1-201
 for the purpose of providing
information technology services to the agency unless:
(i) the chief information officer has approved a delegation under Section [
63F-1-208
]
63A-16-207
; and
(ii) the [
department
] 
division
 conducts an audit under Section [
63F-1-604
] 
63A-16-213
and finds that the delegation of information technology services to the agency meets the
requirements of Section [
63F-1-208
] 
63A-16-207
.
(b) The prohibition against a request for appropriation under Subsection (2)(a) does not
apply to a request for appropriation needed to pay rates imposed under Subsection (1)(d).
Section 74. Section 
63A-16-209
, which is renumbered from Section 63F-1-210 is
renumbered and amended to read:
[
63F-1-210
].
 63A-16-209.
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;
(ii) include a protocol to evaluate the standards via testing by individuals with a variety
of access limitations; and
(iii) are, at minimum, consistent with the most recent Web Content Accessibility
guidelines published by the World Wide Web Consortium; and
(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.
(2) The chief information officer shall update the standards described in Subsection
(1)(a) at least every three years to reflect advances in technology.
Section 75. Section 
63A-16-210
, which is renumbered from Section 63F-1-211 is
renumbered and amended to read:
[
63F-1-211
].
 63A-16-210.
Chief information security officer.
(1) The chief information officer shall appoint a chief information security officer.
(2) The chief information security officer described in Subsection (1) shall:
(a) assess cybersecurity risks;
(b) coordinate with executive branch agencies to assess the sensitivity of information;
and
(c) manage cybersecurity support for the department and executive branch agencies.
Section 76. Section 
63A-16-211
, which is renumbered from Section 63F-1-212 is
renumbered and amended to read:
[
63F-1-212
].
 63A-16-211.
Report to the Legislature.
The [
department
] 
division
 shall, in accordance with Section [
63F-1-201
] 
63F-16-201
,
before November 1 [
of
] each year, report to the Public Utilities, Energy, and Technology
Interim Committee on:
(1) performance measures that the [
department
] 
division
 uses to assess the
[
department's
] 
division's
 effectiveness in performing the [
department's
] 
division's
 duties under
this [
chapter
] 
part
; and
(2) the [
department's
] 
division's
 performance, evaluated in accordance with the
performance measures described in Subsection (1).
Section 77. Section 
63A-16-212
, which is renumbered from Section 63F-1-603 is
renumbered and amended to read:
[
63F-1-603
].
 63A-16-212.
Agency services -- Chief information officer
manages.
The chief information officer shall manage the [
department's
] 
division's
 duties related
to agency services.
Section 78. Section 
63A-16-213
, which is renumbered from Section 63F-1-604 is
renumbered and amended to read:
[
63F-1-604
].
 63A-16-213.
Duties of the division -- Agency services.
The [
department
] 
division
 shall:
(1) be responsible for providing support to executive branch agencies for an agency's
information technology assets and functions that are unique to the executive branch agency and
are mission critical functions of the agency;
(2) provide in-house information technology staff support to executive branch
agencies;
(3) establish a committee composed of agency user groups for the purpose of
coordinating [
department
] 
division
 services with agency needs; and
(4) assist executive branch agencies in complying with the requirements of any rule
adopted by the chief information officer.
Section 79. Section 
63A-16-301
, which is renumbered from Section 63F-1-301 is
renumbered and amended to read:
Part 3. Information Technology Services and Rates
[
63F-1-301
].
 63A-16-301.
Cost based services -- Fees -- Submission to rate
committee.
(1) The chief information officer shall:
(a) at the lowest practical cost, manage the delivery of efficient and cost-effective
information technology and telecommunication services for:
(i) all executive branch agencies; and
(ii) entities that subscribe to the services in accordance with Section [
63F-1-303
]
63A-16-303
; and
(b) provide priority service to public safety agencies.
(2) (a) In accordance with this Subsection (2), the chief information officer shall
prescribe a schedule of fees for all services rendered by the [
department
] 
division
 to:
(i) an executive branch entity; or
(ii) an entity that subscribes to services rendered by the [
department
] 
division
 in
accordance with Section [
63F-1-303
] 
63A-16-303
.
(b) Each fee included in the schedule of fees required by Subsection (2)(a):
(i) shall be equitable;
(ii) should be based upon a zero based, full cost accounting of activities necessary to
provide each service for which a fee is established; and
(iii) for each service multiplied by the projected consumption of the service recovers
no more or less than the full cost of each service.
(c) Before charging a fee for its services to an executive branch agency or to a
subscriber of services other than an executive branch agency, the chief information officer
shall:
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
in Section [
63F-1-302
] 
63A-1-114
; and
(ii) obtain the approval of the Legislature as required by Section 
63J-1-410
.
(d) The chief information officer shall 
periodically
 conduct a market analysis [
by July
1, 2006, and periodically thereafter,
] of proposed rates and fees, which analysis shall include a
comparison of the [
department's
] 
division's
 rates with the fees of other public or private sector
providers where comparable services and rates are reasonably available.
Section 80. Section 
63A-16-302
, which is renumbered from Section 63F-1-303 is
renumbered and amended to read:
[
63F-1-303
].
 63A-16-302.
Executive branch agencies -- Subscription by
institutions.
(1) An executive branch agency in accordance with its agency information technology
plan approved by the chief information officer shall:
(a) subscribe to the information technology services provided by the [
department
]
division
; or
(b) contract with one or more alternate private providers of information technology
services if the chief information officer determines that the purchase of the services from a
private provider will:
(i) result in:
(A) cost savings;
(B) increased efficiency; or
(C) improved quality of services; and
(ii) not impair the interoperability of the state's information technology services.
(2) An institution of higher education may subscribe to the services provided by the
[
department
] 
division
 if:
(a) the president of the institution recommends that the institution subscribe to the
services of the [
department
] 
division
; and
(b) the Utah Board of Higher Education determines that subscription to the services of
the [
department
] 
division
 will result in cost savings or increased efficiency to the institution.
(3) The following may subscribe to information technology services by requesting that
the services be provided from the [
department
] 
division
:
(a) the legislative branch;
(b) the judicial branch;
(c) the State Board of Education;
(d) a political subdivision of the state;
(e) an agency of the federal government;
(f) an independent entity as defined in Section 
63E-1-102
; and
(g) an elective constitutional officer of the executive department as defined in
Subsection [
63F-1-102
] 
63A-16-102
(5)(b)(vii).
Section 81. Section 
63A-16-401
, which is renumbered from Section 63F-1-402 is
renumbered and amended to read:
Part 4. Enterprise Technology
[
63F-1-402
].
 63A-16-401.
Definitions.
As used in this [
chapter
] 
part
, "enterprise architecture" means information technology
assets and functions that can be applied across state government and include:
(1) computing devices such as mainframes, servers, desktop devices, and peripherals;
(2) networks;
(3) enterprise wide applications;
(4) maintenance and help desk functions for common hardware and applications;
(5) standards for other computing devices, operating systems, common applications,
and software; and
(6) master contracts that are available for use by agencies for various systems such as
operating systems, database, enterprise resource planning and customer relationship
management software, application development services, and enterprise integration.
Section 82. Section 
63A-16-402
, which is renumbered from Section 63F-1-403 is
renumbered and amended to read:
[
63F-1-403
].
 63A-16-402.
Enterprise technology -- Chief information
officer manages.
The chief information officer shall manage the [
department's
] 
division's
 duties related
to enterprise technology.
Section 83. Section 
63A-16-403
, which is renumbered from Section 63F-1-404 is
renumbered and amended to read:
[
63F-1-404
].
 63A-16-403.
Duties of the division -- Enterprise technology.
The [
department
] 
division
 shall:
(1) develop and implement an effective enterprise architecture governance model for
the executive branch;
(2) provide oversight of information technology projects that impact statewide
information technology services, assets, or functions of state government to:
(a) control costs;
(b) ensure business value to a project;
(c) maximize resources;
(d) ensure the uniform application of best practices; and
(e) avoid duplication of resources;
(3) develop a method of accountability to agencies for services provided by the
department through service agreements with the agencies;
(4) serve as a project manager for enterprise architecture which includes the
management of applications, standards, and procurement of enterprise architecture;
(5) coordinate the development and implementation of advanced state
telecommunication systems;
(6) provide services including technical assistance:
(a) to executive branch agencies and subscribers to the services; and
(b) related to information technology or telecommunications;
(7) establish telecommunication system specifications and standards for use by:
(a) one or more executive branch agencies; or
(b) one or more entities that subscribe to the telecommunication systems in accordance
with Section [
63F-1-303
] 
63A-16-303
;
(8) coordinate state telecommunication planning in cooperation with:
(a) state telecommunication users;
(b) executive branch agencies; and
(c) other subscribers to the state's telecommunication systems;
(9) cooperate with the federal government, other state entities, counties, and
municipalities in the development, implementation, and maintenance of:
(a) (i) governmental information technology; or
(ii) governmental telecommunication systems; and
(b) (i) as part of a cooperative organization; or
(ii) through means other than a cooperative organization;
(10) establish, operate, manage, and maintain:
(a) one or more state data centers; and
(b) one or more regional computer centers;
(11) design, implement, and manage all state-owned, leased, or rented land, mobile, or
radio telecommunication systems that are used in the delivery of services for state government
or its political subdivisions; and
(12) in accordance with the executive branch strategic plan, implement minimum
standards to be used by the [
department
] 
division
 for purposes of compatibility of procedures,
programming languages, codes, and media that facilitate the exchange of information within
and among telecommunication systems.
Section 84. Section 
63A-16-501
, which is renumbered from Section 63F-1-502 is
renumbered and amended to read:
Part 5. Integrated Technology
[
63F-1-502
].
 63A-16-501.
Definitions.
As used in this part:
(1) "Center" means the Automated Geographic Reference Center created in Section
[
63F-1-506
] 
63A-16-505
.
(2) "Database" means the State Geographic Information Database created in Section
[
63F-1-507
] 
63A-16-506
.
(3) "Geographic Information System" or "GIS" means a computer driven data
integration and map production system that interrelates disparate layers of data to specific
geographic locations.
(4) "Office" means the Office of Integrated Technology, created in Section
63A-16-502
.
[
(4)
] 
(5)
 "State Geographic Information Database" means the database created in
Section [
63F-1-507
] 
63A-16-506
.
[
(5)
] 
(6)
 "Statewide Global Positioning Reference Network" or "network" means the
network created in Section [
63F-1-509
] 
63A-16-508
.
Section 85. Section 
63A-16-502
, which is renumbered from Section 63F-1-503 is
renumbered and amended to read:
[
63F-1-503
].
 63A-16-502.
Office of Integrated Technology.
(1) There is created within the division the Office of Integrated Technology.
(2)
 The chief information officer shall manage the [
department's
] 
division's
 duties
related to integrated technology.
Section 86. Section 
63A-16-503
, which is renumbered from Section 63F-1-504 is
renumbered and amended to read:
[
63F-1-504
].
 63A-16-503.
Duties of the division -- Integrated technology.
The [
department
] 
division
 shall:
(1) establish standards for the information technology needs of a collection of
executive branch agencies or programs that share common characteristics relative to the types
of stakeholders they serve, including:
(a) project management;
(b) application development; and
(c) procurement;
(2) provide oversight of information technology standards that impact multiple
executive branch agency information technology services, assets, or functions to:
(a) control costs;
(b) ensure business value to a project;
(c) maximize resources;
(d) ensure the uniform application of best practices; and
(e) avoid duplication of resources; and
(3) establish a system of accountability to user agencies through the use of service
agreements.
Section 87. Section 
63A-16-504
, which is renumbered from Section 63F-1-505 is
renumbered and amended to read:
[
63F-1-505
].
 63A-16-504.
Information technology plan.
(1) In accordance with this section, the [
division
] 
office
 shall submit an information
technology plan to the chief information officer.
(2) The information technology plan submitted by the [
division
] 
office
 under this
section shall include:
(a) the information required by Section [
63F-1-203
] 
63A-16-202
;
(b) a list of the services the [
division
] 
office
 offers or plans to offer; and
(c) a description of the performance measures used by the [
division
] 
office
 to measure
the quality of the services described in Subsection (2)(b).
(3) (a) In submitting [
its
] 
the
 information technology plan under this section, the
[
division
] 
office
 shall comply with Section [
63F-1-204
] 
63A-16-203
.
(b) The information technology plan submitted by the [
division
] 
office
 under this
section is subject to the approval of the chief information officer as provided in Section
[
63F-1-204
] 
63A-16-203
.
Section 88. Section 
63A-16-505
, which is renumbered from Section 63F-1-506 is
renumbered and amended to read:
[
63F-1-506
].
 63A-16-505.
Automated Geographic Reference Center.
(1) There is created the Automated Geographic Reference Center as part of the
[
division
] 
office
.
(2) The center shall:
(a) provide geographic information system services to state agencies under rules
adopted in accordance with Section [
63F-1-504
] 
63A-16-503
 and policies established by the
[
division
] 
office
;
(b) provide geographic information system services to federal government, local
political subdivisions, and private persons under rules and policies established by the [
division
]
office
;
(c) manage the State Geographic Information Database; and
(d) establish standard format, lineage, and other requirements for the database.
(3) (a) There is created a position of surveyor within the center.
(b) The surveyor under this Subsection (3) shall:
(i) be licensed as a professional land surveyor under Title 58, Chapter 22, Professional
Engineers and Professional Land Surveyors Licensing Act;
(ii) provide technical support to the office of lieutenant governor in the lieutenant
governor's evaluation under Section 
67-1a-6.5
 of a proposed boundary action, as defined in
Section 
17-23-20
;
(iii) as requested by a county surveyor, provide technical assistance to the county
surveyor with respect to the county surveyor's responsibilities under Section 
17-23-20
;
(iv) fulfill the duties described in Section 
17-50-105
, if engaged to do so as provided in
that section;
(v) assist the State Tax Commission in processing and quality assurance of boundary
descriptions or maps into digital format for inclusion in the State Geographic Information
Database;
(vi) coordinate with county recorders and surveyors to create a statewide parcel layer in
the State Geographic Information Database containing parcel boundary, parcel identifier, parcel
address, owner type, and county recorder contact information; and
(vii) facilitate and integrate the collection efforts of local government and federal
agencies for data collection to densify and enhance the statewide Public Land Survey System
reference network in the State Geographic Information Database.
(4) The [
division
] 
office
 may:
(a) make rules and establish policies to govern the center and its operations; and
(b) set fees for the services provided by the center.
(5) The state may not sell information obtained from counties under Subsection
(3)(b)(v).
Section 89. Section 
63A-16-506
, which is renumbered from Section 63F-1-507 is
renumbered and amended to read:
[
63F-1-507
].
 63A-16-506.
State Geographic Information Database.
(1) There is created a State Geographic Information Database to be managed by the
center.
(2) The database shall:
(a) serve as the central reference for all information contained in any GIS database by
any state agency;
(b) serve as a clearing house and repository for all data layers required by multiple
users;
(c) serve as a standard format for geographic information acquired, purchased, or
produced by any state agency;
(d) include an accurate representation of all civil subdivision boundaries of the state;
and
(e) for each public highway, as defined in Section 
72-1-102
, in the state, include an
accurate representation of the highway's centerline, physical characteristics, and associated
street address ranges.
(3) The center shall, in coordination with municipalities, counties, emergency
communications centers, and the Department of Transportation:
(a) develop the information described in Subsection (2)(e); and
(b) update the information described in Subsection (2)(e) in a timely manner after a
county recorder records a final plat.
(4) Each state agency that acquires, purchases, or produces digital geographic
information data shall:
(a) inform the center of the existence of the data layers and their geographic extent;
(b) allow the center access to all data classified public; and
(c) comply with any database requirements established by the center.
(5) At least annually, the State Tax Commission shall deliver to the center information
the State Tax Commission receives under Section 
67-1a-6.5
 relating to the creation or
modification of the boundaries of political subdivisions.
(6) The boundary of a political subdivision within the State Geographic Information
Database is the official boundary of the political subdivision for purposes of meeting the needs
of the United States Bureau of the Census in identifying the boundary of the political
subdivision.
Section 90. Section 
63A-16-507
, which is renumbered from Section 63F-1-508 is
renumbered and amended to read:
[
63F-1-508
].
 63A-16-507.
Committee to award grants to counties for
inventory and mapping of R.S. 2477 rights-of-way -- Use of grants -- Request for
proposals.
(1) There is created within the center a committee to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
provided by Subsection (5).
(2) (a) The committee shall consist of:
(i) the center manager;
(ii) a representative of the Governor's Office of Management and Budget;
(iii) a representative of Utah State University Extension;
(iv) a representative of the Utah Association of Counties; and
(v) three county commissioners.
(b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
be selected by the organizations they represent.
(c) The committee members specified in Subsection (2)(a)(v) shall be:
(i) selected by the Utah Association of Counties;
(ii) from rural counties; and
(iii) from different regions of the state.
(3) (a) The committee shall select a chair from [
its
] 
the committee's
 membership.
(b) The committee shall meet upon the call of the chair or a majority of the committee
members.
(c) Four members [
shall constitute
] 
of the committee constitute
 a quorum.
(4) (a) Committee members who are state government employees shall receive no
additional compensation for their work on the committee.
(b) Committee members who are not state government employees shall receive no
compensation or expenses from the state for their work on the committee.
(5) (a) The committee shall award grants to counties to:
(i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
technology; and
(ii) photograph:
(A) roads and other evidence of construction of R.S. 2477 rights-of-way;
(B) structures or natural features that may be indicative of the purpose for which an
R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
facilities, or scenic overlooks; and
(C) evidence of valid and existing rights on federal lands, such as mines and
agricultural facilities.
(b) (i) The committee may allow counties, while they are conducting the activities
described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
natural or cultural resources.
(ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
programs underway by state agencies, counties, or institutions of higher education.
(c) Maps and other data acquired through the grants shall become a part of the State
Geographic Information Database.
(d) Counties shall provide an opportunity to interested parties to submit information
relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
provided in Subsections (5)(a) and (5)(b).
(6) (a) The committee shall develop a request for proposals process and issue a request
for proposals.
(b) The request for proposals shall require each grant applicant to submit an
implementation plan and identify any monetary or in-kind contributions from the county.
(c) In awarding grants, the committee shall give priority to proposals to inventory, map,
and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
which are located on federal lands that:
(i) a federal land management agency proposes for special management, such as lands
to be managed as an area of critical environmental concern or primitive area; or
(ii) are proposed to receive a special designation by Congress, such as lands to be
designated as wilderness or a national conservation area.
(7) Each county that receives a grant under the provision of this section shall provide a
copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
database.
Section 91. Section 
63A-16-508
, which is renumbered from Section 63F-1-509 is
renumbered and amended to read:
[
63F-1-509
].
 63A-16-508.
Statewide Global Positioning Reference
Network created -- Rulemaking authority.
(1) (a) There is created the Statewide Global Positioning Reference Network to
improve the quality of geographic information system data and the productivity, efficiency, and
cost-effectiveness of government services.
(b) The network shall provide a system of permanently mounted, fully networked,
global positioning system base stations that will provide real time radio navigation and
establish a standard statewide coordinate reference system.
(c) The center shall administer the network.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the chief information officer shall make rules providing for operating policies and procedures
for the network.
(b) When making rules under this section, the chief information officer shall consider:
(i) network development that serves a public purpose;
(ii) increased productivity and efficiency for state agencies; and
(iii) costs and longevity of the network.
Section 92. Section 
63A-16-509
, which is renumbered from Section 63F-1-510 is
renumbered and amended to read:
[
63F-1-510
].
 63A-16-509.
Monument Replacement and Restoration
Committee.
(1) As used in this section:
(a) "Committee" means the Monument Replacement and Restoration Committee
created in this section.
(b) "Corner" means the same as that term is defined in Section 
17-23-17.5
.
(c) "Monument" means the same as that term is defined in Section 
17-23-17.5
.
(2) (a) There is created the Monument Replacement and Restoration Committee
composed of the following seven members:
(i) five members appointed by an organization or association that represents Utah
counties:
(A) that have knowledge and understanding of the Public Land Survey System; and
(B) who each represents a different county; and
(ii) two members, appointed by the center, who have a knowledge and understanding
of the Public Land Survey System.
(b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
committee is appointed for a four-year term.
(ii) The director of the center shall, at the time an entity appoints or reappoints an
individual to serve on the committee, adjust the length of the appointed individual's term, as
necessary, to ensure that the terms of committee members are staggered so that approximately
half of the committee members are appointed every two years.
(iii) When a vacancy occurs on the committee for any reason, the replacement
appointee shall serve on the committee for the unexpired term.
(c) The committee shall elect one committee member to serve as chair of the
committee for a term of two years.
(d) A majority of the committee constitutes a quorum, and the action of a majority of a
quorum constitutes the action of the committee.
(e) (i) The center shall provide staff support to the committee.
(ii) An individual who is a member of the committee may not serve as staff to the
committee.
(f) A member of the committee may not receive compensation for the member's service
on the committee.
(g) The committee may adopt bylaws to govern the committee's operation.
(3) (a) The committee shall administer a grant program to assist counties in
maintaining and protecting corners or monuments.
(b) A county wishing to receive a grant under the program described in Subsection
(3)(a) shall submit to the committee an application that:
(i) identifies one or more monuments in the county that are in need of protection or
rehabilitation;
(ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
each monument identified under Subsection (3)(b)(i); and
(iii) requests a specific amount of funding to complete the plan established under
Subsection (3)(b)(ii).
(c) The committee shall:
(i) adopt criteria to:
(A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
needs protection or rehabilitation; and
(B) identify which monuments identified by a county under Subsection (3)(b)(i) have
the greatest need of protection or rehabilitation;
(ii) evaluate each application submitted by a county under Subsection (3)(b) using the
criteria adopted by the committee under Subsection (3)(c)(i);
(iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
applications are most favorably evaluated under Subsection (3)(c)(ii); and
(iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
shall report back to the committee.
(d) The committee may not award a grant to a county under this section in an amount
greater than $100,000.
(4) A county that is awarded a grant under this section shall:
(a) document the work performed by the county, pursuant to the plan established by the
county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
(b) before the date established under Subsection (3)(c)(iv), report to the committee on
the work performed by the county.
(5) (a) If the committee has not expended all of the funds appropriated to the
committee by the Legislature for the fulfillment of the committee's duties under this section
before December 31, 2017, the committee shall disburse any remaining funds equally among
all counties that have established a dedicated monument preservation fund by ordinance as
provided in Section 
17-23-19
.
(b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
(i) deposit the funds into the county's monument preservation fund; and
(ii) expend the funds, in consultation with the committee, for the maintenance and
preservation of monuments in the county.
Section 93. Section 
63A-16-601
, which is renumbered from Section 63F-1-701 is
renumbered and amended to read:
Part 6. Utah Public Notice Website
[
63F-1-701
].
 63A-16-601.
Utah Public Notice Website -- Establishment
and administration.
(1) As used in this part:
[
(a) "Division" means the Division of Archives and Records Service of the Department
of Administrative Services.
]
[
(b)
] 
(a)
 "Executive board" means the same as that term is defined in Section 
67-1-2.5
.
[
(c)
] 
(b)
 "Public body" means the same as that term is defined in Section 
52-4-103
.
[
(d)
] 
(c)
 "Public information" means a public body's public notices, minutes, audio
recordings, and other materials that are required to be posted to the website under Title 52,
Chapter 4, Open and Public Meetings Act, or other statute or state agency rule.
[
(e)
] 
(d)
 "Website" means the Utah Public Notice Website created [
under
] 
in
 this
section.
(2) There is created the Utah Public Notice Website to be administered by the Division
of Archives and Records Service.
(3) The website shall consist of an Internet website provided to assist the public to find
posted public information.
(4) The [
division
] 
Division of Archives and Records Service
, with the technical
assistance of the [
Department
] 
Division
 of Technology Services, shall create the website that
shall:
(a) allow a public body, or other certified entity, to easily post any public information,
including the contact information required under Subsections 
17B-1-303
(9) and
17D-1-106
(1)(b)(ii);
(b) allow the public to easily search the public information by:
(i) public body name;
(ii) date of posting of the notice;
(iii) date of any meeting or deadline included as part of the public information; and
(iv) any other criteria approved by the [
division
] 
Division of Archives and Records
Service
;
(c) allow the public to easily search and view past, archived public information;
(d) allow an individual to subscribe to receive updates and notices associated with a
public body or a particular type of public information;
(e) be easily accessible by the public from the State of Utah home page;
(f) have a unique and simplified website address;
(g) be directly accessible via a link from the main page of the official state website; and
(h) include other links, features, or functionality that will assist the public in obtaining
and reviewing public information posted on the website, as may be approved by the division.
(5) (a) Subject to Subsection (5)(b), the [
division
] 
Division of Archives and Records
Service
 and the governor's office shall coordinate to ensure that the website, the database
described in Section 
67-1-2.5
, and the website described in Section 
67-1-2.5
 automatically
share appropriate information in order to ensure that:
(i) an individual who subscribes to receive information under Subsection (4)(d) for an
executive board automatically receives notifications of vacancies on the executive board that
will be publicly filled, including a link to information regarding how an individual may apply
to fill the vacancy; and
(ii) an individual who accesses an executive board's information on the website has
access to the following through the website:
(A) the executive board's information in the database, except an individual's physical
address, e-mail address, or phone number; and
(B) the portal described in Section 
67-1-2.5
 through which an individual may provide
input on an appointee to, or member of, the executive board.
(b) The [
division
] 
Division of Archives and Records Service
 and the governor's office
shall comply with Subsection (5)(a) as soon as reasonably possible within existing funds
appropriated to the [
division
] 
Division of Archives and Records Service
 and the governor's
office.
(6) Before August 1 of each year, the [
division
] 
Division of Archives and Records
Service
 shall:
(a) identify each executive board that is a public body that did not submit to the
website a notice of a public meeting during the previous fiscal year; and
(b) report the name of each identified executive board to the governor's boards and
commissions administrator.
(7) The [
division
] 
Division of Archives and Records Service
 is responsible for:
(a) establishing and maintaining the website, including the provision of equipment,
resources, and personnel as is necessary;
(b) providing a mechanism for public bodies or other certified entities to have access to
the website for the purpose of posting and modifying public information; and
(c) maintaining an archive of all public information posted to the website.
(8) A public body is responsible for the content the public body is required to post to
the website and the timing of posting of that information.
Section 94. Section 
63A-16-602
, which is renumbered from Section 63F-1-702 is
renumbered and amended to read:
[
63F-1-702
].
 63A-16-602.
Notice and training by the Division of Archives
and Records Service.
(1) The [
division
] 
Division of Archives and Records Service
 shall provide notice of the
provisions and requirements of this chapter to all public bodies that are subject to the provision
of Subsection 
52-4-202
(3)(a)(ii).
(2) The [
division
] 
Division of Archives and Records Service
 shall, as necessary,
provide periodic training on the use of the Utah Public Notice Website to public bodies that are
authorized to post notice on the website.
Section 95. Section 
63A-16-701
, which is renumbered from Section 63F-2-102 is
renumbered and amended to read:
Part 7. Data Security Management Council
[
63F-2-102
].
 63A-16-701.
Data Security Management Council --
Membership -- Duties.
(1) There is created the Data Security Management Council [
composed of
] 
comprising
eight members as follows:
(a) the chief information officer appointed under Section [
63F-1-201
] 
63A-16-201
, or
the chief information officer's designee;
(b) one individual appointed by the governor;
(c) one individual appointed by the speaker of the House of Representatives and the
president of the Senate; and
(d) the highest ranking information technology official, or the highest ranking
information technology official's designee, from each of:
(i) the Judicial Council;
(ii) the Utah Board of Higher Education;
(iii) the State Board of Education;
(iv) the State Tax Commission; and
(v) the Office of the Attorney General.
(2) The council shall elect a chair of the council by majority vote.
(3) (a) A majority of the members of the council constitutes a quorum.
(b) Action by a majority of a quorum of the council constitutes an action of the council.
(4) The [
Department
] 
Division
 of Technology Services shall provide staff to the
council.
(5) The council shall meet quarterly, or as often as necessary, to:
(a) review existing state government data security policies;
(b) assess ongoing risks to state government information technology;
(c) create a method to notify state and local government entities of new risks;
(d) coordinate data breach simulation exercises with state and local government
entities; and
(e) develop data security best practice recommendations for state government that
include recommendations regarding:
(i) hiring and training a chief information security officer for each government entity;
(ii) continuous risk monitoring;
(iii) password management;
(iv) using the latest technology to identify and respond to vulnerabilities;
(v) protecting data in new and old systems; and
(vi) best procurement practices.
(6) A member who is not a member of the Legislature may not receive compensation
or benefits for the member's service but may receive per diem and travel expenses as provided
in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
Section 96. Section 
63A-16-702
, which is renumbered from Section 63F-2-103 is
renumbered and amended to read:
[
63F-2-103
].
 63A-16-702.
Data Security Management Council -- Report to
Legislature -- Recommendations.
(1) The council chair or the council chair's designee shall report annually no later than
October 1 of each year to the Public Utilities, Energy, and Technology Interim Committee.
(2) The council's annual report shall contain:
(a) a summary of topics the council studied during the year;
(b) best practice recommendations for state government; and
(c) recommendations for implementing the council's best practice recommendations.
Section 97. Section 
63A-16-801
, which is renumbered from Section 63F-3-102 is
renumbered and amended to read:
Part 8. Single Sign-on Portal
[
63F-3-102
].
 63A-16-801.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Business data" means data collected by the state about a person doing business in
the state.
(2) "Single sign-on business portal" means the web portal described in Section
[
63F-3-103
] 
63A-16-802
.
(3) "Single sign-on citizen portal" means the web portal described in Section
[
63F-3-103.5
] 
63A-16-803
.
(4) "Web portal" means an Internet webpage that can be accessed by a person that
enters the person's unique user information in order to access secure information.
Section 98. Section 
63A-16-802
, which is renumbered from Section 63F-3-103 is
renumbered and amended to read:
[
63F-3-103
].
 63A-16-802.
Single sign-on business portal -- Creation.
(1) The [
department
] 
division
 shall, in consultation with the entities described in
Subsection (4), design and create a single sign-on business portal that is:
(a) a web portal through which a person may access data described in Subsection (2),
as agreed upon by the entities described in Subsection (4); and
(b) secure, centralized, and interconnected.
(2) The [
department
] 
division
 shall ensure that the single sign-on business portal
allows a person doing business in the state to access, at a single point of entry, all relevant
state-collected business data about the person, including information related to:
(a) business registration;
(b) workers' compensation;
(c) beginning December 1, 2020, tax liability and payment; and
(d) other information collected by the state that the department determines is relevant
to a person doing business in the state.
(3) The [
department
] 
division
 shall develop the single sign-on business portal:
(a) using an open platform that:
(i) facilitates participation in the web portal by a state entity;
(ii) allows for optional participation by a political subdivision of the state; and
(iii) contains a link to the State Tax Commission website; and
(b) in a manner that anticipates the creation of the single sign-on citizen portal
described in Section [
63F-3-103.5
] 
63A-16-803
.
(4) In developing the single sign-on business portal, the [
department
] 
division
 shall
consult with:
(a) the Department of Commerce;
(b) the State Tax Commission;
(c) the Labor Commission;
(d) the Department of Workforce Services;
(e) the Governor's Office of Management and Budget;
(f) the Utah League of Cities and Towns;
(g) the Utah Association of Counties; and
(h) the business community that is likely to use the single sign-on business portal.
(5) The [
department
] 
division
 shall ensure that the single sign-on business portal is
fully operational no later than May 1, 2021.
Section 99. Section 
63A-16-803
, which is renumbered from Section 63F-3-103.5 is
renumbered and amended to read:
[
63F-3-103.5
].
 63A-16-803.
Single sign-on citizen portal -- Creation.
(1) The [
department
] 
division
 shall, in consultation with the entities described in
Subsection (4), design and create a single sign-on citizen portal that is:
(a) a web portal through which an individual may access information and services
described in Subsection (2), as agreed upon by the entities described in Subsection (4); and
(b) secure, centralized, and interconnected.
(2) The [
department
] 
division
 shall ensure that the single sign-on citizen portal allows
an individual, at a single point of entry, to:
(a) access and submit an application for:
(i) medical and support programs including:
(A) a medical assistance program administered under Title 26, Chapter 18, Medical
Assistance Act, including Medicaid;
(B) the Children's Health Insurance Program under Title 26, Chapter 40, Utah
Children's Health Insurance Act;
(C) the Primary Care Network as defined in Section 
26-18-416
; and
(D) the Women, Infants, and Children program administered under 42 U.S.C. Sec.
1786;
(ii) unemployment insurance under Title 35A, Chapter 4, Employment Security Act;
(iii) workers' compensation under Title 34A, Chapter 2, Workers' Compensation Act;
(iv) employment with a state agency;
(v) a driver license or state identification card renewal under Title 53, Chapter 3,
Uniform Driver License Act;
(vi) a birth or death certificate under Title 26, Chapter 2, Utah Vital Statistics Act; and
(vii) a hunting or fishing license under Title 23, Chapter 19, Licenses, Permits, and
Tags;
(b) access the individual's:
(i) transcripts from an institution of higher education described in Section 
53B-2-101
;
and
(ii) immunization records maintained by the Utah Department of Health;
(c) register the individual's vehicle under Title 41, Chapter 1a, Part 2, Registration,
with the Motor Vehicle Division of the State Tax Commission;
(d) file the individual's state income taxes under Title 59, Chapter 10, Individual
Income Tax Act, beginning December 1, 2020;
(e) access information about positions available for employment with the state; and
(f) access any other service or information the department determines is appropriate in
consultation with the entities described in Subsection (4).
(3) The [
department
] 
division
 shall develop the single sign-on citizen portal using an
open platform that:
(a) facilitates participation in the portal by a state entity;
(b) allows for optional participation in the portal by a political subdivision of the state;
and
(c) contains a link to the State Tax Commission website.
(4) In developing the single sign-on citizen portal, the department shall consult with:
(a) each state executive branch agency that administers a program, provides a service,
or manages applicable information described in Subsection (2);
(b) the Utah League of Cities and Towns;
(c) the Utah Association of Counties; and
(d) other appropriate state executive branch agencies.
(5) The [
department
] 
division
 shall ensure that the single sign-on citizen portal is fully
operational no later than January 1, 2025.
Section 100. Section 
63A-16-804
, which is renumbered from Section 63F-3-104 is
renumbered and amended to read:
[
63F-3-104
].
 63A-16-804.
Report.
(1) The [
department
] 
division
 shall report to the Public Utilities, Energy, and
Technology Interim Committee before November 30 of each year regarding:
(a) the progress the [
department
] 
division
 has made in developing the single sign-on
business portal and the single sign-on citizen portal and, once that development is complete,
regarding the operation of the single sign-on business portal and the single sign-on citizen
portal;
(b) the [
department's
] 
division's
 goals and plan for each of the next five years to fulfill
the [
department's
] 
division's
 responsibilities described in this part; and
(c) whether the [
department
] 
division
 recommends any change to the single sign-on fee
being charged under Section 
13-1-2
.
(2) The Public Utilities, Energy, and Technology Interim Committee shall annually:
(a) review the single sign-on fee being charged under Section 
13-1-2
;
(b) determine whether the revenue from the single sign-on fee is adequate for designing
and developing and then, once developed, operating and maintaining the single sign-on web
portal; and
(c) make any recommendation to the Legislature that the committee considers
appropriate concerning:
(i) the single sign-on fee; and
(ii) the development or operation of the single sign-on business portal and the single
sign-on citizen portal.
Section 101. Section 
63A-16-901
, which is renumbered from Section 63F-4-102 is
renumbered and amended to read:
Part 9. Technology Innovation Act
[
63F-4-102
].
 63A-16-901.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Executive branch agency" means a department, division, or other agency within
the executive branch of state government.
(2) "Governor's budget office" means the Governor's Office of Management and
Budget, created in Section 
63J-4-201
.
(3) "Review board" means the Architecture Review Board established within the
department.
(4) "Technology innovation" means a new information technology not previously in
use or a substantial adaptation or modification of an existing information technology.
(5) "Technology proposal" means a proposal to implement a technology innovation
designed to result in a greater efficiency in a government process or a cost saving in the
delivery of a government service, or both.
Section 102. Section 
63A-16-902
, which is renumbered from Section 63F-4-201 is
renumbered and amended to read:
[
63F-4-201
].
 63A-16-902.
Submitting a technology proposal -- Review
process.
(1) Multiple executive branch agencies may jointly submit to the chief information
officer a technology proposal, on a form or in a format specified by the [
department
] 
division
.
(2) The chief information officer shall transmit to the review board each technology
proposal the chief information officer determines meets the form or format requirements of the
[
department
] 
division
.
(3) The review board shall:
(a) conduct a technical review of a technology proposal transmitted by the chief
information officer;
(b) determine whether the technology proposal merits further review and consideration
by the chief information officer, based on the technology proposal's likelihood to:
(i) be capable of being implemented effectively; and
(ii) result in greater efficiency in a government process or a cost saving in the delivery
of a government service, or both; and
(c) transmit a technology proposal to the chief information officer and to the governor's
budget office, if the review board determines that the technology proposal merits further review
and consideration by the chief information officer.
Section 103. Section 
63A-16-903
, which is renumbered from Section 63F-4-202 is
renumbered and amended to read:
[
63F-4-202
].
 63A-16-903.
Chief information officer review and approval
of technology proposals.
(1) The chief information officer shall review and evaluate each technology proposal
that the review board transmits to the chief information officer.
(2) The chief information officer may approve and recommend that the [
department
]
division
 provide funding from legislative appropriations for a technology proposal if, after the
chief information officer's review and evaluation of the technology proposal:
(a) the chief information officer determines that there is a reasonably good likelihood
that the technology proposal:
(i) is capable of being implemented effectively; and
(ii) will result in greater efficiency in a government process or a cost saving in the
delivery of a government service, or both; and
(b) the chief information officer receives approval from the governor's budget office
for the technology proposal.
(3) The chief information officer may:
(a) prioritize multiple approved technology proposals based on their relative likelihood
of achieving the goals described in Subsection (2); and
(b) recommend funding based on the chief information officer's prioritization under
Subsection (3)(a).
(4) The [
department
] 
division
 shall:
(a) track the implementation and success of a technology proposal approved by the
chief information officer;
(b) evaluate the level of the technology proposal's implementation effectiveness and
whether the implementation results in greater efficiency in a government process or a cost
saving in the delivery of a government service, or both; and
(c) report the results of the [
department's
] 
division's
 tracking and evaluation:
(i) to the chief information officer, as frequently as the chief information officer
requests; and
(ii) at least annually to the Public Utilities, Energy, and Technology Interim
Committee.
(5) The [
department
] 
division
 may expend money appropriated by the Legislature to
pay for expenses incurred by executive branch agencies in implementing a technology proposal
that the chief information officer has approved.
Section 104. Section 
63A-17-101
, which is renumbered from Section 67-19-1 is
renumbered and amended to read:
CHAPTER 17. UTAH STATE PERSONNEL MANAGEMENT ACT
Part 1. General Provisions
[
67-19-1
].
 63A-17-101.
Title.
This chapter [
shall be known and may be cited
] 
is known
 as the "Utah State Personnel
Management Act."
Section 105. Section 
63A-17-102
, which is renumbered from Section 67-19-3 is
renumbered and amended to read:
[
67-19-3
].
 63A-17-102.
Definitions.
As used in this chapter:
(1) "Agency" means any department or unit of Utah state government with authority to
employ personnel.
(2) "Career service" means positions under schedule B as defined in Section [
67-19-15
]
63A-17-301
.
(3) "Career service employee" means an employee who has successfully completed a
probationary period of service in a position covered by the career service.
(4) "Career service status" means status granted to employees who successfully
complete probationary periods for competitive career service positions.
(5) "Classified service" means those positions subject to the classification and
compensation provisions of Section [
67-19-12
] 
63A-17-307
.
(6) "Controlled substance" means controlled substance as defined in Section 
58-37-2
.
(7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
employee's current actual wage.
(b) "Demotion" does not mean:
(i) a nondisciplinary movement of an employee to another position without a reduction
in the current actual wage; or
(ii) a reclassification of an employee's position under the provisions of Subsection
[
67-19-12
] 
63A-17-307
(3) and rules made by the department.
[
(8) "Department" means the Department of Human Resource Management.
]
(8) "Director" means the director of the division.
(9) "Disability" means a physical or mental disability as defined and protected under
the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
(10) "Division" means the Division of Human Resource Management, created in
Section 
63A-17-105
.
[
(10)
] 
(11)
 "Employee" means any individual in a paid status covered by the career
service or classified service provisions of this chapter.
[
(11)
] 
(12)
 "Examining instruments" means written or other types of proficiency tests.
[
(12) "Executive director," except where otherwise specified, means the executive
director of the Department of Human Resource Management.
]
(13) "Human resource function" means those duties and responsibilities specified:
(a) under Section [
67-19-6
] 
63A-17-106
;
(b) under rules of the [
department
] 
division
; and
(c) under other state or federal statute.
(14) "Market comparability adjustment" means a salary range adjustment determined
necessary through a market survey of salary data and other relevant information.
(15) "Probationary employee" means an employee serving a probationary period in a
career service position but who does not have career service status.
(16) "Probationary period" means that period of time determined by the [
department
]
division
 that an employee serves in a career service position as part of the hiring process before
career service status is granted to the employee.
(17) "Probationary status" means the status of an employee between the employee's
hiring and the granting of career service status.
(18) "Structure adjustment" means a [
department
] 
division
 modification of salary
ranges.
(19) "Temporary employee" means career service exempt employees described in
Subsection [
67-19-15
] 
63A-17-301
(1)(q).
(20) "Total compensation" means salaries and wages, bonuses, paid leave, group
insurance plans, retirement, and all other benefits offered to state employees as inducements to
work for the state.
Section 106. Section 
63A-17-103
, which is renumbered from Section 67-19-3.1 is
renumbered and amended to read:
[
67-19-3.1
].
 63A-17-103.
Principles guiding interpretation of chapter and
adoption of rules.
(1) The [
department
] 
division
 shall establish a career service system designed in a
manner that will provide for the effective implementation of the following merit principles:
(a) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(b) providing for equitable and competitive compensation;
(c) training employees as needed to assure high-quality performance;
(d) retaining employees on the basis of the adequacy of their performance and
separating employees whose inadequate performance cannot be corrected;
(e) fair treatment of applicants and employees in all aspects of human resource
administration without regard to race, color, religion, sex, national origin, political affiliation,
age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
(f) providing information to employees regarding their political rights and the
prohibited practices under the Hatch Act; and
(g) providing a formal procedure for advancing grievances of employees:
(i) without discrimination, coercion, restraint, or reprisal; and
(ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
agency.
(2) The principles in Subsection (1) shall govern interpretation and implementation of
this chapter.
Section 107. Section 
63A-17-104
, which is renumbered from Section 67-19-4 is
renumbered and amended to read:
[
67-19-4
].
 63A-17-104.
Discriminatory or prohibited employment practices.
The state, [
its
] 
the state's
 officers, and employees shall be governed by the provisions of
Section 
34A-5-106
 of the Utah Antidiscrimination Act concerning discriminatory or prohibited
employment practices.
Section 108. Section 
63A-17-105
, which is renumbered from Section 67-19-5 is
renumbered and amended to read:
[
67-19-5
].
 63A-17-105.
Division of Human Resource Management created --
Director -- Staff.
(1) There is created [
the Department
] 
within the department, the Division
 of Human
Resource Management.
(2) (a) The [
department
] 
division
 shall be administered by [
an executive
] 
a
 director
appointed by the [
governor with the consent of the Senate
] 
executive director, with the
approval of the governor
.
(b) The [
executive
] director shall be a person with experience in human resource
management and shall be accountable to the [
governor for the
] executive 
director for the
director's performance in office.
[
(3) The executive director may:
]
[
(a) appoint a personal secretary and a deputy director, both of whom shall be exempt
from career service; and
]
[
(b) appoint division directors and program managers who may be career service
exempt.
]
[
(4) (a) The executive director shall have full responsibility and accountability for the
administration of the statewide human resource management system.
]
[
(b) Except as provided in Section 
67-19-6.1
, an agency may not perform human
resource functions without the consent of the executive director.
]
[
(5) Statewide human resource management rules adopted by the Department of
Human Resource Management in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, shall take precedence if there is a conflict with agency rules, policies, or
practices.
]
[
(6) The department may operate as an internal service fund agency in accordance with
Section 
63J-1-410
 for the human resource functions the department provides.
]
(3) The director shall advise the governor on human resource matters.
Section 109. Section 
63A-17-106
, which is renumbered from Section 67-19-6 is
renumbered and amended to read:
[
67-19-6
].
 63A-17-106.
Responsibilities of the director.
(1) The director shall have full responsibility and accountability for the administration
of the statewide human resource management system.
(2) Except as provided in Section 
63A-17-201
, an agency may not perform human
resource functions without the consent of the director.
(3) Statewide human resource management rules adopted by the division in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take precedence if there
is a conflict with agency rules, policies, or practices.
(4) The division may operate as an internal service fund agency in accordance with
Section 
63J-1-410
 for the human resource functions the division provides.
[
(1)
] 
(5)
 The [
executive
] director shall:
(a) develop, implement, and administer a statewide program of human resource
management that will:
(i) aid in the efficient execution of public policy;
(ii) foster careers in public service for qualified employees; and
(iii) render assistance to state agencies in performing their missions;
(b) design and administer the state pay plan;
(c) design and administer the state classification system and procedures for determining
schedule assignments;
(d) design and administer the state recruitment and selection system;
(e) administer agency human resource practices and ensure compliance with federal
law, state law, and state human resource rules, including equal employment opportunity;
(f) consult with agencies on decisions concerning employee corrective action and
discipline;
(g) maintain central personnel records;
(h) perform those functions necessary to implement this chapter unless otherwise
assigned or prohibited;
(i) perform duties assigned by the governor
, executive director,
 or statute;
(j) adopt rules for human resource management according to the procedures of Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(k) establish and maintain a management information system that will furnish the
governor, the Legislature, and agencies with current information on authorized positions,
payroll, and related matters concerning state human resources;
(l) conduct research and planning activities to:
(i) determine and prepare for future state human resource needs;
(ii) develop methods for improving public human resource management; and
(iii) propose needed policy changes to the governor;
(m) study the character, causes, and extent of discrimination in state employment and
develop plans for its elimination through programs consistent with federal and state laws
governing equal employment opportunity in employment;
(n) when requested by charter schools or counties, municipalities, and other political
subdivisions of the state, provide technical service, training recommendations, or advice on
human resource management at a charge determined by the [
executive
] director;
(o) establish compensation policies and procedures for early voluntary retirement;
(p) confer with the heads of other agencies about human resource policies and
procedures;
(q) submit an annual report to 
the executive director,
 the governor
,
 and the Legislature;
and
(r) assist with the development of a vacant position report required under Subsection
63J-1-201
(2)(b)(vi).
[
(2)
] 
(6)
 (a) After consultation with 
the executive director,
 the governor
,
 and the heads
of other agencies, the [
executive
] director shall establish and coordinate statewide training
programs, including and subject to available funding, the development of manager and
supervisor training.
(b) The programs developed under this Subsection [
(2)
] 
(6)
 shall have application to
more than one agency.
(c) The [
department
] 
division
 may not establish training programs that train employees
to perform highly specialized or technical jobs and tasks.
(d) The [
department
] 
division
 shall ensure that any training program described in this
Subsection [
(2)
] 
(6)
 complies with Title 63G, Chapter 22, State Training and Certification
Requirements.
[
(3)
] 
(7)
 (a) (i) The [
department
] 
division
 may collect fees for training as authorized by
this Subsection [
(3)
] 
(7)
.
(ii) Training funded from General Fund appropriations shall be treated as a separate
program within the department budget.
(iii) All money received from fees under this section will be accounted for by the
department as a separate user driven training program.
(iv) The user training program includes the costs of developing, procuring, and
presenting training and development programs, and other associated costs for these programs.
(b) (i) Funds remaining at the end of the fiscal year in the user training program are
nonlapsing.
(ii) Each year, as part of the appropriations process, the Legislature shall review the
amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
the department to lapse a portion of the funds.
Section 110. Section 
63A-17-107
 is enacted to read:
 63A-17-107.
Services and fees -- Submission to rate committee.
The director shall, before charging a fee for services provided by the division's internal
service fund to an executive branch agency:
(1) submit the proposed rates, fees, and cost analysis to the rate committee established
in Section 
63A-1-114
; and
(2) obtain the approval of the Legislature as required under Section 
63J-1-410
.
Section 111. Section 
63A-17-108
, which is renumbered from Section 67-19-26 is
renumbered and amended to read:
[
67-19-26
].
 63A-17-108.
Severability of provisions -- Compliance with
requirements for federally aided programs.
(1) If any provision of this chapter or of any regulation or order issued thereunder or
the application of any provision of this chapter to any person or circumstance is held invalid,
the remainder of this chapter and the application of provision of this chapter or regulation or
orders issued under it to persons or circumstances other than those to which it is held invalid
shall still be regarded as having the force and effect of law.
(2) If any part of this chapter is found to be in conflict with federal requirements which
are a condition precedent to the allocation of federal funds to the state, the conflicting part of
this chapter shall be inoperative solely to the extent of the conflict and with respect to the
agencies directly affected, and such findings shall not affect the operation of the remainder of
this chapter in its application to the agencies concerned.
(3) Notwithstanding any provisions in this chapter to the contrary, no regulation shall
be adopted which would deprive the state or any of its departments or institutions of federal
grants or other forms of financial assistance, and the rules and regulations promulgated
hereunder shall include standards, provisions, terms, and conditions for personnel engaged in
the administration of federally aided programs, which shall, in all respects, comply with the
necessary requirements for a qualified human resource system under the standards applicable to
personnel engaged in the administration of federally aided programs.
Section 112. Section 
63A-17-201
, which is renumbered from Section 67-19-6.1 is
renumbered and amended to read:
Part 2. Offices and Facilities
[
67-19-6.1
].
 63A-17-201.
Division field offices.
(1) The [
executive director of the Department of Human Resource Management
]
director
 may establish a field office in an agency.
(2) The [
executive
] director may assign an employee of the [
department
] 
division
 to act
as field office staff.
(3) The [
executive
] director and agency head shall sign an agreement, to be reviewed
annually, that specifies:
(a) the services to be provided by the [
department
] 
division
;
(b) the use of agency facilities and equipment by the field office;
(c) protocols to resolve discrepancies between agency practice and [
Department of
Human Resource Management
] 
division
 policy; and
(d) any other issue necessary for the proper functioning of the field office.
(4) Unless otherwise provided for in the field office agreement, the agency shall:
(a) assign responsibilities and duties to its employees;
(b) conduct performance appraisals;
(c) discipline [
its
] 
the agency's
 employees in consultation with the [
department
]
division
; and
(d) maintain individual personnel records.
Section 113. Section 
63A-17-202
, which is renumbered from Section 67-19-11 is
renumbered and amended to read:
[
67-19-11
].
 63A-17-202.
Use of facilities -- Field office facilities cost allocation.
(1) [
(a)
] An agency or a political subdivision of the state shall allow the [
department
]
division
 to use public buildings under the agency's of the political subdivision's control, and
furnish heat, light, and furniture, for any examination, training, hearing, or investigation
authorized by this chapter.
[
(b)
] 
(2)
 An agency or political subdivision that allows the [
department
] 
division
 to use
a public building under Subsection (1)[
(a)
] shall pay the cost of the [
department's
] 
division's
use of the public building.
[
(2) The executive director shall:
]
[
(a) prepare an annual budget request for the department;
]
[
(b) submit the budget request to the governor and the Legislature; and
]
[
(c) before charging a fee for services provided by the department's internal service
fund to an executive branch agency:
]
[
(i) submit the proposed rates, fees, and cost analysis to the Rate Committee
established under Subsection (3); and
]
[
(ii) obtain the approval of the Legislature as required under Section 
63J-1-410
.
]
[
(3) (a) There is created a rate committee that shall consist of the executive directors of
seven state agencies that use services and pay rates to one of the department internal service
funds, or their designee, appointed by the governor for a two-year term.
]
[
(b) (i) Of the seven executive agencies represented on the rate committee under
Subsection (3)(a), only one of the following may be represented on the committee, if at all, at
any one time:
]
[
(A) the Governor's Office of Management and Budget;
]
[
(B) the Division of Finance;
]
[
(C) the Department of Administrative Services; or
]
[
(D) the Department of Technology Services.
]
[
(ii) The department may not have a representative on the rate committee.
]
[
(c) (i) The rate committee shall elect a chair from the rate committee's members.
]
[
(ii) Each member of the rate committee who is a state government employee and who
does not receive salary, per diem, or expenses from the member's agency for the member's
service on the rate committee shall receive no compensation, benefits, per diem, or expenses
for the member's service on the rate committee.
]
[
(d) The department shall provide staff services to the rate committee.
]
[
(4) (a) The department shall submit to the rate committee a proposed rate and fee
schedule for:
]
[
(i) human resource management services rendered; and
]
[
(ii) costs incurred by the Office of the Attorney General in defending the state in a
grievance under review by the Career Service Review Office.
]
[
(b) The rate committee shall:
]
[
(i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public
Meetings Act;
]
[
(ii) meet at least once each calendar year to:
]
[
(A) discuss the service performance of each internal service fund;
]
[
(B) review the proposed rate and fee schedules;
]
[
(C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
schedules described in Subsection (4)(b)(ii)(B); and
]
[
(D) discuss any prior or potential adjustments to the service level received by state
agencies that pay rates to an internal service fund;
]
[
(iii) recommend a proposed rate and fee schedule for the internal service fund to:
]
[
(A) the Governor's Office of Management and Budget; and
]
[
(B) each legislative appropriations subcommittee that, in accordance with Section
63J-1-410
, approves the internal service fund rates, fees, and budget; and
]
[
(iv) review and approve, increase or decrease an interim rate, fee, or amount when the
department begins a new service or introduces a new product between annual general sessions
of the Legislature.
]
[
(c) The committee may in accordance with Subsection 
63J-1-410
(4) decrease a rate,
fee, or amount that has been approved by the Legislature.
]
Section 114. Section 
63A-17-301
, which is renumbered from Section 67-19-15 is
renumbered and amended to read:
Part 3. Classification and Career Service
[
67-19-15
].
 63A-17-301.
Career service -- Exempt positions -- Schedules for
civil service positions -- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Public Lands Policy Coordinating Council;
(iii) the Office of the State Auditor; and
(iv) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AE includes each employee of the State Board of Education that the State
Board of Education designates as exempt from the career service provisions of this chapter;
(f) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(g) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the [
department
] 
division
; or
(B) educators as defined by Section 
53E-8-102
;
(h) schedule AN includes employees of the Legislature;
(i) schedule AO includes employees of the judiciary;
(j) schedule AP includes all judges in the judiciary;
(k) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(l) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the [
executive
] director;
(m) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(n) schedule AT includes employees of the [
Department
] 
Division
 of Technology
Services, designated as executive/professional positions by the [
executive
] director of the
[
Department
] 
Division
 of Technology Services with the concurrence of the [
executive
] director
of the division
;
(o) schedule AU includes patients and inmates employed in state institutions;
(p) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the [
executive
] director 
of the division
; and
(q) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
[
department
] 
division
 by administrative rule.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from any appointive position under schedule A, unless otherwise
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of:
(i) all positions filled through competitive selection procedures as defined by the
[
executive
] director; or
(ii) positions filled through a [
department
] 
division
 approved on-the-job examination
intended to appoint a qualified person with a disability, or a veteran in accordance with Title
71, Chapter 10, Veterans Preference.
(3) (a) The [
executive
] director, after consultation with the heads of concerned
executive branch departments and agencies and with the approval of the governor, shall
allocate positions to the appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the [
executive
]
director before changing the schedule assignment and tenure rights of any position.
(c) Unless the [
executive
] director's decision is reversed by the governor, when the
[
executive
] director denies an agency's request, the [
executive
] director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 
36-12-7
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the [
executive
] director [
of the Department of Human Resource
Management
].
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the [
department
] 
division
.
Section 115. Section 
63A-17-302
, which is renumbered from Section 67-19-15.1 is
renumbered and amended to read:
[
67-19-15.1
].
 63A-17-302.
Implementation of exempt status for Schedule
AD and AR employees.
(1) As used in this section, "appointee" means:
(a) a deputy director;
(b) a division director;
(c) any assistant directors and administrative assistants who report directly to a
department head, deputy director, or their equivalent; and
(d) any other person whose appointment is required by law to be approved by the
governor.
(2) After the effective date of this chapter, any new appointee is a merit exempt
employee.
(3) Notwithstanding the requirements of this chapter, any appointee who is currently a
nonexempt employee does not lose that nonexempt status because of this chapter.
(4) The [
Department of Human Resource Management
] 
division
 shall develop
financial and other incentives to encourage appointees who are nonexempt to voluntarily
convert to merit exempt status.
Section 116. Section 
63A-17-303
, which is renumbered from Section 67-19-15.6 is
renumbered and amended to read:
[
67-19-15.6
].
 63A-17-303.
Longevity salary increases.
(1) Except for those employees in schedules AB and AN, as provided under Section
[
67-19-15
] 
63A-17-301
, and employees described in Subsection [
67-19-15
] 
63A-17-301
(1)(q),
an employee shall receive an increase in salary of 2.75% if that employee:
(a) holds a position under schedule A or B as provided under Section [
67-19-15
]
63A-17-301
;
(b) has reached the maximum of the salary range in the position classification;
(c) has been employed with the state for eight years; and
(d) is rated eligible in job performance under guidelines established by the executive
director.
(2) Any employee who meets the criteria under Subsection (1) is entitled to the same
increase in salary for each additional three years of employment if the employee maintains the
eligibility standards established by the [
department
] 
division
.
Section 117. Section 
63A-17-304
, which is renumbered from Section 67-19-15.7 is
renumbered and amended to read:
[
67-19-15.7
].
 63A-17-304.
Promotion -- Reclassification -- Market
adjustment.
(1) (a) If an employee is promoted or the employee's position is reclassified to a higher
salary range maximum, the agency shall place the employee within the new range of the
position.
(b) An agency may not set an employee's salary:
(i) higher than the maximum in the new salary range; and
(ii) lower than the minimum in the new salary range of the position.
(c) Except for an employee described in Subsection [
67-19-15
] 
63A-17-301
(1)(q), the
agency shall grant a salary increase of at least 5% to an employee who is promoted.
(2) An agency shall adjust the salary range for an employee whose salary range is
approved by the Legislature for a market comparability adjustment consistent with Subsection
[
67-19-12
] 
63A-17-307
(5)(b)(i):
(a) at the beginning of the next fiscal year; and
(b) consistent with appropriations made by the Legislature.
(3) [
Department-initiated
] 
Division-initiated
 revisions in the state classification system
that result in consolidation or reduction of class titles or broadening of pay ranges:
(a) may not be regarded as a reclassification of the position or promotion of the
employee; and
(b) are exempt from the provisions of Subsection (1).
Section 118. Section 
63A-17-305
, which is renumbered from Section 67-19-16 is
renumbered and amended to read:
[
67-19-16
].
 63A-17-305.
Appointments to Schedule B positions -- Examinations
-- Hiring lists -- Probationary service -- Dismissal.
(1) Each appointment to a position under Schedule B shall be made from hiring lists of
applicants who have been selected by competitive procedures as defined by the [
executive
]
director.
(2) The [
executive
] director shall publicly announce information regarding career
service positions:
(a) for periods of time to be determined by the [
executive
] director; and
(b) in a manner designed to attract the highest number of qualified applicants.
(3) The [
executive
] director shall make rules establishing standards for the
development, approval, and implementation of examining processes, including establishing a
department approved on the job examination to appoint a qualified person with a disability.
(4) Applicants for employment to Schedule B positions shall be eligible for
appointment based upon rules established by the [
executive
] director.
(5) (a) The agency head shall make appointments to fill vacancies from hiring lists for
probationary periods as defined by rule.
(b) The [
executive
] director shall make rules establishing probationary periods.
(6) A person serving a probationary period may not use the grievance procedures
provided in this chapter and in 
Title 67,
 Chapter 19a, Grievance Procedures, and may be
dismissed at any time by the appointing officer without hearing or appeal.
(7) Career service status shall be granted upon the successful completion of the
probationary period.
Section 119. Section 
63A-17-306
, which is renumbered from Section 67-19-18 is
renumbered and amended to read:
[
67-19-18
].
 63A-17-306.
Dismissals and demotions -- Grounds -- Disciplinary
action -- Procedure -- Reductions in force.
(1) A career service employee may be dismissed or demoted:
(a) to advance the good of the public service; or
(b) for just causes, including inefficiency, incompetency, failure to maintain skills or
adequate performance levels, insubordination, disloyalty to the orders of a superior,
misfeasance, malfeasance, or nonfeasance in office.
(2) An employee may not be dismissed because of race, sex, age, disability, national
origin, religion, political affiliation, or other nonmerit factor including the exercise of rights
under this chapter.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
executive
] director shall establish rules governing the procedural and documentary
requirements of disciplinary dismissals and demotions.
(4) If an agency head finds that a career service employee is charged with aggravated
misconduct or that retention of a career service employee would endanger the peace and safety
of others or pose a grave threat to the public interest, the employee may be suspended pending
the administrative appeal to the department head as provided in Subsection (5).
(5) (a) A career service employee may not be demoted or dismissed unless the
department head or designated representative has complied with this subsection.
(b) The department head or designated representative notifies the employee in writing
of the reasons for the dismissal or demotion.
(c) The employee has no less than five working days to reply and have the reply
considered by the department head.
(d) The employee has an opportunity to be heard by the department head or designated
representative.
(e) Following the hearing, the employee may be dismissed or demoted if the
department head finds adequate cause or reason.
(6) (a) Reductions in force required by inadequate funds, change of workload, or lack
of work are governed by retention points established by the [
executive
] director.
(b) Under those circumstances:
(i) The agency head shall designate the category of work to be eliminated, subject to
review by the [
executive
] director.
(ii) Temporary and probationary employees shall be separated before any career service
employee.
(iii) (A) When more than one career service employee is affected, the employees shall
be separated in the order of their retention points, the employee with the lowest points to be
discharged first.
(B) Retention points for each career service employee shall be computed according to
rules established by the [
executive
] director, allowing appropriate consideration for proficiency
and seniority in state government, including any active duty military service fulfilled
subsequent to original state appointment.
(c) (i) A career service employee who is separated in a reduction in force under this
section shall be given preferential consideration when applying for a career service position.
(ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
career service employee accepts a career service position.
(iii) The [
executive
] director shall make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, concerning the manner of granting preferential
consideration under Subsection (6)(c)(i).
(d) (i) An employee separated due to a reduction in force may appeal to the department
head for an administrative review.
(ii) The notice of appeal must be submitted within 20 working days after the
employee's receipt of written notification of separation.
(iii) The employee may appeal the decision of the department head according to the
grievance and appeals procedure of this chapter and 
Title 67,
 Chapter 19a, Grievance
Procedures.
Section 120. Section 
63A-17-307
, which is renumbered from Section 67-19-12 is
renumbered and amended to read:
[
67-19-12
].
 63A-17-307.
State pay plans -- Applicability of section --
Exemptions -- Duties of director.
(1) (a) This section, and the rules adopted by the [
department
] 
division
 to implement
this section, apply to each career and noncareer employee not specifically exempted under
Subsection (2).
(b) If not exempted under Subsection (2), an employee is considered to be in classified
service.
(2) The following employees are exempt from this section:
(a) members of the Legislature and legislative employees;
(b) members of the judiciary and judicial employees;
(c) elected members of the executive branch and employees designated as schedule AC
as provided under Subsection [
67-19-15
] 
63A-17-301
(1)(c);
(d) employees of the State Board of Education;
(e) officers, faculty, and other employees of state institutions of higher education;
(f) employees in a position that is specified by statute to be exempt from this
Subsection (2);
(g) employees in the Office of the Attorney General;
(h) department heads and other persons appointed by the governor under statute;
(i) schedule AS employees as provided under Subsection [
67-19-15
]
63A-17-301
(1)(m);
(j) department deputy directors, division directors, and other employees designated as
schedule AD as provided under Subsection [
67-19-15
] 
63A-17-301
(1)(d);
(k) employees that determine and execute policy designated as schedule AR as
provided under Subsection [
67-19-15
] 
63A-17-301
(1)(l);
(l) teaching staff, educational interpreters, and educators designated as schedule AH as
provided under Subsection [
67-19-15
] 
63A-17-301
(1)(g);
(m) temporary employees described in Subsection [
67-19-15
] 
63A-17-301
(1)(q);
(n) patients and inmates designated as schedule AU as provided under Subsection
[
67-19-15
] 
63A-17-301
(1)(o) who are employed by state institutions; and
(o) members of state and local boards and councils and other employees designated as
schedule AQ as provided under Subsection [
67-19-15
] 
63A-17-301
(1)(k).
(3) (a) The [
executive
] director shall prepare, maintain, and revise a position
classification plan for each employee position not exempted under Subsection (2) to provide
equal pay for equal work.
(b) Classification of positions shall be based upon similarity of duties performed and
responsibilities assumed, so that the same job requirements and the same salary range may be
applied equitably to each position in the same class.
(c) The [
executive
] director shall allocate or reallocate the position of each employee in
classified service to one of the classes in the classification plan.
(d) (i) The [
department
] 
division
 shall conduct periodic studies and interviews to
provide that the classification plan remains reasonably current and reflects the duties and
responsibilities assigned to and performed by employees.
(ii) The [
executive
] director shall determine the need for studies and interviews after
considering factors such as changes in duties and responsibilities of positions or agency
reorganizations.
(4) (a) With the approval of the 
executive director and the
 governor, the [
executive
]
director shall develop and adopt pay plans for each position in classified service.
(b) The [
executive
] director shall design each pay plan to achieve, to the degree that
funds permit, comparability of state salary ranges to the market using data obtained from
private enterprise and other public employment for similar work.
(c) The [
executive
] director shall adhere to the following in developing each pay plan:
(i) [
Each
] 
each
 pay plan shall consist of sufficient salary ranges to:
(A) permit adequate salary differential among the various classes of positions in the
classification plan; and
(B) reflect the normal growth and productivity potential of employees in that class.
(ii) The [
executive
] director shall issue rules for the administration of pay plans.
(d) The establishing of a salary range is a nondelegable activity and is not appealable
under the grievance procedures of [
Sections 
67-19-30
 through 
67-19-32
, Chapter 19a,
Grievance Procedures
] 
Part 6, Grievance Provisions, Title 67, Chapter 19a, Grievance
Provisions
, or otherwise.
(e) The [
executive
] director shall issue rules providing for:
(i) agency approved salary adjustments within approved salary ranges, including an
administrative salary adjustment;
(ii) legislatively approved salary adjustments within approved salary ranges, including
a merit increase, subject to Subsection (4)(f), or general increase; and
(iii) structure adjustments that modify salary ranges, including a cost of living
adjustment or market comparability adjustment.
(f) A merit increase shall be granted on a uniform and consistent basis to each
employee who receives a rating of "successful" or higher in an annual evaluation of the
employee's productivity and performance.
(5) (a) [
By
] 
On or before
 October 31 of each year, the [
executive
] director shall submit
an annual compensation plan to 
the executive director and
 the governor for consideration in the
executive budget.
(b) The plan described in Subsection (5)(a) may include recommendations, including:
(i) salary increases that generally affect employees, including a general increase or
merit increase;
(ii) salary increases that address compensation issues unique to an agency or
occupation;
(iii) structure adjustments, including a cost of living adjustment or market
comparability adjustment; or
(iv) changes to employee benefits.
(c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the [
executive
] director shall
incorporate the results of a salary survey of a reasonable cross section of comparable positions
in private and public employment in the state into the annual compensation plan.
(B) The salary survey for a law enforcement officer, as defined in Section 
53-13-103
, a
correctional officer, as defined in Section 
53-13-104
, or a dispatcher, as defined in Section
53-6-102
, shall at minimum include the three largest political subdivisions in the state that
employ, respectively, comparable positions.
(C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
Insurance Corporation, Federal Reserve, and National Credit Union Administration.
(ii) The [
executive
] director may cooperate with or participate in any survey conducted
by other public and private employers.
(iii) The [
executive
] director shall obtain information for the purpose of constructing
the survey from the Division of Workforce Information and Payment Services and shall include
employer name, number of persons employed by the employer, employer contact information
and job titles, county code, and salary if available.
(iv) The [
department
] 
division
 shall acquire and protect the needed records in
compliance with the provisions of Section 
35A-4-312
.
(d) The [
executive
] director may incorporate any other relevant information in the plan
described in Subsection (5)(a), including information on staff turnover, recruitment data, or
external market trends.
(e) The [
executive
] director shall:
(i) establish criteria to assure the adequacy and accuracy of data used to make
recommendations described in this Subsection (5); and
(ii) when preparing recommendations use accepted methodologies and techniques
similar to and consistent with those used in the private sector.
(f) (i) Upon request and subject to Subsection (5)(f)(ii), the [
department
] 
division
 shall
make available foundational information used by the [
department
] 
division
 or director in the
drafting of a plan described in Subsection (5)(a), including:
(A) demographic and labor market information;
(B) information on employee turnover;
(C) salary information;
(D) information on recruitment; and
(E) geographic data.
(ii) The [
department
] 
division
 may not provide under Subsection (5)(f)(i) information
or other data that is proprietary or otherwise protected under the terms of a contract or by law.
(g) The governor shall:
(i) consider salary and structure adjustments recommended under Subsection (5)(b) in
preparing the executive budget and shall recommend the method of distributing the
adjustments;
(ii) submit compensation recommendations to the Legislature; and
(iii) support the recommendation with schedules indicating the cost to individual
departments and the source of funds.
(h) If funding is approved by the Legislature in a general appropriations act, the
adjustments take effect on the July 1 following the enactment unless otherwise indicated.
(6) (a) The [
executive
] director shall issue rules for the granting of incentive awards,
including awards for cost saving actions, awards for commendable actions by an employee, or
a market-based award to attract or retain employees.
(b) An agency may not grant a market-based award unless the award is previously
approved by the [
department
] 
division
.
(c) In accordance with Subsection (6)(b), an agency requesting the [
department's
]
division's
 approval of a market-based award shall submit a request and documentation, subject
to Subsection (6)(d), to the [
department
] 
division
.
(d) In the documentation required in Subsection (6)(c), the requesting agency shall
identify for the [
department
] 
division
:
(i) any benefit the market-based award would provide for the agency, including:
(A) budgetary advantages; or
(B) recruitment advantages;
(ii) a mission critical need to attract or retain unique or hard to find skills in the market;
or
(iii) any other advantage the agency would gain through the utilization of a
market-based award.
(7) (a) The [
executive
] director shall regularly evaluate the total compensation program
of state employees in the classified service.
(b) The [
department
] 
division
 shall determine if employee benefits are comparable to
those offered by other private and public employers using information from:
(i) a study conducted by a third-party consultant; or
(ii) the most recent edition of a nationally recognized benefits survey.
Section 121. Section 
63A-17-401
, which is renumbered from Section 67-19-13 is
renumbered and amended to read:
Part 4. Payroll
[
67-19-13
].
 63A-17-401.
Examination of payrolls and certification of employee
eligibility by the director.
(1) The [
executive
] director may examine payrolls at any time to determine conformity
with this chapter and [
the regulations
] 
administrative rules
.
(2) No new employee shall be hired in a position covered by this chapter, and no
employee shall be changed in pay, title or status, nor shall any employee be paid unless
certified by the [
executive
] director as eligible under the provisions of or [
regulations
promulgated
] 
rules made
 pursuant to this chapter.
Section 122. Section 
63A-17-402
, which is renumbered from Section 67-19-13.5 is
renumbered and amended to read:
[
67-19-13.5
].
 63A-17-402.
Division provides payroll services to executive
branch agencies -- Report.
(1) As used in this section:
(a) (i) "Executive branch entity" means a department, division, agency, board, or office
within the executive branch of state government that employs a person who is paid through the
central payroll system developed by the Division of Finance as of December 31, 2011.
(ii) "Executive branch entity" does not include:
(A) the Office of the Attorney General;
(B) the Office of the State Treasurer;
(C) the Office of the State Auditor;
(D) the Department of Transportation;
(E) the [
Department
] 
Division
 of Technology Services;
(F) the Department of Public Safety;
(G) the Department of Natural Resources; or
(H) the Utah Schools for the Deaf and the Blind.
(b) (i) "Payroll services" means using the central payroll system as directed by the
Division of Finance to:
(A) enter and validate payroll reimbursements, which include reimbursements for
mileage, a service award, and other wage types;
(B) calculate, process, and validate a retirement;
(C) enter a leave adjustment; and
(D) certify payroll by ensuring an entry complies with a rule or policy adopted by the
department or the Division of Finance.
(ii) "Payroll services" does not mean:
(A) a function related to payroll that is performed by an employee of the Division of
Finance;
(B) a function related to payroll that is performed by an executive branch agency on
behalf of a person who is not an employee of the executive branch agency;
(C) the entry of time worked by an executive branch agency employee into the central
payroll system; or
(D) approval or verification by a supervisor or designee of the entry of time worked.
(2) The [
department
] 
division
 shall provide payroll services to all executive branch
entities.
(3) After September 19, 2012, an executive branch entity, other than the [
department
]
division
 or the Division of Finance, may not create a full-time equivalent position or part-time
position, or request an appropriation to fund a full-time equivalent position or part-time
position for the purpose of providing payroll services to the entity.
Section 123. Section 
63A-17-403
, which is renumbered from Section 67-19-42 is
renumbered and amended to read:
[
67-19-42
].
 63A-17-403.
Employee cost disclosure.
The Division of Finance shall, at least annually, plainly disclose to all state employees
the costs of compensation and benefits that are paid by the state in dollar figures.
Section 124. Section 
63A-17-501
 is enacted to read:
Part 5. Hours and Leave
 63A-17-501.
Definitions.
As used in this part:
(1) "Continuing medical and life insurance benefits" means the state provided policy of
medical insurance and the state provided portion of a policy of life insurance, each offered at
the same:
(a) benefit level and the same proportion of state/member participation in the total
premium costs as an active member as defined in Section 
49-11-102
; and
(b) coverage level for a member, two person, or family policy as provided to the
member at the time of retirement.
(2) "Converted sick leave" means leave that has been converted from unused sick leave
in accordance with Section 
63A-17-506
 which may be used by an employee in the same
manner as:
(a) annual leave;
(b) sick leave; or
(c) unused accumulated sick leave after the employee's retirement for the purchase of
continuing medical and life insurance benefits under Sections 
63A-17-507
, 
63A-17-508
, and
63A-17-804
.
Section 125. Section 
63A-17-502
, which is renumbered from Section 67-19-6.7 is
renumbered and amended to read:
[
67-19-6.7
].
 63A-17-502.
Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
state employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state; and
(B) who exercises managerial, policy-making, or advisory responsibility.
(c) "Department" means the Department of [
Administrative Services
] 
Government
Operations
, the Department of Corrections, the Department of Financial Institutions, the
Department of Alcoholic Beverage Control, the Insurance Department, the Public Service
Commission, the Labor Commission, the Department of Agriculture and Food, the Department
of Human Services, the Department of Natural Resources, [
the Department of Technology
Services,
] the Department of Transportation, the Department of Commerce, the Department of
Workforce Services, the State Tax Commission, the Department of Heritage and Arts, the
Department of Health, the National Guard, the Department of Environmental Quality, the
Department of Public Safety, [
the Department of Human Resource Management,
] the
Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the
Office of the Attorney General, merit employees in the Office of the State Treasurer, merit
employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and
the Board of Pardons and Parole.
(d) "Elected official" means any person who is an employee of the state because the
person was elected by the registered voters of Utah to a position in state government.
(e) "Exempt employee" means a state employee who is exempt as defined by the Fair
Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
compensation the nonexempt employee will receive for overtime.
(h) "Nonexempt employee" means a state employee who is nonexempt as defined by
the [
Department of Human Resource Management
] 
division
 applying FLSA requirements.
(i) "Overtime" means actual time worked in excess of the employee's defined work
period.
(j) "Overtime year" means the year determined by a department under Subsection
(4)(b) at the end of which an exempt employee's accrued overtime lapses.
(k) "State employee" means every person employed by a department who is not:
(i) an appointed official;
(ii) an elected official; or
(iii) a member of a board or commission who is paid only for per diem or travel
expenses.
(l) "Uniform annual date" means the date when an exempt employee's accrued
overtime lapses.
(m) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the Fair Labor
Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b) In the FLSA agreement, the nonexempt employee shall elect either to be
compensated for overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this Subsection (3)
shall be paid for any overtime worked in excess of the cap established by the [
Department of
Human Resource Management
] 
division
.
(d) Before working any overtime, each nonexempt employee shall obtain authorization
to work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If [
the
] 
a
 department pays a nonexempt employee for overtime, [
the
] 
that
department shall charge that payment to [
the
] 
that
 department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
compensate exempt employees who work overtime by granting them time off at the rate of one
hour off for each hour of overtime worked.
(ii) The [
executive
] director of the [
Department of Human Resource Management
]
division
 may grant limited exceptions to this requirement, where work circumstances dictate,
by authorizing a department to pay employees for overtime worked at the rate per hour that the
employee receives for nonovertime work, if [
the
] 
that
 department has funds available.
(b) (i) Each department shall:
(A) establish in its written human resource policies a uniform annual date for each
division that is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the [
executive
] director of the [
Department of Human Resource Management
]
division
, in conjunction with the director of the Division of Finance, shall establish the date for
that department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time,
and upon termination, retirement, or other situations where the employee will not return to
work before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established
by [
the Department of Human Resource Management
] 
division
 rule lapses; and
(ii) unless authorized by the [
executive
] director of the [
Department of Human
Resource Management
] 
division
 under Subsection (4)(a)(ii), a department may not compensate
the exempt employee for that lapsed overtime by paying the employee for the overtime or by
granting the employee time off for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from the exempt employee's immediate supervisor.
(f) If [
the
] 
a
 department pays an exempt employee for overtime under authorization
from the [
executive
] director of the [
Department of Human Resource Management, the
]
division, that
 department shall charge that payment to [
the
] 
that
 department's budget in the pay
period earned.
(5) The [
Department of Human Resource Management
] 
division
 shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and
procedures for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations
made by the [
Department of Human Resource Management
] 
division
 as required by this
section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) 
(a)
 In coordination with the procedures for recording overtime worked established
in rule by the [
Department of Human Resource Management
] 
division
, the Division of Finance
shall modify its payroll and human resource systems to accommodate those procedures.
[
(a)
] 
(b)
 Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, Section [
67-19-31
] 
63A-17-602
, and Section 
67-19a-301
, any
employee who is aggrieved by the FLSA designation made by the [
Department of Human
Resource Management
] 
division
 as required by this section may appeal that determination to
the [
executive
] director of the [
Department of Human Resource Management
] 
division
 by
following the procedures and requirements established in [
Department of Human Resource
Management
] 
division
 rule.
[
(b)
] 
(c)
 Upon receipt of an appeal under this section, the [
executive
] director shall
notify the executive director of the employee's department that the appeal has been filed.
[
(c)
] 
(d)
 If the employee is aggrieved by the decision of the [
executive director of the
Department of Human Resource Management
] 
director
, the employee shall appeal that
determination to the Department of Labor, Wage and Hour Division, according to the
procedures and requirements of federal law.
Section 126. Section 
63A-17-503
, which is renumbered from Section 67-19-12.7 is
renumbered and amended to read:
[
67-19-12.7
].
 63A-17-503.
Accumulated annual leave -- Conversion to
deferred compensation plan.
(1) The [
department
] 
division
 shall implement a program whereby an employee may,
upon termination of employment or retirement, elect to convert any unused annual leave into
any of the employee's designated deferred compensation accounts that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be converted into the
employee's deferred compensation account at the employee's pay rate at the time of termination
or retirement.
(3) No employee may convert hours of accrued annual leave to the extent that any
hours so converted would exceed the maximum amount authorized by the Internal Revenue
Code for each calendar year.
Section 127. Section 
63A-17-504
, which is renumbered from Section 67-19-12.9 is
renumbered and amended to read:
[
67-19-12.9
].
 63A-17-504.
 Accumulated annual leave -- Annual
conversion to deferred compensation plan.
(1) If the Legislature in an annual appropriations act with accompanying intent
language specifically authorizes and fully funds the estimated costs of this use, the
[
department
] 
division
 shall implement a program that allows an employee, in the approved
calendar year, to elect to convert up to 20 hours of annual leave, in whole hour increments not
to exceed $250 in value, into any of the employee's designated deferred compensation accounts
that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be:
(a) converted into the employee's deferred compensation account at the employee's pay
rate at the time of conversion; and
(b) calculated in the last pay period of the leave year as determined by the Division of
Finance.
(3) An employee may not convert hours of accrued annual leave to the extent that any
hours converted would:
(a) exceed the maximum amount authorized by the Internal Revenue Code for the
calendar year; or
(b) cause the employee's balance of accumulated annual leave to drop below the
maximum accrual limit provided by rule.
Section 128. Section 
63A-17-505
, which is renumbered from Section 67-19-14 is
renumbered and amended to read:
[
67-19-14
].
 63A-17-505.
Sick leave -- Definitions -- Unused sick days retirement
programs -- Rulemaking.
[
(1) As used in this section through Section 
67-19-14.4
:
]
[
(a) "Continuing medical and life insurance benefits" means the state provided policy
of medical insurance and the state provided portion of a policy of life insurance, each offered at
the same:
]
[
(i) benefit level and the same proportion of state/member participation in the total
premium costs as an active member as defined in Section 
49-11-102
; and
]
[
(ii) coverage level for a member, two person, or family policy as provided to the
member at the time of retirement.
]
[
(b) "Converted sick leave" means leave that has been converted from unused sick
leave in accordance with Section 
67-19-14.1
 which may be used by an employee in the same
manner as:
]
[
(i) annual leave;
]
[
(ii) sick leave; or
]
[
(iii) unused accumulated sick leave after the employee's retirement for the purchase of
continuing medical and life insurance benefits under Sections 
67-19-14.2
, 
67-19-14.3
, and
67-19-14.4
.
]
[
(2)
] 
(1)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the [
executive
] director shall make rules:
(a) for the procedures to implement the provisions of this section through Section
[
67-19-14.4
] 
63A-17-508
; and
(b) to establish the maximum number of hours of converted sick leave an employee
may accrue.
[
(3)
] 
(2)
 The Division of Finance shall develop and maintain a system of accounting
for employee sick leave and converted sick leave as necessary to implement the provisions of
this section through Section [
67-19-14.4
] 
63A-17-508
.
Section 129. Section 
63A-17-506
, which is renumbered from Section 67-19-14.1 is
renumbered and amended to read:
[
67-19-14.1
].
 63A-17-506.
Converted sick leave.
Converted sick leave hours that are not used prior to an employee's retirement date shall
be used under the:
(1) Unused Sick Leave Retirement Option Program I under Section [
67-19-14.2
]
63A-17-507
 if earned prior to January 1, 2006, unless the transfer is made under Subsection
[
67-19-14.4
] 
63A-17-508
(1)(c); or
(2) Unused Sick Leave Retirement Option Program II under Section [
67-19-14.4
]
63A-17-508
 if earned on or after January 1, 2006.
Section 130. Section 
63A-17-507
, which is renumbered from Section 67-19-14.2 is
renumbered and amended to read:
[
67-19-14.2
].
 63A-17-507.
Unused Sick Leave Retirement Option Program
I -- Creation -- Payout upon eligibility for allowance -- Continuing medical and life
insurance benefits after retirement.
(1) (a) There is created the "Unused Sick Leave Retirement Option Program I."
(b) An agency may offer the Unused Sick Leave Retirement Option Program I to an
employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
State Retirement and Insurance Benefit Act.
(2) The Unused Sick Leave Retirement Option Program I provides that upon becoming
eligible to receive a retirement allowance an employee who was employed by the state prior to
January 1, 2006:
(a) receives a contribution under Subsection (3) for 25% of the employee's unused
accumulated sick leave accrued prior to January 1, 2006, at the employee's rate of pay at the
time of retirement; and
(b) may purchase additional continuing medical and life insurance benefits in
accordance with Subsection (4).
(3) (a) Subject to federal requirements and limitations, the contribution under
Subsection (2)(a) shall be transferred directly to the employee's defined contribution plan
qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
State Retirement Board.
(b) If the amount calculated under Subsection (2)(a) exceeds the federal contribution
limitations, the employee's unused accumulated sick leave hours representing the excess shall
be used for the purchase of continuing medical and life insurance benefits under Subsection
(4).
(4) (a) An employee may purchase continuing medical and life insurance benefits, at
the rate of one month's coverage per policy for eight hours of unused sick leave remaining after
the contribution of unused sick leave under Subsection (2)(a).
(b) The medical coverage level for member, two person, or family coverage that is
provided to the member at the time of retirement is the maximum coverage level available to
the member under this program.
(c) The purchase of continuing medical and life insurance benefits at the rate provided
under Subsection (4)(a) may be used by the employee to extend coverage:
(i) until the employee reaches the age of eligibility for Medicare; or
(ii) if the employee has reached the age of eligibility for Medicare, continuing medical
benefits for the employee's spouse may be purchased until the employee's spouse reaches the
age of eligibility for Medicare.
(d) An employee and the employee's spouse who are or who later become eligible for
Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage
for eight hours of the employee's unused sick leave per person.
(5) (a) The continuing medical and life insurance benefits purchased by an employee
under Subsection (4):
(i) may not be suspended or deferred for future use; and
(ii) continues in effect until exhausted.
(b) An employer participating in the Program I benefits under this section may not
provide medical or life insurance benefits to a person who is:
(i) reemployeed after retirement; and
(ii) receiving benefits under this section.
Section 131. Section 
63A-17-508
, which is renumbered from Section 67-19-14.4 is
renumbered and amended to read:
[
67-19-14.4
].
 63A-17-508.
Unused Sick Leave Retirement Program II --
Creation -- Remuneration upon eligibility for allowance -- Medical expense account after
retirement.
(1) (a) There is created the "Unused Sick Leave Retirement Program II."
(b) An agency shall offer the Unused Sick Leave Retirement Option Program II to an
employee who is eligible to receive a retirement allowance in accordance with Title 49, Utah
State Retirement and Insurance Benefit Act.
(c) An employee who is participating in the Unused Sick Leave Retirement Program I
under Section [
67-19-14.2
] 
63A-17-507
 may make a one-time and irrevocable election to
transfer all unused sick leave hours which shall include all converted sick leave hours under
Section [
67-19-14.1
] 
63A-17-506
 for use under the Unused Sick Leave Retirement Program II
under this section.
(2) (a) The Unused Sick Leave Retirement Program II provides that upon becoming
eligible to receive a retirement allowance an employee employed by the state between January
1, 2006, and January 3, 2014, shall receive remuneration for the employee's unused
accumulated sick leave and converted sick leave accrued between January 1, 2006, and January
3, 2014, in accordance with this section as follows:
(i) subject to federal requirements and limitations, a contribution at the employee's rate
of pay at the time of retirement for 25% of the employee's unused accumulated sick leave and
converted sick leave shall be transferred directly to the employee's defined contribution plan
qualified under Section 401(k) of the Internal Revenue Code which is sponsored by the Utah
State Retirement Board; and
(ii) participation in a benefit plan that provides for reimbursement for medical
expenses using money deposited at the employee's rate of pay at the time of retirement from
remaining unused accumulated sick leave and converted sick leave balances.
(b) If the amount calculated under Subsection (2)(a)(i) exceeds the federal contribution
limitations, the amount representing the excess shall be deposited under Subsection (2)(a)(ii).
(c) An employee's rate of pay at the time of retirement for purposes of Subsection
(2)(a)(ii) may not be less than the average rate of pay of state employees who retired in the
same retirement system under Title 49, Utah State Retirement and Insurance Benefit Act,
during the previous calendar year.
(3) The Utah State Retirement Office shall develop and maintain a program to provide
a benefit plan that provides for reimbursement for medical expenses under Subsection (2)(a)(ii)
with money deposited under Subsection (2)(a)(ii).
Section 132. Section 
63A-17-509
, which is renumbered from Section 67-19-14.5 is
renumbered and amended to read:
[
67-19-14.5
].
 63A-17-509.
Organ donor leave.
(1) An employee who serves as a bone marrow donor shall be granted a paid leave of
absence of up to seven days that are necessary for the donation and recovery from the donation.
(2) An employee who serves as a donor of a human organ shall be granted a paid leave
of absence of up to 30 days that are necessary for the donation and recovery from the donation.
(3) In recognition of National Donate Life Month, 2015, created by Proclamation No.
9248, 80 F.R. 18511 (April 1, 2015), the department shall distribute an electronic message to
each employee during the month of April publicizing the leave offered under this section.
Section 133. Section 
63A-17-510
, which is renumbered from Section 67-19-14.6 is
renumbered and amended to read:
[
67-19-14.6
].
 63A-17-510.
Annual leave -- Definitions -- Previously
accrued hours -- Recognition of liability.
(1) As used in this section:
(a) (i) "Annual leave II" means leave hours an employing agency provides to an
employee, beginning on the change date established in Subsection (2), as time off from work
for personal use without affecting the employee's pay.
(ii) "Annual leave II" does not include:
(A) legal holidays under Section 
63G-1-301
;
(B) time off as compensation for actual time worked in excess of an employee's
defined work period;
(C) sick leave;
(D) paid or unpaid administrative leave; or
(E) other paid or unpaid leave from work provided by state statute, administrative rule,
or by federal law or regulation.
(b) "Change date" means the date established by the Division of Finance under
Subsection (2) when annual leave II begins for a state agency.
(2) In accordance with the Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Division of Finance shall establish a date that is no later than January 2, 2016, when a state
agency shall offer annual leave II in lieu of annual leave to an employee who is eligible to
receive paid leave.
(3) An employing agency shall allow an employee who has an unused balance of
accrued annual leave before the change date, to use the annual leave under the same rules that
applied to the leave on the change date.
(4) (a) At the time of employee accrual of annual leave II, an employing agency shall
set aside the cost of each hour of annual leave II for each eligible employee in an amount
determined in accordance with rules made by the Division of Finance.
(b) The rules made under Subsection (4)(a) shall consider:
(i) the employee hourly rate of pay;
(ii) applicable employer paid taxes that would be required if the employee was paid for
the annual leave II instead of using it for time off;
(iii) other applicable employer paid benefits; and
(iv) adjustments due to employee hourly rate changes, including the effect on accrued
annual leave II balances.
(c) The Division of Finance shall provide that the amount of costs set aside under
Subsection (4)(a) and deposited into the fund increase by at least the projected increase in
annual leave liability for that year, until the year-end trust fund balances are reached as required
under Subsection 
67-19f-201
(3)(b).
(5) The cost set aside under Subsection (4) shall be deposited by the Division of
Finance into the State Employees' Annual Leave Trust Fund created in Section 
67-19f-201
.
(6) For annual leave hours accrued before the change date, an employing agency shall
continue to comply with the Division of Finance requirements for contributions to the
termination pool.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) the [
department
] 
division
 shall make rules for the accrual and use of annual leave II
provided under this section; and
(b) the Division of Finance shall make rules for the set aside provisions under
Subsections (4) and (5).
Section 134. Section 
63A-17-511 (Effective 07/01/21)
, which is renumbered from
Section 67-19-14.7 (Effective 07/01/21) is renumbered and amended to read:
[
67-19-14.7 (Effective 07/01/21)
].
 63A-17-511 (Effective 07/01/21).
Postpartum
recovery leave.
(1) As used in this section:
(a) "Eligible employee" means an employee who:
(i) is in a position that receives retirement benefits under Title 49, Utah State
Retirement and Insurance Benefit Act;
(ii) accrues paid leave benefits that can be used in the current and future calendar years;
(iii) is not reemployed as defined in Section 
49-11-1202
; and
(iv) gives birth to a child.
(b) "Postpartum recovery leave" means leave hours a state employer provides to an
eligible employee to recover from childbirth.
(c) "Retaliatory action" means to do any of the following to an employee:
(i) dismiss the employee;
(ii) reduce the employee's compensation;
(iii) fail to increase the employee's compensation by an amount that the employee is
otherwise entitled to or was promised;
(iv) fail to promote the employee if the employee would have otherwise been
promoted; or
(v) threaten to take an action described in Subsections (1)(c)(i) through (iv).
(d) (i) "State employer" means:
(A) a state executive branch agency, including the State Tax Commission, the National
Guard, and the Board of Pardons and Parole;
(B) the legislative branch of the state; or
(C) the judicial branch of the state.
(ii) "State employer" does not include:
(A) an institute of higher education;
(B) the Utah Board of Higher Education;
(C) the State Board of Education;
(D) an independent entity as defined in Section 
63E-1-102
;
(E) the Attorney General's Office;
(F) the State Auditor's Office; or
(G) the State Treasurer's Office.
(2) (a) Except as provided in Subsection (3), a state employer shall allow an eligible
employee to use up to 120 hours of paid postpartum recovery leave based on a 40-hour work
week for recovery from childbirth.
(b) A state employer shall allow an eligible employee who is part-time or who works in
excess of a 40-hour work week or its equivalent to use the amount of postpartum recovery
leave available to the eligible employee under this section on a pro rata basis as adopted by rule
by the [
department
] 
division
 under Subsection (11).
(3) (a) Postpartum recovery leave described in Subsection (2):
(i) shall be used starting on the day on which the eligible employee gives birth, unless a
health care provider certifies that an earlier start date is medically necessary;
(ii) shall be used in a single continuous period; and
(iii) runs concurrently with any leave authorized under the Family and Medical Leave
Act of 1993, 29 U.S.C. Sec. 2601 et seq.
(b) The amount of postpartum recovery leave authorized under Subsection (2) does not
increase if an eligible employee has more than one child born from the same pregnancy.
(4) (a) Except as provided in Subsection (4)(b), an eligible employee shall give the
state employer notice at least 30 days before the day on which the eligible employee plans to:
(i) begin using postpartum recovery leave under this section; and
(ii) stop using postpartum recovery leave under this section.
(b) If circumstances beyond the eligible employee's control prevent the eligible
employee from giving notice in accordance with Subsection (4)(a), the eligible employee shall
give each notice described in Subsection (4)(a) as soon as reasonably practicable.
(5) A state employer may not charge postpartum recovery leave under this section
against sick, annual, or other leave.
(6) A state employer may not compensate an eligible employee for any unused
postpartum recovery leave upon termination of employment.
(7) (a) Following the expiration of an eligible employee's postpartum recovery leave
under this section, the state employer shall ensure that the eligible employee may return to:
(i) the position that the eligible employee held before using postpartum recovery leave;
or
(ii) a position within the state employer that is equivalent in seniority, status, benefits,
and pay to the position that the eligible employee held before using postpartum recovery leave.
(b) If during the time an eligible employee uses postpartum recovery leave under this
section the state employer experiences a reduction in force and, as part of the reduction in
force, the eligible employee would have been separated had the eligible employee not been
using the postpartum recovery leave, the state employer may separate the eligible employee in
accordance with any applicable process or procedure as if the eligible employee were not using
the postpartum recovery leave.
(8) During the time an eligible employee uses postpartum recovery leave under this
section, the eligible employee shall continue to receive all employment related benefits and
payments at the same level that the eligible employee received immediately before beginning
the postpartum leave, provided that the eligible employee pays any required employee
contributions.
(9) A state employer may not:
(a) interfere with or otherwise restrain an eligible employee from using postpartum
recovery leave in accordance with this section; or
(b) take retaliatory action against an eligible employee for using postpartum recovery
leave in accordance with this section.
(10) A state employer shall provide each employee written information regarding an
eligible employee's right to use postpartum recovery leave under this section.
(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the [
department
] 
division
 shall, by July 1, 2021, make rules for the use and administration of
postpartum recovery leave under this section, including a schedule that provides paid or
postpartum recovery leave for an eligible employee who is part-time or who works in excess of
a 40-hour work week on a pro rata basis.
Section 135. Section 
63A-17-512
, which is renumbered from Section 67-19-27 is
renumbered and amended to read:
[
67-19-27
].
 63A-17-512.
Leave of absence with pay for employees with a
disability who are covered under other civil service systems.
(1) As used in this section:
(a) "Eligible officer" means a person who qualifies for a benefit under this section.
(b) (i) "Law enforcement officer" means a sworn and certified peace officer who is an
employee of a law enforcement agency that is part of or administered by the state, and whose
primary and principal duties consist of the prevention and detection of crime and the
enforcement of criminal statutes of this state.
(ii) "Law enforcement officer" specifically includes the following:
(A) the commissioner of public safety and any member of the Department of Public
Safety certified as a peace officer;
(B) all persons specified in Sections 
23-20-1.5
 and 
79-4-501
;
(C) investigators for the Motor Vehicle Enforcement Division;
(D) special agents or investigators employed by the attorney general;
(E) employees of the Department of Natural Resources designated as peace officers by
law;
(F) the executive director of the Department of Corrections and any correctional
enforcement or investigative officer designated by the executive director and approved by the
commissioner of public safety and certified by the division; and
(G) correctional enforcement, investigative, or adult probation and parole officers
employed by the Department of Corrections serving on or before July 1, 1993.
(c) "State correctional officer" means a correctional officer as defined in Section
53-13-104
 who is employed by the Department of Corrections.
(2) (a) A law enforcement officer or state correctional officer who is injured in the
course of employment shall be given a leave of absence with 100% of the officer's regular
monthly salary and benefits during the period the employee has a temporary disability.
(b) The benefit provided under Subsection (2)(a):
(i) shall be offset as provided under Subsection (4); and
(ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
all offsets required under Subsection (4).
(3) (a) A law enforcement officer or state correctional officer who has a total disability
as defined in Section 
49-21-102
, shall be given a leave of absence with 100% of the officer's
regular monthly salary and benefits until the officer is eligible for an unreduced retirement
under Title 49, Utah State Retirement and Insurance Benefit Act, or reaches the retirement age
of 62 years, whichever occurs first, if:
(i) the disability is a result of an injury sustained while in the lawful discharge of the
officer's duties; and
(ii) the injury is the result of:
(A) a criminal act upon the officer; or
(B) an aircraft, vehicle, or vessel accident and the officer was not negligent in causing
the accident.
(b) The benefit provided under Subsection (3)(a):
(i) shall be offset as provided under Subsection (4); and
(ii) may not exceed 100% of the officer's regular monthly salary and benefits, including
all offsets required under Subsection (4).
(4) (a) The agency shall reduce or require the reimbursement of the monthly benefit
provided under this section by any amount received by, or payable to, the eligible officer for
the same period of time during which the eligible officer is entitled to receive a monthly
disability benefit under this section.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
department
] 
division
 shall make rules establishing policies and procedures for the reductions
required under Subsection (4)(a).
Section 136. Section 
63A-17-601
, which is renumbered from Section 67-19-30 is
renumbered and amended to read:
Part 6. Grievance Provisions
[
67-19-30
].
 63A-17-601.
Grievance resolution -- Jurisdiction.
(1) Employees shall comply with the procedural and jurisdictional requirements of this
section, Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 19a, Grievance
Procedures, in seeking resolution of grievances.
(2) All grievances based upon a claim or charge of injustice or oppression, including
dismissal from employment, resulting from an act, occurrence, commission, or condition shall
be governed by 
Title 67,
 Chapter 19a, Grievance Procedures, and Title 63G, Chapter 4,
Administrative Procedures Act.
(3) All grievances involving classification shall be governed by Section [
67-19-31
]
63A-17-602
 and are designated as informal adjudicative proceedings as defined by Title 63G,
Chapter 4, Administrative Procedures Act.
(4) All grievances by applicants for positions in state government involving an alleged
discriminatory or prohibited employment practice shall be governed by Section [
67-19-32
]
63A-17-603
 and Title 63G, Chapter 4, Administrative Procedures Act.
(5) A "grievance" under this chapter is a request for agency action for purposes of Title
63G, Chapter 4, Administrative Procedures Act.
Section 137. Section 
63A-17-602
, which is renumbered from Section 67-19-31 is
renumbered and amended to read:
[
67-19-31
].
 63A-17-602.
Position classification grievances -- Scope -- Procedure.
(1) (a) For the purpose of position classification grievances, the process that culminates
in assigning a career service position to an appropriate class specification is a matter of position
classification and may be grieved.
(b) The process that culminates in assigning a salary range to the class specification is
not a position classification and may not be grieved as a classification grievance.
(2) (a) Upon receipt of a position classification grievance, the [
executive
] director shall
refer the grievance to a classification panel of three or more impartial persons trained in state
classification procedures.
(b) The classification panel shall determine whether or not the classification
assignment for career service positions was appropriate by applying the statutes, rules, and
procedures adopted by the [
department
] 
division
 that were in effect at the time of the
classification change.
(c) The classification panel may:
(i) obtain access to previous audits, classification decisions, and reports;
(ii) request new or additional audits by human resource analysts; and
(iii) consider new or additional information.
(d) The classification panel may sustain or modify the original decision and, if
applicable, recommend a new classification.
(e) The classification panel shall report [
its
] 
the classification panel's
 recommendation
to the [
executive
] director, who shall make the classification decision and notify the grievant.
(3) (a) Either party may appeal the [
executive
] director's decision to an impartial
hearing officer trained in state classification procedures selected through a public bid process
by a panel consisting of the following members:
[
(i) the executive director of the Department of Human Resource Management;
]
(i) a current or former government employee with experience in human resource
management;
(ii) two department executive directors;
(iii) a private sector human resources executive appointed by the governor; and
(iv) a representative of the Utah Public Employees Association.
(b) The successful bid shall serve under contract for no more than three years. At the
end of that time, the [
Department of Human Resource Management
] 
division
 shall reissue the
bid.
(c) The hearing officer shall review the classification and make the final decision. The
final decision is subject to judicial review pursuant to the provisions of Section 
63G-4-402
.
Section 138. Section 
63A-17-603
, which is renumbered from Section 67-19-32 is
renumbered and amended to read:
[
67-19-32
].
 63A-17-603.
Discriminatory/prohibited employment practices
grievances -- Procedures.
(1) An applicant for a position in state government, a probationary employee, career
service employee, or an exempt employee who alleges a discriminatory or prohibited
employment practice as defined in Section 
34A-5-106
 may submit a written grievance to the
department head where the alleged unlawful act occurred.
(2) Within 10 working days after a written grievance is submitted under Subsection (1),
the department head shall issue a written response to the grievance stating his decision and the
reasons for the decision.
(3) If the department head does not issue a decision within 10 days, or if the grievant is
dissatisfied with the decision, the grievant may submit a complaint to the Division of
Antidiscrimination and Labor, pursuant to Section 
34A-5-107
.
Section 139. Section 
63A-17-701
, which is renumbered from Section 67-19e-102 is
renumbered and amended to read:
Part 7. Administrative Law Judges
[
67-19e-102
].
 63A-17-701.
Definitions.
In addition to the definitions found in Section [
67-19-3
, the following definitions apply
to this chapter
] 
63A-17-102
, as used in this part
:
(1) (a) "Administrative law judge" means an individual who is employed or contracted
by a state agency who:
(i) presides over or conducts formal administrative hearings on behalf of an agency;
(ii) has the power to administer oaths, rule on the admissibility of evidence, take
testimony, evaluate evidence, and make determinations of fact; and
(iii) issues written orders, rulings, or final decisions on behalf of an agency.
(b) "Administrative law judge" does not mean:
(i) an individual who reviews an order or ruling of an administrative law judge; or
(ii) the executive director of a state agency.
(2) "Committee" means the Administrative Law Judge Conduct Committee created in
Section [
67-19e-108
] 
63A-17-708
.
[
(3) "Department" means the Department of Human Resource Management created in
Section 
67-19-5
.
]
[
(4) "Executive director" means the executive director of the department.
]
Section 140. Section 
63A-17-702
, which is renumbered from Section 67-19e-103 is
renumbered and amended to read:
[
67-19e-103
].
 63A-17-702.
Administrative law judges -- Applicability --
Destruction of evidence.
(1) (a) Except as provided in Subsections (1)(b) and (2), the provisions of this [
chapter
]
part
 apply to an administrative law judge who conducts formal adjudicative proceedings.
(b) Except as provided in Subsection (2), the provisions of this [
chapter
] 
part
 do not
apply to an administrative law judge who is employed by or contracts with:
(i) the Board of Pardons and Parole;
(ii) the Department of Corrections; or
(iii) the State Tax Commission.
(2) The code of conduct established by the [
department
] 
division
 under Subsection
[
67-19e-104
] 
63A-17-703
(4) applies to all administrative law judges.
(3) An administrative law judge who tampers with or destroys evidence submitted to
the administrative law judge is subject to the provisions of Section 
76-8-510.5
. This section
does not apply to documents destroyed in accordance with Title 63G, Chapter 2, Government
Records Access and Management Act.
Section 141. Section 
63A-17-703
, which is renumbered from Section 67-19e-104 is
renumbered and amended to read:
[
67-19e-104
].
 63A-17-703.
Rulemaking authority.
The [
department
] 
division
 shall make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act:
(1) establishing minimum performance standards for all administrative law judges;
(2) providing procedures for filing, addressing, and reviewing complaints against
administrative law judges;
(3) providing standards for complaints against administrative law judges;
(4) promulgating a code of conduct for all administrative law judges in all state
agencies; and
(5) establishing a procedural fairness training program as described in Section
[
67-19e-109
] 
63A-17-709
.
Section 142. Section 
63A-17-704
, which is renumbered from Section 67-19e-104.5 is
renumbered and amended to read:
[
67-19e-104.5
].
 63A-17-704.
Hiring of administrative law judges.
(1) Except as provided in Subsection (6), each administrative law judge hired on or
after May 10, 2016, shall be hired in accordance with this section.
(2) If an applicant for an administrative law judge position is selected for an interview
in accordance with applicable law and [
department
] 
division
 rule, the agency shall interview
the applicant by means of a hiring panel.
(3) The hiring panel described in Subsection (2) shall consist of:
(a) the head of the hiring agency;
(b) the head of another agency, appointed by the [
executive
] director; and
(c) the [
executive
] director.
(4) Each individual described in Subsection (3) may designate another individual to
serve on the hiring panel on the individual's behalf.
(5) After the hiring panel completes the interviews for an administrative law judge
position:
(a) the hiring panel shall select the top three applicants for the administrative law judge
position; and
(b) the head of the hiring agency shall:
(i) consider any opinions or feedback from the other members of the hiring panel with
respect to the top three applicants; and
(ii) (A) hire an applicant from the top three applicants to fill the administrative law
judge position; or
(B) decide not to hire any of the top three applicants and restart the hiring process to
fill the administrative law judge position.
(6) This section does not apply to an administrative law judge who is appointed by the
governor. 
Section 143. Section 
63A-17-705
, which is renumbered from Section 67-19e-105 is
renumbered and amended to read:
[
67-19e-105
].
 63A-17-705.
Performance evaluation of administrative law
judges.
(1) [
Beginning January 1, 2014, the department
] 
The division
 shall prepare a
performance evaluation for each administrative law judge contracted or employed by a state
agency.
(2) The performance evaluation for an administrative law judge shall include:
(a) the results of the administrative law judge's performance evaluations conducted by
the employing agency since the administrative law judge's last performance evaluation
conducted by the [
department
] 
division
 in accordance with the performance evaluation
procedure for the agency;
(b) information from the employing agency concerning the administrative law judge's
compliance with minimum performance standards;
(c) the administrative law judge's disciplinary record, if any;
(d) the results of any performance surveys conducted since the administrative law
judge's last performance review conducted by the [
department
] 
division
; and
(e) any other factor that the [
department
] 
division
 considers relevant to evaluating the
administrative law judge's performance.
(3) If an administrative law judge fails to meet the minimum performance standards the
[
department
] 
division
 shall provide a copy of the performance evaluation and survey to the
employing agency.
(4) The [
department
] 
division
 shall conduct performance reviews every four years for
administrative law judges contracted or employed by an agency.
Section 144. Section 
63A-17-706
, which is renumbered from Section 67-19e-106 is
renumbered and amended to read:
[
67-19e-106
].
 63A-17-706.
Performance surveys.
(1) [
For administrative law judges contracted or employed before July 1, 2013,
performance surveys shall be conducted initially at either the two-, three-, or four-year mark
beginning January 1, 2014. By July 1, 2018, all
] 
All
 administrative law judges shall be on a
four-year staggered cycle for performance evaluations.
(2) The performance survey shall include as respondents a sample of each of the
following groups as applicable:
(a) attorneys who have appeared before the administrative law judge as counsel; and
(b) staff who have worked with the administrative law judge.
(3) The [
department
] 
division
 may include an additional classification of respondents if
the [
department
] 
division
:
(a) considers a survey of that classification of respondents helpful to the [
department
]
division
; and
(b) establishes the additional classification of respondents by rule made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) A survey response is anonymous, including any comment included with a survey
response.
(5) If the [
department
] 
division
 provides any information to an administrative law
judge or the committee, the information shall be provided in [
such a way as
] 
a manner
 to
protect the confidentiality of a survey respondent.
(6) If the [
department
] 
division
 establishes an additional classification, in accordance
with Subsection (3), a survey shall be provided to a potential survey respondent within 30 days
of the day on which the case in which the person appeared before the administrative law judge
is closed, exclusive of any appeal. Staff and attorneys may be surveyed at any time during the
survey period.
(7) The performance survey shall include questions relating to whether the
administrative law judge's behavior furthers the following elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the
administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the
administrative law judge; and
(iii) careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(8) The performance survey may include questions concerning an administrative law
judge's:
(a) legal ability, including the following:
(i) demonstration of understanding of the substantive law and any relevant rules of
procedure and evidence;
(ii) attentiveness to factual and legal issues before the administrative law judge;
(iii) adherence to precedent and ability to clearly explain departures from precedent;
(iv) grasp of the practical impact on the parties of the administrative law judge's
rulings, including the effect of delay and increased litigation expense;
(v) ability to write clear opinions and decisions; and
(vi) ability to clearly explain the legal basis for opinions;
(b) temperament and integrity, including the following:
(i) demonstration of courtesy toward attorneys, staff, and others in the administrative
law judge's department;
(ii) maintenance of decorum in the courtroom;
(iii) demonstration of judicial demeanor and personal attributes that promote public
trust and confidence in the administrative law judge system;
(iv) preparedness for oral argument;
(v) avoidance of impropriety or the appearance of impropriety;
(vi) display of fairness and impartiality toward all parties; and
(vii) ability to clearly communicate, including the ability to explain the basis for
written rulings, court procedures, and decisions; and
(c) administrative performance, including the following:
(i) management of workload;
(ii) sharing proportionally the workload within the [
department
] 
division
; and
(iii) issuance of opinions and orders without unnecessary delay.
(9) If the [
department
] 
division
 determines that a certain survey question or category of
questions is not appropriate for a respondent group, the [
department
] 
division
 may omit that
question or category of questions from the survey provided to that respondent group.
(10) (a) The survey shall allow respondents to indicate responses in a manner
determined by the [
department
] 
division
, which shall be:
(i) on a numerical scale from one to five; or
(ii) in the affirmative or negative, with an option to indicate the respondent's inability
to respond in the affirmative or negative.
(b) To supplement the responses to questions on either a numerical scale or in the
affirmative or negative, the [
department
] 
division
 may allow respondents to provide written
comments.
(11) The [
department
] 
division
 shall compile and make available to each
administrative law judge that administrative law judge's survey results with each of the
administrative law judge's performance evaluations.
Section 145. Section 
63A-17-707
, which is renumbered from Section 67-19e-107 is
renumbered and amended to read:
[
67-19e-107
].
 63A-17-707.
Complaints.
(1) A complaint against an administrative law judge shall be filed with the
[
department
] 
division
.
(2) Upon receipt of a complaint, the [
department
] 
division
 shall conduct an
investigation.
(3) If the [
department's
] 
division's
 investigation determines that the complaint is
frivolous or without merit, it may dismiss it without further action. A complaint that merely
indicates disagreement, without further misconduct, with the administrative law judge's
decision shall be treated as without merit.
(4) The contents of all complaints and subsequent investigations are classified as
protected under Title 63G, Chapter 2, Government Records Access and Management Act.
Section 146. Section 
63A-17-708
, which is renumbered from Section 67-19e-108 is
renumbered and amended to read:
[
67-19e-108
].
 63A-17-708.
Administrative Law Judge Conduct Committee.
(1) There is created the Administrative Law Judge Conduct Committee to investigate,
review, and hear complaints filed against administrative law judges.
(2) The committee shall be composed of:
(a) the [
executive
] director, or the [
executive
] director's designee, as chair; and
(b) four executive directors, or their designees, of agencies that employ or contract with
administrative law judges, to be selected by the [
executive
] director as needed.
(3) The [
department
] 
division
 shall provide staff for the committee as needed.
Section 147. Section 
63A-17-709
, which is renumbered from Section 67-19e-109 is
renumbered and amended to read:
[
67-19e-109
].
 63A-17-709.
Procedure for review of complaint by conduct
committee.
(1) Upon a determination that a complaint requires further action, the [
executive
]
director shall select four executive directors or their designees and convene the committee. 
The executive director of the agency that employs or contracts with the administrative law
judge who is the subject of the complaint may not be a member of the committee.
(2) The [
department
] 
division
 shall provide a copy of the complaint, along with the
results of the [
department's
] 
division's
 investigation, to the committee and the administrative
law judge who is the subject of the complaint. If the committee directs, a copy of the
complaint and investigation may also be provided to the attorney general.
(3) The committee shall allow an administrative law judge who is the subject of a
complaint to appear and speak at any committee meeting, except a closed meeting, during
which the committee is deliberating the complaint.
(4) The committee may meet in a closed meeting to discuss a complaint against an
administrative law judge by complying with Title 52, Chapter 4, Open and Public Meetings
Act.
(5) After deliberation and discussion of the complaint and all information provided, the
committee shall provide a report, with a recommendation, to the agency. The recommendation
shall include:
(a) a brief description of the complaint and results of the [
department's
] 
division's
investigation;
(b) the committee's findings; and
(c) a recommendation from the committee whether action should be taken against the
administrative law judge.
(6) Actions recommended by the committee may include no action, disciplinary action,
termination, or any other action an employer may take against an employee.
(7) The record of an individual committee member's vote on recommended actions
against an administrative law judge is a protected record under Title 63G, Chapter 2,
Government Records Access and Management Act.
Section 148. Section 
63A-17-710
, which is renumbered from Section 67-19e-110 is
renumbered and amended to read:
[
67-19e-110
].
 63A-17-710.
Required training.
(1) Each year that an administrative law judge receives a performance evaluation
conducted by the [
department
] 
division
 under this chapter, the administrative law judge shall
complete the procedural fairness training program described in this section.
(2) The [
department
] 
division
 shall establish a procedural fairness training program
that includes training on how an administrative law judge's actions and behavior influence
others' perceptions of the fairness of the adjudicative process.
(3) The procedural fairness training program shall include discussion of the following
elements of procedural fairness:
(a) neutrality, including:
(i) consistent and equal treatment of the individuals who appear before the
administrative law judge;
(ii) concern for the individual needs of the individuals who appear before the
administrative law judge; and
(iii) unhurried and careful deliberation;
(b) respectful treatment of others; and
(c) providing individuals a voice and opportunity to be heard.
(4) The [
department
] 
division
 may contract with a public or private person to develop
or provide the procedural fairness training program.
(5) The [
department
] 
division
 shall ensure that the procedural fairness training program
complies with Title 63G, Chapter 22, State Training and Certification Requirements. 
Section 149. Section 
63A-17-801
, which is renumbered from Section 67-19-6.3 is
renumbered and amended to read:
Part 8. Plans and Programs
[
67-19-6.3
].
 63A-17-801.
Equal employment opportunity plan.
(1) In conjunction with the director's duties under Section [
67-19-6
] 
63A-17-106
, and
notwithstanding the general prohibition in Subsection 
34A-5-106
(3)(c), the [
executive
] director
shall prepare an equal employment opportunity plan for state employment consistent with the
guidelines provided in federal equal employment opportunity laws and in related federal
regulations.
(2) The equal employment opportunity plan required by this section applies only to
state career service employees described in Section [
67-19-15
] 
63A-17-301
.
(3) The Legislature shall review the equal employment opportunity plan required by
this section before it may be implemented.
(4) Nothing in this section requires the establishment of hiring quotas or preferential
treatment of any identifiable group.
Section 150. Section 
63A-17-802
, which is renumbered from Section 67-19-12.2 is
renumbered and amended to read:
[
67-19-12.2
].
 63A-17-802.
Education benefit plan for law enforcement and
correctional officers.
[
(1) As used in this section, "law enforcement officer" has the same meaning as in
Section 
53-13-103
 and "correctional officer" has the same meaning as in Section 
53-13-104
.
]
(1) As used in this section:
(a) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(b) "Correctional officer" means the same as that term is defined in Section 
53-13-104
.
(2) The [
executive
] director shall establish a plan authorizing any agency to implement
an educational compensation program for law enforcement officers and correctional officers
employed by that agency.
(3) The program shall provide that in order for a law enforcement officer or
correctional officer to qualify for education benefits for college or university education, the law
enforcement officer or correctional officer shall:
(a) provide a certified transcript of grades, demonstrating a grade point average of 3.0
or greater, from an accredited college or university; and
(b) have successfully completed the probationary employment period with the
employing agency.
(4) The program shall also provide that the agency may consider a law enforcement
officer or correctional officer to receive additional compensation as follows for higher
education degrees earned on or after April 30, 2001, in a subject area directly related to the law
enforcement officer's or correctional officer's employment with the agency:
(a) 5.5% for an associate's degree;
(b) 5.5% for a bachelor's degree; and
(c) 5.5% for a master's degree.
(5) Expenses incurred by an agency to provide additional compensation under this
section may be only from the agency's existing budget.
Section 151. Section 
63A-17-803
, which is renumbered from Section 67-19-12.5 is
renumbered and amended to read:
[
67-19-12.5
].
 63A-17-803.
Creation of Flexible Benefit Program --
Rulemaking power granted to establish program.
(1) The [
department
] 
division
 shall establish for calendar year 1990 and thereafter a
Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
(2) The [
department
] 
division
 shall establish accounts for all employees eligible for
benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
(3) (a) Each account established under this section shall include employee paid
premiums for health and dental services.
(b) The account may also include, at the option of the employee, out-of-pocket
employee medical and dependent care expenses.
(c) Accounts may also include other expenses allowed under the Internal Revenue
Code of 1986.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
department
] 
division
 may make rules to implement the program established under this section.
Section 152. Section 
63A-17-804
, which is renumbered from Section 67-19-14.3 is
renumbered and amended to read:
[
67-19-14.3
].
 63A-17-804.
Continuation of Insurance Benefits Program --
Creation -- Coverage following death in the line of duty.
(1) There is created the "Continuation of Insurance Benefits Program" to provide a
continuation of insurance to the surviving spouse and family of any state employee whose
death occurs in the line of duty.
(2) The insurance coverage shall be the same coverage as provided under Section
49-20-406
.
(3) The program provides that unused accumulated sick leave of a deceased employee
may be used for additional medical coverage in the same manner as provided under Section
[
67-19-14.2
 or 
67-19-14.4
] 
63A-17-507
 or 
63A-17-508
 as applicable.
Section 153. Section 
63A-17-805
, which is renumbered from Section 67-19-43 is
renumbered and amended to read:
[
67-19-43
].
 63A-17-805.
State employee matching supplemental defined
contribution benefit.
(1) As used in this section:
(a) "Qualifying account" means:
(i) a defined contribution plan qualified under Section 401(k) of the Internal Revenue
Code, which is sponsored by the Utah State Retirement Board; [
or
]
(ii) a deemed Individual Retirement Account authorized under the Internal Revenue
Code, which is sponsored by the Utah State Retirement Board; or
(iii) a similar savings plan or account authorized under the Internal Revenue Code,
which is sponsored by the Utah State Retirement Board.
(b) "Qualifying employee" means an employee who is:
(i) in a position that is:
(A) receiving retirement benefits under Title 49, Utah State Retirement and Insurance
Benefit Act; and
(B) accruing paid leave benefits that can be used in the current and future calendar
years; and
(ii) not an employee who is reemployed as that term is:
(A) defined in Section 
49-11-1202
; or
(B) used in Section 
49-11-504
.
(2) Subject to the requirements of Subsection (3) [
and beginning on or after January 4,
], an employer shall make a biweekly matching contribution to every qualifying
employee's defined contribution plan qualified under Section 401(k) of the Internal Revenue
Code, subject to federal requirements and limitations, which is sponsored by the Utah State
Retirement Board.
(3) (a) In accordance with the requirements of this Subsection (3), each qualifying
employee shall be eligible to receive the same dollar amount for the contribution under
Subsection (2).
(b) A qualifying employee:
(i) shall receive the contribution amount determined under Subsection (3)(c) if the
qualifying employee makes a voluntary personal contribution to one or more qualifying
accounts in an amount equal to or greater than the employer's contribution amount determined
in Subsection (3)(c);
(ii) shall receive a partial contribution amount that is equal to the qualifying employee's
personal contribution amount if the employee makes a voluntary personal contribution to one
or more qualifying accounts in an amount less than the employer's contribution amount
determined in Subsection (3)(c); or
(iii) may not receive a contribution under Subsection (2) if the qualifying employee
does not make a voluntary personal contribution to a qualifying account.
(c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
annually determine the contribution amount that an employer shall provide to each qualifying
employee under Subsection (2).
(ii) The [
department
] 
division
 shall make recommendations annually to the Legislature
on the contribution amount required under Subsection (2), in consultation with the Governor's
Office of Management and Budget and the Division of Finance.
(iii) The biweekly matching contribution amount required under Subsection (2) may
not exceed $26 for each qualifying employee.
(4) A qualifying employee is eligible to receive the biweekly contribution under this
section for any pay period in which the employee is in a paid status or other status protected by
federal or state law.
(5) The employer and employee contributions made and related earnings under this
section vest immediately upon deposit and can be withdrawn by the employee at any time,
subject to Internal Revenue Code regulations on the withdrawals.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
executive
] director shall make rules establishing procedures to implement the provisions of
this section.
Section 154. Section 
63A-17-806
, which is renumbered from Section 67-19-45 is
renumbered and amended to read:
[
67-19-45
].
 63A-17-806.
Definitions -- Infant at Work Pilot Program --
Administration -- Report.
(1) As used in this section:
(a) "Eligible employee" means an employee who has been employed by the
Department of Health for a minimum of:
(i) 12 consecutive months; and
(ii) 1,250 hours, excluding paid time off during the 12-month period immediately
preceding the day on which the employee applies for participation in the program.
(b) "Infant" means a baby that is at least six weeks of age and no more than six months
of age.
(c) "Parent" means:
(i) a biological or adoptive parent of an infant; or
(ii) an individual who has an infant placed in the individual's foster care by the
Division of Child and Family Services.
(d) "Program" means the Infant at Work Pilot Program established in this section.
(2) There is created the Infant at Work Pilot Program for eligible employees.
(3) The program shall:
(a) allow an eligible employee to bring the eligible employee's infant to work subject to
the provisions of this section;
(b) be administered by the [
department
] 
division
; and
(c) be implemented for a minimum of one year.
(4) The [
department
] 
division
 shall establish an application process for eligible
employees of the Department of Health to apply to the program that includes:
(a) a process for evaluating whether an eligible employee's work environment is
appropriate for an infant;
(b) guidelines for infant health and safety; and
(c) guidelines regarding an eligible employee's initial and ongoing participation in the
program.
(5) If the [
department
] 
division
 approves the eligible employee for participation in the
program, the eligible employee shall have the sole responsibility for the care and safety of the
infant at the workplace.
(6) The [
department
] 
division
 may not require the Department of Health to designate or
set aside space for an eligible employee's infant other than the eligible employee's existing
work space.
(7) The [
department
] 
division
, in consultation with the Department of Health, shall
adopt rules that the department determines necessary to establish the program in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) [
By
] 
On or before
 June 30, 2022, the [
department
] 
division
, in consultation with the
Department of Health, shall submit a written report to the Business and Labor Interim
Committee that describes the efficacy of the program, including any recommendations for
additional legislative action.
Section 155. Section 
63A-17-807
, which is renumbered from Section 67-19c-101 is
renumbered and amended to read:
[
67-19c-101
].
 63A-17-807.
Department award program.
(1) As used in this section:
(a) "Department" means the Department of [
Administrative Services
] 
Government
Operations
, the Department of Agriculture and Food, the Department of Alcoholic Beverage
Control, the Department of Commerce, the Department of Heritage and Arts, the Department
of Corrections, the Department of Workforce Services, the Department of Environmental
Quality, the Department of Financial Institutions, the Department of Health, [
the Department of
Human Resource Management,
] the Department of Human Services, the Insurance
Department, the National Guard, the Department of Natural Resources, the Department of
Public Safety, the Public Service Commission, the Labor Commission, the State Board of
Education, the Utah Board of Higher Education, the State Tax Commission, [
the Department
of Technology Services,
] and the Department of Transportation.
(b) "Department head" means the individual or body of individuals in whom the
ultimate legal authority of the department is vested by law.
(2) There is created a department awards program to award an outstanding employee in
each department of state government.
(3) (a) [
By
] 
On or before
 April 1 of each year, each department head shall solicit
nominations for outstanding employee of the year for [
his
] 
that
 department from the employees
in [
his
] 
that
 department.
(b) [
By
] 
On or before
 July 1 of each year, the department head shall:
(i) select a person from the department to receive the outstanding employee of the year
award using the criteria established in Subsection (3)(c); and
(ii) announce the recipient of the award to [
his
] 
the
 employees 
of the department
.
(c) Department heads shall make the award to [
a person
] 
an employee
 who
demonstrates:
(i) extraordinary competence in performing [
his
] 
the employee's
 function;
(ii) creativity in identifying problems and devising workable, cost-effective solutions
[
to them
];
(iii) excellent relationships with the public and other employees;
(iv) a commitment to serving the public as the client; and
(v) a commitment to economy and efficiency in government.
(4) (a) The [
Department of Human Resource Management
] 
division
 shall divide any
appropriation for outstanding department employee awards that [
it
] 
the division
 receives from
the Legislature equally among the departments.
(b) If [
the
] 
a
 department receives money from the [
Department of Human Resource
Management
] 
division
 or if [
the
] 
a
 department budget allows, [
the
] 
that
 department head shall
provide the employee with a bonus, a plaque, or some other suitable acknowledgement of the
award.
(5) (a) [
The
] 
A
 department head may name the award after an exemplary present or
former employee of the department.
(b) A department head may not name the award for [
himself
] 
oneself
 or for any relative
as defined in Section 
52-3-1
.
[
(c) Any awards or award programs existing in any department as of May 3, 1993, shall
be modified to conform to the requirements of this section.
]
Section 156. Section 
63A-17-901
, which is renumbered from Section 67-25-102 is
renumbered and amended to read:
Part 9. General Requirements for State Officers and Employees
[
67-25-102
].
 63A-17-901.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Career service employee" [
is as
] 
means the same as that term is
 defined in Section
[
67-19-3
] 
63A-17-102
.
(2) "Executive branch elected official" means:
(a) the governor;
(b) the lieutenant governor;
(c) the attorney general;
(d) the state treasurer; or
(e) the state auditor.
(3) "Executive branch official" means an individual who:
(a) is a management level employee of an executive branch elected official; and
(b) is not a career service employee.
(4) "State agency" means a department, division, board, council, committee, institution,
office, bureau, or other similar administrative unit of the executive branch of state government.
Section 157. Section 
63A-17-902
, which is renumbered from Section 67-25-201 is
renumbered and amended to read:
[
67-25-201
].
 63A-17-902.
State agency work week.
(1) Except as provided in Subsection (2), and subject to Subsection (3):
(a) a state agency with five or more employees shall, at least nine hours per day on
Monday, Tuesday, Wednesday, Thursday, and Friday to provide a service required by statute to
another entity of the state, a political subdivision, or the public:
(i) in person;
(ii) online; or
(iii) by telephone; and
(b) a state agency with fewer than five employees shall, at least eight hours per day on
Monday, Tuesday, Wednesday, Thursday, and Friday, provide a service required by statute to
another entity of the state, a political subdivision, or the public:
(i) in person;
(ii) online; or
(iii) by telephone.
(2) (a) Subsection (1) does not require a state agency to operate a physical location, or
provide a service, on a holiday established under Section 
63G-1-301
.
(b) Except for a legal holiday established under Section 
63G-1-301
, the following state
agencies shall operate at least one physical location, and as many physical locations as
necessary, at least nine hours per day on Monday, Tuesday, Wednesday, Thursday, and Friday
to provide a service required by statute to another entity of the state, a political subdivision, or
the public:
(i) the [
Department
] 
Division
 of Technology Services, created in Section [
63F-1-103
]
63A-16-103
;
(ii) the Division of Child and Family Services, created in Section 
62A-4a-103
; and
(iii) the Office of Guardian Ad Litem, created in Section 
78A-6-901
.
(3) A state agency shall make staff available, as necessary, to provide:
(a) services incidental to a court or administrative proceeding, during the hours of
operation of a court or administrative body, including:
(i) testifying;
(ii) the production of records or evidence; and
(iii) other services normally available to a court or administrative body;
(b) security services; and
(c) emergency services.
(4) This section does not limit the days or hours a state agency may operate.
(5) To provide a service as required by Subsection (1), the chief administrative officer
of a state agency may determine:
(a) the number of physical locations, if any are required by this section, operating each
day;
(b) the daily hours of operation of a physical location;
(c) the number of state agency employees who work per day; and
(d) the hours a state agency employee works per day.
(6) To provide a service as required by Subsection (2)(b), the chief administrative
officer of a state agency, or a person otherwise designated by law, may determine:
(a) the number of physical locations operating each day;
(b) the daily hours of operation, as required by Subsection (2)(b), of each physical
location;
(c) the number of state agency employees who work per day; and
(d) the hours a state agency employee works per day.
(7) A state agency shall:
(a) provide information, accessible from a conspicuous link on the home page of the
state agency's website, on a method that a person may use to schedule an in-person meeting
with a representative of the state agency; and
(b) except as provided in Subsection (8), as soon as reasonably possible:
(i) contact a person who makes a request for an in-person meeting; and
(ii) when appropriate, schedule and hold an in-person meeting with the person that
requests an in-person meeting.
(8) A state agency is not required to comply with Subsection (7)(b) to the extent that
the contact or meeting:
(a) would constitute a conflict of interest;
(b) would conflict or interfere with a procurement governed by Title 63G, Chapter 6a,
Utah Procurement Code;
(c) would violate an ethical requirement of the state agency or an employee of the state
agency; or
(d) would constitute a violation of law.
Section 158. Section 
63A-17-903
, which is renumbered from Section 67-25-302 is
renumbered and amended to read:
[
67-25-302
].
 63A-17-903.
Restrictions on outside employment by
executive branch employees.
(1) An employee who is under the direction or control of an executive branch elected
official may not engage in outside employment that:
(a) constitutes a conflict of interest;
(b) interferes with the ability of the employee to fulfill the employee's job
responsibilities;
(c) constitutes the provision of political services, political consultation, or lobbying;
(d) involves the provision of consulting services, legal services, or other services to a
person that the employee could, within the course and scope of the employee's primary
employment, provide to the person; or
(e) interferes with the hours that the employee is expected to perform work under the
direction or control of an executive branch elected official, unless the employee takes
authorized personal leave during the time that the person engages in the outside employment.
(2) An executive branch official shall be subject to the same restrictions on outside
employment as a career service employee.
(3) This section does not prohibit an employee from advocating the position of the
state office that employs the employee regarding legislative action or other government action.
Section 159. Section 
63A-17-904
, which is renumbered from Section 67-19-19 is
renumbered and amended to read:
[
67-19-19
].
 63A-17-904.
Political activity of employees -- Rules and regulations
-- Highway patrol -- Hatch Act.
(1)
 Except as otherwise provided by law or by rules [
promulgated
] 
made
 under this
section for federally aided programs, the [
following
] provisions 
of this section
 apply with
regard to political activity of career service employees in all grades and positions[
:
]
.
[
(1)
] 
(2)
 Career service employees may voluntarily participate in political activity
subject to the following provisions:
(a) if any career service employee is elected to any partisan or full-time nonpartisan
political office, that employee shall be granted a leave of absence without pay for times when
monetary compensation is received for service in political office;
(b) no officer or employee in career service may engage in any political activity during
the hours of employment, nor may any person solicit political contributions from employees of
the executive branch during hours of employment for political purposes; and
(c) partisan political activity may not be a basis for employment, promotion, demotion,
or dismissal, except that the [
executive
] director shall adopt rules providing for the discipline
or punishment of a state officer or employee who violates any provision of this section.
[
(2)
] 
(3)
 (a) Notwithstanding any other provision of this section, no member of the
Utah Highway Patrol may use [
his
] 
the member's
 official authority or influence for the purpose
of interfering with an election or affecting the results of an election.
(b) No person may induce or attempt to induce any member of the Utah Highway
Patrol to participate in any activity prohibited by this Subsection [
(2)
] 
(3)
.
[
(3)
] 
(4)
 Nothing contained in this section may be construed to:
(a) preclude voluntary contributions by an employee to the party or candidate of the
officer's or employee's choice; or
(b) permit partisan political activity by any employee who is prevented or restricted
from engaging in the political activity by the provisions of the federal Hatch Act.
Section 160. Section 
63A-17-1001
, which is renumbered from Section 67-19-33 is
renumbered and amended to read:
Part 10. Controlled Substances and Alcohol Use
[
67-19-33
].
 63A-17-1001.
Controlled substances and alcohol use prohibited.
Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, an employee
may not:
(1) manufacture, dispense, possess, use, distribute, or be under the influence of a
controlled substance or alcohol during work hours or on state property except where legally
permissible;
(2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
if the activity prevents:
(a) state agencies from receiving federal grants or performing under federal contracts of
$25,000 or more; or
(b) the employee to perform his services or work for state government effectively as
regulated by the rules of the executive director in accordance with Section [
67-19-34
]
63A-17-1402
; or
(3) refuse to submit to a drug or alcohol test under Section [
67-19-36
] 
63A-17-1404
.
Section 161. Section 
63A-17-1002
, which is renumbered from Section 67-19-34 is
renumbered and amended to read:
[
67-19-34
].
 63A-17-1002.
Rulemaking power to director.
In accordance with this [
chapter
] 
part
 and Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the [
executive
] director shall make rules regulating:
(1) disciplinary actions for employees subject to discipline under Section [
67-19-37
]
63A-17-1405
;
(2) the testing of employees for the use of controlled substances or alcohol as provided
in Section [
67-19-36
] 
63A-17-1404
;
(3) the confidentiality of drug testing and test results performed under Section
[
67-19-36
] 
63A-17-1404
 in accordance with Title 63G, Chapter 2, Government Records
Access and Management Act; and
(4) minimum blood levels of alcohol or drug content for work effectiveness of an
employee.
Section 162. Section 
63A-17-1003
, which is renumbered from Section 67-19-35 is
renumbered and amended to read:
[
67-19-35
].
 63A-17-1003.
Reporting of convictions under federal and state drug
laws.
(1) An employee who is convicted under a federal or state criminal statute regulating
the manufacture, distribution, dispensation, possession, or use of a controlled substance shall
report the conviction to the director of [
his
] 
the employee's
 agency within five calendar days
after the date of conviction.
(2) Upon notification either under Subsection (1) or otherwise, the director of the
agency shall notify the federal agency for which a contract is being performed within 10 days
after receiving notice.
Section 163. Section 
63A-17-1004
, which is renumbered from Section 67-19-36 is
renumbered and amended to read:
[
67-19-36
].
 63A-17-1004.
Drug testing of state employees.
(1) Except as provided in Subsection (2), when there is reasonable suspicion that an
employee is using a controlled substance or alcohol unlawfully during work hours, an
employee may be required to submit to medically accepted testing procedures for a
determination of whether the employee is using a controlled substance or alcohol in violation
of this part.
(2) In highly sensitive positions, as identified in department class specifications,
random drug testing of employees may be conducted by an agency in accordance with the rules
of the [
executive
] director.
(3) All drug or alcohol testing shall be:
(a) conducted by a federally certified and licensed physician, a federally certified and
licensed medical clinic, or testing facility federally certified and licensed to conduct medically
accepted drug testing;
(b) conducted in accordance with the rules of the [
executive
] director made under
Section [
67-19-34
] 
63A-17-1402
; and
(c) kept confidential in accordance with the rules of the [
executive
] director made in
accordance with Section [
67-19-34
] 
63A-17-1402
.
(4) A physician, medical clinic, or testing facility may not be held liable in any civil
action brought by a party for:
(a) performing or failing to perform a test under this section;
(b) issuing or failing to issue a test result under this section; or
(c) acting or omitting to act in any other way in good faith under this section.
Section 164. Section 
63A-17-1005
, which is renumbered from Section 67-19-37 is
renumbered and amended to read:
[
67-19-37
].
 63A-17-1005.
Discipline of employees.
An employee shall be subject to the rules of discipline of the [
executive
] director made
in accordance with Section [
67-19-34
] 
63A-17-1402
, if the employee:
(1) refuses to submit to testing procedures provided in Section [
67-19-36
]
63A-17-1404
;
(2) refuses to complete a drug rehabilitation program in accordance with Subsection
[
67-19-38
] 
63A-17-1406
(3);
(3) is convicted under a federal or state criminal statute regulating the manufacture,
distribution, dispensation, possession, or use of a controlled substance; or
(4) manufactures, dispenses, possesses, uses, or distributes a controlled substance in
violation of state or federal law during work hours or on state property.
Section 165. Section 
63A-17-1006
, which is renumbered from Section 67-19-38 is
renumbered and amended to read:
[
67-19-38
].
 63A-17-1006.
Violations and penalties.
In addition to other criminal penalties provided by law, an employee who:
(1) fails to notify the employee's director under Section [
67-19-35
] 
63A-17-1403
 is
subject to disciplinary proceedings as established by the [
executive
] director by rule in
accordance with Section [
67-19-34
] 
63A-17-1402
;
(2) refuses to submit to testing procedures provided for in Section [
67-19-36
]
63A-17-1404
, may be suspended immediately without pay pending further disciplinary action
as [
set forth in the rules of the executive
] 
provided by rule, made by the
 director in accordance
with Section [
67-19-34
] 
63A-17-1402
; or
(3) tests positive for the presence of unlawfully used controlled substances or alcohol
may be required, as part of the employee's disciplinary treatment, to complete a drug
rehabilitation program at the employee's expense within 60 days after receiving the positive test
results or be subject to further disciplinary procedures established by rule [
of the executive
]
made by the
 director in accordance with Section [
67-19-34
] 
63A-17-1402
.
Section 166. Section 
63A-17-1007
, which is renumbered from Section 67-19-39 is
renumbered and amended to read:
[
67-19-39
].
 63A-17-1007.
Exemptions.
Peace officers, as defined under Title 53, Chapter 13, Peace Officer Classifications,
acting in their official capacity as peace officers in undercover roles and assignments, are
exempt from the provisions of this act.
Section 167. Section 
63B-7-501
 is amended to read:
63B-7-501.
Revenue bond authorizations.
(1) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $1,568,600 for the construction
of a Utah Correctional Industries Facility at the Central Utah Correctional Facility at Gunnison,
together with additional amounts necessary to pay costs of issuance, pay capitalized interest,
and fund any debt service requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of Corrections to seek out the most cost effective and prudent lease purchase plan
available.
(c) It is the intent of the Legislature that program revenues be used as the primary
revenue source for repayment of any obligation created under authority of this Subsection (1).
(2) It is the intent of the Legislature that:
(a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit, income, and revenues of the University of Utah, other than appropriations
of the Legislature, to finance the cost of constructing, furnishing, and equipping student
housing;
(b) University funds and housing rental revenues be used as the primary revenue source
for repayment of any obligation created under authority of this Subsection (2); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (2) may
provide up to $86,000,000 together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(3) It is the intent of the Legislature that:
(a) the State Board of Regents on behalf of the University of Utah issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit, income, and revenues of the University of Utah, other than appropriations
of the Legislature, to finance the cost of constructing, furnishing, and equipping a Health
Sciences Parking Structure;
(b) University funds and parking revenues be used as the primary revenue source for
repayment of any obligation created under authority of this Subsection (3); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (3) may
provide up to $12,000,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(4) It is the intent of the Legislature that:
(a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit and income and revenues of the University of Utah, other than
appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
a Southwest Campus Parking Structure;
(b) University funds and parking revenues be used as the primary revenue source for
repayment of any obligation created under authority of this Subsection (4); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (4) may
provide up to $7,200,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(5) It is the intent of the Legislature that:
(a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit and income and revenues of the University of Utah, other than
appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
an expansion of the Eccles Broadcast Center;
(b) University funds and service revenues be used as the primary revenue source for
repayment of any obligation created under authority of this Subsection (5); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (5) may
provide up to $5,100,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(6) It is the intent of the Legislature that:
(a) the State Board of Regents, on behalf of the University of Utah, issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit and income and revenues of the University of Utah, other than
appropriations of the Legislature, to finance the cost of constructing, furnishing, equipping, and
remodeling facilities for perinatal services, adult critical care services, clinical training and
support, and upgrade of the University Hospital Rehabilitation Unit, and for purchase of the
University Neuropsychiatric Institute and Summit Health Center in Park West;
(b) University Hospital revenues be used as the primary revenue source for repayment
of any obligation created under authority of this Subsection (6); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (6) may
provide up to $23,300,000 together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(7) It is the intent of the Legislature that:
(a) the State Board of Regents, on behalf of Weber State University, issue, sell, and
deliver revenue bonds or other evidences of indebtedness of Weber State University to borrow
money on the credit and income and revenues of Weber State University, other than
appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping
student housing;
(b) University funds and housing rental revenues be used as the primary revenue source
for repayment of any obligation created under authority of this Subsection (7); and
(c) the bonds or other evidences of indebtedness authorized by this Subsection (7) may
provide up to $19,000,000 together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements.
(8) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act,
may issue or execute obligations, or enter into or arrange for a lease purchase agreement in
which participation interests may be created, to provide up to $1,100,000 for the construction
of surplus property facilities for the Division of Fleet Operations, together with additional
amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service
reserve requirements.
(b) The State Building Ownership Authority shall work cooperatively with the
Department of [
Administrative Services
] 
Government Operations
 to seek out the most cost
effective and prudent lease purchase plan available.
(c) It is the intent of the Legislature that Internal Service Fund revenues be used as the
primary revenue source for repayment of any obligation created under authority of this
Subsection (8).
(9) (a) Contingent upon the state of Utah receiving a perfected security interest in
accordance with Senate Joint Resolution 14, 1998 Annual General Session, the State Building
Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State Building
Ownership Authority Act, may issue or execute obligations, or enter into or arrange for a lease
purchase agreement in which participation interests may be created, to provide up to
$25,000,000 for the cost of constructing, furnishing, and equipping housing facilities at the
University of Utah, together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) The State Building Ownership Authority and the University of Utah may enter into
real estate arrangements and security arrangements that are:
(i) necessary to accomplish the purposes of this Subsection (9); and
(ii) not inconsistent with the requirements of Senate Joint Resolution 14, 1998 Annual
General Session.
(10) In order to achieve a debt service savings, it is the intent of the Legislature that the
State Building Ownership Authority, under authority of Title 63B, Chapter 1, Part 3, State
Building Ownership Authority Act, may issue or execute obligations, or enter into or arrange
for a lease purchase agreement in which participation interests may be created, to provide
sufficient funding to exercise the state's option to purchase the Youth Corrections Facility in
Salt Lake County currently financed by Salt Lake County.
Section 168. Section 
63E-1-302
 is amended to read:
63E-1-302.
Review by committee required for creating an independent entity.
(1) If a government requestor proposes that the Legislature create an independent
entity, that government requestor shall request that the committee review the proposal.
(2) After receiving a request for review under Subsection (1), the chairs of the
committee:
(a) shall schedule a meeting of the committee to review the proposal; and
(b) may request information from executive and legislative branch entities and officers
concerning the proposal including:
(i) whether or not the proposed independent entity should be exempt from any state
statute;
(ii) the need for oversight of the proposed independent entity by an executive branch
agency;
(iii) the need for and requirements of audits of the proposed independent entity;
(iv) the custody of the proposed independent entity's funds;
(v) the legal representation of the proposed independent entity;
(vi) whether or not the state should receive services from or provide services to the
proposed independent entity; and
(vii) the legal liability, if any, to the state if the proposed independent entity is created.
(3) In requesting information from executive and legislative branch entities or officers
under Subsection (2), the committee should specifically consider seeking information from:
(a) the state auditor;
(b) the state treasurer;
(c) the attorney general;
(d) the risk manager; and
(e) the executive director of the Department of [
Administrative Services
] 
Government
Operations
.
Section 169. Section 
63G-1-301
 is amended to read:
63G-1-301.
Legal holidays -- Personal preference day -- Governor authorized to
declare additional days.
(1) (a) The following-named days are legal holidays in this state:
(i) every Sunday;
(ii) January 1, called New Year's Day;
(iii) the third Monday of January, called Dr. Martin Luther King, Jr. Day;
(iv) the third Monday of February, called Washington and Lincoln Day;
(v) the last Monday of May, called Memorial Day;
(vi) July 4, called Independence Day;
(vii) July 24, called Pioneer Day;
(viii) the first Monday of September, called Labor Day;
(ix) the second Monday of October, called Columbus Day;
(x) November 11, called Veterans Day;
(xi) the fourth Thursday of November, called Thanksgiving Day;
(xii) December 25, called Christmas; and
(xiii) all days which may be set apart by the President of the United States, or the
governor of this state by proclamation as days of fast or thanksgiving.
(b) If any of the holidays under Subsection (1)(a), except the first mentioned, namely
Sunday, falls on Sunday, then the following Monday shall be the holiday.
(c) If any of the holidays under Subsection (1)(a) falls on Saturday the preceding Friday
shall be the holiday.
(d) Each employee may select one additional day, called Personal Preference Day, to
be scheduled pursuant to rules adopted by the [
Department
] 
Division
 of Human Resource
Management.
(2) (a) Whenever in the governor's opinion extraordinary conditions exist justifying the
action, the governor may:
(i) declare, by proclamation, legal holidays in addition to those holidays under
Subsection (1); and
(ii) limit the holidays to certain classes of business and activities to be designated by
the governor.
(b) A holiday may not extend for a longer period than 60 consecutive days.
(c) Any holiday may be renewed for one or more periods not exceeding 30 days each as
the governor may consider necessary, and any holiday may, by like proclamation, be terminated
before the expiration of the period for which it was declared.
Section 170. Section 
63G-2-501
 is amended to read:
63G-2-501.
State Records Committee created -- Membership -- Terms --
Vacancies -- Expenses.
(1) There is created the State Records Committee within the Department of
[
Administrative Services
] 
Government Operations
 consisting of the following seven
individuals:
(a) an individual in the private sector whose profession requires the individual to create
or manage records that, if created by a governmental entity, would be private or controlled;
(b) an individual with experience with electronic records and databases, as
recommended by a statewide technology advocacy organization that represents the public,
private, and nonprofit sectors;
(c) the director of the Division of Archives and Records Services or the director's
designee;
(d) two citizen members;
(e) one person representing political subdivisions, as recommended by the Utah League
of Cities and Towns; and
(f) one individual representing the news media.
(2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
(e), and (f) with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
Part 2, Vacancies.
(3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
member to a four-year term.
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of committee members are
staggered so that approximately half of the committee is appointed every two years.
(c) Each appointed member is eligible for reappointment for one additional term.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) A member of the State Records Committee may not receive compensation or
benefits for the member's service on the committee, but may receive per diem and travel
expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the
conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
Section 171. Section 
63G-3-102
 is amended to read:
63G-3-102.
Definitions.
As used in this chapter:
(1) "Administrative record" means information an agency relies upon when making a
rule under this chapter including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public
comment period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process.
(2) "Agency" means each state board, authority, commission, institution, department,
division, officer, or other state government entity other than the Legislature, its committees, the
political subdivisions of the state, or the courts, which is authorized or required by law to make
rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
perform other similar actions or duties delegated by law.
(3) "Bulletin" means the Utah State Bulletin.
(4) "Catchline" means a short summary of each section, part, rule, or title of the code
that follows the section, part, rule, or title reference placed before the text of the rule and serves
the same function as boldface in legislation as described in Section 
68-3-13
.
(5) "Code" means the body of all effective rules as compiled and organized by the
office and entitled "Utah Administrative Code."
(6) "Department" means the Department of [
Administrative Services
] 
Government
Operations
 created in Section 
63A-1-104
.
(7) "Director" means the director of the office.
(8) "Effective" means operative and enforceable.
(9) "Executive director" means the executive director of the department.
(10) "File" means to submit a document to the office as prescribed by the office.
(11) "Filing date" means the day and time the document is recorded as received by the
office.
(12) "Interested person" means any person affected by or interested in a proposed rule,
amendment to an existing rule, or a nonsubstantive change made under Section 
63G-3-402
.
(13) "Office" means the Office of Administrative Rules created in Section 
63G-3-401
.
(14) "Order" means an agency action that determines the legal rights, duties, privileges,
immunities, or other interests of one or more specific persons, but not a class of persons.
(15) "Person" means any individual, partnership, corporation, association,
governmental entity, or public or private organization of any character other than an agency.
(16) "Publication" or "publish" means making a rule available to the public by
including the rule or a summary of the rule in the bulletin.
(17) "Publication date" means the inscribed date of the bulletin.
(18) "Register" may include an electronic database.
(19) (a) "Rule" means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) implements or interprets a state or federal legal mandate; and
(iii) applies to a class of persons or another agency.
(b) "Rule" includes the amendment or repeal of an existing rule.
(c) "Rule" does not mean:
(i) orders;
(ii) an agency's written statement that applies only to internal management and that
does not restrict the legal rights of a public class of persons or another agency;
(iii) the governor's executive orders or proclamations;
(iv) opinions issued by the attorney general's office;
(v) declaratory rulings issued by the agency according to Section 
63G-4-503
 except as
required by Section 
63G-3-201
;
(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
63G-3-201
(6); or
(vii) an agency written statement that is in violation of any state or federal law.
(20) "Rule analysis" means the format prescribed by the office to summarize and
analyze rules.
(21) "Small business" means a business employing fewer than 50 persons.
(22) "Substantive change" means a change in a rule that affects the application or
results of agency actions.
Section 172. Section 
63G-3-401
 is amended to read:
63G-3-401.
Office of Administrative Rules created -- Director.
(1) There is created within the Department of [
Administrative Services
] 
Government
Operations
 the Office of Administrative Rules, to be administered by a director.
(2) (a) The executive director shall appoint the director.
(b) The director shall hire, train, and supervise staff necessary for the office to carry out
the provisions of this chapter.
Section 173. Section 
63G-4-107
 is amended to read:
63G-4-107.
Petition to remove agency action from public access.
(1) An individual may petition the agency that maintains, on a state-controlled website
available to the public, a record of administrative disciplinary action, to remove the record of
administrative disciplinary action from public access on the state-controlled website, if:
(a) (i) five years have passed since:
(A) the date the final order was issued; or
(B) if no final order was issued, the date the administrative disciplinary action was
commenced; or
(ii) the individual has obtained a criminal expungement order under Title 77, Chapter
40, Utah Expungement Act, for the individual's criminal records related to the same incident or
conviction upon which the administrative disciplinary action was based;
(b) the individual has successfully completed all action required by the agency relating
to the administrative disciplinary action within the time frame set forth in the final order, or if
no time frame is specified in the final order, within the time frame set forth in Title 63G,
Chapter 4, Administrative Procedures Act;
(c) from the time that the original administrative disciplinary action was filed, the
individual has not violated the same statutory provisions or administrative rules related to those
statutory provisions that resulted in the original administrative disciplinary action; and
(d) the individual pays an application fee determined by the agency in accordance with
Section 
63J-1-504
.
(2) The individual petitioning the agency under Subsection (1) shall provide the agency
with a written request containing the following information:
(a) the petitioner's full name, address, telephone number, and date of birth;
(b) the information the petitioner seeks to remove from public access; and
(c) an affidavit certifying that the petitioner is in compliance with the provisions of
Subsection (1).
(3) Within 30 days of receiving the documents and information described in
Subsection (2):
(a) the agency shall review the petition and all documents submitted with the petition
to determine whether the petitioner has met the requirements of Subsections (1) and (2); and
(b) if the agency determines that the petitioner has met the requirements of Subsections
(1) and (2), the agency shall immediately remove the record of administrative disciplinary
action from public access on the state-controlled website.
(4) Notwithstanding the provisions of Subsection (3), an agency is not required to
remove a recording, written minutes, or other electronic information from the Utah Public
Notice Website, created under Section [
63F-1-701
] 
63A-16-601
, if the recording, written
minutes, or other electronic information is required to be available to the public on the Utah
Public Notice Website under the provisions of Title 52, Chapter 4, Open and Public Meetings
Act.
Section 174. Section 
63G-6a-103
 is amended to read:
63G-6a-103.
Definitions.
As used in this chapter:
(1) "Approved vendor" means a person who has been approved for inclusion on an
approved vendor list through the approved vendor list process.
(2) "Approved vendor list" means a list of approved vendors established under Section
63G-6a-507
.
(3) "Approved vendor list process" means the procurement process described in
Section 
63G-6a-507
.
(4) "Bidder" means a person who submits a bid or price quote in response to an
invitation for bids.
(5) "Bidding process" means the procurement process described in Part 6, Bidding.
(6) "Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(7) "Building board" means the State Building Board, created in Section 
63A-5b-201
.
(8) "Change directive" means a written order signed by the procurement officer that
directs the contractor to suspend work or make changes, as authorized by contract, without the
consent of the contractor.
(9) "Change order" means a written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
agreement of the parties to the contract.
(10) "Chief procurement officer" means the individual appointed under [
Subsection
63G-6a-302
(1)
] 
Section 
63A-2-102
.
(11) "Conducting procurement unit" means a procurement unit that conducts all
aspects of a procurement:
(a) except:
(i) reviewing a solicitation to verify that it is in proper form; and
(ii) causing the publication of a notice of a solicitation; and
(b) including:
(i) preparing any solicitation document;
(ii) appointing an evaluation committee;
(iii) conducting the evaluation process, except the process relating to scores calculated
for costs of proposals;
(iv) selecting and recommending the person to be awarded a contract;
(v) negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi) contract administration.
(12) "Conservation district" means the same as that term is defined in Section
17D-3-102
.
(13) "Construction project":
(a) means a project for the construction, renovation, alteration, improvement, or repair
of a public facility on real property, including all services, labor, supplies, and materials for the
project; and
(b) does not include services and supplies for the routine, day-to-day operation, repair,
or maintenance of an existing public facility.
(14) "Construction manager/general contractor":
(a) means a contractor who enters into a contract:
(i) for the management of a construction project; and
(ii) that allows the contractor to subcontract for additional labor and materials that are
not included in the contractor's cost proposal submitted at the time of the procurement of the
contractor's services; and
(b) does not include a contractor whose only subcontract work not included in the
contractor's cost proposal submitted as part of the procurement of the contractor's services is to
meet subcontracted portions of change orders approved within the scope of the project.
(15) "Construction subcontractor":
(a) means a person under contract with a contractor or another subcontractor to provide
services or labor for the design or construction of a construction project;
(b) includes a general contractor or specialty contractor licensed or exempt from
licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
(c) does not include a supplier who provides only materials, equipment, or supplies to a
contractor or subcontractor for a construction project.
(16) "Contract" means an agreement for a procurement.
(17) "Contract administration" means all functions, duties, and responsibilities
associated with managing, overseeing, and carrying out a contract between a procurement unit
and a contractor, including:
(a) implementing the contract;
(b) ensuring compliance with the contract terms and conditions by the conducting
procurement unit and the contractor;
(c) executing change orders;
(d) processing contract amendments;
(e) resolving, to the extent practicable, contract disputes;
(f) curing contract errors and deficiencies;
(g) terminating a contract;
(h) measuring or evaluating completed work and contractor performance;
(i) computing payments under the contract; and
(j) closing out a contract.
(18) "Contractor" means a person who is awarded a contract with a procurement unit.
(19) "Cooperative procurement" means procurement conducted by, or on behalf of:
(a) more than one procurement unit; or
(b) a procurement unit and a cooperative purchasing organization.
(20) "Cooperative purchasing organization" means an organization, association, or
alliance of purchasers established to combine purchasing power in order to obtain the best
value for the purchasers by engaging in procurements in accordance with Section 
63G-6a-2105
.
(21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
contractor is paid a percentage of the total actual expenses or costs in addition to the
contractor's actual expenses or costs.
(22) "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract terms and
the provisions of this chapter, and a fee, if any.
(23) "Days" means calendar days, unless expressly provided otherwise.
(24) "Definite quantity contract" means a fixed price contract that provides for a
specified amount of supplies over a specified period, with deliveries scheduled according to a
specified schedule.
(25) "Design professional" means:
(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
Licensing Act;
(b) an individual licensed as a professional engineer or professional land surveyor
under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
Act; or
(c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
State Certification of Commercial Interior Designers Act.
(26) "Design professional procurement process" means the procurement process
described in Part 15, Design Professional Services.
(27) "Design professional services" means:
(a) professional services within the scope of the practice of architecture as defined in
Section 
58-3a-102
;
(b) professional engineering as defined in Section 
58-22-102
;
(c) master planning and programming services; or
(d) services within the scope of the practice of commercial interior design, as defined
in Section 
58-86-102
.
(28) "Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(29) "Division" means the Division of Purchasing and General Services, created in
Section 
63A-2-101
.
(30) "Educational procurement unit" means:
(a) a school district;
(b) a public school, including a local school board or a charter school;
(c) the Utah Schools for the Deaf and the Blind;
(d) the Utah Education and Telehealth Network;
(e) an institution of higher education of the state described in Section 
53B-1-102
; or
(f) the State Board of Education.
(31) "Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number
of any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(32) "Executive branch procurement unit" means a department, division, office,
bureau, agency, or other organization within the state executive branch.
(33) "Facilities division" means the Division of Facilities Construction and
Management, created in Section 
63A-5b-301
.
(34) "Fixed price contract" means a contract that provides a price, for each
procurement item obtained under the contract, that is not subject to adjustment except to the
extent that:
(a) the contract provides, under circumstances specified in the contract, for an
adjustment in price that is not based on cost to the contractor; or
(b) an adjustment is required by law.
(35) "Fixed price contract with price adjustment" means a fixed price contract that
provides for an upward or downward revision of price, precisely described in the contract, that:
(a) is based on the consumer price index or another commercially acceptable index,
source, or formula; and
(b) is not based on a percentage of the cost to the contractor.
(36) "Grant" means an expenditure of public funds or other assistance, or an agreement
to expend public funds or other assistance, for a public purpose authorized by law, without
acquiring a procurement item in exchange.
(37) "Immaterial error":
(a) means an irregularity or abnormality that is:
(i) a matter of form that does not affect substance; or
(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
(b) includes:
(i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
professional license, bond, or insurance certificate;
(ii) a typographical error;
(iii) an error resulting from an inaccuracy or omission in the solicitation; and
(iv) any other error that the procurement official reasonably considers to be immaterial.
(38) "Indefinite quantity contract" means a fixed price contract that:
(a) is for an indefinite amount of procurement items to be supplied as ordered by a
procurement unit; and
(b) (i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(39) "Independent procurement unit" means:
(a) (i) a legislative procurement unit;
(ii) a judicial branch procurement unit;
(iii) an educational procurement unit;
(iv) a local government procurement unit;
(v) a conservation district;
(vi) a local building authority;
(vii) a local district;
(viii) a public corporation;
(ix) a special service district; or
(x) the Utah Communications Authority, established in Section 
63H-7a-201
;
(b) the building board or the facilities division, but only to the extent of the
procurement authority provided under Title 63A, Chapter 5b, Administration of State
Facilities;
(c) the attorney general, but only to the extent of the procurement authority provided
under Title 67, Chapter 5, Attorney General;
(d) the Department of Transportation, but only to the extent of the procurement
authority provided under Title 72, Transportation Code; or
(e) any other executive branch department, division, office, or entity that has statutory
procurement authority outside this chapter, but only to the extent of that statutory procurement
authority.
(40) "Invitation for bids":
(a) means a document used to solicit:
(i) bids to provide a procurement item to a procurement unit; or
(ii) quotes for a price of a procurement item to be provided to a procurement unit; and
(b) includes all documents attached to or incorporated by reference in a document
described in Subsection (40)(a).
(41) "Issuing procurement unit" means a procurement unit that:
(a) reviews a solicitation to verify that it is in proper form;
(b) causes the notice of a solicitation to be published; and
(c) negotiates and approves the terms and conditions of a contract.
(42) "Judicial procurement unit" means:
(a) the Utah Supreme Court;
(b) the Utah Court of Appeals;
(c) the Judicial Council;
(d) a state judicial district; or
(e) an office, committee, subcommittee, or other organization within the state judicial
branch.
(43) "Labor hour contract" is a contract under which:
(a) the supplies and materials are not provided by, or through, the contractor; and
(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
profit for a specified number of labor hours or days.
(44) "Legislative procurement unit" means:
(a) the Legislature;
(b) the Senate;
(c) the House of Representatives;
(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
(e) a committee, subcommittee, commission, or other organization:
(i) within the state legislative branch; or
(ii) (A) that is created by statute to advise or make recommendations to the Legislature;
(B) the membership of which includes legislators; and
(C) for which the Office of Legislative Research and General Counsel provides staff
support. 
(45) "Local building authority" means the same as that term is defined in Section
17D-2-102
.
(46) "Local district" means the same as that term is defined in Section 
17B-1-102
.
(47) "Local government procurement unit" means:
(a) a county or municipality, and each office or agency of the county or municipality,
unless the county or municipality adopts its own procurement code by ordinance;
(b) a county or municipality that has adopted this entire chapter by ordinance, and each
office or agency of that county or municipality; or
(c) a county or municipality that has adopted a portion of this chapter by ordinance, to
the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
office or agency of that county or municipality.
(48) "Multiple award contracts" means the award of a contract for an indefinite
quantity of a procurement item to more than one person.
(49) "Multiyear contract" means a contract that extends beyond a one-year period,
including a contract that permits renewal of the contract, without competition, beyond the first
year of the contract.
(50) "Municipality" means a city, town, or metro township.
(51) "Nonadopting local government procurement unit" means:
(a) a county or municipality that has not adopted Part 16, Protests, Part 17,
Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
General Provisions Related to Protest or Appeal; and
(b) each office or agency of a county or municipality described in Subsection (51)(a).
(52) "Offeror" means a person who submits a proposal in response to a request for
proposals.
(53) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(54) "Procure" means to acquire a procurement item through a procurement.
(55) "Procurement" means the acquisition of a procurement item through an
expenditure of public funds, or an agreement to expend public funds, including an acquisition
through a public-private partnership.
(56) "Procurement item" means an item of personal property, a technology, a service,
or a construction project.
(57) "Procurement official" means:
(a) for a procurement unit other than an independent procurement unit, the chief
procurement officer;
(b) for a legislative procurement unit, the individual, individuals, or body designated in
a policy adopted by the Legislative Management Committee;
(c) for a judicial procurement unit, the Judicial Council or an individual or body
designated by the Judicial Council by rule;
(d) for a local government procurement unit:
(i) the legislative body of the local government procurement unit; or
(ii) an individual or body designated by the local government procurement unit;
(e) for a local district, the board of trustees of the local district or the board of trustees'
designee;
(f) for a special service district, the governing body of the special service district or the
governing body's designee;
(g) for a local building authority, the board of directors of the local building authority
or the board of directors' designee;
(h) for a conservation district, the board of supervisors of the conservation district or
the board of supervisors' designee;
(i) for a public corporation, the board of directors of the public corporation or the board
of directors' designee;
(j) for a school district or any school or entity within a school district, the board of the
school district or the board's designee;
(k) for a charter school, the individual or body with executive authority over the charter
school or the designee of the individual or body;
(l) for an institution of higher education described in Section 
53B-2-101
, the president
of the institution of higher education or the president's designee;
(m) for the State Board of Education, the State Board of Education or the State Board
of Education's designee;
(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
the designee of the Commissioner of Higher Education;
(o) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
executive director of the Utah Communications Authority or the executive director's designee;
or
(p) (i) for the building board, and only to the extent of procurement activities of the
building board as an independent procurement unit under the procurement authority provided
under Title 63A, Chapter 5b, Administration of State Facilities, the director of the building
board or the director's designee;
(ii) for the facilities division, and only to the extent of procurement activities of the
facilities division as an independent procurement unit under the procurement authority
provided under Title 63A, Chapter 5b, Administration of State Facilities, the director of the
facilities division or the director's designee;
(iii) for the attorney general, and only to the extent of procurement activities of the
attorney general as an independent procurement unit under the procurement authority provided
under Title 67, Chapter 5, Attorney General, the attorney general or the attorney general's
designee;
(iv) for the Department of Transportation created in Section 
72-1-201
, and only to the
extent of procurement activities of the Department of Transportation as an independent
procurement unit under the procurement authority provided under Title 72, Transportation
Code, the executive director of the Department of Transportation or the executive director's
designee; or
(v) for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, and only to the extent of the procurement
activities of the department, division, office, or entity as an independent procurement unit
under the procurement authority provided outside this chapter for the department, division,
office, or entity, the chief executive officer of the department, division, office, or entity or the
chief executive officer's designee.
(58) "Procurement unit":
(a) means:
(i) a legislative procurement unit;
(ii) an executive branch procurement unit;
(iii) a judicial procurement unit;
(iv) an educational procurement unit;
(v) the Utah Communications Authority, established in Section 
63H-7a-201
;
(vi) a local government procurement unit;
(vii) a local district;
(viii) a special service district;
(ix) a local building authority;
(x) a conservation district;
(xi) a public corporation; and
(b) does not include a political subdivision created under Title 11, Chapter 13,
Interlocal Cooperation Act.
(59) "Professional service" means labor, effort, or work that requires specialized
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
(a) accounting;
(b) administrative law judge service;
(c) architecture;
(d) construction design and management;
(e) engineering;
(f) financial services;
(g) information technology;
(h) the law;
(i) medicine;
(j) psychiatry; or
(k) underwriting.
(60) "Protest officer" means:
(a) for the division or an independent procurement unit:
(i) the procurement official;
(ii) the procurement official's designee who is an employee of the procurement unit; or
(iii) a person designated by rule made by the rulemaking authority; or
(b) for a procurement unit other than an independent procurement unit, the chief
procurement officer or the chief procurement officer's designee who is an employee of the
division .
(61) "Public corporation" means the same as that term is defined in Section 
63E-1-102
.
(62) "Public entity" means the state or any other government entity within the state that
expends public funds.
(63) "Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(64) "Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(65) "Public transit district" means a public transit district organized under Title 17B,
Chapter 2a, Part 8, Public Transit District Act.
(66) "Public-private partnership" means an arrangement or agreement, occurring on or
after January 1, 2017, between a procurement unit and one or more contractors to provide for a
public need through the development or operation of a project in which the contractor or
contractors share with the procurement unit the responsibility or risk of developing, owning,
maintaining, financing, or operating the project.
(67) "Qualified vendor" means a vendor who:
(a) is responsible; and
(b) submits a responsive statement of qualifications under Section 
63G-6a-410
 that
meets the minimum mandatory requirements, evaluation criteria, and any applicable score
thresholds set forth in the request for statement of qualifications.
(68) "Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(69) "Request for information" means a nonbinding process through which a
procurement unit requests information relating to a procurement item.
(70) "Request for proposals" means a document used to solicit proposals to provide a
procurement item to a procurement unit, including all other documents that are attached to that
document or incorporated in that document by reference.
(71) "Request for proposals process" means the procurement process described in Part
7, Request for Proposals.
(72) "Request for statement of qualifications" means a document used to solicit
information about the qualifications of a person interested in responding to a potential
procurement, including all other documents attached to that document or incorporated in that
document by reference.
(73) "Requirements contract" means a contract:
(a) under which a contractor agrees to provide a procurement unit's entire requirements
for certain procurement items at prices specified in the contract during the contract period; and
(b) that:
(i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(74) "Responsible" means being capable, in all respects, of:
(a) meeting all the requirements of a solicitation; and
(b) fully performing all the requirements of the contract resulting from the solicitation,
including being financially solvent with sufficient financial resources to perform the contract.
(75) "Responsive" means conforming in all material respects to the requirements of a
solicitation.
(76) "Rule" includes a policy or regulation adopted by the rulemaking authority, if
adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions
that govern the applicable procurement unit.
(77) "Rulemaking authority" means:
(a) for a legislative procurement unit, the Legislative Management Committee;
(b) for a judicial procurement unit, the Judicial Council;
(c) (i) only to the extent of the procurement authority expressly granted to the
procurement unit by statute:
(A) for the building board or the facilities division, the building board;
(B) for the Office of the Attorney General, the attorney general;
(C) for the Department of Transportation created in Section 
72-1-201
, the executive
director of the Department of Transportation; and
(D) for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, the governing authority of the department,
division, office, or entity; and
(ii) for each other executive branch procurement unit, the board;
(d) for a local government procurement unit:
(i) the governing body of the local government unit; or
(ii) an individual or body designated by the local government procurement unit;
(e) for a school district or a public school, the board, except to the extent of a school
district's own nonadministrative rules that do not conflict with the provisions of this chapter;
(f) for a state institution of higher education, the Utah Board of Higher Education;
(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
State Board of Education;
(h) for a public transit district, the chief executive of the public transit district;
(i) for a local district other than a public transit district or for a special service district,
the board, except to the extent that the board of trustees of the local district or the governing
body of the special service district makes its own rules:
(i) with respect to a subject addressed by board rules; or
(ii) that are in addition to board rules;
(j) for the Utah Educational Savings Plan, created in Section 
53B-8a-103
, the Utah
Board of Higher Education;
(k) for the School and Institutional Trust Lands Administration, created in Section
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l) for the School and Institutional Trust Fund Office, created in Section 
53D-1-201
,
the School and Institutional Trust Fund Board of Trustees;
(m) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
Utah Communications Authority board, created in Section 
63H-7a-203
; or
(n) for any other procurement unit, the board.
(78) "Service":
(a) means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b) includes a professional service; and
(c) does not include labor, effort, or work provided under an employment agreement or
a collective bargaining agreement.
(79) "Small purchase process" means the procurement process described in Section
63G-6a-506
.
(80) "Sole source contract" means a contract resulting from a sole source procurement.
(81) "Sole source procurement" means a procurement without competition pursuant to
a determination under Subsection 
63G-6a-802
(1)(a) that there is only one source for the
procurement item.
(82) "Solicitation" means an invitation for bids, request for proposals, or request for
statement of qualifications.
(83) "Solicitation response" means:
(a) a bid submitted in response to an invitation for bids;
(b) a proposal submitted in response to a request for proposals; or
(c) a statement of qualifications submitted in response to a request for statement of
qualifications.
(84) "Special service district" means the same as that term is defined in Section
17D-1-102
.
(85) "Specification" means any description of the physical or functional characteristics
or of the nature of a procurement item included in an invitation for bids or a request for
proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
(a) a requirement for inspecting or testing a procurement item; or
(b) preparing a procurement item for delivery.
(86) "Standard procurement process" means:
(a) the bidding process;
(b) the request for proposals process;
(c) the approved vendor list process;
(d) the small purchase process; or
(e) the design professional procurement process.
(87) "State cooperative contract" means a contract awarded by the division for and in
behalf of all public entities.
(88) "Statement of qualifications" means a written statement submitted to a
procurement unit in response to a request for statement of qualifications.
(89) "Subcontractor":
(a) means a person under contract to perform part of a contractual obligation under the
control of the contractor, whether the person's contract is with the contractor directly or with
another person who is under contract to perform part of a contractual obligation under the
control of the contractor; and
(b) includes a supplier, distributor, or other vendor that furnishes supplies or services
to a contractor.
(90) "Technology" means the same as "information technology," as defined in Section
63F-1-102
.
(91) "Tie bid" means that the lowest responsive bids of responsible bidders are
identical in price.
(92) "Time and materials contract" means a contract under which the contractor is paid:
(a) the actual cost of direct labor at specified hourly rates;
(b) the actual cost of materials and equipment usage; and
(c) an additional amount, expressly described in the contract, to cover overhead and
profit, that is not based on a percentage of the cost to the contractor.
(93) "Transitional costs":
(a) means the costs of changing:
(i) from an existing provider of a procurement item to another provider of that
procurement item; or
(ii) from an existing type of procurement item to another type;
(b) includes:
(i) training costs;
(ii) conversion costs;
(iii) compatibility costs;
(iv) costs associated with system downtime;
(v) disruption of service costs;
(vi) staff time necessary to implement the change;
(vii) installation costs; and
(viii) ancillary software, hardware, equipment, or construction costs; and
(c) does not include:
(i) the costs of preparing for or engaging in a procurement process; or
(ii) contract negotiation or drafting costs.
(94) "Vendor":
(a) means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b) includes:
(i) a bidder;
(ii) an offeror;
(iii) an approved vendor;
(iv) a design professional; and
(v) a person who submits an unsolicited proposal under Section 
63G-6a-712
.
Section 175. Section 
63G-6a-106
 is amended to read:
63G-6a-106.
 Independent procurement units.
(1) An independent procurement unit may, without the supervision, interference,
oversight, control, or involvement of the division or the chief procurement officer, but in
accordance with the requirements of this chapter:
(a) engage in a standard procurement process;
(b) acquire a procurement item under an exception, as provided in this chapter, to the
requirement to use a standard procurement process; or
(c) otherwise engage in an act authorized or required by this chapter.
(2) Notwithstanding Subsection (1), an independent procurement unit may agree in
writing with the division to extend the authority of the division or the chief procurement officer
to the procurement unit, as provided in the agreement.
(3) With respect to a procurement or contract over which an independent procurement
unit's procurement official has authority, the procurement official may:
(a) manage and supervise the procurement to ensure to the extent practicable that
taxpayers receive the best value;
(b) prepare and issue standard specifications for procurement items;
(c) review contracts, coordinate contract compliance, conduct contract audits, and
approve change orders;
(d) delegate duties and authority to an employee of the procurement unit, as the
independent procurement unit's procurement official considers appropriate;
(e) for the procurement official of an executive branch procurement unit that is an
independent procurement unit, coordinate with the [
Department
] 
Division
 of Technology
Services, created in Section [
63F-1-103
] 
63A-16-103
, with respect to the procurement unit's
procurement of information technology services;
(f) correct, amend, or cancel a procurement at any stage of the procurement process if
the procurement is out of compliance with this chapter or a rule adopted by the rulemaking
authority;
(g) attempt to resolve a contract dispute in coordination with the legal counsel of the
independent procurement unit; and
(h) at any time during the term of a contract awarded by the independent procurement
unit, correct or amend a contract to bring it into compliance or cancel the contract:
(i) if the procurement official determines that correcting, amending, or canceling the
contract is in the best interest of the procurement unit; and
(ii) after consulting with, as applicable, the attorney general's office or the procurement
unit's legal counsel.
(4) The attorney general may, in accordance with the provisions of this chapter, but
without involvement by the division or the chief procurement officer:
(a) retain outside counsel, subject to Section 
67-5-33
 if the attorney general retains
outside counsel under a contingent fee contract, as defined in that section; or
(b) procure litigation support services, including retaining an expert witness.
(5) An independent procurement unit that is not represented by the attorney general's
office may, in accordance with the provisions of this chapter, but without involvement by the
division or the chief procurement officer:
(a) retain outside counsel; or
(b) procure litigation support services, including retaining an expert witness.
(6) The state auditor's office may, in accordance with the provisions of this chapter, but
without involvement by the division or the chief procurement officer, procure audit services.
(7) The state treasurer may, in accordance with the provisions of this chapter, but
without involvement by the division or the chief procurement officer, procure:
(a) deposit services; and
(b) services related to issuing bonds.
Section 176. Section 
63G-6a-116
 is amended to read:
63G-6a-116.
Procurement of administrative law judge service.
(1) As used in this section:
(a) "Administrative law judge" means the same as that term is defined in Section
[
67-19e-102
] 
63A-17-701
.
(b) "Administrative law judge service" means service provided by an administrative
law judge.
(2) A procurement unit shall use a standard procurement process under this chapter for
the procurement of administrative law judge service.
(3) For a procurement of administrative law judge service, an evaluation committee
shall consist of:
(a) the head of the conducting procurement unit, or the head's designee;
(b) the head of an executive branch procurement unit other than the conducting
procurement unit, appointed by the [
executive
] director of the [
Department
] 
Division
 of
Human Resource Management, or the head's designee; and
(c) the [
executive
] director of the [
Department
] 
Division
 of Human Resource
Management, or the [
executive
] director's designee.
(4) Within 30 days after the day on which a conducting procurement unit awards a
contract for administrative law judge service, the conducting procurement unit shall give
written notice to the [
Department
] 
Division
 of Human Resource Management that states:
(a) that the conducting procurement unit awarded a contract for administrative law
judge service;
(b) the name of the conducting procurement unit; and
(c) the expected term of the contract.
(5) A procurement of administrative law judge service using a small purchase process
is subject to rules made pursuant to Subsection 
63G-6a-506
(2)(c).
Section 177. Section 
63G-6a-202
 is amended to read:
63G-6a-202.
Creation of Utah State Procurement Policy Board.
(1) There is created the Utah State Procurement Policy Board.
(2) The board consists of up to 15 members as follows:
(a) two representatives of state institutions of higher education, appointed by the Utah
Board of Higher Education;
(b) a representative of the Department of Human Services, appointed by the executive
director of that department;
(c) a representative of the Department of Transportation, appointed by the executive
director of that department;
(d) two representatives of school districts, appointed by the State Board of Education;
(e) a representative of the Division of Facilities Construction and Management,
appointed by the director of that division;
(f) one representative of a county, appointed by the Utah Association of Counties;
(g) one representative of a city or town, appointed by the Utah League of Cities and
Towns;
(h) two representatives of local districts or special service districts, appointed by the
Utah Association of Special Districts;
(i) the [
executive
] director of the [
Department
] 
Division
 of Technology Services or the
executive director's designee;
(j) the chief procurement officer or the chief procurement officer's designee; and
(k) two representatives of state agencies, other than a state agency already represented
on the board, appointed by the executive director of the Department of [
Administrative
Services
] 
Government Operations
, with the approval of the executive director of the state
agency that employs the employee.
(3) Members of the board shall be knowledgeable and experienced in, and have
supervisory responsibility for, procurement in their official positions.
(4) A board member may serve as long as the member meets the description in
Subsection (2) unless removed by the person or entity with the authority to appoint the board
member.
(5) (a) The board shall:
(i) adopt rules of procedure for conducting its business; and
(ii) elect a chair to serve for one year.
(b) The chair of the board shall be selected by a majority of the members of the board
and may be elected to succeeding terms.
(c) The chief procurement officer shall designate an employee of the division to serve
as the nonvoting secretary to the policy board.
(6) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 178. Section 
63G-6a-302
 is amended to read:
63G-6a-302.
Chief procurement officer -- Qualifications -- Authority.
[
(1) The executive director of the Department of Administrative Services, with the
consent of the governor, shall appoint the chief procurement officer after considering
recommendations from the board.
]
[
(2)
] 
(1)
 The chief procurement officer shall:
(a) have a minimum of eight years' experience:
(i) (A) in the large-scale procurement of supplies, services, or construction; or
(B) negotiating contract terms and conditions; and
(ii) at least five years of which shall have been in public or comparable private
procurement within 12 years preceding the date of appointment; and
(b) be a person with demonstrated executive and organizational ability.
[
(3)
] 
(2)
 The chief procurement officer [
appointed under Subsection (1)
] is also the
director of the Division of Purchasing and General Services.
[
(4)
] 
(3)
 The chief procurement officer has authority over a procurement by a
procurement unit, except:
(a) an independent procurement unit; or
(b) as otherwise expressly provided in this chapter.
Section 179. Section 
63G-6a-303
 is amended to read:
63G-6a-303.
Role, duties, and authority of chief procurement officer.
(1) The chief procurement officer:
(a) is the director of the division;
(b) serves as the central procurement officer of the state;
(c) serves as a voting member of the board; and
(d) serves as the protest officer for a protest relating to a procurement of an executive
branch procurement, except an executive branch procurement unit designated under Subsection
63G-6a-103
(39)(b), (c), (d), or (e) as an independent procurement unit, or a state cooperative
contract procurement, unless the chief procurement officer designates another to serve as
protest officer, as authorized in this chapter.
(2) Except as otherwise provided in this chapter, the chief procurement officer shall:
(a) develop procurement policies and procedures supporting ethical procurement
practices, fair and open competition among vendors, and transparency within the state's
procurement process;
(b) administer the state's cooperative purchasing program, including state cooperative
contracts and associated administrative fees;
(c) enter into an agreement with a public entity for services provided by the division, if
the agreement is in the best interest of the state;
(d) ensure the division's compliance with any applicable law, rule, or policy, including
a law, rule, or policy applicable to the division's role as an issuing procurement unit or
conducting procurement unit, or as the state's central procurement organization;
(e) manage the division's electronic procurement system;
(f) oversee the recruitment, training, career development, certification requirements,
and performance evaluation of the division's procurement personnel;
(g) make procurement training available to procurement units and persons who do
business with procurement units;
(h) provide exemplary customer service and continually improve the division's
procurement operations;
(i) exercise all other authority, fulfill all other duties and responsibilities, and perform
all other functions authorized under this chapter; and
(j) ensure that any training described in this Subsection (2) complies with Title 63G,
Chapter 22, State Training and Certification Requirements. 
(3) With respect to a procurement or contract over which the chief procurement officer
has authority under this chapter, the chief procurement officer, except as otherwise provided in
this chapter:
(a) shall:
(i) manage and supervise a procurement to ensure to the extent practicable that
taxpayers receive the best value;
(ii) prepare and issue standard specifications for procurement items;
(iii) review contracts, coordinate contract compliance, conduct contract audits, and
approve change orders;
(iv) in accordance with Section [
63F-1-205
] 
63A-16-204
, coordinate with the
[
Department
] 
Division
 of Technology Services, created in Section [
63F-1-103
] 
63A-16-103
,
with respect to the procurement of information technology services by an executive branch
procurement unit;
(v) correct, amend, or cancel a procurement at any stage of the procurement process if
the procurement is out of compliance with this chapter or a board rule;
(vi) after consultation with the attorney general's office, correct, amend, or cancel a
contract at any time during the term of the contract if:
(A) the contract is out of compliance with this chapter or a board rule; and
(B) the chief procurement officer determines that correcting, amending, or canceling
the contract is in the best interest of the state; and
(vii) make a reasonable attempt to resolve a contract dispute, in coordination with the
attorney general's office; and
(b) may:
(i) delegate limited purchasing authority to a state agency, with appropriate oversight
and control to ensure compliance with this chapter;
(ii) delegate duties and authority to an employee of the division, as the chief
procurement officer considers appropriate;
(iii) negotiate and settle contract overcharges, undercharges, and claims, in accordance
with the law and after consultation with the attorney general's office;
(iv) authorize a procurement unit to make a procurement pursuant to a regional
solicitation, as defined in Subsection 
63G-6a-2105
(7), even if the procurement item is also
offered under a state cooperative contract, if the chief procurement officer determines that the
procurement pursuant to a regional solicitation is in the best interest of the acquiring
procurement unit; and
(v) remove an individual from the procurement process or contract administration for:
(A) having a conflict of interest or the appearance of a conflict of interest with a person
responding to a solicitation or with a contractor;
(B) having a bias or the appearance of bias for or against a person responding to a
solicitation or for or against a contractor;
(C) making an inconsistent or unexplainable score for a solicitation response;
(D) having inappropriate contact or communication with a person responding to a
solicitation;
(E) socializing inappropriately with a person responding to a solicitation or with a
contractor;
(F) engaging in any other action or having any other association that causes the chief
procurement officer to conclude that the individual cannot fairly evaluate a solicitation
response or administer a contract; or
(G) any other violation of a law, rule, or policy.
(4) The chief procurement officer may not delegate to an individual outside the
division the chief procurement officer's authority over a procurement described in Subsection
(3)(a)(iv).
(5) The chief procurement officer has final authority to determine whether an executive
branch procurement unit's anticipated expenditure of public funds, anticipated agreement to
expend public funds, or provision of a benefit constitutes a procurement that is subject to this
chapter.
(6) Except as otherwise provided in this chapter, the chief procurement officer shall
review, monitor, and audit the procurement activities and delegated procurement authority of
an executive branch procurement unit, except to the extent that an executive branch
procurement unit is designated under Subsection 
63G-6a-103
(39)(b), (c), (d), or (e) as an
independent procurement unit, to ensure compliance with this chapter, rules made by the
applicable rulemaking authority, and division policies.
Section 180. Section 
63G-6a-506
 is amended to read:
63G-6a-506.
Small purchases.
(1) As used in this section:
(a) "Annual cumulative threshold" means the maximum total annual amount,
established by the rulemaking authority under Subsection (2), that a procurement unit may
expend to obtain procurement items from the same source under this section.
(b) "Individual procurement threshold" means the maximum amount, established by
the rulemaking authority under Subsection (2), for which a procurement unit may purchase a
procurement item under this section.
(c) "Single procurement aggregate threshold" means the maximum total amount,
established by the rulemaking authority under Subsection (2), that a procurement unit may
expend to obtain multiple procurement items from one source at one time under this section.
(2) (a) The rulemaking authority may make rules governing small purchases of any
procurement item, including construction, job order contracting, design professional services,
other professional services, information technology, and goods.
(b) Rules under Subsection (2)(a) may include provisions:
(i) establishing expenditure thresholds, including:
(A) an annual cumulative threshold;
(B) an individual procurement threshold; and
(C) a single procurement aggregate threshold;
(ii) establishing procurement requirements relating to the thresholds described in
Subsection (2)(b)(i); and
(iii) providing for the use of electronic, telephone, or written quotes.
(c) If a procurement unit obtains administrative law judge service through a small
purchase standard procurement process, rules made under Subsection (2)(a) shall provide that
the process for the procurement of administrative law judge service include an evaluation
committee described in Subsection 
63G-6a-116
(3). 
(3) Expenditures made under this section by a procurement unit may not exceed a
threshold established by the rulemaking authority, unless the procurement official gives written
authorization to exceed the threshold that includes the reasons for exceeding the threshold.
(4) Except as provided in Subsection (5), an executive branch procurement unit may
not obtain a procurement item through a small purchase standard procurement process if the
procurement item may be obtained through a state cooperative contract or a contract awarded
by the chief procurement officer under Subsection 
63G-6a-2105
(1).
(5) Subsection (4) does not apply if:
(a) the procurement item is obtained for an unanticipated, urgent, or emergency
condition, including:
(i) an item needed to avoid stopping a public construction project;
(ii) an immediate repair to a facility or equipment; or
(iii) another emergency condition; or
(b) the chief procurement officer or the procurement official of a procurement unit that
is an executive branch procurement unit with independent procurement authority:
(i) determines in writing that it is in the best interest of the procurement unit to obtain
an individual procurement item outside of the state contract, comparing:
(A) the contract terms and conditions applicable to the procurement item under the
state contract with the contract terms and conditions applicable to the procurement item if the
procurement item is obtained outside of the state contract;
(B) the maintenance and service applicable to the procurement item under the state
contract with the maintenance and service applicable to the procurement item if the
procurement item is obtained outside of the state contract;
(C) the warranties applicable to the procurement item under the state contract with the
warranties applicable to the procurement item if the procurement item is obtained outside of
the state contract;
(D) the quality of the procurement item under the state contract with the quality of the
procurement item if the procurement item is obtained outside of the state contract; and
(E) the ability of the vendor under the state contract to match the quoted cost of the
procurement item if the procurement item is obtained outside of the state contract;
(ii) for a procurement item that, if defective in its manufacture, installation, or
performance, may result in serious physical injury, death, or substantial property damage,
determines in writing that the terms and conditions, relating to liability for injury, death, or
property damage, available from the source other than the contractor who holds the state
contract, are similar to, or better than, the terms and conditions available under the state
contract; and
(iii) grants an exception, in writing, to the requirement described in Subsection (4).
(6) Except as otherwise expressly provided in this section, a procurement unit:
(a) may not use the small purchase standard procurement process described in this
section for ongoing, continuous, and regularly scheduled procurements that exceed the annual
cumulative threshold; and
(b) shall make its ongoing, continuous, and regularly scheduled procurements that
exceed the annual cumulative threshold through a contract awarded through another standard
procurement process described in this chapter or an applicable exception to another standard
procurement process, described in Part 8, Exceptions to Procurement Requirements.
(7) This section does not prohibit regularly scheduled payments for a procurement item
obtained under another provision of this chapter.
(8) (a) It is unlawful for a person knowingly to divide a single procurement into
multiple smaller procurements, including by dividing an invoice or purchase order into
multiple invoices or purchase orders, if:
(i) the single procurement would not have qualified as a small purchase under this
section;
(ii) one or more of the multiple smaller procurements qualify as a small purchase under
this section; and
(iii) the division is done with the intent to:
(A) avoid having to use a standard procurement process, other than the small purchase
process, that the person would otherwise be required to use for the single procurement; or
(B) make one or more of the multiple smaller procurements fall below a small
purchase expenditure threshold established by rule under Subsection (2)(b) that the single
procurement would not have fallen below without the division.
(b) A violation of Subsection (8)(a) is subject to penalties as provided in Subsection
63G-6a-2404.3
(2).
(9) The Division of Finance within the Department of [
Administrative Services
]
Government Operations
 may conduct an audit of an executive branch procurement unit to
verify compliance with the requirements of this section.
(10) An executive branch procurement unit may not make a small purchase after
January 1, 2014, unless the chief procurement officer certifies that the person responsible for
procurements in the procurement unit has satisfactorily completed training on this section and
the rules made under this section.
Section 181. Section 
63G-7-901
 is amended to read:
63G-7-901.
Expenses of attorney general, general counsel for state judiciary, and
general counsel for the Legislature in representing the state, the state's branches,
members, or employees.
(1) (a) The Office of the Attorney General has primary responsibility to provide legal
representation to the judicial, executive, and legislative branches of state government in cases
where coverage under the Risk Management Fund created by Section 
63A-4-201
 applies.
(b) When the attorney general has primary responsibility to provide legal representation
to the judicial or legislative branches, the attorney general shall consult with the general
counsel for the state judiciary and with the general counsel for the Legislature, to solicit their
assistance in defending their respective branch, and in determining strategy and making
decisions concerning the disposition of those claims.
(c) Notwithstanding Subsection (1)(b), the decision for settlement of monetary claims
in those cases lies with the attorney general and the state risk manager.
(2) (a) If the Judicial Council, after consultation with the general counsel for the state
judiciary, determines that the Office of the Attorney General cannot adequately defend the state
judiciary, its members, or employees because of a conflict of interest, separation of powers
concerns, or other political or legal differences, the Judicial Council may direct its general
counsel to separately represent and defend it.
(b) If the general counsel for the state judiciary undertakes independent legal
representation of the state judiciary, its members, or employees, the general counsel shall notify
the state risk manager and the attorney general in writing before undertaking that
representation.
(c) If the state judiciary elects to be represented by its own counsel under this section,
the decision for settlement of claims against the state judiciary, its members, or employees,
where Risk Management Fund coverage applies, lies with the general counsel for the state
judiciary and the state risk manager.
(3) (a) If the Legislative Management Committee, after consultation with the general
counsel for the Legislature, determines that the Office of the Attorney General cannot
adequately defend the legislative branch, its members, or employees because of a conflict of
interest, separation of powers concerns, or other political or legal differences, the Legislative
Management Committee may direct its general counsel to separately represent and defend it.
(b) If the general counsel for the Legislature undertakes independent legal
representation of the Legislature, its members, or employees, the general counsel shall notify
the state risk manager and the attorney general in writing before undertaking that
representation.
(c) If the legislative branch elects to be represented by its own counsel under this
section, the decision for settlement of claims against the legislative branch, its members, or
employees, where Risk Management Fund coverage applies, lies with the general counsel for
the Legislature and the state risk manager.
(4) (a) Notwithstanding the provisions of Section 
67-5-3
 or any other provision of the
Utah Code, the attorney general, the general counsel for the state judiciary, and the general
counsel for the Legislature may bill the Department of [
Administrative Services
] 
Government
Operations
 for all costs and legal fees expended by their respective offices, including attorneys'
and secretarial salaries, in representing the state or any indemnified employee against any claim
for which the Risk Management Fund may be liable and in advising state agencies and
employees regarding any of those claims.
(b) The risk manager shall draw funds from the Risk Management Fund for this
purpose.
Section 182. Section 
63G-9-303
 is amended to read:
63G-9-303.
Meeting to examine claims -- Notice of meeting.
(1) At least 60 days preceding the annual general session of the Legislature, the board
shall hold a session for the purpose of examining the claims referred to in Section 
63G-9-302
,
and may adjourn from time to time until the work is completed.
(2) The board shall cause notice of such meeting or meetings to be published on the
Utah Public Notice Website created in Section [
63F-1-701
] 
63A-16-601
.
Section 183. Section 
63G-10-501
 is amended to read:
63G-10-501.
Definitions.
As used in this part:
(1) "Executive director" means the individual appointed under Section 
63A-1-105
 as
the executive director of the Department of [
Administrative Services
] 
Government Operations
,
created in Section 
63A-1-104
.
(2) "Risk management fund" means the fund created in Section 
63A-4-201
.
(3) "Risk manager" means the state risk manager appointed under Section 
63A-4-101
.
Section 184. Section 
63G-21-102
 is amended to read:
63G-21-102.
Definitions.
As used in this chapter:
(1) "Designated agency" means:
(a) the Governor's Office of Economic Development;
(b) the Division of Wildlife Resources;
(c) the Department of Public Safety;
(d) the [
Department
] 
Division
 of Technology Services; or
(e) the Department of Workforce Services.
(2) (a) "State service" means a service or benefit regularly provided to the public by a
designated agency.
(b) "State service" includes:
(i) for the Governor's Office of Economic Development or the [
Department
] 
Division
of Technology Services, public high-speed Internet access;
(ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
(iii) for the Department of Public Safety, fingerprinting, an online driver license
renewal, online appointment scheduling, an online motor vehicle record request, and an online
change of address with the Driver License Division; and
(iv) for the Department of Workforce Services, online job searches, verification of
submission for benefits administered by the Department of Workforce Services, online
unemployment applications, online food stamp applications, and online appointment
scheduling.
(3) "USPS" means the United States Postal Service.
Section 185. Section 
63J-1-206
 is amended to read:
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures --
Transfer of funds -- Exclusion.
(1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
exempted in the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is
governed by Section 
73-10-8
.
(2) (a) Each item of appropriation is to be expended subject to any schedule of
programs and any restriction attached to the item of appropriation, as designated by the
Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) (i) An appropriation or any surplus of any appropriation may not be diverted from
any department, agency, institution, division, or line item to any other department, agency,
institution, division, or line item.
(ii) If the money appropriated to an agency to pay lease payments under the program
established in Section 
63A-5b-703
 exceeds the amount required for the agency's lease
payments to the Division of Facilities Construction and Management, the agency may:
(A) transfer money from the lease payments line item to other line items within the
agency; and
(B) retain and use the excess money for other purposes.
(d) The money appropriated subject to a schedule of programs or restriction may be
used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program within a line item, the department, agency, or institution
shall revise its budget execution plan as provided in Section 
63J-1-209
.
(f) (i) The procedures for transferring money between programs within a line item as
provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
Education for the Minimum School Program or capital outlay programs created in Title 53F,
Chapter 3, State Funding -- Capital Outlay Programs.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (2)(f)(i) only as provided by Section 
53F-2-205
.
(3) Notwithstanding Subsection (2)(c)(i):
(a) the state superintendent may transfer money appropriated for the Minimum School
Program between line items in accordance with Section 
53F-2-205
;
(b) the Department of [
Administrative Services
] 
Government Operations
 may transfer
money appropriated for the purpose of paying the costs of paid employee postpartum recovery
leave under Section [
67-19-14.7
] 
63A-17-511
 to another department, agency, institution, or
division; and
(c) the Department of [
Administrative Services
] 
Government Operations
 may transfer
or divert money to another department, agency, institution, or division only for the purposes of
coordinating and providing a state response to the coronavirus.
Section 186. Section 
63J-1-219
 is amended to read:
63J-1-219.
Definitions -- Federal receipts reporting requirements.
(1) As used in this section:
(a) (i) "Designated state agency" means the Department of [
Administrative Services
]
Government Operations
, the Department of Agriculture and Food, the Department of Alcoholic
Beverage Control, the Department of Commerce, the Department of Heritage and Arts, the
Department of Corrections, the Department of Environmental Quality, the Department of
Financial Institutions, the Department of Health, [
the Department of Human Resource
Management,
] the Department of Human Services, the Department of Insurance, the
Department of Natural Resources, the Department of Public Safety, [
the Department of
Technology Services,
] the Department of Transportation, the Department of Veterans and
Military Affairs, the Department of Workforce Services, the Labor Commission, the Office of
Economic Development, the Public Service Commission, the Utah Board of Higher Education,
the State Board of Education, the State Tax Commission, or the Utah National Guard.
(ii) "Designated state agency" does not include the judicial branch, the legislative
branch, or an office or other entity within the judicial branch or the legislative branch.
(b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
Sec. 7501, that is reported as part of a single audit.
(c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
(2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
before October 31, prepare a report that:
(a) reports the aggregate value of federal receipts the designated state agency received
for the preceding fiscal year;
(b) reports the aggregate amount of federal funds appropriated by the Legislature to the
designated state agency for the preceding fiscal year;
(c) calculates the percentage of the designated state agency's total budget for the
preceding fiscal year that constitutes federal receipts that the designated state agency received
for that fiscal year; and
(d) develops plans for operating the designated state agency if there is a reduction of:
(i) 5% or more in the federal receipts that the designated state agency receives; and
(ii) 25% or more in the federal receipts that the designated state agency receives.
(3) (a) The report required by Subsection (2) that the Utah Board of Higher Education
prepares shall include the information required by Subsections (2)(a) through (c) for each state
institution of higher education listed in Section 
53B-2-101
.
(b) The report required by Subsection (2) that the State Board of Education prepares
shall include the information required by Subsections (2)(a) through (c) for each school district
and each charter school within the public education system.
(4) A designated state agency that prepares a report in accordance with Subsection (2)
shall submit the report to the Division of Finance on or before November 1 of each year.
(5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
report that:
(i) compiles and summarizes the reports the Division of Finance receives in accordance
with Subsection (4); and
(ii) compares the aggregate value of federal receipts each designated state agency
received for the previous fiscal year to the aggregate amount of federal funds appropriated by
the Legislature to that designated state agency for that fiscal year.
(b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
compile a list of designated state agencies that do not submit a report as required by this
section.
(6) The Division of Finance shall submit the report required by Subsection (5) to the
Executive Appropriations Committee on or before December 1 of each year.
(7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
Appropriations Committee shall place the report on the agenda for review and consideration at
the next Executive Appropriations Committee meeting.
(8) When considering the report required by Subsection (5), the Executive
Appropriations Committee may elect to:
(a) recommend that the Legislature reduce or eliminate appropriations for a designated
state agency;
(b) take no action; or
(c) take another action that a majority of the committee approves.
Section 187. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(5) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(6) The Trip Reduction Program created in Section 
19-2a-104
.
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(8) The emergency medical services grant program in Section 
26-8a-207
.
(9) The primary care grant program created in Section 
26-10b-102
.
(10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
26-18-3
(7).
(11) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(12) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(13) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
(14) Funds that the Department of Alcoholic Beverage Control retains in accordance
with Subsection 
32B-2-301
(8)(a) or (b).
(15) The General Assistance program administered by the Department of Workforce
Services, as provided in Section 
35A-3-401
.
(16) A new program or agency that is designated as nonlapsing under Section
36-24-101
.
(17) The Utah National Guard, created in Title 39, Militia and Armories.
(18) The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
(19) The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(20) The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(21) The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
(22) The Medical Education Program administered by the Medical Education Council,
as provided in Section 
53B-24-202
.
(23) The Division of Services for People with Disabilities, as provided in Section
62A-5-102
.
(24) The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
(25) The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
(26) Appropriations to the [
Department
] 
Division
 of Technology Services for
technology innovation as provided under Section [
63F-4-202
] 
63A-16-903
.
(27) The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(28) The Governor's Office of Economic Development to fund the Enterprise Zone
Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(29) Appropriations to fund the Governor's Office of Economic Development's Rural
Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
Employment Expansion Program.
(30) Appropriations to fund programs for the Jordan River Recreation Area as
described in Section 
65A-2-8
.
(31) The [
Department
] 
Division
 of Human Resource Management user training
program, as provided in Section [
67-19-6
] 
63A-17-106
.
(32) A public safety answering point's emergency telecommunications service fund, as
provided in Section 
69-2-301
.
(33) The Traffic Noise Abatement Program created in Section 
72-6-112
.
(34) The Judicial Council for compensation for special prosecutors, as provided in
Section 
77-10a-19
.
(35) A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(36) The Utah Geological Survey, as provided in Section 
79-3-401
.
(37) The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(38) Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and
78B-6-144.5
.
(39) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
(40) The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
Section 188. Section 
67-1-8.1
 is amended to read:
67-1-8.1.
Executive Residence Commission -- Recommendations as to use,
maintenance, and operation of executive residence.
(1) The Legislature finds and declares that:
(a) the state property known as the Thomas Kearns Mansion is a recognized state
landmark possessing historical and architectural qualities that should be preserved; and
(b) the Thomas Kearns Mansion was the first building listed on the National Register
of Historic Places in the state.
(2) As used in this section:
(a) "Executive residence" includes the:
(i) Thomas Kearns Mansion;
(ii) Carriage House building; and
(iii) grounds and landscaping surrounding the Thomas Kearns Mansion and the
Carriage House building.
(b) "Commission" means the Executive Residence Commission established in this
section.
(3) (a) An Executive Residence Commission is established to make recommendations
to the State Building Board for the use, operation, maintenance, repair, rehabilitation,
alteration, restoration, placement of art and monuments, or adoptive use of the executive
residence.
(b) The commission shall meet at least once a year and make any recommendations to
the State Building Board prior to August 1 of each year.
(4) The commission shall consist of nine voting members and one ex officio,
nonvoting member representing the Governor's Mansion Foundation. The membership shall
consist of:
(a) three private citizens appointed by the governor, who have demonstrated an interest
in historical preservation;
(b) three additional private citizens appointed by the governor with the following
background:
(i) an interior design professional with a background in historic spaces;
(ii) an architect with a background in historic preservation and restoration
recommended by the Utah chapter of the American Institute of Architects; and
(iii) a landscape architect with a background and knowledge of historic properties
recommended by the Utah chapter of the American Society of Landscape Architects;
(c) the director, or director's designee, of the Division of Art and Museums;
(d) the director, or director's designee, of the Division of State History; and
(e) the executive director, or executive director's designee, of the Department of
[
Administrative Services
] 
Government Operations
.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission
members expire, the governor shall appoint each new member or reappointed member to a
four-year term ending on March 1.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(6) (a) The governor shall appoint a chair from among the membership of the
commission.
(b) Six members of the commission shall constitute a quorum, and either the chair or
two other members of the commission may call meetings of the commission.
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(8) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) The Division of Facilities Construction and Management shall provide the
administrative support to the commission.
Section 189. Section 
67-5-7
 is amended to read:
67-5-7.
Establishment of career service system.
(1) The purpose of this chapter is to establish a career service system for employees of
the Office of the Attorney General that will attract and retain employees of proven ability and
experience who will devote their full time to the service of the state.
(2) The Office of the Attorney General may adopt policies necessary to implement this
chapter, including personnel and work policies different from those made by the [
Department
]
Division
 of Human Resource Management.
Section 190. Section 
67-5-22
 is amended to read:
67-5-22.
Identity theft reporting information system -- Internet website and
database -- Access -- Maintenance and rulemaking -- Criminal provisions.
(1) There is created within the Office of the Attorney General the Identity Theft
Reporting Information System (IRIS) Program to establish a database and Internet website to:
(a) allow persons in the state to submit reports of identity theft;
(b) assist the Office of the Attorney General in notifying state and local law
enforcement agencies of reports of identity theft;
(c) provide assistance and resources to victims of identity theft;
(d) provide a centralized location where information related to incidents of identity
theft may be securely stored and accessed for the benefit of victims of identity theft; and
(e) provide public education and information relating to identity theft.
(2) (a) The Internet website shall be maintained by the Office of the Attorney General
and shall be made available to the public and to victims of identity-related crimes.
(b) The Internet website shall:
(i) allow a victim of an identity-related crime to report the crime on the website and
have the victim's report routed to the appropriate law enforcement agency for the jurisdiction in
which the crime occurred; and
(ii) provide public education and information relating to identity theft.
(c) The Internet website may be expanded to provide other identity-related services to
victims according to the procedures of Subsection (4).
(3) (a) The [
Department
] 
Division
 of Technology Services shall administer and
maintain the database established under this section in an electronic file or other format as
established by the department.
(b) (i) The database shall be maintained for the purpose of identifying victims of
identity theft who have filed a report with the program established under this section, and may
contain the personally identifiable information for each victim, which may include the
following information related to an incident of identify theft:
(A) the victim's name, address, email addresses, and telephone numbers;
(B) the victim's [
Social Security
] 
social security
 number and other identifying
information;
(C) the victim's financial institution information, account numbers, and transaction
information;
(D) the victim's benefit information;
(E) the victim's credit account information;
(F) the victim's loan information;
(G) the victim's employment information;
(H) the victim's Internal Revenue Service or tax information;
(I) the victim's utility service information;
(J) information concerning legal matters or collections related to the incident;
(K) information concerning unauthorized or illegal transactions, denied credit, stolen
identification, and all other unauthorized actions related to the identity theft; and
(L) any other information related to the incident of identity theft that the victim or the
Office of the Attorney General elects to include in the database.
(ii) The database shall record and maintain:
(A) identification information for each person who requests or receives information
from the database;
(B) a record of the information that is requested or received by each person who
requests or receives information from the database; and
(C) a record of the date and time that any information is requested or provided from the
database.
(c) Information in the database is considered to be the property of the Office of the
Attorney General, and retains any classification given it under Title 63G, Chapter 2,
Government Records Access and Management Act.
(4) The [
Department
] 
Division
 of Technology Services, with the approval of the Office
of the Attorney General, may make rules to:
(a) permit the following persons to have access to the database:
(i) federal, state, and local law enforcement authorities, provided that the authority is
acting within a specified duty of the authority's employment in enforcing laws;
(ii) participating merchants and financial institutions, provided that the merchant or
institution has entered into an access agreement with the Office of the Attorney General; and
(iii) other persons, to be established by rule, provided that the person's access to the
information is necessary and reasonable to accomplish the purposes of the program as provided
in Subsection (1);
(b) define and enforce limitations on access to information via the Internet website or
in the database; and
(c) establish standards and procedures to ensure accurate identification of individuals
that are requesting or receiving information from the Internet website or the database.
(5) (a) In addition to the penalties provided under Title 63G, Chapter 2, Government
Records Access and Management Act, a person may not knowingly and intentionally release or
disclose information from the database in violation of the limitations provided under
Subsection (4)(a).
(b) A violation of Subsection (5)(a) is a third degree felony.
(6) (a) A person may not obtain or attempt to obtain information from the database by
misrepresentation or fraud.
(b) A violation of Subsection (6)(a) is a third degree felony.
(7) (a) A person may not knowingly and intentionally use, release, publish, or
otherwise make available to any other person or entity any information obtained from the
database for any purpose other than those specified under Subsection (4)(a).
(b) Each separate violation of Subsection (7)(a) is a third degree felony.
Section 191. Section 
67-8-3
 is amended to read:
67-8-3.
Compensation plan for appointive officers -- Exceptions -- Legislative
approval -- Career status attorneys.
(1) (a) The [
executive
] director of the [
Department
] 
Division
 of Human Resource
Management, based upon recommendations of the Executive and Judicial Compensation
Commission shall, before October 31 of each year, recommend to the governor a compensation
plan for appointed officers of the state except those officers whose compensation is set under
Section 
49-11-203
, 
53E-3-302
, 
53B-1-408
, or 
53C-1-301
.
(b) The plan shall include salaries and wages, paid leave, group insurance plans,
retirement programs, and any other benefits that may be offered to state officers.
(2) The governor shall include in each annual budget proposal to the Legislature
specific recommendations on compensation for those appointed state officers in Subsection (1).
(3) (a) After consultation with the attorney general, the [
executive
] director of the
[
Department
] 
Division
 of Human Resource Management shall place career status attorneys on
a state salary schedule at a range comparable with salaries paid attorneys in private and other
public employment.
(b) The attorney general and the executive director shall take into consideration the
experience of the attorney, length of service with the Office of the Attorney General, quality of
performance, and responsibility involved in legal assignments.
(c) The attorney general and the executive director shall periodically adjust the salary
levels for attorneys in a career status to reasonably compensate them for full-time employment
and the restrictions placed on the private practice of law.
Section 192. Section 
67-8-5
 is amended to read:
67-8-5.
Duties of commission -- Salary recommendations.
(1) The commission shall recommend to the Legislature:
(a) salaries for the governor, the lieutenant governor, the attorney general, the state
auditor, and the state treasurer; and
(b) salaries for justices of the Supreme Court and judges of the constitutional and
statutory courts of record.
(2) In making the salary recommendations described in Subsection (1), the commission
shall:
(a) consider:
(i) the education and experience required for the position;
(ii) the responsibility required of the position;
(iii) whether the position requires accountability for funds or staff;
(iv) wages paid for other comparable public and private employment in the state and in
other similarly situated states;
(v) any increase in the Consumer Price Index since the commission's last
recommendations; and
(vi) any other factors typically used to make similar recommendations;
(b) consult with the [
Department
] 
Division
 of Human Resource Management; and
(c) for the salary recommendations described in Subsection (1)(b), consult with the
Judicial Council.
(3) No later than January 2, the commission shall submit an annual electronic report to
the Executive Appropriations Committee, the president of the Senate, the speaker of the House
of Representatives, and the governor that:
(a) briefly summarizes the commission's activities during the previous calendar year;
and
(b) provides any recommendations to modify the salaries of:
(i) the governor, lieutenant governor, attorney general, state auditor, or state treasurer;
or
(ii) the justices of the Supreme Court or judges of the constitutional and statutory
courts of record.
(4) The Judicial Council shall cooperate with the commission in providing information
relevant to the duties of the commission.
Section 193. Section 
67-19a-101
 is amended to read:
67-19a-101.
Definitions.
As used in this chapter:
(1) "Abusive conduct" means the same as that term is defined in Section 
67-26-102
.
(2) "Administrator" means the person appointed under Section 
67-19a-201
 to head the
Career Service Review Office.
(3) "Career service employee" means a person employed in career service as defined in
Section 
67-19-3
.
(4) [
"Department"
] 
"Division"
 means the [
Department
] 
Division
 of Human Resource
Management.
(5) "Employer" means the state of Utah and all supervisory personnel vested with the
authority to implement and administer the policies of an agency.
(6) "Excusable neglect" means harmless error, mistake, inadvertence, surprise, a failure
to discover evidence that, through due diligence, could not have been discovered in time to
meet the applicable time period, misrepresentation or misconduct by the employer, or any other
reason justifying equitable relief. 
(7) "Grievance" means:
(a) a complaint by a career service employee concerning any matter touching upon the
relationship between the employee and the employer;
(b) any dispute between a career service employee and the employer;
(c) a complaint by a reporting employee that a public entity has engaged in retaliatory
action against the reporting employee ; and
(d) a complaint that the employer subjected the employee to conditions that a
reasonable person would consider intolerable, including abusive conduct.
(8) "Office" means the Career Service Review Office created under Section
67-19a-201
.
(9) "Public entity" means the same as that term is defined in Section 
67-21-2
.
(10) "Reporting employee" means an employee of a public entity who alleges that the
public entity engaged in retaliatory action against the employee.
(11) "Retaliatory action" means to do any of the following to an employee in violation
of Section 
67-21-3
:
(a) dismiss the employee;
(b) reduce the employee's compensation;
(c) fail to increase the employee's compensation by an amount that the employee is
otherwise entitled to or was promised;
(d) fail to promote the employee if the employee would have otherwise been promoted;
or
(e) threaten to take an action described in Subsections (11)(a) through (d).
(12) "Supervisor" means the person:
(a) to whom an employee reports; or
(b) who assigns and oversees an employee's work.
Section 194. Section 
67-19a-202
 is amended to read:
67-19a-202.
Powers -- Scope of authority.
(1) The office shall serve as the final administrative body to review a grievance from a
career service employee and an agency of a decision regarding:
(a) a dismissal;
(b) a demotion;
(c) a suspension;
(d) a reduction in force;
(e) a dispute concerning abandonment of position;
(f) a wage grievance if an employee is not placed within the salary range of the
employee's current position;
(g) a violation of a rule adopted under 
Title 63A,
 Chapter [
] 
, Utah State
Personnel Management Act; or
(h) except as provided by Subsection (4), equitable administration of the following
benefits:
(i) long-term disability insurance;
(ii) medical insurance;
(iii) dental insurance;
(iv) post-retirement health insurance;
(v) post-retirement life insurance;
(vi) life insurance;
(vii) defined contribution retirement;
(viii) defined benefit retirement; and
(ix) a leave benefit.
(2) The office shall serve as the final administrative body to review a grievance by a
reporting employee alleging retaliatory action.
(3) The office shall serve as the final administrative body to review, without an
evidentiary hearing, the findings of an abusive conduct investigation described in Section
67-26-202
 of a state executive branch agency employee.
(4) The office may not review or take action on:
(a) a personnel matter not listed in Subsections (1) through (3);
(b) a personnel matter listed in Subsections (1) through (3) that alleges discrimination
or retaliation related to a claim of discrimination that is a violation of a state or federal law for
which review and action by the office is preempted by state or federal law; or
(c) a personnel matter related to a claim for which an administrative review process is
provided by statute and administered by:
(i) the Utah State Retirement Systems under Title 49, Utah State Retirement and
Insurance Benefit Act;
(ii) the Public Employees' Benefit and Insurance Program under Title 49, Chapter 20,
Public Employees' Benefit and Insurance Program Act; or
(iii) the Public Employees' Long-Term Disability Program under Title 49, Chapter 21,
Public Employees' Long-Term Disability Act.
(5) The time limits established in this chapter supersede the procedural time limits
established in Title 63G, Chapter 4, Administrative Procedures Act.
Section 195. Section 
67-19a-205
 is amended to read:
67-19a-205.
Employment transfer.
At any point during the grievance process, the employer and the employee may
mutually agree to a transfer of the employee to another equivalent position, if and to the extent
that such a position is available, in accordance with [
department
] 
division
 rules for transfer and
reassignment. 
Section 196. Section 
67-19a-303
 is amended to read:
67-19a-303.
Employees' rights in grievance procedure.
(1) For the purpose of submitting and advancing a grievance, a career service
employee, or a reporting employee alleging retaliatory action, may:
(a) obtain assistance by a representative of the employee's choice to act as an advocate
at any level of the grievance procedure;
(b) request a reasonable amount of time during work hours to confer with the
representative and prepare the grievance; and
(c) call other employees as witnesses at a grievance hearing.
(2) The state shall allow employees to attend and testify at the grievance hearing as
witnesses if the employee has given reasonable advance notice to the employee's immediate
supervisor.
(3) No person may take any reprisals against a career service employee or a reporting
employee for:
(a) use of or participation in a grievance procedure described in this chapter; or
(b) representing and providing assistance to a career service employee as an advocate
in accordance with Subsection (1)(a).
(4) If the individual acting as an advocate for a career service employee under
Subsection (1)(a) is a state employee, the individual may not receive state compensation for the
time the employee spends in the course of that representation unless the individual uses
approved leave during that time.
(5) (a) The employing agency of an employee who files a grievance may not place
grievance forms, grievance materials, correspondence about the grievance, agency and
[
department
] 
division
 replies to the grievance, or other documents relating to the grievance in
the employee's personnel file.
(b) The employing agency of an employee who files a grievance may place records of
disciplinary action in the employee's personnel file.
(c) If any disciplinary action against an employee is rescinded through the grievance
procedures described in this chapter, the agency and the [
Department
] 
Division
 of Human
Resource Management shall remove the record of the disciplinary action from the employee's
agency personnel file and central personnel file.
(d) An agency may maintain a separate grievance file relating to an employee's
grievance, but shall discard the file after three years.
Section 197. Section 
67-19a-501
 is amended to read:
67-19a-501.
Procedural steps to be followed in an administrative review of an
abusive conduct investigation.
(1) An employee of a state executive branch agency, as defined in Section 
67-26-102
,
may, under Subsection 
67-19a-202
(3), initiate an administrative review of the findings of an
abusive conduct investigation within 10 days after the day on which the employee receives
notification of the investigative findings.
(2) (a) An employee bringing an administrative review of the findings described in
Subsection (1) may file the request for the administrative review directly with the office.
(b) The request for administrative review may describe the reasons for the
administrative review and include any submissions the employee desires to submit.
(3) (a) When an employee initiates the review described in Subsection (2) with the
office:
(i) the role of the administrative review is to review and rule upon the findings of the
abusive conduct investigation; and
(ii) an evidentiary hearing is not required.
(b) The [
department
] 
division
 shall make the abusive conduct investigative file
available for the office's in camera review.
(c) The office may:
(i) request additional relevant documents from the [
department
] 
division
 or the affected
employee; and
(ii) interview the employee who initiated the administrative review and the
investigators who conducted the investigation.
(4) (a) The office may overturn the findings of the abusive conduct investigation if the
office determines that:
(i) the findings are not reasonable, rational, or sufficiently supported by the evidence;
or
(ii) the facts on which the findings are based are inaccurate.
(b) The office may uphold the findings of the abusive conduct investigation if the
office determines that:
(i) the findings are reasonable, rational, and sufficiently supported by the evidence; and
(ii) the facts on which the findings are based are accurate.
(5) (a) Within 30 days after the day on which an employee initiates an administrative
review under this section, the office shall issue a notice stating whether the office upheld or
overturned the investigative findings.
(b) The office's determination upon administrative review of the findings resulting
from an abusive conduct investigation is final and not subject to appeal.
(c) The following are classified as protected under Title 63G, Chapter 2, Government
Records Access and Management Act, and any other applicable confidentiality provisions:
(i) the request for administrative review and any accompanying documents;
(ii) documents that any party provides;
(iii) the contents of the administrative review file; and
(iv) the office's determination. 
Section 198. Section 
67-19d-201
 is amended to read:
67-19d-201.
Trust fund -- Creation -- Oversight -- Dissolution.
(1) There is created a post-retirement benefits trust fund entitled the "State
Post-Retirement Benefits Trust Fund."
(2) The trust fund consists of:
(a) revenue provided from an ongoing labor additive as defined in Subsection
67-19d-202
(2)(g);
(b) appropriations made to the fund by the Legislature, if any;
(c) income as defined in Section 
67-19d-102
; and
(d) other revenues received from other sources.
(3) The Division of Finance shall account for the receipt and expenditures of trust fund
money.
(4) (a) The state treasurer shall invest trust fund money by following the procedures
and requirements of Part 3, Trust Fund Investments.
(b) (i) The trust fund shall earn interest.
(ii) The state treasurer shall deposit all interest or other income earned from investment
of the trust fund back into the trust fund.
(5) The board of trustees created in Section 
67-19d-202
 may expend money from the
trust fund for:
(a) the employer portion of the costs of the programs established in Sections 
[
67-19-14
through 
67-19-14.4
] 
63A-17-505
 through 
63A-17-508
; and
(b) reasonable administrative costs that the board of trustees incurs in performing their
duties as trustees of the trust fund.
(6) The board of trustees shall ensure that:
(a) money deposited into the trust fund is irrevocable and is expended only for the
employer portion of the costs of post-retirement benefits;
(b) assets of the trust fund are dedicated to providing benefits to retirees and their
beneficiaries according to the terms of the post-retirement benefit plans established by statute
and rule; and
(c) creditors of the board of trustees and of employers liable for the post-retirement
benefits may not seize, attach, or otherwise obtain assets of the trust fund.
(7) When all of the liabilities for which the trust fund was created are paid, the
Division of Finance shall transfer any assets remaining in the state trust fund into the
appropriate fund.
Section 199. Section 
67-19f-102
 is amended to read:
67-19f-102.
Definitions.
As used in this chapter:
(1) "Annual leave II" [
is as
] 
means the same as that term is
 defined in Section
[
67-19-14.6
] 
63A-17-510
.
(2) "Board of trustees" or "board" means the board of trustees created in Section
67-19f-202
.
(3) "Income" means the revenues received by the state treasurer from investments of
the trust fund principal.
(4) "Trust fund" means the State Employees' Annual Leave Trust Fund created in
Section 
67-19f-201
.
Section 200. Section 
67-19f-201
 is amended to read:
67-19f-201.
Trust fund -- Creation -- Oversight -- Dissolution.
(1) There is created a trust fund entitled the "State Employees' Annual Leave Trust
Fund."
(2) The trust fund consists of:
(a) ongoing revenue provided from a state agency set aside for accrued annual leave II
required under Section [
67-19-14.6
] 
63A-17-510
;
(b) appropriations made to the trust fund by the Legislature, if any;
(c) transfers from the termination pool described in Subsection [
67-19-14.6
]
63A-17-510
(6) made by the Division of Finance to the trust fund for annual leave liabilities
accrued before the change date established under Section [
67-19-14.6
] 
63A-17-510
;
(d) income; and
(e) revenue received from other sources.
(3) (a) The Division of Finance shall account for the receipt and expenditures of trust
fund money.
(b) The Division of Finance shall make the necessary adjustments to the amount of set
aside costs required under Subsection [
67-19-14.6
] 
63A-17-510
(4)(a) to provide that upon the
trust fund's accrual of funding equal to 10% of the annual leave liability, year-end trust fund
balances remain equal to at least 10% of the total state employee annual leave liability.
(4) (a) The state treasurer shall invest trust fund money by following the procedures
and requirements of Part 3, Investment of Trust Funds.
(b) (i) The trust fund shall earn interest.
(ii) The state treasurer shall deposit all interest or other income earned from investment
of the trust fund back into the trust fund.
(5) The board of trustees created in Section 
67-19f-202
 may expend money from the
trust fund for:
(a) reimbursement to the employer of the costs paid to the trust fund in accordance
with Section [
67-19-14.6
] 
63A-17-510
 as annual leave II is used by an employee;
(b) payments based on accrued annual leave and on accrued annual leave II that are
made upon termination of an employee; and
(c) reasonable administrative costs that the board of trustees incurs in performing its
duties as trustee of the trust fund.
(6) The board of trustees shall ensure that:
(a) money deposited into the trust fund is irrevocable and is expended only for the
costs described in Subsection (5); and
(b) assets of the trust fund are dedicated to providing annual leave and annual leave II
established by statute and rule.
(7) A creditor of the board of trustees or a state agency liable for annual leave benefits
may not seize, attach, or otherwise obtain assets of the trust fund.
Section 201. Section 
67-20-8
 is amended to read:
67-20-8.
Volunteer experience credit.
(1) State agencies shall designate positions for which approved volunteer experience
satisfies the job requirements for purposes of employment.
(2) When evaluating applicants for those designated positions, state agencies shall
consider documented approved volunteer experience in the same manner as similar paid
employment.
(3) The [
Department
] 
Division
 of Human Resource Management shall make statewide
rules governing the:
(a) designation of volunteer positions; and
(b) a uniform process to document the approval, use, and hours worked by volunteers.
Section 202. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Control;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of Heritage and Arts;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Management and Budget;
(xiv) executive director, Department of [
Administrative Services
] 
Government
Operations
;
[
(xv) executive director, Department of Human Resource Management;
]
[
(xvi)
] 
(xv)
 executive director, Department of Environmental Quality;
[
(xvii)
] 
(xvi) executive
 director, Governor's Office of Economic Development;
[
(xviii)
] 
(xvii)
 executive director, Utah Science Technology and Research Governing
Authority;
[
(xix)
] 
(xviii)
 executive director, Department of Workforce Services;
[
(xx)
] 
(xix)
 executive director, Department of Health, Nonphysician;
[
(xxi)
] 
(xx)
 executive director, Department of Human Services;
[
(xxii)
] 
(xxi)
 executive director, Department of Transportation; 
and
[
(xxiii) executive director, Department of Technology Services; and
]
[
(xxiv)
] 
(xxii)
 executive director, Department of Veterans and Military Affairs.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the [
Department
] 
Division
 of Human Resource Management.
(2) (a) The [
executive
] director of the [
Department
] 
Division
 of Human Resource
Management shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the
[
Department
] 
Division
 of Human Resource Management.
(b) (i) The [
Department
] 
Division
 of Human Resource Management shall determine
the salary range for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the [
Department
] 
Division
 of Human Resource
Management may not consider that deputy's salary range in designating the salary range for
appointed executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the [
Department
] 
Division
 of Human Resource Management
shall set the maximum salary in the salary range for each of those positions at 90% of the salary
for district judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the [
Department
] 
Division
 of Human Resource Management shall set the maximum
salary in the salary range for each of those positions at 100% of the salary for district judges as
established in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
specific salary for each appointed executive within the range established under Subsection
(2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor
shall establish a salary within the highest physician salary range established by the
[
Department
] 
Division
 of Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(4) Salaries for other Schedule A employees, as defined in Section [
67-19-15
]
63A-17-301
, that are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected
Official and Judicial Salary Act, shall be established as provided in Section [
67-19-15
]
63A-17-301
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
Section 203. Section 
67-26-102
 is amended to read:
67-26-102.
Definitions.
As used in this chapter:
(1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of an
employee to another employee of the same employer that, based on the severity, nature, or
frequency of the conduct, a reasonable person would determine:
(i) is intended to cause intimidation, humiliation, or unwarranted distress;
(ii) results in substantial physical harm or substantial psychological harm as a result of
intimidation, humiliation, or unwarranted distress; or
(iii) exploits an employee's known physical or psychological disability.
(b) "Abusive conduct" does not mean a single act unless the act is an especially severe
and egregious act that meets the standard described in Subsection (1)(a)(i), (ii), or (iii).
(2) "Abusive conduct complaint process" means the process described in Section
67-26-202
.
(3) "Administrative review process" means a process that allows an employee, in
relation to the findings of an abusive conduct investigation, to seek an administrative review
that:
(a) an employer conducts in accordance with Section 
67-26-202
; or
(b) in relation to a state executive branch agency, the [
office
] 
Career Service Review
Office
 conducts in accordance with Section 
67-19a-501
.
(4) [
"Department"
] 
"Division"
 means the [
Department
] 
Division
 of Human Resource
Management.
(5) (a) "Employee" means an employee of an employer.
(b) "Employee" includes an elected or appointed official of an employer.
(6) "Employer" means:
(a) a state executive branch agency; or
(b) an independent entity, as defined in Section 
63E-1-102
.
(7) "Office" means the Career Service Review Office created under Section
67-19a-201
.
(8) "Physical harm" means the impairment of an individual's physical health or bodily
integrity, as established by competent evidence.
(9) "Psychological harm" means the impairment of an individual's mental health, as
established by competent evidence.
(10) (a) "State executive branch agency" means a department, division, office, bureau,
or other organization within the state executive branch.
(b) "State executive branch agency" includes an agency under the authority of the
governor, lieutenant governor, state treasurer, state auditor, or attorney general.
(c) "State executive branch agency" does not include the Utah System of Higher
Education or an independent entity, as defined in Section 
63E-1-102
.
Section 204. Section 
67-26-202
 is amended to read:
67-26-202.
Abusive conduct complaint, investigation, administrative review
process.
(1) An employee may file a written complaint of abusive conduct with the human
resources department of the employee's employer if the complaint is against an employee of the
same employer as the employee filing the complaint.
(2) If an employee files a written complaint of abusive conduct under Subsection (1),
the human resources department of the employee's employer shall conduct an abusive conduct
investigation.
(3) (a) Each employer that is not a state executive branch agency:
(i) shall provide the employer's employees a process for:
(A) filing an abusive conduct complaint, including an alternative process if the
complaint involves an individual who would otherwise receive or review an abusive conduct
complaint; and
(B) an administrative review of the findings of an abusive conduct investigation
described in Subsection (2) that is substantially similar to the administrative review process
described in Section 
67-19a-501
; and
(ii) may request assistance from the [
department
] 
division
, at the [
department's
]
division's
 current consultant rate, or the office, at a reasonable rate established by the office, in
developing a process described in this Subsection (3)(a).
(b) The [
department
] 
division
 shall provide a process for an employee of a state
executive branch agency to file an abusive conduct complaint, including an alternative process
if the complaint involves an individual who would otherwise receive or review an abusive
conduct complaint.
(4) The complaint described in Subsection (1) and a subsequent abusive conduct
investigation are subject to:
(a) in relation to an employer other than a state executive branch agency, the
administrative review process described in Subsection (3)(a); and
(b) in relation to a state executive branch agency, the office's administrative review
process described in Section 
67-19a-501
.
Section 205. Section 
67-26-301
 is amended to read:
67-26-301.
Abusive conduct training.
(1) (a) The [
department
] 
division
 shall provide biennial training to educate all state
executive branch agency employees and supervisors about how to prevent abusive workplace
conduct.
(b) The training described in Subsection (1)(a) shall include information on:
(i) what constitutes abusive conduct and the ramifications of abusive conduct;
(ii) resources available to employees who are subject to abusive conduct; and
(iii) the abusive conduct complaint process described in Section 
67-26-202
.
(2) (a) The [
department
] 
division
 shall create a baseline training module for employers
that are not state executive branch agencies to educate the employers' respective employees and
supervisors about how to prevent abusive workplace conduct.
(b) The baseline training module described in Subsection (2)(a) shall include
information on what constitutes abusive conduct and the ramifications of abusive conduct.
(c) Each employer that is not a state executive branch agency shall create and provide
supplemental training to educate the employer's employees and supervisors that supplements
the [
department's
] 
division's
 baseline training module with information regarding:
(i) resources available to employees who are subject to abusive conduct; and
(ii) the employer's abusive conduct complaint process described in Section 
67-26-202
.
(d) An employer may request assistance from the [
department
] 
division
, at the
[
department's
] 
division's
 current consultant rate, in developing the training described in
Subsection (2)(c).
(3) (a) Each employer shall provide professional development training to promote:
(i) ethical conduct;
(ii) organizational leadership practices based in principles of integrity; and
(iii) the state policy described in Section 
67-26-201
.
(b) An employer may request assistance from the [
department
] 
division
, at the
[
department's
] 
division's
 current consultation rate, in developing training described in this
Subsection (3).
(4) (a) Employers shall provide and employees shall participate in the training
described in this section:
(i) at the time the employee is hired or within a reasonable time after the employee
begins employment; and
(ii) at least every other year after the employee begins employment.
(b) An employer shall, at the times described in Subsection (4)(a), provide notification
to the employee of the abusive conduct complaint process.
(5) The [
department
] 
division
 may use money appropriated to the [
department
]
division
 or access support from outside resources to:
(a) develop policies against workplace abusive conduct; and
(b) enhance professional development training on topics such as:
(i) building trust;
(ii) effective motivation;
(iii) communication;
(iv) conflict resolution;
(v) accountability;
(vi) coaching;
(vii) leadership; or
(viii) ethics.
(6) (a) Beginning in 2021, and each year after 2021, an employer that is not a state
executive branch agency shall, on or before July 31, report to the [
department
] 
division
regarding:
(i) the employer's implementation of this chapter, including the requirement to provide
a process under Section 
67-26-202
; and
(ii) the total number and outcomes of abusive conduct complaints that the employer's
employees filed and that the employer investigated or reviewed.
(b) The [
department
] 
division
 shall annually report to the Economic Development and
Workforce Services Interim Committee, no later than the November interim meeting, the
following:
(i) a description the [
department's
] 
division's
 implementation of this chapter;
(ii) the [
department's
] 
division's
 recommendations, if any, to:
(A) appropriately address and reduce workplace abusive conduct; or
(B) change definitions or training required by this section;
(iii) an annual report of the total number and outcomes of abusive conduct complaints
that employees filed and the department investigated; and
(iv) a summary of the reports the department receives under Subsection (6)(a).
Section 206. Section 
72-1-202
 is amended to read:
72-1-202.
Executive director of department -- Appointment -- Qualifications --
Term -- Responsibility -- Power to bring suits -- Salary.
(1) (a) The governor, with the advice and consent of the Senate, shall appoint an
executive director to be the chief executive officer of the department.
(b) The executive director shall be a registered professional engineer and qualified
executive with technical and administrative experience and training appropriate for the
position.
(c) The executive director shall remain in office until a successor is appointed.
(d) The executive director may be removed by the governor.
(2) In addition to the other functions, powers, duties, rights, and responsibilities
prescribed in this chapter, the executive director shall:
(a) have responsibility for the administrative supervision of the state transportation
systems and the various operations of the department;
(b) have the responsibility for the implementation of rules, priorities, and policies
established by the department and the commission;
(c) have the responsibility for the oversight and supervision of any transportation
project for which state funds are expended;
(d) have full power to bring suit in courts of competent jurisdiction in the name of the
department as the executive director considers reasonable and necessary for the proper
attainment of the goals of this chapter;
(e) receive a salary, to be established by the governor within the salary range fixed by
the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
traveling expenses while away from the executive director's office on official business;
(f) purchase all equipment, services, and supplies necessary to achieve the department's
functions, powers, duties, rights, and responsibilities delegated under Section 
72-1-201
;
(g) have the responsibility to determine whether a purchase from, contribution to, or
other participation with a public entity or association of public entities in a pooled fund
program to acquire, develop, or share information, data, reports, or other services related to the
department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
Code;
(h) have responsibility for administrative supervision of the Comptroller Division, the
Internal Audit Division, and the Communications Division; and
(i) appoint assistants, to serve at the discretion of the executive director, to administer
the divisions of the department.
(3) The executive director may employ other assistants and advisers as the executive
director finds necessary and fix salaries in accordance with the salary standards adopted by the
[
Department
] 
Division
 of Human Resource Management.
Section 207. Section 
79-2-401
 is amended to read:
79-2-401.
Volunteer workers authorized.
(1) The department and its divisions may use volunteer workers to supplement the
salaried work force.
(2) A volunteer may be reimbursed for expenses actually and necessarily incurred,
including transportation, meals, lodging, uniforms, and other items as approved by the Division
of Finance, in the amounts and in accordance with the rules of the Division of Finance.
(3) A volunteer is considered an employee of the state for the purposes stated in
Section 
67-20-3
.
(4) A volunteer may not donate a service to the department or a division unless the
work program in which the volunteer would serve has first been approved, in writing, by the
executive director and the [
executive
] director of the [
Department
] 
Division
 of Human
Resource Management.
(5) Volunteer services shall comply with the rules adopted by the [
Department
]
Division
 of Human Resource Management relating to the services that are not inconsistent with
this section.
Section 208. 
Repealer.
This bill repeals:
Section 
63F-1-105
,
Appointment of executive director -- Compensation --
Authority.
Section 
63F-1-302
,
Information Technology Rate Committee -- Membership --
Duties.
Section 
63F-1-401
,
Title.
Section 
63F-1-501
,
Title.
Section 
63F-1-601
,
Title.
Section 
63F-2-101
,
Title.
Section 
63F-3-101
,
Title.
Section 
63F-4-101
,
Title.
Section 
67-19-29
,
Violation a misdemeanor.
Section 
67-19d-101
,
Title.
Section 
67-19e-101
,
Title.
Section 
67-19f-101
,
Title.
Section 
67-25-101
,
Title.
Section 
67-25-301
,
Title.
Section 
67-26-101
,
Title.
Section 209. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts otherwise appropriated for
fiscal year 2022.
Subsection 209(a). 
Operating and Capital Budgets.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
To Department of Human Resource Management - Human Resource Management
From General Fund
(42,400)
From Beginning Nonlapsing Balances
(82,600)
From Closing Nonlapsing Balances
105,900
Schedule of Programs:
Statewide Management Liability Training (19,100)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Human
Resource Management - Human Resource Management as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Human
Resource Management.
ITEM 2
To Department of Government Operations - Human Resource Management
From General Fund
42,400
From Beginning Nonlapsing Balances
82,600
From Closing Nonlapsing Balances
(105,900)
Schedule of Programs:
Statewide Management Liability Training 19,100
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Human
Resource Management - Human Resource Management as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Human
Resource Management.
ITEM 3
To Department of Administrative Services - Administrative Rules
From General Fund
(705,500)
From General Fund, One-time
(1,900)
From Beginning Nonlapsing Balances
(261,600)
From Closing Nonlapsing Balances
324,300
Schedule of Programs:
DAR Administration (644,700)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Administrative Rules as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Administrative Rules.
ITEM 4
To Department of Government Operations - Administrative Rules
From General Fund
705,500
From General Fund, One-time
1,900
From Beginning Nonlapsing Balances
261,600
From Closing Nonlapsing Balances
(324,300)
Schedule of Programs:
DAR Administration 644,700
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Administrative Rules as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Administrative Rules.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Office of Administrative Rules
line item, whose mission is "to enable citizen participation in their own government by
supporting agency rulemaking and ensuring agency compliance with the Utah Administrative
Rulemaking Act." The department shall report to the Office of the Legislative Fiscal Analyst
and to the Governor's Office of Management and Budget before October 1, 2021 the final
status of performance measures for FY 2021 and the current status of the following
performance measures for FY 2022: 1) average number of business days to review rule filings
(target: 4 days or less); and 2) average number of days from the effective date to publish the
final version of an administrative rule after the rule becomes effective (target: 14 days or less).
ITEM 5
To Department of Administrative Services - DFCM Administration
From General Fund
(3,659,300)
From General Fund, One-time
(11,500)
From Education Fund
(734,600)
From Education Fund, One-time
(2,600)
From Dedicated Credits Revenue
(1,003,900)
From Dedicated Credits Revenue, One-time
(3,400)
From Capital Projects Fund
(3,858,100)
From Capital Projects Fund, One-time
(13,400)
From Beginning Nonlapsing Balances
(577,100)
From Closing Nonlapsing Balances
189,300
Schedule of Programs:
DFCM Administration (8,959,300)
Energy Program (538,200)
Governor's Residence (177,100)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - DFCM Administration as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - DFCM Administration.
ITEM 6
To Department of Government Operations - DFCM Administration
From General Fund
3,659,300
From General Fund, One-time
11,500
From Education Fund
734,600
From Education Fund, One-time
2,600
From Dedicated Credits Revenue
1,003,900
From Dedicated Credits Revenue, One-time
3,400
From Capital Projects Fund
3,858,100
From Capital Projects Fund, One-time
13,400
From Beginning Nonlapsing Balances
577,100
From Closing Nonlapsing Balances
(189,300)
Schedule of Programs:
DFCM Administration 8,959,300
Energy Program 538,200
Governor's Residence 177,100
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - DFCM Administration as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - DFCM Administration.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the DFCM Administration line item,
whose mission is "to provide professional services to assist State entities in meeting their
facility needs for the benefit of the public." The department shall report to the Office of the
Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before
October 1, 2021 the final status of performance measures for FY 2021 and the current status of
the following performance measures for FY 2022: 1) capital improvement projects completed
in the fiscal year they are funded (target: at least 86%); and 2) accuracy of Capital Budget
Estimates (CBE) (baseline +/- 10%; target +/- 5%).
The Legislature intends that any excess DFCM Project Reserve Funds or Contingency
Reserve Funds, as determined by DFCM's analysis of current balances and projected needs,
will be transferred to the Utah State Correctional Facility project before any other uses of these
funds for FY 2022.
ITEM 7
To Department of Administrative Services - Finance - Elected Official Post-Retirement
Benefits Contribution
From General Fund
(1,248,800)
Schedule of Programs:
Elected Official Post-Retirement Trust Fund (1,248,800)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Elected Official Post-Retirement Benefits Contribution as
fiscal year 2022 beginning nonlapsing appropriation balances in Department of Government
Operations - Finance - Elected Official Post-Retirement Benefits Contribution.
ITEM 8
To Department of Government Operations - Finance - Elected Official Post-Retirement
Benefits Contribution
From General Fund
1,248,800
Schedule of Programs:
Elected Official Post-Retirement Trust Fund 1,248,800
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Elected Official Post-Retirement Benefits Contribution as
fiscal year 2022 beginning nonlapsing appropriation balances in Department of Government
Operations - Finance - Elected Official Post-Retirement Benefits Contribution.
ITEM 9
To Department of Administrative Services - Executive Director
From General Fund
(1,558,300)
From General Fund, One-time
(2,700)
From Dedicated Credits Revenue
(238,700)
From Dedicated Credits Revenue, One-time
(600)
From Beginning Nonlapsing Balances
(250,000)
From Closing Nonlapsing Balances
150,000
Schedule of Programs:
Executive Director (1,900,300)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Executive Director as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Executive Director.
ITEM 10
To Department of Government Operations - Executive Director
From General Fund
1,558,300
From General Fund, One-time
2,700
From Dedicated Credits Revenue
238,700
From Dedicated Credits Revenue, One-time
From Beginning Nonlapsing Balances
250,000
From Closing Nonlapsing Balances
(150,000)
Schedule of Programs:
Executive Director 1,900,300
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Executive Director as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Executive Director.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Executive Director line item,
whose mission is "to create innovative solutions to transform government services." The
department shall report to the Office of the Legislative Fiscal Analyst and to the Governor's
Office of Management and Budget before October 1, 2021 the final status of performance
measures for FY 2021 and the current status of the following performance measures for FY
2022: 1) independent evaluation/audit of divisions/key programs (target: at least 4 annually);
and 2) air quality improvement activities across state agencies (targets: 25 activities each year).
ITEM 11
To Department of Administrative Services - Finance - Mandated
From General Fund
(5,278,000)
From General Fund, One-time
4,500,000
From General Fund Restricted - Economic Incentive Restricted Account
(3,255,000)
From Gen. Fund Rest. - Land Exchange Distribution Account
(308,200)
Schedule of Programs:
Development Zone Partial Rebates (3,255,000)
Land Exchange Distribution (308,200)
State Employee Benefits (778,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Mandated as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Finance - Mandated.
ITEM 12
To Department of Government Operations - Finance - Mandated
From General Fund
5,278,000
From General Fund, One-time
(4,500,000)
From General Fund Restricted - Economic Incentive Restricted Account
3,255,000
From Gen. Fund Rest. - Land Exchange Distribution Account
308,200
Schedule of Programs:
Development Zone Partial Rebates 3,255,000
Land Exchange Distribution 308,200
State Employee Benefits 778,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Mandated as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Finance - Mandated.
ITEM 13
To Department of Administrative Services - Finance - Mandated - Ethics Commissions
From General Fund
(17,300)
From Beginning Nonlapsing Balances
(99,100)
From Closing Nonlapsing Balances
100,700
Schedule of Programs:
Executive Branch Ethics Commission (5,700)
 Political Subdivisions Ethics Commission (10,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Mandated - Ethics Commissions as fiscal year 2022
beginning nonlapsing appropriation balances in Department of Government Operations -
Finance - Mandated - Ethics Commissions.
ITEM 14
To Department of Government Operations - Finance - Mandated - Ethics Commissions
From General Fund
17,300
From Beginning Nonlapsing Balances
99,100
From Closing Nonlapsing Balances
(100,700)
Schedule of Programs:
Executive Branch Ethics Commission 5,700
Political Subdivisions Ethics Commission 10,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance - Mandated - Ethics Commissions as fiscal year 2022
beginning nonlapsing appropriation balances in Department of Government Operations -
Finance - Mandated - Ethics Commissions.
ITEM 15
To Department of Administrative Services - Finance Administration
From General Fund
(7,047,100)
From General Fund, One-time
(21,900)
From Transportation Fund
(450,000)
From Dedicated Credits Revenue
(1,844,500)
From Dedicated Credits Revenue, One-time
(7,300)
From Gen. Fund Rest. - Internal Service Fund Overhead
(1,337,600)
From Gen. Fund Rest. - Internal Service Fund Overhead, One-time
(3,000)
From Qualified Patient Enterprise Fund
(2,500)
From Beginning Nonlapsing Balances
(835,800)
From Closing Nonlapsing Balances
200,500
Schedule of Programs:
Finance Director's Office (550,900)
Financial Information Systems (4,336,300)
Financial Reporting (2,039,100)
Payables/Disbursing (2,095,900)
Payroll (2,027,600)
Technical Services (299,400)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance Administration as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Finance Administration.
ITEM 16
To Department of Government Operations - Finance Administration
From General Fund
7,047,100
From General Fund, One-time
21,900
From Transportation Fund
450,000
From Dedicated Credits Revenue
1,844,500
From Dedicated Credits Revenue, One-time
7,300
From Gen. Fund Rest. - Internal Service Fund Overhead
1,337,600
From Gen. Fund Rest. - Internal Service Fund Overhead, One-time
3,000
From Qualified Patient Enterprise Fund
2,500
From Beginning Nonlapsing Balances
835,800
From Closing Nonlapsing Balances
(200,500)
Schedule of Programs:
Finance Director's Office 550,900
Financial Information Systems 4,336,300
Financial Reporting 2,039,100
Payables/Disbursing 2,095,900
Payroll 2,027,600
 Technical Services 299,400
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance Administration as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Finance Administration.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Finance Administration line item,
whose mission is "to serve Utah citizens and state agencies with fiscal leadership and quality
financial systems, processes, and information." The department shall report to the Office of the
Legislative Fiscal Analyst and to the Governor's Office of Management and Budget before
October 1, 2021 the final status of performance measures for FY 2021 and the current status of
the following performance measure for FY 2022: close the fiscal year within 60 days of the end
of the fiscal year (baseline: 101 days after June 30; target: 60 days after June 30).
ITEM 17
To Department of Administrative Services - Inspector General of Medicaid Services
From General Fund
(1,261,500)
From General Fund, One-time
(4,300)
From Federal Funds
(8,000)
From Medicaid Expansion Fund
(36,700)
From Medicaid Expansion Fund, One-time
(100)
From Revenue Transfers
(2,499,000)
From Revenue Transfers, One-time
(8,500)
From Beginning Nonlapsing Balances
(155,200)
From Closing Nonlapsing Balances
155,200
Schedule of Programs:
Inspector General of Medicaid Services (3,818,100)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Inspector General of Medicaid Services as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Inspector
General of Medicaid Services.
ITEM 18
To Department of Government Operations - Inspector General of Medicaid Services
From General Fund
1,261,500
From General Fund, One-time
4,300
From Federal Funds
8,000
From Medicaid Expansion Fund
36,700
From Medicaid Expansion Fund, One-time
From Revenue Transfers
2,499,000
From Revenue Transfers, One-time
8,500
From Beginning Nonlapsing Balances
155,200
From Closing Nonlapsing Balances
(155,200)
Schedule of Programs:
Inspector General of Medicaid Services 3,818,100
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Inspector General of Medicaid Services as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Inspector
General of Medicaid Services.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Office of Inspector
General of Medicaid Services, whose goal is to "eliminate fraud, waste, and abuse within the
Medicaid program" report its performance measures to the Office of the Legislative Fiscal
Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the
final status of performance measures for FY 2021 and the current status of the following
performance measures for FY 2022: 1) cost avoidance projected over one year and three years;
2) Medicaid dollars recovered through cash collections, directed re-bills, and credit
adjustments; 3) the number of credible allegations of provider and/or recipient fraud received,
initial investigations conducted, and referred to an outside entity (e.g. Medicaid Fraud Control
Unit, Department of Workforce Services, local law enforcement, etc.); 4) the number of fraud,
waste, and abuse cases identified and evaluated; and 5) the number of recommendations for
improvement made to the Department of Health.
The Legislature intends that the Inspector General of Medicaid Services retain up to an
additional $60,000 of the State's share of Medicaid collections during FY 2022 to pay the
Office of the Attorney General for the State costs of the one attorney FTE that the Office of the
Inspector General is using.
ITEM 19
To Department of Administrative Services - Judicial Conduct Commission
From General Fund
(281,600)
From General Fund, One-time
(700)
From Beginning Nonlapsing Balances
(5,100)
From Closing Nonlapsing Balances
9,800
Schedule of Programs:
Judicial Conduct Commission (277,600)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Judicial Conduct Commission as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Judicial Conduct
Commission.
ITEM 20
To Department of Government Operations - Judicial Conduct Commission
From General Fund
281,600
From General Fund, One-time
From Beginning Nonlapsing Balances
5,100
From Closing Nonlapsing Balances
(9,800)
Schedule of Programs:
Judicial Conduct Commission 277,600
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Judicial Conduct Commission as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Judicial Conduct
Commission.
ITEM 21
To Department of Administrative Services - Post Conviction Indigent Defense
From General Fund
(33,900)
From Beginning Nonlapsing Balances
(136,500)
From Closing Nonlapsing Balances
136,500
Schedule of Programs:
Post Conviction Indigent Defense Fund (33,900)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Post Conviction Indigent Defense as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Post Conviction
Indigent Defense.
ITEM 22
To Department of Government Operations - Post Conviction Indigent Defense
From General Fund
33,900
From Beginning Nonlapsing Balances
136,500
From Closing Nonlapsing Balances
(136,500)
Schedule of Programs:
Post Conviction Indigent Defense Fund 33,900
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Post Conviction Indigent Defense as fiscal year 2022 beginning
nonlapsing appropriation balances in Department of Government Operations - Post Conviction
Indigent Defense.
ITEM 23
To Department of Administrative Services - Purchasing
From General Fund
(860,800)
From General Fund, One-time
(4,500)
Schedule of Programs:
Purchasing and General Services (865,300)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Purchasing as fiscal year 2022 beginning nonlapsing appropriation
balances in Department of Government Operations - Purchasing.
ITEM 24
To Department of Government Operations - Purchasing
From General Fund
860,800
From General Fund, One-time
4,500
Schedule of Programs:
Purchasing and General Services 865,300
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Purchasing as fiscal year 2022 beginning nonlapsing appropriation
balances in Department of Government Operations - Purchasing.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Purchasing and General Services
line item, whose purpose is to ensure that the state agencies adhere to the requirement of the
Utah Procurement Code when conducting procurements. The department shall report to the
Office of the Legislative Fiscal Analyst and to the Governor's Office of Management and
Budget before October 1, 2021 the final status of performance measures for FY 2021 and the
current status of the following performance measures for FY 2022: 1) increase the average
discount on State of Utah Best Value Cooperative Contracts (baseline: 32%, target: 40%); 2)
increase the number of State of Utah Best Value Cooperative Contracts for public entities to
use (baseline: 950, target: 1,000); and 3) increase the amount of total spend on State of Utah
Best Value Cooperative Contracts (baseline: $550 million, target: $600 million).
ITEM 25
To Department of Administrative Services - State Archives
From General Fund
(3,322,200)
From General Fund, One-time
(11,500)
From Federal Funds
(44,100)
From Federal Funds, One-time
(500)
From Dedicated Credits Revenue
(67,600)
From Dedicated Credits Revenue, One-time
(100)
From Beginning Nonlapsing Balances
(58,300)
From Closing Nonlapsing Balances
92,800
Schedule of Programs:
Archives Administration (1,735,500)
Open Records (100)
Patron Services (702,200)
Preservation Services (262,300)
Records Analysis (711,500)
Records Services 100
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - State Archives as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - State Archives.
ITEM 26
To Department of Government Operations - State Archives
From General Fund
3,322,200
From General Fund, One-time
11,500
From Federal Funds
44,100
From Federal Funds, One-time
From Dedicated Credits Revenue
67,600
From Dedicated Credits Revenue, One-time
From Beginning Nonlapsing Balances
58,300
From Closing Nonlapsing Balances
(92,800)
Schedule of Programs:
Archives Administration 1,735,500
Open Records 100
Patron Services 702,200
Preservation Services 262,300
Records Analysis 711,500
Records Services (100)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - State Archives as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - State Archives.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the State Archives line item, whose
mission is "to assist Utah government agencies in the efficient management of their records, to
preserve those records of enduring value, and to provide quality access to public information."
The department shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Management and Budget before October 1, 2021 the final status of
performance measures for FY 2021 and the current status of the following performance
measures for FY 2022: 1) percentage of reformatted records that meet or exceed estimated
completion date (target: 80%); 2) percentage of reformatted records projects completed that
were error-free in quality control checks (target: 90%); and 3) government employees receiving
training and certified as a records officer (target: at least a 10% increase).
ITEM 27
To Department of Administrative Services - Finance Mandated - Mineral Lease Special
Service Districts
From General Fund Restricted - Mineral Lease
(27,797,500)
Schedule of Programs:
Mineral Lease Payments (24,162,700)
Mineral Lease Payments in Lieu (3,634,800)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance Mandated - Mineral Lease Special Service Districts as fiscal
year 2022 beginning nonlapsing appropriation balances in Department of Government
Operations - Finance Mandated - Mineral Lease Special Service Districts.
ITEM 28
To Department of Government Operations - Finance Mandated - Mineral Lease Special
Service Districts
From General Fund Restricted - Mineral Lease
27,797,500
Schedule of Programs:
Mineral Lease Payments 24,162,700
Mineral Lease Payments in Lieu 3,634,800
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of
Administrative Services - Finance Mandated - Mineral Lease Special Service Districts as fiscal
year 2022 beginning nonlapsing appropriation balances in Department of Government
Operations - Finance Mandated - Mineral Lease Special Service Districts.
ITEM 29
To Department of Technology Services - Chief Information Officer
From General Fund
(668,200)
From General Fund, One-time
(700)
Schedule of Programs:
Chief Information Officer (668,900)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Technology
Services - Chief Information Officer as fiscal year 2022 beginning nonlapsing appropriation
balances in Department of Government Operations - Chief Information Officer.
ITEM 30
To Department of Government Operations - Chief Information Officer
From General Fund
668,200
From General Fund, One-time
Schedule of Programs:
Chief Information Officer 668,900
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Technology
Services - Chief Information Officer as fiscal year 2022 beginning nonlapsing appropriation
balances in Department of Government Operations - Chief Information Officer.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Chief Information Officer line
item. The department shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Management and Budget before October 1, 2021 the final status of
performance measures for FY 2021 appropriations bills and the current status of the following
performance measures for FY 2022: 1) data security - ongoing systematic prioritization of
high-risk areas across the state (target: score below 5,000); 2) application development -
satisfaction scores on application development projects from agencies (target: average at least
83%); and 3) procurement and deployment - ensure state employees receive computers in a
timely manner (target: at least 75%).
ITEM 31
To Department of Technology Services - Integrated Technology Division
From General Fund
(1,245,100)
From General Fund, One-time
(2,600)
From Federal Funds
(707,200)
From Federal Funds, One-time
(1,700)
From Dedicated Credits Revenue
(1,224,300)
From Dedicated Credits Revenue, One-time
(2,500)
From Gen. Fund Rest. - Statewide Unified E-911 Emerg. Acct.
(337,100)
From Gen. Fund Rest. - Statewide Unified E-911 Emerg. Acct., One-time
(700)
Schedule of Programs:
Automated Geographic Reference Center (3,521,200)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Technology
Services - Integrated Technology Division as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Integrated Technology
Division.
ITEM 32
To Department of Government Operations - Integrated Technology Division
From General Fund
1,245,100
From General Fund, One-time
2,600
From Federal Funds
707,200
From Federal Funds, One-time
1,700
From Dedicated Credits Revenue
1,224,300
From Dedicated Credits Revenue, One-time
2,500
From Gen. Fund Rest. - Statewide Unified E-911 Emerg. Acct.
337,100
From Gen. Fund Rest. - Statewide Unified E-911 Emerg. Acct., One-time
Schedule of Programs:
Automated Geographic Reference Center 3,521,200
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing nonlapsing appropriation balances from Department of Technology
Services - Integrated Technology Division as fiscal year 2022 beginning nonlapsing
appropriation balances in Department of Government Operations - Integrated Technology
Division.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Integrated Technology Division
line item. The department shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Management and Budget before October 1, 2021 the final status of
performance measures for FY 2021 and the current status of the following performance
measures for FY 2022: 1) uptime for the Automated Geographic Reference Center's (AGRC)
portfolio of streaming geographic data web services and State Geographic Information
Database connection services (target: at least 99.5%); 2) road centerline and addressing map
data layer required for Next Generation 911 services is published monthly to the State
Geographic Information Database (target: at least 120 county-sourced updates including 50
updates from Utah's class I and II counties); and 3) uptime for AGRC's TURN GPS real-time,
high precision geo-positioning service that provides differential correction services to paying
and partner subscribers in the surveying, mapping, construction, and agricultural industries
(target: at least 99.5%).
Subsection 209(b). 
Expendable Funds and Accounts.
The Legislature has reviewed the following expendable funds. The Legislature
authorizes the State Division of Finance to transfer amounts between funds and accounts as
indicated. Outlays and expenditures from the funds or accounts to which the money is
transferred may be made without further legislative action, in accordance with statutory
provisions relating to the funds or accounts.
ITEM 33
To Department of Administrative Services - State Archives Fund
From Beginning Fund Balance
(2,600)
From Closing Fund Balance
2,600
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - State
Archives Fund as fiscal year 2022 beginning fund balances in Department of Government
Operations - State Archives Fund.
ITEM 34
To Department of Government Operations - State Archives Fund
From Beginning Fund Balance
2,600
From Closing Fund Balance
(2,600)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - State
Archives Fund as fiscal year 2022 beginning fund balances in Department of Government
Operations - State Archives Fund.
ITEM 35
To Department of Administrative Services - State Debt Collection Fund
From Dedicated Credits Revenue
(3,623,300)
From Dedicated Credits Revenue, One-time
(7,100)
From Other Financing Sources
(200)
From Beginning Fund Balance
(792,400)
From Closing Fund Balance
909,200
Schedule of Programs:
State Debt Collection Fund (3,513,800)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - State
Debt Collection Fund as fiscal year 2022 beginning fund balances in Department of
Government Operations - State Debt Collection Fund.
ITEM 36
To Department of Government Operations - State Debt Collection Fund
From Dedicated Credits Revenue
3,623,300
From Dedicated Credits Revenue, One-time
7,100
From Other Financing Sources
From Beginning Fund Balance
792,400
From Closing Fund Balance
(909,200)
Schedule of Programs:
State Debt Collection Fund 3,513,800
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - State
Debt Collection Fund as fiscal year 2022 beginning fund balances in Department of
Government Operations - State Debt Collection Fund.
ITEM 37
To Department of Administrative Services - Wire Estate Memorial Fund
From Beginning Fund Balance
(168,200)
From Closing Fund Balance
168,200
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - Wire
Estate Memorial Fund as fiscal year 2022 beginning fund balances in Department of
Government Operations - Wire Estate Memorial Fund.
ITEM 38
To Department of Government Operations - Wire Estate Memorial Fund
From Beginning Fund Balance
168,200
From Closing Fund Balance
(168,200)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services - Wire
Estate Memorial Fund as fiscal year 2022 beginning fund balances in Department of
Government Operations - Wire Estate Memorial Fund.
Subsection 209(c). 
Business-like Activities.
The Legislature has reviewed the following proprietary funds. Under the terms and
conditions of Utah Code 
63J-1-410
, for any included Internal Service Fund, the Legislature
approves budgets, full-time permanent positions, and capital acquisition amounts as indicated,
and appropriates to the funds, as indicated, estimated revenue from rates, fees, and other
charges. The Legislature authorizes the State Division of Finance to transfer amounts between
funds and accounts as indicated.
ITEM 39
To Department of Human Resource Management - Human Resources Internal
Service Fund
From Dedicated Credits Revenue
(14,494,300)
From Beginning Fund Balance
(1,780,800)
From Closing Fund Balance
919,800
Schedule of Programs:
Administration (1,599,300)
Information Technology (1,079,200)
ISF - Core HR Services (246,900)
ISF - Field Services (9,689,800)
ISF - Payroll Field Services (674,900)
Policy (2,065,200)
Budgeted FTE (122.0)
Authorized Capital Outlay (1,500,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Human Resource Management -
Human Resources Internal Service Fund as fiscal year 2022 beginning fund balances in
Department of Government Operations - Human Resources Internal Service Fund.
ITEM 40
To Department of Government Operations - Human Resources Internal Service Fund
From Dedicated Credits Revenue
14,494,300
From Beginning Fund Balance
1,780,800
From Closing Fund Balance
(919,800)
Schedule of Programs:
Administration 1,599,300
Information Technology 1,079,200
ISF - Core HR Services 246,900
ISF - Field Services 9,689,800
ISF - Payroll Field Services 674,900
Policy 2,065,200
Budgeted FTE 122.0
Authorized Capital Outlay 1,500,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Human Resource Management -
Human Resources Internal Service Fund as fiscal year 2022 beginning fund balances in
Department of Government Operations - Human Resources Internal Service Fund.
ITEM 41
To Department of Administrative Services Internal Service Funds - Division of
Facilities Construction and Management - Facilities Management
From Dedicated Credits Revenue
(37,041,000)
From Beginning Fund Balance
(3,825,800)
From Closing Fund Balance
347,200
Schedule of Programs:
ISF - Facilities Management (40,519,600)
Budgeted FTE (162.0)
Authorized Capital Outlay (396,600)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Facilities Construction and Management - Facilities Management
as fiscal year 2022 beginning fund balances in Department of Government Operations Internal
Service Funds - Division of Facilities Construction and Management - Facilities Management.
ITEM 42
To Department of Government Operations Internal Service Funds - Division of
Facilities Construction and Management - Facilities Management
From Dedicated Credits Revenue
37,041,000
From Beginning Fund Balance
3,825,800
From Closing Fund Balance
(347,200)
Schedule of Programs:
ISF - Facilities Management 40,519,600
Budgeted FTE 162.0
Authorized Capital Outlay 396,600
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Facilities Construction and Management - Facilities Management
as fiscal year 2022 beginning fund balances in Department of Government Operations Internal
Service Funds - Division of Facilities Construction and Management - Facilities Management.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the ISF - Facilities Management line
item, whose mission is "to provide professional building maintenance services to State
facilities, agency customers, and the general public." The department shall report to the Office
of the Legislative Fiscal Analyst and to the Governor's Office of Management and Budget
before October 1, 2021 the final status of performance measures for FY 2021 and the current
status of the following performance measure for FY 2022: average maintenance cost per square
foot compared to the private sector (target: at least 18% less than the private market).
ITEM 43
To Department of Administrative Services Internal Service Funds - Division of Finance
From Dedicated Credits Revenue
(621,300)
From Beginning Fund Balance
(34,100)
From Closing Fund Balance
42,900
Schedule of Programs:
ISF - Purchasing Card (612,500)
Budgeted FTE (2.5)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Finance as fiscal year 2022 beginning fund balances in Department
of Government Operations Internal Service Funds - Division of Finance.
ITEM 44
To Department of Government Operations Internal Service Funds - Division of Finance
From Dedicated Credits Revenue
621,300
From Beginning Fund Balance
34,100
From Closing Fund Balance
(42,900)
Schedule of Programs:
ISF - Purchasing Card 612,500
Budgeted FTE 2.5
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Finance as fiscal year 2022 beginning fund balances in Department
of Government Operations Internal Service Funds - Division of Finance.
ITEM 45
To Department of Administrative Services Internal Service Funds - Division of
Fleet Operations
From Dedicated Credits Revenue
(60,263,700)
From Beginning Fund Balance
(50,454,400)
From Closing Fund Balance
49,713,900
Schedule of Programs:
ISF - Fuel Network (27,146,200)
ISF - Motor Pool (32,688,100)
ISF - Travel Office (496,200)
Transactions Group (673,700)
Budgeted FTE (41.0)
Authorized Capital Outlay (21,000,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Fleet Operations as fiscal year 2022 beginning fund balances in
Department of Government Operations Internal Service Funds - Division of Fleet Operations.
ITEM 46
To Department of Government Operations Internal Service Funds - Division of
 Fleet Operations
From Dedicated Credits Revenue
60,263,700
From Beginning Fund Balance
50,454,400
From Closing Fund Balance
(49,713,900)
Schedule of Programs:
ISF - Fuel Network 27,146,200
ISF - Motor Pool 32,688,100
ISF - Travel Office 496,200
Transactions Group 673,700
Budgeted FTE 41.0
Authorized Capital Outlay 21,000,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Fleet Operations as fiscal year 2022 beginning fund balances in
Department of Government Operations Internal Service Funds - Division of Fleet Operations.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Fleet Operations line item, whose
mission is "emphasizing customer service, provide safe, efficient, dependable, and responsible
transportation options." The department shall report to the Office of the Legislative Fiscal
Analyst and to the Governor's Office of Management and Budget before October 1, 2021 the
final status of performance measures for FY 2021 and the current status of the following
performance measures for FY 2022: 1) improve EPA emission standard certification level for
the State's light duty fleet in non-attainment areas (target: reduce average fleet emission by 1
mg/mile annually); 2) maintain the financial solvency of the Division of Fleet Operations
(target: 30% or less of the allowable debt); and 3) audit agency customers' mobility options and
develop improvement plans for audited agencies (target: at least 4 annually).
ITEM 47
To Department of Administrative Services Internal Service Funds - Division of
Purchasing and General Services
From Dedicated Credits Revenue
(20,233,000)
From Other Financing Sources
(27,500)
From Beginning Fund Balance
(9,500,600)
From Closing Fund Balance
9,499,200
Schedule of Programs:
ISF - Central Mailing (12,750,000)
ISF - Cooperative Contracting (4,242,000)
ISF - Federal Surplus Property (66,400)
ISF - Print Services (2,543,500)
ISF - State Surplus Property (660,000)
Budgeted FTE (97.3)
Authorized Capital Outlay (4,070,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Purchasing and General Services as fiscal year 2022 beginning
fund balances in Department of Government Operations Internal Service Funds - Division of
Purchasing and General Services.
ITEM 48
To Department of Government Operations Internal Service Funds - Division of
Purchasing and General Services
From Dedicated Credits Revenue
20,233,000
From Other Financing Sources
27,500
From Beginning Fund Balance
9,500,600
From Closing Fund Balance
(9,499,200)
Schedule of Programs:
ISF - Central Mailing 12,750,000
ISF - Cooperative Contracting 4,242,000
ISF - Federal Surplus Property 66,400
ISF - Print Services 2,543,500
ISF - State Surplus Property 660,000
Budgeted FTE 97.3
Authorized Capital Outlay 4,070,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Division of Purchasing and General Services as fiscal year 2022 beginning
fund balances in Department of Government Operations Internal Service Funds - Division of
Purchasing and General Services.
ITEM 49
To Department of Administrative Services Internal Service Funds - Risk Management
From Dedicated Credits Revenue
(610,700)
From Premiums
(54,670,700)
From Interest Income
(1,181,700)
From Other Financing Sources
(415,700)
From Beginning Fund Balance
(5,223,700)
From Closing Fund Balance
5,513,700
Schedule of Programs:
ISF - Risk Management Administration (1,311,000)
ISF - Workers' Compensation (7,842,300)
Risk Management - Auto (2,496,600)
Risk Management - Liability (26,244,400)
Risk Management - Property (18,694,500)
Budgeted FTE (32.0)
Authorized Capital Outlay (500,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Risk Management as fiscal year 2022 beginning fund balances in Department
of Government Operations Internal Service Funds - Risk Management.
ITEM 50
To Department of Government Operations Internal Service Funds - Risk Management
From Dedicated Credits Revenue
610,700
From Premiums
54,670,700
From Interest Income
1,181,700
From Other Financing Sources
415,700
From Beginning Fund Balance
5,223,700
From Closing Fund Balance
(5,513,700)
Schedule of Programs:
ISF - Risk Management Administration 1,311,000
ISF - Workers' Compensation 7,842,300
Risk Management - Auto 2,496,600
Risk Management - Liability 26,244,400
Risk Management - Property 18,694,500
Budgeted FTE 32.0
Authorized Capital Outlay 500,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Administrative Services Internal
Service Funds - Risk Management as fiscal year 2022 beginning fund balances in Department
of Government Operations Internal Service Funds - Risk Management.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Risk Management line item,
whose mission is "to insure, restore and protect State resources through innovation and
collaboration." The department shall report to the Office of the Legislative Fiscal Analyst and
to the Governor's Office of Management and Budget before October 1, 2021 the final status of
performance measures for FY 2021 and the current status of the following performance
measures for FY 2022: 1) follow up on life safety findings on onsite inspections (target:
100%); 2) annual independent claims management audit (target: at least 96%); and 3) ensure
liability fund reserves are actuarially and economically sound (baseline: 90.57%; target: 100%
of the actuary's recommendation).
ITEM 51
To Department of Technology Services Internal Service Funds - Enterprise Technology
Division
From Dedicated Credits Revenue
(127,672,400)
From Beginning Fund Balance
(26,960,600)
From Closing Fund Balance
26,636,200
Schedule of Programs:
ISF - Enterprise Technology Division (127,996,800)
Budgeted FTE (730.6)
Authorized Capital Outlay (6,000,000)
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Technology Services Internal
Service Funds - Enterprise Technology Division as fiscal year 2022 beginning fund balances in
Department of Government Operations Internal Service Funds - Enterprise Technology
Division.
ITEM 52
To Department of Government Operations Internal Service Funds - Enterprise
Technology Division
From Dedicated Credits Revenue
127,672,400
From Beginning Fund Balance
26,960,600
From Closing Fund Balance
(26,636,200)
Schedule of Programs:
ISF - Enterprise Technology Division 127,996,800
Budgeted FTE 730.6
Authorized Capital Outlay 6,000,000
The Legislature intends that, in closing out the fiscal year 2021 budget, the Division of
Finance reflect all closing fund balances from Department of Technology Services Internal
Service Funds - Enterprise Technology Division as fiscal year 2022 beginning fund balances in
Department of Government Operations Internal Service Funds - Enterprise Technology
Division.
In accordance with UCA 
63J-1-201
, the Legislature intends that the Department of
Government Operations report performance measures for the Enterprise Technology Division
line item. The department shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Management and Budget before October 1, 2021 the final status of
performance measures for FY 2021 and the current status of the following performance
measures for FY 2022: 1) customer satisfaction - measure customers' experiences and
satisfaction with IT services (target: an average of at least 4.5 out of 5); 2) application
availability - monitor DTS performance and availability of key agency business
applications/systems (target: at least 99%); and 3) competitive rates - ensure all DTS rates are
market competitive or better (target: 100%).
Subsection 209(d). 
Intent language.
Notwithstanding the effective date of this bill, the Legislature intends that the affected
agencies have until July 1, 2022, to update the financial and information systems necessary to
come into full compliance with the provisions of this bill.
Section 210. 
Effective date.
This bill takes effect on July 1, 2021.
Section 211. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if S.B. 182, Department of
Government Operations - Cross Reference Changes, does not pass.
Section 212. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, on July 1, 2021:
(1) replace "Department of Administrative Services" with "Department of Government
Operations" in any new language added to the Utah Code by legislation passed during the 2021
General Session;
(2) replace "Department of Technology Services" with "Division of Technology
Services" in any new language added to the Utah Code by legislation passed during the 2021
General Session; and
(3) replace "Department of Human Resource Management" with "Division of Human
Resource Management" in any new language added to the Utah Code by legislation passed
during the 2021 General Session.
Section 213. 
 Coordinating S.B. 181 with H.B. 27 -- Technical amendments.
If this S.B. 181 and H.B. 27, Public Information Website Modifications, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel prepare the Utah Code database for publication by:
(1) renumbering Section 
63F-1-701
 to 
63A-16-601
 instead of 
63A-12-201
;
(2) changing all cross-references in H.B. 27 that refer to Section 
63A-12-201
 to instead
refer to Section 
63A-16-601
;
(3) renumbering Section 
63F-1-702
 to 
63A-16-602
 instead of 
63A-12-202
; and
(4) changing all cross-references in H.B. 27 that refer to Section 
63A-12-202
 to instead
refer to Section 
63A-16-602
.