Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 15 (2022GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• permits the Data Security Management Council to hold a closed meeting to conduct business relating to information technology security;
• modifies provisions relating to rulemaking authority;
• clarifies provisions relating to the setting of rates and fees;
• clarifies provisions relating to risk management;
• modifies provisions relating to the duties of the Division of Archives and Records Services;
• modifies provisions relating to the duties of the Division of Technology Services;
• provides that the Department of Government Operations and the divisions within the department present reports to the Legislature through the Government Operations Interim Committee;
• clarifies a provision relating to career service employment status;
• classifies as private a record relating to drug or alcohol testing of a state employee; and
• makes technical and conforming 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 amends provisions relating to the Department of Government Operations.
Highlighted Provisions:
This bill:
▸ permits the Data Security Management Council to hold a closed meeting to conduct
business relating to information technology security;
▸ modifies provisions relating to rulemaking authority;
▸ clarifies provisions relating to the setting of rates and fees;
▸ clarifies provisions relating to risk management;
▸ modifies provisions relating to the duties of the Division of Archives and Records
Services;
▸ modifies provisions relating to the duties of the Division of Technology Services;
▸ provides that the Department of Government Operations and the divisions within
the department present reports to the Legislature through the Government
Operations Interim Committee;
▸ clarifies a provision relating to career service employment status;
▸ classifies as private a record relating to drug or alcohol testing of a state employee;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-6-27
, as last amended by Laws of Utah 2021, Chapter 345
26-6-32
, as last amended by Laws of Utah 2021, Chapter 345
52-4-204
, as last amended by Laws of Utah 2021, Chapter 217
63A-1-105.5
, as last amended by Laws of Utah 2020, Chapter 408
63A-1-109
, as last amended by Laws of Utah 2021, Chapter 344
63A-1-114
, as last amended by Laws of Utah 2021, Chapters 344 and 382
63A-2-103
, as last amended by Laws of Utah 2019, Chapter 488
63A-2-401
, as repealed and reenacted by Laws of Utah 2019, Chapter 488
63A-3-201
, as last amended by Laws of Utah 2018, Chapter 427
63A-3-203
, as last amended by Laws of Utah 2017, Chapter 56
63A-3-310
, as last amended by Laws of Utah 2020, Chapter 297
63A-4-101.5
, as last amended by Laws of Utah 2021, Chapter 344 and renumbered and
amended by Laws of Utah 2021, Chapter 33
63A-4-102
, as last amended by Laws of Utah 2021, Chapter 33
63A-4-201
, as last amended by Laws of Utah 2021, Chapter 33
63A-5b-203
, as enacted by Laws of Utah 2020, Chapter 152
63A-5b-303
, as enacted by Laws of Utah 2020, Chapter 152
63A-5b-606
, as enacted by Laws of Utah 2020, Chapter 152
63A-5b-607
, as last amended by Laws of Utah 2020, Chapter 32 and renumbered and
amended by Laws of Utah 2020, Chapter 152 and last amended by Coordination
Clause, Laws of Utah 2020, Chapter 152
63A-5b-903
, as renumbered and amended by Laws of Utah 2020, Chapter 152
63A-9-401
, as last amended by Laws of Utah 2021, Chapter 344
63A-9-501
, as last amended by Laws of Utah 2021, Chapter 344
63A-12-101
, as last amended by Laws of Utah 2021, Chapters 84 and 344
63A-12-104
, as last amended by Laws of Utah 2021, Chapter 344
63A-16-102
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-104
, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
amended by Laws of Utah 2021, Chapter 344
63A-16-105
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-201
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-202
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-203
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-205
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-208
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-211
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-301
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-501
, as last amended by Laws of Utah 2021, Chapter 162 and renumbered and
amended by Laws of Utah 2021, Chapter 344
63A-16-504
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-505
, as last amended by Laws of Utah 2021, Chapter 162 and renumbered and
amended by Laws of Utah 2021, Chapter 344
63A-16-701
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-702
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-804
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-903
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-106
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-107
, as enacted by Laws of Utah 2021, Chapter 344
63A-17-110
, as enacted by Laws of Utah 2021, Chapter 158
63A-17-202
, as last amended by Laws of Utah 2021, Chapter 382 and renumbered and
amended by Laws of Utah 2021, Chapter 344
63A-17-304
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-306
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-307
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-806
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-17-1004
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63G-2-302
, as last amended by Laws of Utah 2021, Chapters 100, 100, 143, 143, 367,
and 367
63I-5-201
 (Superseded 07/01/22)
, as last amended by Laws of Utah 2021, Chapter 184
63I-5-201
 (Effective 07/01/22)
, as last amended by Laws of Utah 2021, Second Special
Session, Chapter 1
67-3-12
, as last amended by Laws of Utah 2021, Chapter 398 and renumbered and
amended by Laws of Utah 2021, Chapter 84 and last amended by Coordination
Clause, Laws of Utah 2021, Chapter 398
67-19a-101
, as last amended by Laws of Utah 2021, Chapter 344
ENACTS:
67-27-101
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
67-27-102
, (Renumbered from 63A-17-901, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
67-27-103
, (Renumbered from 63A-17-902, as last amended by Laws of Utah 2021,
Chapter 262 and renumbered and amended by Laws of Utah 2021, Chapter 344)
67-27-104
, (Renumbered from 63A-17-903, as renumbered and amended by Laws of
Utah 2021, Chapter 344)
REPEALS:
63A-16-106
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-212
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-213
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-401
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-402
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-403
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-502
, as renumbered and amended by Laws of Utah 2021, Chapter 344
63A-16-503
, as renumbered and amended by Laws of Utah 2021, Chapter 344
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-6-27
 is amended to read:
26-6-27.
Information regarding communicable or reportable diseases
confidentiality -- Exceptions.
(1) Information collected pursuant to this chapter in the possession of the department
or local health departments relating to an individual who has or is suspected of having a disease
designated by the department as a communicable or reportable disease under this chapter shall
be held by the department and local health departments as strictly confidential. The department
and local health departments may not release or make public that information upon subpoena,
search warrant, discovery proceedings, or otherwise, except as provided by this section.
(2) The information described in Subsection (1) may be released by the department or
local health departments only in accordance with the requirements of this chapter and as
follows:
(a) specific medical or epidemiological information may be released with the written
consent of the individual identified in that information or, if that individual is deceased, his
next-of-kin;
(b) specific medical or epidemiological information may be released to medical
personnel or peace officers in a medical emergency, as determined by the department in
accordance with guidelines it has established, only to the extent necessary to protect the health
or life of the individual identified in the information, or of the attending medical personnel or
law enforcement or public safety officers;
(c) specific medical or epidemiological information may be released to authorized
personnel within the department, local health departments, public health authorities, official
health agencies in other states, the United States Public Health Service, the Centers for Disease
Control and Prevention (CDC), or when necessary to continue patient services or to undertake
public health efforts to interrupt the transmission of disease;
(d) if the individual identified in the information is under the age of 18, the information
may be released to the Division of Child and Family Services within the Department of Human
Services in accordance with Section 
62A-4a-403
. If that information is required in a court
proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
the Person, the information shall be disclosed in camera and sealed by the court upon
conclusion of the proceedings;
(e) specific medical or epidemiological information may be released to authorized
personnel in the department or in local health departments, and to the courts, to carry out the
provisions of this title, and rules adopted by the department in accordance with this title;
(f) specific medical or epidemiological information may be released to blood banks,
organ and tissue banks, and similar institutions for the purpose of identifying individuals with
communicable diseases. The department may, by rule, designate the diseases about which
information may be disclosed under this subsection, and may choose to release the name of an
infected individual to those organizations without disclosing the specific disease;
(g) specific medical or epidemiological information may be released in such a way that
no individual is identifiable;
(h) specific medical or epidemiological information may be released to a "health care
provider" as defined in Section 
78B-3-403
, health care personnel, and public health personnel
who have a legitimate need to have access to the information in order to assist the patient, or to
protect the health of others closely associated with the patient;
(i) specific medical or epidemiological information regarding a health care provider, as
defined in Section 
78B-3-403
, may be released to the department, the appropriate local health
department, and the Division of Occupational and Professional Licensing within the
Department of Commerce, if the identified health care provider is endangering the safety or life
of any individual by his continued practice of health care;
(j) specific medical or epidemiological information may be released in accordance with
Section 
26-6-31
 if an individual is not identifiable; and
(k) specific medical or epidemiological information may be released to a state agency
as defined in Section [
63A-17-901
] 
67-27-102
, to perform the analysis described in Subsection
26-6-32
(4) if the state agency agrees to act in accordance with the requirements in this chapter.
(3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
intended only to aid health care providers in their treatment and containment of infectious
disease.
Section 2. Section 
26-6-32
 is amended to read:
26-6-32.
Testing for COVID-19 for high-risk individuals at care facilities --
Collection and release of information regarding risk factors and comorbidities for
COVID-19.
(1) As used in this section:
(a) "Care facility" means a facility described in Subsections 
26-6-6
(2) through (6).
(b) "COVID-19" means the same as that term is defined in Section 
78B-4-517
.
(2) (a) At the request of the department or a local health department, an individual who
meets the criteria established by the department under Subsection (2)(b) shall submit to testing
for COVID-19.
(b) The department:
(i) shall establish protocols to identify and test individuals who are present at a care
facility and are at high risk for contracting COVID-19;
(ii) may establish criteria to identify care facilities where individuals are at high risk for
COVID-19; and
(iii) may establish who is responsible for the costs of the testing.
(c) (i) The protocols described in Subsection (2)(b)(i) shall:
(A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care
facility to refuse testing; and
(B) specify criteria for when an individual's refusal to submit to testing under
Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
(ii) Notwithstanding any other provision of state law, a care facility may discharge a
resident who declines testing requested by the department under Subsection (2)(a) if:
(A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the
resident's refusal to submit to testing endangers the health or safety of other individuals at the
care facility; and
(B) discharging the resident does not violate federal law.
(3) The department may establish protocols to collect information regarding the
individual's age and relevant comorbidities from an individual who receives a positive test
result for COVID-19.
(4) (a) The department shall publish deidentified information regarding comorbidities
and other risk factors for COVID-19 in a manner that is accessible to the public.
(b) The department may work with a state agency as defined in Section [
63A-17-901
]
67-27-102
, to perform the analysis or publish the information described in Subsection (4)(a).
Section 3. Section 
52-4-204
 is amended to read:
52-4-204.
Closed meeting held upon vote of members -- Business -- Reasons for
meeting recorded.
(1) A closed meeting may be held if:
(a) (i) a quorum is present;
(ii) the meeting is an open meeting for which notice has been given under Section
52-4-202
; and
(iii) (A) two-thirds of the members of the public body present at the open meeting vote
to approve closing the meeting;
(B) for a meeting that is required to be closed under Section 
52-4-205
, if a majority of
the members of the public body present at an open meeting vote to approve closing the
meeting;
(C) for an ethics committee of the Legislature that is conducting an open meeting for
the purpose of reviewing an ethics complaint, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint; or
(D) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
 that is conducting an open meeting for the purpose of reviewing an ethics
complaint in accordance with Section 
63A-15-701
, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint; or
(b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
convened for the purpose of conducting business relating to the receipt or review of an ethics
complaint, [
provided that
] 
if
 public notice of the closed meeting is given under Section
52-4-202
, with the agenda for the meeting stating that the meeting will be closed for the
purpose of "conducting business relating to the receipt or review of ethics complaints";
(ii) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
, the closed meeting is convened for the purpose of conducting business relating to
the preliminary review of an ethics complaint in accordance with Section 
63A-15-602
,
[
provided that
] 
if
 public notice of the closed meeting is given under Section 
52-4-202
, with the
agenda for the meeting stating that the meeting will be closed for the purpose of "conducting
business relating to the review of ethics complaints"; [
or
]
(iii) for the Independent Executive Branch Ethics Commission created in Section
63A-14-202
, the closed meeting is convened for the purpose of conducting business relating to
an ethics complaint, [
provided that
] 
if
 public notice of the closed meeting is given under
Section 
52-4-202
, with the agenda for the meeting stating that the meeting will be closed for
the purpose of "conducting business relating to an ethics complaint[
.
]"
; or
(iv) for the Data Security Management Council created in Section 
63A-16-701
, the
closed meeting is convened in accordance with Subsection 
63A-16-701
(7), if public notice of
the closed meeting is given under Section 
52-4-202
, with the agenda for the meeting stating
that the meeting will be closed for the purpose of "conducting business relating to information
technology security."
(2) A closed meeting is not allowed unless each matter discussed in the closed meeting
is permitted under Section 
52-4-205
.
(3) (a) An ordinance, resolution, rule, regulation, contract, or appointment may not be
approved at a closed meeting.
(b) (i) A public body may not take a vote in a closed meeting, except for a vote on a
motion to end the closed portion of the meeting and return to an open meeting.
(ii) A motion to end the closed portion of a meeting may be approved by a majority of
the public body members present at the meeting.
(4) The following information shall be publicly announced and entered on the minutes
of the open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote by name, of each member of the public body, either for or against the
motion to hold the closed meeting.
(5) Except as provided in Subsection 
52-4-205
(2), nothing in this chapter shall be
construed to require any meeting to be closed to the public.
Section 4. Section 
63A-1-105.5
 is amended to read:
63A-1-105.5.
Rulemaking authority of executive director.
The executive director [
shall
] 
may
, upon the recommendation of the appropriate
division directors or the director of the Office of Administrative Rules, make rules consistent
with state and federal law, and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing:
(1) [
administrative
] services 
of the department
; and
(2) the provision and use of [
administrative
] services furnished to state agencies and
institutions.
Section 5. Section 
63A-1-109
 is amended to read:
63A-1-109.
Divisions of department -- Administration.
(1) The department is composed of:
(a) the following divisions:
(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-16-201
; 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 6. 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) The department may not have a representative on the rate committee.
(c) (i) The committee shall elect a chair from 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 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 Planning 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 7. Section 
63A-2-103
 is amended to read:
63A-2-103.
Duties and authority of purchasing director -- Subscribing to mailing
system and electronic central store -- Rate schedule.
(1) The purchasing director:
(a) shall operate, manage, and maintain:
(i) a central mailing service; and
(ii) an electronic central store system for procuring goods and services;
(b) shall, except when a state surplus property contractor administers the surplus
property program, operate, manage, and maintain the surplus property program;
(c) shall, when a state surplus property contractor administers the surplus property
program, oversee the state surplus property contractor's administration of the surplus property
program in accordance with Part 4, Surplus Property Services; and
(d) may establish microfilming, duplicating, printing, addressograph, and other central
services.
(2) (a) Each state agency shall subscribe to all of the services described in Subsection
(1)(a), unless the director delegates the director's authority to a state agency under Section
63A-2-104
.
(b) An institution of higher education, the State Board of Education, a school district,
or a political subdivision of the state may subscribe to one or more of the services described in
Subsection (1)(a).
(3) (a) The purchasing director shall:
(i) prescribe a schedule of [
fees
] 
rates
 to be charged for all services provided by the
division after the purchasing director:
(A) submits the proposed [
rate, fees, or other amounts
] 
rates
 for services provided by
the division's internal service fund to the Rate Committee established in Section 
63A-1-114
;
and
(B) obtains the approval of the Legislature, as required by Section [
63J-1-504
]
63J-1-410
;
(ii) ensure that the [
fees
] 
rates
 are approximately equal to the cost of providing the
services; and
(iii) annually conduct a market analysis of [
fees
] 
rates
.
(b) A market analysis under Subsection (3)(a)(iii) shall include a comparison of the
division's rates with the [
fees
] 
rates
 of other public or private sector providers if comparable
services and rates are reasonably available.
Section 8. Section 
63A-2-401
 is amended to read:
63A-2-401.
State agencies required to participate in surplus property program --
Declaring property to be state surplus property -- Division authority.
(1) Except as otherwise provided in this part, a state agency shall dispose of and
acquire state surplus property by participating in the surplus property program.
(2) A state agency may declare property that the state agency owns to be state surplus
property by making a written determination that the property is state surplus property.
(3) The division shall determine the appropriate method for disposing of state surplus
property.
(4) The division may:
(a) establish facilities to store state surplus property at locations throughout the state;
and
(b) after consultation with the state agency requesting the sale of state surplus property,
establish the selling price for the state surplus property.
(5) As provided in Title 63J, Chapter 1, Budgetary Procedures Act, the division may
transfer proceeds generated by the sale of state surplus property to the state agency requesting
the sale, reduced by a [
fee
] 
rate
 approved in accordance with Subsection 
63A-2-103
(3) to pay
the division's costs of administering the surplus property program.
(6) By following the procedures and requirements of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the division may make rules establishing a surplus property
program that meets the requirements of this chapter.
Section 9. Section 
63A-3-201
 is amended to read:
63A-3-201.
Appointment of accounting and other officers and employees by
director of the Division of Finance -- Delegation of powers and duties by director --
Background checks.
(1) With the approval of the executive director, the director of the Division of Finance
shall appoint an accounting officer and other administrative officers that are necessary to
efficiently and economically perform the functions of the Division of Finance.
(2) The director of the Division of Finance may:
(a) organize the division and employ other assistants to discharge the functions of the
division;
(b) delegate to assistants, officers, and employees any of the powers and duties of the
office subject to his or her control and subject to any conditions he may prescribe; and
(c) delegate the powers and duties of the office only by written order filed with the
lieutenant governor.
(3) (a) As used in this Subsection (3):
(i) "Public employee" means a person employed by a state agency.
(ii) "Public funds" means money, funds, and accounts, regardless of the source from
which the money, funds, and accounts are derived, that are owned, held, or administered by a
state agency.
(iii) "Public funds position" means employment with a state agency that requires:
(A) physical or electronic access to public funds;
(B) performing internal control functions or accounting;
(C) creating reports on public funds; or
(D) using, operating, or accessing state systems that account for or help account for
public funds.
(iv) "State agency" means:
(A) an executive branch agency; or
(B) a state educational institution with the exception of an institution defined in
Subsection 
53B-1-102
(1).
(b) The Division of Finance may require that a public employee who applies for or
holds a public funds position:
(i) submit a fingerprint card in a form acceptable to the division;
(ii) consent to a criminal background check by:
(A) the Federal Bureau of Investigation;
(B) the Utah Bureau of Criminal Identification; or
(C) another agency of any state that performs criminal background checks; or
(iii) consent to a credit history report, subject to the requirements of the Fair Credit
Reporting Act, 15 U.S.C. Sec. 1681 et seq.
(c) The Bureau of Criminal Identification shall provide all the results from the state,
regional, and nationwide criminal history background checks to the division.
(d) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, [
adopt
] 
make
 rules to implement this section.
Section 10. Section 
63A-3-203
 is amended to read:
63A-3-203.
Accounting control over state departments and agencies --
Prescription and approval of financial forms and accounting systems.
(1) The director of the Division of Finance shall:
(a) exercise accounting control over all state departments and agencies except
institutions of higher education; and
(b) prescribe the manner and method of certifying that funds are available and adequate
to meet all contracts and obligations.
(2) The director shall audit all claims against the state for which an appropriation [
has
been
] 
is
 made.
(3) (a) The director shall prescribe:
(i) all forms of requisitions, receipts, vouchers, bills, or claims to be used by all state
departments and agencies; and
(ii) all forms to be used by the division.
(b) Before approving the forms in Subsection (3)(a), the director shall obtain approval
from the state auditor that the forms will adequately facilitate the post-audit of public accounts.
(4) Before implementation by any state agency, the director of the Division of Finance
shall review and approve any accounting system developed by a state agency.
Section 11. Section 
63A-3-310
 is amended to read:
63A-3-310.
Rules for implementing part.
The division may [
adopt
] 
make
 rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 for the implementation of this part, including rules for the
conduct of hearings, injured spouse claims, and appointment of hearing examiners.
Section 12. Section 
63A-4-101.5
 is amended to read:
63A-4-101.5.
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) except as provided in Subsection (4), acquire and administer the following
purchased by the state or any captive insurance company created by the risk manager:
(i) all property and casualty insurance;
(ii) reinsurance of property and casualty insurance; and
(iii) subject to Section 
34A-2-203
, workers' compensation insurance;
[
(b) recommend that the executive director make rules:
]
(b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) prescribing reasonable and objective underwriting and risk control standards for:
(A) all covered entities of the Risk Management Fund; and
(B) any captive insurance company created by the risk manager;
(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 Risk Management 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 covered entities for
the purpose of reducing risks, accidents, and losses to assist covered entities in fulfilling their
responsibilities for risk control and safety;
(d) coordinate and cooperate with any covered entity 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;
(iv) institutions of higher education;
(v) school districts; and
(vi) charter schools;
(e) maintain records necessary to fulfill the requirements of this section;
(f) manage the Risk Management Fund and any captive insurance company created by
the risk manager 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 covered entity's governing body and the governor when any covered
entity 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 covered entity affected by it.
(4) The risk manager may not use a captive insurance company created by the risk
manager to purchase:
(a) workers' compensation insurance;
(b) health insurance; or
(c) life insurance.
Section 13. Section 
63A-4-102
 is amended to read:
63A-4-102.
Risk manager -- Powers.
(1) The risk manager may:
(a) enter into contracts;
(b) form one or more captive insurance companies authorized under Title 31A, Chapter
37, Captive Insurance Companies Act;
(c) purchase insurance or reinsurance;
(d) adjust, settle, and pay claims;
(e) pay expenses and costs;
(f) study the risks of all covered entities and properties;
(g) issue certificates of coverage or insurance for covered entities with respect to any
risks covered by the Risk Management Fund or any captive insurance company created by the
risk manager;
(h) make recommendations about risk management and risk reduction strategies to
covered entities;
(i) in consultation with the attorney general, prescribe insurance, indemnification, and
liability provisions to be included in all state contracts;
(j) review covered entity building construction, major remodeling plans, [
agency
]
program plans, and make recommendations to the [
agency
] 
covered entity
 about needed
changes to address risk considerations;
(k) attend [
agency
] 
covered entity
 planning and management meetings when necessary;
(l) review any proposed legislation and communicate with legislators and legislative
committees about the liability or risk management issues connected with any legislation; and
(m) solicit any needed information about [
agency plans, agency programs, or agency
]
covered entity plans, programs, or
 risks necessary to perform the risk manager's responsibilities
under this part.
(2) (a) The risk manager may expend money from the Risk Management Fund to
procure and provide coverage to all covered entities and their indemnified employees, except
those entities or employees specifically exempted by statute.
(b) The risk manager shall apportion the costs of that coverage according to the
requirements of this part.
(3) 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, the director shall:
(a) submit the proposed rates, fees, or other amount and cost analysis to the Rate
Committee established in Section 
63A-1-114
; and
(b) obtain the approval of the Legislature as required by Section 
63J-1-410
.
(4) The director shall conduct a market analysis by July 1, 2005, and periodically
thereafter, of proposed rates and [
fees
] 
premiums
, which analysis shall include a comparison of
the division's rates and [
fees with the fees
] 
premiums with the rates and premiums
 of other
public or private sector providers where comparable services and rates are reasonably available.
Section 14. Section 
63A-4-201
 is amended to read:
63A-4-201.
Risk Management Fund created -- Administration -- Use.
(1) (a) There is created the Risk Management Fund, which shall be administered by the
risk manager.
(b) The fund shall cover property, liability, fidelity, and other risks as determined by
the risk manager in consultation with the executive director.
(2) The risk manager may only use the Risk Management Fund to pay:
(a) insurance or reinsurance premiums;
(b) costs of administering the Risk Management Fund and any captive insurance
companies created by the risk manager;
(c) loss adjustment expenses;
(d) risk control and related educational and training expenses; and
(e) loss costs which at the time of loss were eligible for payment under rules
[
previously issued by the executive director under the authority of Section 
63A-4-101.5
] 
made
by the risk manager in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
.
(3) In addition to any money appropriated to the Risk Management Fund by the
Legislature, the risk manager shall deposit with the state treasurer for credit to the Risk
Management Fund:
(a) any insured loss or loss expenses paid by insurance or reinsurance companies;
(b) the gross amount of all premiums and surcharges received under Section
63A-4-202
;
(c) the net refunds from cancelled insurance policies necessary to self-insure previously
insured risks, with the balance of the proceeds to be refunded to the previously insured entities;
(d) all refunds, returns, or dividends from insurance carriers not specifically covered in
Subsections (3)(a), (b), and (c);
(e) savings from amounts otherwise appropriated for participation in the fund; and
(f) all net proceeds from sale of salvage and subrogation recoveries from adverse
parties related to losses paid out of the fund.
(4) The state treasurer shall invest the Risk Management Fund in accordance with
Section 
63A-4-208
 and deposit all interest or other income earned from investments into the
Risk Management Fund.
Section 15. Section 
63A-5b-203
 is amended to read:
63A-5b-203.
Meetings of state building board -- Rules of procedure -- Quorum.
(1) The board shall meet quarterly and at other times at the call of the executive
director or at the request of the board chair.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall [
adopt
] 
make
 rules of procedure for the conduct of the board's meetings.
(3) Four members of the board constitute a quorum for the transaction of business.
(4) The board shall conduct all meetings of the board in accordance with Title 52,
Chapter 4, Open and Public Meetings Act.
Section 16. Section 
63A-5b-303
 is amended to read:
63A-5b-303.
Duties and authority of division.
(1) (a) The division shall:
(i) subject to Subsection (1)(b), supervise and control the allocation of space, in
accordance with legislative directive through annual appropriations acts, other legislation, or
statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
as provided in Subsection (3) or as otherwise provided by statute;
(ii) assure the efficient use of all building space under the division's supervision and
control;
(iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
the state or an agency, as authorized by the Legislature through an appropriation act, other
legislation, or statute, subject to Subsection (1)(c);
(iv) except as otherwise provided by statute, hold title to all real property, buildings,
fixtures, and appurtenances owned by the state or an agency;
(v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
title to or an interest in property belonging to the state or of the state's departments, except
institutions of higher education and the trust lands administration;
(vi) (A) periodically conduct a market analysis of proposed rates and fees; and
(B) include in a market analysis a comparison of the division's rates and fees with the
rates and fees of other public or private sector providers of comparable services, if rates and
fees for comparable services are reasonably available;
(vii) implement the state building energy efficiency program under Section
63A-5b-1002
;
(viii) convey, lease, or dispose of the real property, water rights, or water shares
associated with the Utah State Developmental Center if directed to do so by the Utah State
Developmental Center board, as provided in Subsection 
62A-5-206.6
(2); and
(ix) take all other action that the division is required to do under this chapter or other
applicable statute.
(b) In making an allocation of space under Subsection (1)(a)(i), the division shall
conduct one or more studies to determine the actual needs of each agency.
(c) The division may, without legislative approval, acquire title to real property for use
by the state or an agency if the acquisition cost does not exceed $250,000.
(2) The division may:
(a) sue and be sued;
(b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
otherwise, and hold real or personal property necessary for the discharge of the division's
duties; and
(c) take all other action necessary for carrying out the purposes of this chapter.
(3) (a) The division may not supervise or control the allocation of space for an
institution of higher education or an entity in the public education system.
(b) The supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of the trial courts area is reserved to the judiciary.
(d) The supervision and control of capitol hill facilities and capitol hill grounds is
reserved to the State Capitol Preservation Board.
(4) Before the division charges a rate, fee, or other amount for a service provided by
the division's internal service fund to an executive branch agency, or to a service subscriber
other than an executive branch agency, the division shall:
(a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
created in Section 
63A-1-114
; and
(b) obtain the approval of the Legislature as required by Section 
63J-1-410
or
63J-1-504
.
Section 17. Section 
63A-5b-606
 is amended to read:
63A-5b-606.
Dispute resolution process -- Penalties for fraud or bad faith claim.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director shall [
adopt
] 
make
 rules for the division establishing a process for resolving disputes
involved with contracts under the division's procurement authority.
(2) The director shall consider, and the rules may include:
(a) requirements regarding preliminary resolution efforts between the parties directly
involved with the dispute;
(b) requirements for the filing of a claim, including notification, time frames, and
documentation;
(c) identification of the types of costs eligible for allocation and a method for allocating
costs among the parties to the dispute;
(d) a required time period, not to exceed 60 days, for the resolution of the claim;
(e) a provision for an independent hearing officer, panel, or arbitrator to extend the
time period for resolution of the claim by not to exceed 60 additional days for good cause;
(f) a provision for the extension of required time periods if the claimant agrees;
(g) requirements that decisions be issued in writing;
(h) provisions for an administrative appeal of a decision;
(i) provisions for the timely payment of claims after resolution of the dispute, including
any appeals;
(j) a requirement that the final determination resulting from the dispute resolution
process provided for in the rules is a final agency action subject to judicial review as provided
in Sections 
63G-4-401
 and 
63G-4-402
;
(k) a requirement that a claim or dispute that does not include a monetary claim against
the division or an agent of the division is not limited to the dispute resolution process provided
for in this section;
(l) requirements for claims and disputes to be eligible for the dispute resolution process
under this section;
(m) the use of an independent hearing officer or panel or the use of arbitration or
mediation; and
(n) the circumstances under which a subcontractor may file a claim directly with the
division.
(3) A person pursuing a claim under the process established as provided in this section:
(a) is bound by the decision reached under this process, subject to any modification of
the decision on appeal; and
(b) may not pursue a claim, protest, or dispute under the dispute resolution process
established in Title 63G, Chapter 6a, Utah Procurement Code.
(4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor,
subcontractor, or supplier, may be grounds for:
(a) the director to suspend or debar the contractor, subcontractor, or supplier; or
(b) the contractor, subcontractor, or supplier to be disciplined by the Division of
Professional and Occupational Licensing.
Section 18. Section 
63A-5b-607
 is amended to read:
63A-5b-607.
Health insurance requirements -- Penalties.
(1) As used in this section:
(a) "Aggregate amount" means the dollar sum of all contracts, change orders, and
modifications for a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Eligible employee" means an employee, as defined in Section 
34A-2-104
, who:
(i) works at least 30 hours per calendar week; and
(ii) meets the employer eligibility waiting period for qualified health insurance
coverage provided by the employer.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 
31A-1-301
; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29
U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group
health plan to provide medical care for the employer's employees and dependents of the
employees.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section 
63A-5b-605
.
(g) "Third party administrator" or "administrator" means the same as that term is
defined in Section 
31A-1-301
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract with the division if the prime
contract is in an aggregate amount of $2,000,000 or more; and
(b) a subcontractor of a contractor of a design or construction contract with the division
if the subcontract is in an aggregate amount of $1,000,000 or more.
(3) The requirements of this section do not apply to a contractor or subcontractor if:
(a) the application of this section jeopardizes the division's receipt of federal funds;
(b) the contract is a sole source contract, as defined in Section 
63G-6a-103
; or
(c) the contract is the result of an emergency procurement.
(4) A person who intentionally uses a change order, contract modification, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor that is subject to the requirements of this section shall:
(i) make and maintain an offer of qualified health coverage for the contractor's eligible
employees and the eligible employees' dependents; and
(ii) submit to the director a written statement demonstrating that the contractor is in
compliance with Subsection (5)(a)(i).
(b) A statement under Subsection (5)(a)(ii):
(i) shall be from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
an actuary or underwriter selected by a third party administrator; and
(ii) may not be created more than one year before the day on which the contractor
submits the statement to the director.
(c) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
shall provide the actuary or underwriter selected by an administrator, as described in
Subsection (5)(b)(i)(C), sufficient information to determine whether the contractor's
contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health
benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator, as described in Subsection
(5)(b)(i)(C), for the actuary or underwriter to update the written statement described in
Subsection (5)(a) in compliance with this section; and
(B) the division.
(6) (a) A contractor that is subject to the requirements of this section shall:
(i) ensure that each contract the contractor enters with a subcontractor that is subject to
the requirements of this section requires the subcontractor to obtain and maintain an offer of
qualified health coverage for the subcontractor's eligible employees and the eligible employees'
dependents during the duration of the subcontract; and
(ii) obtain from a subcontractor referred to in Subsection (6)(a)(i) a written statement
demonstrating that the subcontractor offers qualified health coverage to eligible employees and
eligible employees' dependents.
(b) A statement under Subsection (6)(a)(ii):
(i) shall be from:
(A) an actuary selected by the subcontractor or the subcontractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the subcontractor provides a health benefit plan described in Subsection
(1)(d)(ii), an actuary or underwriter selected by an administrator; and
(ii) may not be created more than one year before the day on which the contractor
obtains the statement from the subcontractor.
(7) (a) (i) A contractor that fails to maintain an offer of qualified health coverage
during the duration of the contract as required in this section is subject to penalties in
accordance with administrative rules [
adopted
] 
made
 by the division under this section
, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(ii) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health coverage as required in this section.
(b) (i) A subcontractor that fails to obtain and maintain an offer of qualified health
coverage during the duration of the subcontract as required in this section is subject to penalties
in accordance with administrative rules [
adopted
] 
made
 by the division under this section
, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(ii) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health coverage as required in this section.
(8) The division shall [
adopt administrative
] 
make
 rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) a public transit district in accordance with Section 
17B-2a-818.5
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures for a contractor and a subcontractor to demonstrate
compliance with this section, including:
(A) a provision that a contractor or subcontractor's compliance with this section is
subject to an audit by the division or the Office of the Legislative Auditor General;
(B) a provision that a contractor that is subject to the requirements of this section
obtain a written statement as provided in Subsection (5); and
(C) a provision that a subcontractor that is subject to the requirements of this section
obtain a written statement as provided in Subsection (6);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into a
future contract with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into a
future contract with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health coverage for eligible employees and dependents of eligible
employees of the contractor or subcontractor who were not offered qualified health coverage
during the duration of the contract; and
(iii) a website for the department to post the commercially equivalent benchmark for
the qualified health coverage that is provided by the Department of Health in accordance with
Subsection 
26-40-115
(2).
(9) During the duration of a contract, the division may perform an audit to verify a
contractor or subcontractor's compliance with this section.
(10) (a) Upon the division's request, a contractor or subcontractor shall provide the
division:
(i) a signed actuarial certification that the coverage the contractor or subcontractor
offers is qualified health coverage; or
(ii) all relevant documents and information necessary for the division to determine
compliance with this section.
(b) If a contractor or subcontractor provides the documents and information described
in Subsection (10)(a)(i), the Insurance Department shall assist the division in determining if the
coverage the contractor or subcontractor offers is qualified health coverage.
(11) (a) (i) In addition to the penalties imposed under Subsection (7), a contractor or
subcontractor that intentionally violates the provisions of this section is liable to an eligible
employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(11)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection (5)
or (6); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An eligible employee has a private right of action against the employee's employer
only as provided in this Subsection (11).
(12) The director shall cause money collected from the imposition and collection of a
penalty under this section to be deposited into the Medicaid Restricted Account created by
Section 
26-18-402
.
(13) The failure of a contractor or subcontractor to provide qualified health coverage as
required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(14) An employer's waiting period for an employee to become eligible for qualified
health coverage may not extend beyond the first day of the calendar month following 60 days
after the day on which the employee is hired.
(15) An administrator, including an administrator's actuary or underwriter, who
provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
coverage of a contractor or subcontractor who provides a health benefit plan described in
Subsection (1)(d)(ii):
(a) subject to Subsection (11)(b), is not liable for an error in the written statement,
unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good
faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or
subcontractor hold the administrator harmless for an action arising under this section.
Section 19. Section 
63A-5b-903
 is amended to read:
63A-5b-903.
Rules made by the division.
The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules [
to
] 
that
:
(1) establish criteria that a written proposal is required to satisfy in order to be a
qualified proposal, including, if applicable, a minimum acceptable purchase price; and
(2) define criteria that the director will consider in making a determination whether a
proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property
provides a material benefit to the state.
Section 20. 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
or
63J-1-504
; 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 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 21. 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
] 
the agency head's
 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
] 
described
 in the rules [
adopted
] 
made
 by the Division of Human
Resource Management
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 as authorized by Section 
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 22. 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.
(2) The state archives shall:
(a) administer the state's archives and records management programs, including storage
of records, central [
microphotography
] 
reformatting
 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
] 
reformatting
 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
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 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 23. Section 
63A-12-104
 is amended to read:
63A-12-104.
Rulemaking authority.
(1) The [
executive director of the department, with the recommendation of the
] state
archivist, may make rules [
as provided by
]
, in accordance with
 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 24. Section 
63A-16-102
 is amended to read:
63A-16-102.
Definitions.
As used in this chapter:
(1) "Chief information officer" means the chief information officer appointed under
Section 
63A-16-201
.
(2) "Data center" means a centralized repository for the storage, management, and
dissemination of data.
(3) "Division" means the Division of Technology Services.
(4) "Enterprise architecture" means:
(a) information technology 
assets and functions
 that can be applied across state
government[
; and
]
, including:
(i) mainframes, servers, desktop devices, peripherals, and other computing devices;
(ii) networks;
(iii) enterprise-wide applications;
(iv) maintenance and help desk functions for common hardware and applications;
(v) standards for other computing devices, operating systems, common applications,
and software; and
(vi) master contracts that are available for use by agencies for various systems,
including operating systems, databases, enterprise resource planning and customer relationship
management software, application development services, and enterprise integration; 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
; or
(vii) the following elective constitutional offices of the executive department:
(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 
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 25. Section 
63A-16-104
 is amended to read:
63A-16-104.
Duties of division.
The 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 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 
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
] 
Government Operations
 Interim Committee in
accordance with Section 
63A-16-201
 on a semiannual basis regarding the status of information
technology projects;
(14) assist the Governor's Office of Planning 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 chapter;
(b) by the department; or
(c) by the division[
.
]
;
(16) provide support to executive branch agencies for the information technology
assets and functions that are unique to the agency and are mission critical functions of the
agency;
(17) provide in-house information technology staff support to executive branch
agencies;
(18) establish a committee composed of agency user groups to coordinate division
services with agency needs;
(19) assist executive branch agencies in complying with the requirements of any rule
made by the chief information officer;
(20) develop and implement an effective enterprise architecture governance model for
the executive branch;
(21) 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;
(22) develop a method of accountability to agencies for services provided by the
department through service agreements with the agencies;
(23) serve as a project manager for enterprise architecture, including management of
applications, standards, and procurement of enterprise architecture;
(24) coordinate the development and implementation of advanced state
telecommunication systems;
(25) provide services, including technical assistance:
(a) to executive branch agencies and subscribers to the services; and
(b) related to information technology or telecommunications;
(26) 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 
63A-16-303
;
(27) 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;
(28) 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;
(29) establish, operate, manage, and maintain:
(a) one or more state data centers; and
(b) one or more regional computer centers;
(30) 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 the state's political subdivisions;
(31) in accordance with the executive branch strategic plan, implement minimum
standards to be used by the division for purposes of compatibility of procedures, programming
languages, codes, and media that facilitate the exchange of information within and among
telecommunication systems;
(32) 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 the agencies or programs serve, including:
(a) project management;
(b) application development; and
(c) procurement;
(33) 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
(34) establish a system of accountability to user agencies through the use of service
agreements.
Section 26. Section 
63A-16-105
 is amended to read:
63A-16-105.
 Director -- Authority.
(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;
(b) has administrative jurisdiction over the division and each office within the division;
(c) may make changes in division personnel and service functions under the director's
administrative jurisdiction; and
(d) may authorize a designee to perform appropriate responsibilities.
(3) The director may, to facilitate division management, establish offices and bureaus
to perform division functions.
(4) (a) The director may hire employees in the division and offices of the division as
permitted by division resources.
(b) Except as provided in Subsection (5), each employee of the division is exempt from
career service or classified service status as provided in Section 
63A-17-301
.
(5) (a) [
An
] 
Unless the employee voluntarily converted to an exempt position described
in Section 
63A-17-301
, an
 employee of an executive branch agency who was a career service
employee as of July 1, 2005, who 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 division if the duties of the position in the division
are substantially similar to those in the employee's previous position.
(b) A career service employee transferred under the provisions of Subsection (5)(a),
whose duties or responsibilities subsequently change, may not be converted to exempt status
without the review process required by Subsection 
63A-17-301
(3).
Section 27. Section 
63A-16-201
 is amended to read:
63A-16-201.
Chief information officer -- Appointment -- Powers -- Reporting.
(1) The director of the 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
] 
Government Operations
 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
63A-16-104
(11);
(v) include the performance report described in Section 
63A-16-211
; and
(vi) include the expenditure of the funds provided for electronic technology,
equipment, and hardware.
Section 28. Section 
63A-16-202
 is amended to read:
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 
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
] 
Government Operations
 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
] 
Government Operations
 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
] 
Government Operations
 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, modify the
executive branch information technology strategic plan to incorporate security standards that:
(i) are identified as industry best practices in accordance with Subsections
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 
63A-16-203
.
Section 29. Section 
63A-16-203
 is amended to read:
63A-16-203.
Agency information technology plans.
(1) (a) On or before July 1 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
] 
under
 Section 
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 
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 30. Section 
63A-16-205
 is amended to read:
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 
63A-16-204
(1);
(ii) specify the detail and format required in an agency information technology plan
submitted in accordance with Section 
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 
63A-16-204
;
(vi) provide for project oversight of agency technology projects when required by
Section 
63A-16-204
;
(vii) establish, in accordance with Subsection 
63A-16-204
(2), the implementation of
the needs assessment for information technology purchases;
(viii) establish telecommunications standards and specifications in accordance with
[
Section 
63A-16-403
] 
Subsection 
63A-16-104
(26)
; and
(ix) establish standards for accessibility of information technology by individuals with
disabilities in accordance with Section 
63A-16-209
.
(b) The rulemaking authority granted by this Subsection (1) is in addition to any other
rulemaking authority granted 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 31. Section 
63A-16-208
 is amended to read:
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 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 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 division shall enter into service agreements with an agency when 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 division under the
provision of this section is responsible for paying the rates charged by the division for that staff
as established under Section 
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 
63A-16-207
;
and
(ii) the division conducts an audit [
under
] 
in relation to
 Section [
63A-16-213
]
63A-16-102
 and finds that the delegation of information technology services to the agency
meets the requirements of Section 
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 32. Section 
63A-16-211
 is amended to read:
63A-16-211.
Report to the Legislature.
The division shall, in accordance with Section 
63F-16-201
, before November 1 each
year, report to the [
Public Utilities, Energy, and Technology
] 
Government Operations
 Interim
Committee on:
(1) performance measures that the division uses to assess the division's effectiveness in
performing the division's duties under this part; and
(2) the division's performance, evaluated in accordance with the performance measures
described in Subsection (1).
Section 33. Section 
63A-16-301
 is amended to read:
63A-16-301.
Cost based services -- Rates -- 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 
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
] 
rates
 for all services rendered by the division to:
(i) an executive branch entity; or
(ii) an entity that subscribes to services rendered by the division in accordance with
Section 
63A-16-303
.
(b) Each [
fee
] 
rate
 included in the schedule of [
fees
] 
rates
 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
] 
rate
 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
] 
rate
 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 
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 of
proposed rates [
and fees
], which analysis shall include a comparison of the division's rates with
the [
fees
] 
rates
 of other public or private sector providers where comparable services and rates
are reasonably available.
Section 34. Section 
63A-16-501
 is amended to read:
63A-16-501.
Definitions.
As used in this part:
(1) "Center" means the Utah Geospatial Resource Center created in Section
63A-16-505
.
(2) "Database" means the State Geographic Information Database created in Section
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
.
]
[
(5)
] 
(4)
 "State Geographic Information Database" means the database created in
Section 
63A-16-506
.
[
(6)
] 
(5)
 "Statewide Global Positioning Reference Network" or "network" means the
network created in Section 
63A-16-508
.
Section 35. Section 
63A-16-504
 is amended to read:
63A-16-504.
Information technology plan.
(1) In accordance with this section, the [
office
] 
division
 shall submit an information
technology plan to the chief information officer.
(2) The information technology plan submitted by the [
office
] 
division
 under this
section shall include:
(a) the information required by Section 
63A-16-202
;
(b) a list of the services the [
office
] 
division
 offers or plans to offer; and
(c) a description of the performance measures used by the [
office
] 
division
 to measure
the quality of the services described in Subsection (2)(b).
(3) (a) In submitting the information technology plan under this section, the [
office
]
division
 shall comply with Section 
63A-16-203
.
(b) The information technology plan submitted by the [
office
] 
division
 under this
section is subject to the approval of the chief information officer as provided in Section
63A-16-203
.
Section 36. Section 
63A-16-505
 is amended to read:
63A-16-505.
Utah Geospatial Resource Center.
(1) There is created the Utah Geospatial Resource Center as part of the [
office
]
division
.
(2) The center shall:
(a) provide geographic information system services to state agencies under rules
[
adopted in accordance with Section 
63A-16-503
] 
made under Section 
63A-16-104
 and
policies established by the office;
(b) provide geographic information system services to federal government, local
political subdivisions, and private persons under rules and policies established by the 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 office may:
(a) make rules and establish policies to govern the center and the center's 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 37. Section 
63A-16-701
 is amended to read:
63A-16-701.
Data Security Management Council -- Membership -- Duties.
(1) There is created the Data Security Management Council comprising eight members
as follows:
(a) the chief information officer appointed under Section 
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 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
.
(7) The Data Security Management Council may, in accordance with Section
52-4-204
, close to the public a meeting to discuss an item described in Subsection (5) if public
discussion of the item would result in disclosure of information that would reasonably be
expected to jeopardize the data security of a state or local government entity.
Section 38. Section 
63A-16-702
 is amended to read:
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
] 
Government
Operations
 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 39. Section 
63A-16-804
 is amended to read:
63A-16-804.
Report.
(1) The division shall report to the [
Public Utilities, Energy, and Technology
]
Government Operations
 Interim Committee before November 30 of each year regarding:
(a) the progress the 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 division's goals and plan for each of the next five years to fulfill the division's
responsibilities described in this part; and
(c) whether the division recommends any change to the single sign-on fee being
charged under Section 
13-1-2
.
(2) The [
Public Utilities, Energy, and Technology
] 
Government Operations
 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 40. Section 
63A-16-903
 is amended to read:
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 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 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 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
] 
Government
Operations
 Interim Committee.
(5) The 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 41. Section 
63A-17-106
 is amended to read:
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
] 
made
 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.
(5) The 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 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).
(6) (a) After consultation with the executive director, the governor, and the heads of
other agencies, the 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 (6) shall have application to more
than one agency.
(c) The division may not establish training programs that train employees to perform
highly specialized or technical jobs and tasks.
(d) The division shall ensure that any training program described in this Subsection (6)
complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(7) (a) (i) The division may collect fees for training as authorized by this Subsection
(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 42. Section 
63A-17-107
 is amended to read:
63A-17-107.
Services and fees -- Submission to rate committee.
The director shall, before charging a [
fee
] 
rate
 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 43. Section 
63A-17-110
 is amended to read:
63A-17-110.
State pay plans for DNR peace officers and wildland firefighters.
(1) As used in this section:
(a) "DNR peace officer" means an employee of the Department of Natural Resources
who is designated as a peace officer by law.
(b) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
State Lands who is:
(i) trained in firefighter techniques; and
(ii) assigned to a position of hazardous duty.
(2) The director shall:
(a) establish a specialized state pay plan for DNR peace officers and wildland
firefighters that:
(i) meets the requirements of Section 
63A-17-307
;
(ii) distinguishes the salary range for each DNR peace officer and wildland firefighter
classification;
(iii) includes for each DNR peace officer and wildland firefighter classification:
(A) the minimum qualifications; and
(B) any training requirements; and
(iv) provides standards for:
(A) performance evaluation; and
(B) promotion; and
(b) include, in the plan described in Subsection [
67-19-12
(5)
] 
63A-17-307
(5)
,
recommendations on funding and salary increases for DNR peace officers and wildland
firefighters.
Section 44. Section 
63A-17-202
 is amended to read:
63A-17-202.
Use of facilities -- Field office facilities cost allocation.
(1) An agency or a political subdivision of the state shall allow the division to use
public buildings under the agency's [
of
] 
or
 the political subdivision's control, and furnish heat,
light, and furniture, for any examination, training, hearing, or investigation authorized by this
chapter.
(2) An agency or political subdivision that allows the division to use a public building
under Subsection (1) shall pay the cost of the division's use of the public building.
Section 45. Section 
63A-17-304
 is amended to read:
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
] 
or
(ii) lower than the minimum in the new salary range of the position.
(c) Except for an employee described in Subsection 
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
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) 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 46. Section 
63A-17-306
 is amended to read:
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
director shall [
establish
] 
make
 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 director.
(b) Under those circumstances:
(i) The agency head shall designate the category of work to be eliminated, subject to
review by the 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 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 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 47. Section 
63A-17-307
 is amended to read:
63A-17-307.
State pay plans -- Applicability of section -- Exemptions -- Duties of
director.
(1) (a) This section, and the rules [
adopted
] 
made
 by the division [
to implement
] 
under
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 
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 
63A-17-301
(1)(m);
(j) department deputy directors, division directors, and other employees designated as
schedule AD as provided under Subsection 
63A-17-301
(1)(d);
(k) employees that determine and execute policy designated as schedule AR as
provided under Subsection 
63A-17-301
(1)(l);
(l) teaching staff, educational interpreters, and educators designated as schedule AH as
provided under Subsection 
63A-17-301
(1)(g);
(m) temporary employees described in Subsection 
63A-17-301
(1)(q);
(n) patients and inmates designated as schedule AU as provided under Subsection
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 
63A-17-301
(1)(k).
(3) (a) The 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 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 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 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 director shall
develop and adopt pay plans for each position in classified service.
(b) The 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 director shall adhere to the following in developing each pay plan:
(i) 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 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 Part 6, Grievance Provisions, Title 67, Chapter 19a,
Grievance Procedures, or otherwise.
(e) The director shall [
issue
] 
make
 rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 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) On or before October 31 of each year, the 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 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 director may cooperate with or participate in any survey conducted by other
public and private employers.
(iii) The 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 division shall acquire and protect the needed records in compliance with the
provisions of Section 
35A-4-312
.
(d) The 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 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 division shall make
available foundational information used by the 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 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 director shall [
issue
] 
make
 rules
, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 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 division.
(c) In accordance with Subsection (6)(b), an agency requesting the division's approval
of a market-based award shall submit a request and documentation, subject to Subsection
(6)(d), to the division.
(d) In the documentation required in Subsection (6)(c), the requesting agency shall
identify for the 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 director shall regularly evaluate the total compensation program of state
employees in the classified service.
(b) The 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 48. Section 
63A-17-806
 is amended to read:
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 division; and
(c) be implemented for a minimum of one year.
(4) The 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 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 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 division, in consultation with the Department of Health, shall [
adopt
] 
make
rules that the department determines necessary to establish the program in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) On or before June 30, 2022, the 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 49. Section 
63A-17-1004
 is amended to read:
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 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; 
and
(b) conducted in accordance with the rules of the director made under Section
63A-17-1002
[
; and
]
.
[
(c) kept confidential in accordance with the rules of the director made in accordance
with Section 
63A-17-1002
.
]
(4) A record relating to drug or alcohol testing of a state employee is classified as a
private record under Section 
63G-2-302
.
[
(4)
] 
(5)
 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 50. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) social security number, or last four digits of the social security number;
(iii) email address;
(iv) date of birth; or
(v) phone number;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a), 
20A-2-104
(4)(h), or
20A-2-204
(4)(b);
(l) a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m) a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any
verification submitted in support of the form;
(n) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
(o) information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(3)(a);
(ii) Subsection 
31A-23a-302
(4); or
(iii) Subsection 
31A-26-210
(4);
(p) information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4) or
77-43-108
(4);
(r) a statement and any supporting documentation filed with the attorney general in
accordance with Section 
34-45-107
, if the federal law or action supporting the filing involves
homeland security;
(s) electronic toll collection customer account information received or collected under
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
(t) an email address provided by a military or overseas voter under Section
20A-16-501
;
(u) a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(v) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 
63A-15-201
, except for:
(i) the commission's summary data report that is required in Section 
63A-15-202
; and
(ii) any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(w) a record described in Section 
53G-9-604
 that verifies that a parent was notified of
an incident or threat;
(x) a criminal background check or credit history report conducted in accordance with
Section 
63A-3-201
;
(y) a record described in Subsection 
53-5a-104
(7);
(z) on a record maintained by a county for the purpose of administering property taxes,
an individual's:
(i) email address;
(ii) phone number; or
(iii) personal financial information related to a person's payment method;
(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
exemption, deferral, abatement, or relief under:
(i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions; [
and
]
(bb) a record provided by the State Tax Commission in response to a request under
Subsection 
59-1-403
(4)(y)(iii)[
.
]
; and
(cc) a record relating to drug or alcohol testing of a state employee under Section
63A-17-1004
.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording. 
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.
Section 51. Section 
63I-5-201 (Superseded 07/01/22)
 is amended to read:
63I-5-201 (Superseded 07/01/22).
Internal auditing programs -- State agencies.
(1) (a) The departments of [
Administrative Services
] 
Government Operations
,
Agriculture, Commerce, Cultural and Community Engagement, Corrections, Workforce
Services, Environmental Quality, Health, Human Services, Natural Resources, Public Safety,
and Transportation, and the State Tax Commission shall conduct various types of auditing
procedures as determined by the agency head or governor.
(b) The governor may, by executive order, require a state agency not described in
Subsection (1)(a) to establish an internal audit program.
(c) The governor shall ensure that each state agency that reports to the governor has
adequate internal audit coverage.
(2) (a) The Administrative Office of the Courts shall establish an internal audit
program under the direction of the Judicial Council, including auditing procedures for courts
not of record.
(b) The Judicial Council may, by rule, require other judicial agencies to establish an
internal audit program.
(3) (a) Dixie State University, the University of Utah, Utah State University, Salt Lake
Community College, Southern Utah University, Utah Valley University, Weber State
University, and Snow College shall establish an internal audit program under the direction of
the Utah Board of Higher Education.
(b) The Utah Board of Higher Education may issue policies requiring other higher
education entities or programs to establish an internal audit program.
(4) The State Board of Education shall establish an internal audit program that provides
internal audit services for each program administered by the State Board of Education.
(5) Subject to Section 
32B-2-302.5
, the internal audit division of the Department of
Alcoholic Beverage Control shall establish an internal audit program under the direction of the
Alcoholic Beverage Control Commission.
Section 52. Section 
63I-5-201 (Effective 07/01/22)
 is amended to read:
63I-5-201 (Effective 07/01/22).
Internal auditing programs -- State agencies.
(1) (a) The departments of [
Administrative Services
] 
Government Operations
,
Agriculture, Commerce, Cultural and Community Engagement, Corrections, Workforce
Services, Environmental Quality, Health, Human Services, Natural Resources, Public Safety,
and Transportation, and the State Tax Commission shall conduct various types of auditing
procedures as determined by the agency head or governor.
(b) The governor may, by executive order, require a state agency not described in
Subsection (1)(a) to establish an internal audit program.
(c) The governor shall ensure that each state agency that reports to the governor has
adequate internal audit coverage.
(2) (a) The Administrative Office of the Courts shall establish an internal audit
program under the direction of the Judicial Council, including auditing procedures for courts
not of record.
(b) The Judicial Council may, by rule, require other judicial agencies to establish an
internal audit program.
(3) (a) Utah Tech University, the University of Utah, Utah State University, Salt Lake
Community College, Southern Utah University, Utah Valley University, Weber State
University, and Snow College shall establish an internal audit program under the direction of
the Utah Board of Higher Education.
(b) The Utah Board of Higher Education may issue policies requiring other higher
education entities or programs to establish an internal audit program.
(4) The State Board of Education shall establish an internal audit program that provides
internal audit services for each program administered by the State Board of Education.
(5) Subject to Section 
32B-2-302.5
, the internal audit division of the Department of
Alcoholic Beverage Control shall establish an internal audit program under the direction of the
Alcoholic Beverage Control Commission.
Section 53. Section 
67-3-12
 is amended to read:
67-3-12.
Utah Public Finance Website -- Establishment and administration --
Records disclosure -- Exceptions.
(1) As used in this section:
(a) (i) Subject to Subsections (1)(a)(ii) and (iii), "independent entity" means the same
as that term is defined in Section 
63E-1-102
.
(ii) "Independent entity" includes an entity that is part of an independent entity
described in Subsection (1)(a)(i), if the entity is considered a component unit of the
independent entity under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(iii) "Independent entity" does not include the Utah State Retirement Office created in
Section 
49-11-201
.
(b) "Local education agency" means a school district or charter school.
(c) "Participating local entity" means:
(i) a county;
(ii) a municipality;
(iii) a local district under Title 17B, Limited Purpose Local Government Entities -
Local Districts;
(iv) a special service district under Title 17D, Chapter 1, Special Service District Act;
(v) a housing authority under Title 35A, Chapter 8, Part 4, Housing Authorities;
(vi) a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit District
Act;
(vii) except for a taxed interlocal entity as defined in Section 
11-13-602
:
(A) an interlocal entity as defined in Section 
11-13-103
;
(B) a joint or cooperative undertaking as defined in Section 
11-13-103
; or
(C) any project, program, or undertaking entered into by interlocal agreement in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
(viii) except for a taxed interlocal entity as defined in Section 
11-13-602
, an entity that
is part of an entity described in Subsections (1)(c)(i) through (vii), if the entity is considered a
component unit of the entity described in Subsections (1)(c)(i) through (vii) under the
governmental accounting standards issued by the Governmental Accounting Standards Board;
or
(ix) a conservation district under Title 17D, Chapter 3, Conservation District Act.
(d) (i) "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.
(ii) "Participating state entity" includes an entity that is part of an entity described in
Subsection (1)(d)(i), if the entity is considered a component unit of the entity described in
Subsection (1)(d)(i) under the governmental accounting standards issued by the Governmental
Accounting Standards Board.
(e) "Public finance website" or "website" means the website established by the state
auditor in accordance with this section.
(f) "Public financial information" means each record that is required under this section
or by rule made by the Office of the State Auditor under Subsection (8) to be made available on
the public finance website, a participating local entity's website, or an independent entity's
website.
(g) "Qualifying entity" means:
(i) an independent entity;
(ii) a participating local entity;
(iii) a participating state entity;
(iv) a local education agency;
(v) a state institution of higher education as defined in Section 
53B-3-102
;
(vi) the Utah Educational Savings Plan created in Section [
58B-8a-103
] 
53B-8a-103
;
(vii) the Utah Housing Corporation created in Section 
63H-8-201
;
(viii) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(ix) the Utah Capital Investment Corporation created in Section 
63N-6-301
; or
(x) a URS-participating employer.
(h) (i) "URS-participating employer" means an entity that:
(A) is a participating entity, as that term is defined in Section 
49-11-102
; and
(B) is not required to report public financial information under this section as a
qualifying entity described in Subsections (1)(g)(i) through (ix).
(ii) "URS-participating employer" does not include:
(A) the Utah State Retirement Office created in Section 
49-11-201
; or
(B) a withdrawing entity.
(i) (i) "Withdrawing entity" means an entity that elects to withdraw from participation
in a system or plan under Title 49, Chapter 11, Part 6, Procedures and Records.
(ii) "Withdrawing entity" includes a withdrawing entity, as that term is defined in
Sections 
49-11-623
 and 
49-11-624
.
(2) The state auditor shall establish and maintain a public finance website in
accordance with this section.
(3) The website shall:
(a) permit Utah taxpayers to:
(i) view, understand, and track the use of taxpayer dollars by making public financial
information available on the Internet for participating state entities, independent entities,
participating local entities, and URS-participating employers, using the website; and
(ii) link to websites administered by participating local entities, independent entities, or
URS-participating employers that do not use the website for the purpose of providing public
financial information as required by this section and by rule made under Subsection [
(8)
] 
(9)
;
(b) allow a person that has Internet access to use the website without paying a fee;
(c) allow the public to search public financial information on the website;
(d) provide access to financial reports, financial audits, budgets, or other financial
documents that are used to allocate, appropriate, spend, and account for government funds, as
may be established by rule made in accordance with Subsection (9);
(e) have a unique and simplified website address;
(f) be guided by the principles described in Subsection 
63A-16-202
(2);
(g) include other links, features, or functionality that will assist the public in obtaining
and reviewing public financial information, as may be established by rule made under
Subsection (9); and
(h) include a link to school report cards published on the State Board of Education's
website under Section 
53E-5-211
.
(4) The state auditor shall:
(a) establish and maintain the website, including the provision of equipment, resources,
and personnel as necessary;
(b) maintain an archive of all information posted to the website;
(c) coordinate and process the receipt and posting of public financial information from
participating state entities; and
(d) coordinate and regulate the posting of public financial information by participating
local entities and independent entities.
(5) A qualifying entity shall permit the public to view the qualifying entity's public
financial information by posting the public financial information to the public finance website
in accordance with rules made under Subsection (9).
(6) The content of the public financial information posted to the public finance website
is the responsibility of the qualifying entity posting the public financial information.
(7) A URS-participating employer shall provide employee compensation information
for each fiscal year ending on or after June 30, 2022:
(a) to the state auditor for posting on the Utah Public Finance Website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (7)(b)(i), submitted to the state
auditor for posting on the Utah Public Finance Website.
(8) (a) A qualifying entity may not post financial information that is classified as
private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
Management Act, to the public finance website.
(b) An individual who negligently discloses financial information that is classified as
private, protected, or controlled by Title 63G, Chapter 2, Government Records Access and
Management Act, is not criminally or civilly liable for an improper disclosure of the financial
information if the financial information is disclosed solely as a result of the preparation or
publication of the website.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Office of the State Auditor:
(a) shall make rules to:
(i) establish which records a qualifying entity is required to post to the public finance
website; and
(ii) establish procedures for obtaining, submitting, reporting, storing, and posting
public financial information on the public finance website; and
(b) may make rules governing when a qualifying entity is required to disclose an
expenditure made by a person under contract with the qualifying entity, including the form and
content of the disclosure.
(10) The rules made under Subsection (9) shall only require a URS-participating
employer to provide employee compensation information for each fiscal year ending on or after
June 30, 2022:
(a) to the state auditor for posting on the public finance website; or
(b) (i) through the URS-participating employer's own website; and
(ii) via a link to the website described in Subsection (10)(b)(i), submitted to the state
auditor for posting on the public finance website.
Section 54. 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
] 
63A-17-102
.
(4) "Division" means the 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 55. Section 
67-27-101
 is enacted to read:
CHAPTER 27. GENERAL REQUIREMENTS FOR STATE OFFICERS AND
EMPLOYEES
 67-27-101.
Title
This chapter is known as "General Requirements for State Officers and Employees."
Section 56. Section 
67-27-102
, which is renumbered from Section 63A-17-901 is
renumbered and amended to read:
[
63A-17-901
].
 67-27-102.
Definitions.
As used in this [
part
] 
chapter
:
(1) "Career service employee" means the same as that term is defined in Section
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 57. Section 
67-27-103
, which is renumbered from Section 63A-17-902 is
renumbered and amended to read:
[
63A-17-902
].
 67-27-103.
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 Division of Technology Services, created in Section 
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-2-802
.
(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 58. Section 
67-27-104
, which is renumbered from Section 63A-17-903 is
renumbered and amended to read:
[
63A-17-903
].
 67-27-104.
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 59. 
Repealer.
This bill repeals:
Section 
63A-16-106
, Offices within the division -- Administration.
Section 
63A-16-212
,
Agency services -- Chief information officer manages.
Section 
63A-16-213
,
Duties of the division -- Agency services.
Section 
63A-16-401
,
Definitions.
Section 
63A-16-402
,
Enterprise technology -- Chief information officer manages.
Section 
63A-16-403
,
Duties of the division -- Enterprise technology.
Section 
63A-16-502
,
Office of Integrated Technology.
Section 
63A-16-503
,
Duties of the division -- Integrated technology.
Section 60. 
Effective date.
This bill takes effect on May 4, 2022, except that Section 
63I-5-201
 (Effective
07/01/22) takes effect on July 1, 2022.