Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 127 First Substitute (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the disclosure requirement for system security breaches;
• requires the Division of Technology Services to report certain information regarding consolidation of networks used by governmental entities;
• creates the Utah Cyber Center and defines the center's duties;
• requires governmental entities in the state to report a breach of system security to the Utah Cyber Center; and
• requires governmental websites to use an authorized top level domain by January 1, 2025.

Every vote on this bill

Bill text

CYBERSECURITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Jefferson S. Burton
LONG TITLE
General Description:
This bill enacts provisions relating to cybersecurity.
Highlighted Provisions:
This bill:
▸ amends the disclosure requirement for system security breaches;
▸ requires the Division of Technology Services to report certain information regarding
consolidation of networks used by governmental entities;
▸ creates the Utah Cyber Center and defines the center's duties;
▸ requires governmental entities in the state to report a breach of system security to
the Utah Cyber Center; and
▸ requires governmental websites to use an authorized top level domain by January 1,
2025.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-44-202
, as last amended by Laws of Utah 2019, Chapter 348
ENACTS:
63A-16-302.1
, Utah Code Annotated 1953
63A-16-510
, Utah Code Annotated 1953
63A-16-511
, Utah Code Annotated 1953
63D-2-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-44-202
 is amended to read:
13-44-202.
Personal information -- Disclosure of system security breach.
(1) (a) A person who owns or licenses computerized data that includes personal
information concerning a Utah resident shall, when the person becomes aware of a breach of
system security, conduct in good faith a reasonable and prompt investigation to determine the
likelihood that personal information has been or will be misused for identity theft or fraud
purposes.
(b) If an investigation under Subsection (1)(a) reveals that the misuse of personal
information for identity theft or fraud purposes has occurred, or is reasonably likely to occur,
the person shall provide notification to [
each affected Utah resident.
] 
each affected Utah
resident.
(c) If an investigation under Subsection (1)(a) reveals that the misuse of personal
information relating to 500 or more Utah residents, for identity theft or fraud purposes, has
occurred or is reasonably likely to occur, the person shall, in addition to the notification
required in Subsection (1)(b), provide notification to:
(i) the Office of the Attorney General; and
(ii) the Utah Cyber Center created in Section 
62A-16-510
.
(d) If an investigation under Subsection (1)(a) reveals that the misuse of personal
information relating to 1,000 or more Utah residents, for identity theft or fraud purposes, has
occurred or is reasonably likely to occur, the person shall, in addition to the notification
required in Subsections (1)(b) and (c), provide notification to each consumer reporting agency
that compiles and maintains files on consumers on a nationwide basis, as defined in 15 U.S.C.
Sec. 1681a.
(2) A person required to provide notification under Subsection (1) shall provide the
notification in the most expedient time possible without unreasonable delay:
(a) considering legitimate investigative needs of law enforcement, as provided in
Subsection (4)(a);
(b) after determining the scope of the breach of system security; and
(c) after restoring the reasonable integrity of the system.
(3) (a) A person who maintains computerized data that includes personal information
that the person does not own or license shall notify and cooperate with the owner or licensee of
the information of any breach of system security immediately following the person's discovery
of the breach if misuse of the personal information occurs or is reasonably likely to occur.
(b) Cooperation under Subsection (3)(a) includes sharing information relevant to the
breach with the owner or licensee of the information.
(4) (a) Notwithstanding Subsection (2), a person may delay providing notification
under Subsection (1)
(b)
 at the request of a law enforcement agency that determines that
notification may impede a criminal investigation.
(b) A person who delays providing notification under Subsection (4)(a) shall provide
notification in good faith without unreasonable delay in the most expedient time possible after
the law enforcement agency informs the person that notification will no longer impede the
criminal investigation.
(5) (a) A notification required by [
this section
] 
Subsection (1)(b)
 may be provided:
(i) in writing by first-class mail to the most recent address the person has for the
resident;
(ii) electronically, if the person's primary method of communication with the resident is
by electronic means, or if provided in accordance with the consumer disclosure provisions of
15 U.S.C. Section 7001;
(iii) by telephone, including through the use of automatic dialing technology not
prohibited by other law; or
(iv) for residents of the state for whom notification in a manner described in
Subsections (5)(a)(i) through (iii) is not feasible, by publishing notice of the breach of system
security:
(A) in a newspaper of general circulation; and
(B) as required in Section 
45-1-101
.
(b) If a person maintains the person's own notification procedures as part of an
information security policy for the treatment of personal information the person is considered
to be in compliance with [
this chapter's notification requirements
] 
the notification requirement
in Subsection (1)(b)
 if the procedures are otherwise consistent with this chapter's timing
requirements and the person notifies each affected Utah resident in accordance with the
person's information security policy in the event of a breach.
(c) A person who is regulated by state or federal law and maintains procedures for a
breach of system security under applicable law established by the primary state or federal
regulator is considered to be in compliance with this part if the person notifies each affected
Utah resident in accordance with the other applicable law in the event of a breach.
(6) (a) If a person providing a notification under Subsection (1)(c) to the Office of the
Attorney General or the Utah Cyber Center submits the information required under Subsection
63G-2-309
(1)(a)(i), records submitted to the Office of the Attorney General or the Utah Cyber
Center under Subsection (1)(c) and information produced by the Office of the Attorney General
or the Utah Cyber Center for any coordination or assistance provided to the person are
presumed to be confidential and are a protected record under Subsections 
63G-2-305
(1) and
(2).
(b) The department may disclose information provided by a person under Subsection
(1)(c) or produced as described in Subsection (6)(a) only if:
(i) disclosure is necessary to prevent imminent and substantial harm; or
(ii) the information is anonymized or aggregated in a manner that makes it unlikely that
information that is a trade secret, as defined in Section 
13-24-2
, will be disclosed.
[
(6)
] 
(7)
 A waiver of this section is contrary to public policy and is void and
unenforceable.
Section 2. Section 
63A-16-302.1
 is enacted to read:
 63A-16-302.1.
Reporting on consolidation of certain information technology
services.
(1) The division shall, in collaboration with the Cybersecurity Commission created in
Section 
63C-27-201
, identify opportunities, limitations, and barriers to enhancing the overall
cybersecurity resilience of the state by consolidating:
(a) certain information technology services utilized by governmental entities; and
(b) to the extent feasible, the information technology networks that are operated or
utilized by governmental entities.
(2) On or before November 15, 2023, the division shall report the information
described in Subsection (1) to:
(a) the Government Operations Interim Committee;
(b) the Infrastructure and General Government Appropriations Subcommittee; and
(c) the Cybersecurity Commission created in Section 
63C-27-201
.
Section 3. Section 
63A-16-510
 is enacted to read:
 63A-16-510.
Utah Cyber Center -- Creation -- Duties.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b) "Utah Cyber Center" means the Utah Cyber Center created in this section.
(2) (a) There is created within the division the Utah Cyber Center.
(b) The chief information security officer appointed under Section 
63A-16-210
 shall
serve as the director of the Utah Cyber Center.
(3) The division shall operate the Utah Cyber Center in partnership with the following
entities within the Department of Public Safety:
(a) the Statewide Information and Analysis Center;
(b) the State Bureau of Investigation; and
(c) the Division of Emergency Management.
(4) In addition to the entities described in Subsection (3), the Utah Cyber Center shall
collaborate with:
(a) the Cybersecurity Commission created in Section 
63C-27-201
;
(b) the Office of the Attorney General;
(c) the Utah Education and Telehealth Network created in Section 
53B-17-105
;
(d) appropriate federal partners, including the Federal Bureau of Investigation and the
Cybersecurity and Infrastructure Security Agency;
(e) appropriate information sharing and analysis centers;
(f) associations representing political subdivisions in the state, including the Utah
League of Cities and Towns and the Utah Association of Counties; and
(g) any other person the division believes is necessary to carry out the duties described
in Subsection (5).
(5) The Utah Cyber Center shall, within legislative appropriations:
(a) by June 30, 2024, develop a statewide strategic cybersecurity plan for executive
branch agencies and other governmental entities;
(b) with respect to executive branch agencies:
(i) identify, analyze, and, when appropriate, mitigate cyber threats and vulnerabilities;
(ii) coordinate cybersecurity resilience planning;
(iii) provide cybersecurity incident response capabilities; and
(iv) recommend to the division standards, policies, or procedures to increase the cyber
resilience of executive branch agencies individually or collectively;
(c) at the request of a governmental entity, coordinate cybersecurity incident response
for an incident affecting the governmental entity in accordance with Section 
63A-16-511
;
(d) promote cybersecurity best practices;
(e) share cyber threat intelligence with governmental entities and, through the
Statewide Information and Analysis Center, with other public and private sector organizations;
(f) serve as the state cybersecurity incident response hotline to receive reports of
breaches of system security, including notification or disclosure under Section 
13-44-202
 or
63A-16-511
;
(g) develop incident response plans to coordinate federal, state, local, and private
sector activities and manage the risks associated with an attack or malfunction of critical
information technology systems within the state;
(h) coordinate, develop, and share best practices for cybersecurity resilience in the
state;
(i) identify sources of funding to make cybersecurity improvements throughout the
state;
(j) develop a sharing platform to provide resources based on information,
recommendations, and best practices; and
(k) partner with institutions of higher education and other public and private sector
organizations to increase the state's cyber resilience.
Section 4. Section 
63A-16-511
 is enacted to read:
 63A-16-511.
Reporting to the Utah Cyber Center -- Assistance to governmental
entities -- Records.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b) "Utah Cyber Center" means the Utah Cyber Center created in Section 
62A-16-510
.
(2) A governmental entity shall contact the Utah Cyber Center as soon as practicable
when the governmental entity becomes aware of a breach of system security.
(3) The Utah Cyber Center shall provide the governmental entity with assistance in
responding to the breach of system security, which may include:
(a) conducting all or part of the investigation required under Subsection
13-44-202
(1)(a);
(b) assisting law enforcement with the law enforcement investigation if needed;
(c) determining the scope of the breach of system security;
(d) assisting the governmental entity in restoring the reasonable integrity of the system;
or
(e) providing any other assistance in response to the reported breach of system security.
(4) (a) A person providing information to the Utah Cyber Center may submit the
information required in Section 63G-2-309 to request that the information submitted by the
person and information produced by the Utah Cyber Center in the course of the Utah Cyber
Center's investigation be classified as a confidential protected record.
(b) Information submitted to the Utah Cyber Center under Subsection 
13-44-202
(1)(c)
regarding a breach of system security may include information regarding the type of breach, the
attack vector, attacker, indicators of compromise, and other details of the breach that are
requested by the Utah Cyber Center.
(c) A governmental entity that is required to submit information under Section
63A-16-511
 shall provide records to the Utah Cyber Center as a shared record in accordance
with Section 
63G-2-206
.
Section 5. Section 
63D-2-105
 is enacted to read:
 63D-2-105.
Use of authorized domain extensions for government websites.
(1) (a) As used in this section, "authorized top level domain" means any of the
following suffixes that follows the domain name in a website address:
(i) gov;
(ii) edu; and
(iii) mil.
(2) Beginning January 1, 2025, a governmental entity shall use an authorized top level
domain for:
(a) the website address for the governmental entity's government website; and
(b) the email addresses used by the governmental entity and the governmental entity's
employees.
(3) Notwithstanding Subsection (2), a governmental entity may operate a website that
uses a top level domain that is not an authorized top level domain if:
(a) a reasonable person would not mistake the website as the governmental entity's
primary website; and
(b) the governmental website is:
(i) solely for internal use and not intended for use by members of the public;
(ii) temporary and in use by the governmental entity for a period of less than one year;
or
(iii) related to an event, program, or informational campaign operated by the
governmental entity in partnership with another person that is not a governmental entity.
(4) The chief information officer appointed under Section 
63A-16-201
 may authorize a
waiver of the requirement in Subsection (2) if:
(a) there are extraordinary circumstances under which use of an authorized domain
extension would cause demonstrable harm to citizens or businesses; and
(b) the executive director or chief executive of the governmental entity submits a
written request to the chief information officer that includes a justification for the waiver.