reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 201 - Chief information officer -- Appointment -- Powers -- Reporting.

Effective 5/3/2023
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 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(10);
(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.
Amended by Chapter 43, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 206 - Coordination within the executive branch -- Cooperation with other branches.

Effective 7/1/2021
63A-16-206.
Coordination within the executive branch -- Cooperation with other branches.
(1) In accordance with the executive branch strategic plan and the requirements of this title, the chief information officer shall coordinate the development of information technology systems between two or more executive branch agencies subject to:
(a) the budget approved by the Legislature; and
(b)Title 63J, Chapter 1, Budgetary Procedures Act.
(2) In addition to the coordination described in Subsection (1), the chief information officer shall promote cooperation regarding information technology between branches of state government.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 207 - Delegation of division functions.

Effective 7/1/2021
63A-16-207.
Delegation of division functions.
(1)
(a) If the conditions of Subsections (1)(b) and (2) are met and subject to the other provisions of this section, the chief information officer may delegate a function of the division to another executive branch agency or an institution of higher education by contract or other means authorized by law.
(b) The chief information officer may delegate a function of the division as provided in Subsection (1)(a) if in the judgment of the director of the executive branch agency and the chief information officer:
(i) the executive branch agency or institution of higher education has requested that the function be delegated;
(ii) the executive branch agency or institution of higher education has the necessary resources and skills to perform or control the function to be delegated; and
(iii) the function to be delegated is a unique or mission-critical function of the agency or institution of higher education.
(2) The chief information officer may delegate a function of the division only when the delegation results in net cost savings or improved service delivery to the state as a whole or to the unique mission critical function of the executive branch agency.
(3) The delegation of a function under this section shall:
(a) be in writing;
(b) contain all of the following:
(i) a precise definition of each function to be delegated;
(ii) a clear description of the standards to be met in performing each function delegated;
(iii) a provision for periodic administrative audits by the division;
(iv) a date on which the agreement shall terminate if the agreement has not been previously terminated or renewed; and
(v) any delegation of division staff to the agency to support the function in-house with the agency and rates to be charged for the delegated staff; and
(c) include a cost-benefit analysis justifying the delegation.
(4) An agreement to delegate functions to an executive branch agency or an institution of higher education may be terminated by the division if the results of an administrative audit conducted by the division reveals a lack of compliance with the terms of the agreement by the executive branch agency or institution of higher education.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 208 - Delegation of division staff to executive branch agencies -- Prohibition against executive branch agency information technology staff.

Effective 5/4/2022
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 in relation to Section 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).
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 209 - Accessibility standards for executive branch agency information technology.

Effective 7/1/2021
63A-16-209.
Accessibility standards for executive branch agency information technology.
(1) The chief information officer shall establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) minimum standards for accessibility of executive branch agency information technology by an individual with a disability that:
(i) include accessibility criteria for:
(A) agency websites;
(B) hardware and software procured by an executive branch agency; and
(C) information systems used by executive branch agency employees;
(ii) include a protocol to evaluate the standards via testing by individuals with a variety of access limitations; and
(iii) are, at minimum, consistent with the most recent Web Content Accessibility guidelines published by the World Wide Web Consortium; and
(b) grievance procedures for an individual with a disability who is unable to access executive branch agency information technology, including:
(i) a process for an individual with a disability to report the access issue to the chief information officer; and
(ii) a mechanism through which the chief information officer can respond to the report.
(2) The chief information officer shall update the standards described in Subsection (1)(a) at least every three years to reflect advances in technology.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 210 - Chief information security officer.

Effective 7/1/2021
63A-16-210.
Chief information security officer.
(1) The chief information officer shall appoint a chief information security officer.
(2) The chief information security officer described in Subsection (1) shall:
(a) assess cybersecurity risks;
(b) coordinate with executive branch agencies to assess the sensitivity of information; and
(c) manage cybersecurity support for the department and executive branch agencies.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 2 - Chief Information Officer › Section 211 - Report to the Legislature.

Effective 5/4/2022
63A-16-211.
Report to the Legislature.
The division shall, in accordance with Section 63A-16-201, before November 1 each year, report to the 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).
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 3 - Information Technology Services and Rates › Section 301 - Cost based services -- Rates -- Submission to rate committee.

Effective 5/4/2022
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-16-302; 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 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-16-302.
(b) Each rate included in the schedule of 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 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 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 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, which analysis shall include a comparison of the division's rates with the rates of other public or private sector providers where comparable services and rates are reasonably available.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 3 - Information Technology Services and Rates › Section 302 - Executive branch agencies -- Subscription by institutions.

Effective 7/1/2021
63A-16-302.
Executive branch agencies -- Subscription by institutions.
(1) An executive branch agency in accordance with its agency information technology plan approved by the chief information officer shall:
(a) subscribe to the information technology services provided by the division; or
(b) contract with one or more alternate private providers of information technology services if the chief information officer determines that the purchase of the services from a private provider will:
(i) result in:
(A) cost savings;
(B) increased efficiency; or
(C) improved quality of services; and
(ii) not impair the interoperability of the state's information technology services.
(2) An institution of higher education may subscribe to the services provided by the division if:
(a) the president of the institution recommends that the institution subscribe to the services of the division; and
(b) the Utah Board of Higher Education determines that subscription to the services of the division will result in cost savings or increased efficiency to the institution.
(3) The following may subscribe to information technology services by requesting that the services be provided from the division:
(a) the legislative branch;
(b) the judicial branch;
(c) the State Board of Education;
(d) a political subdivision of the state;
(e) an agency of the federal government;
(f) an independent entity as defined in Section 63E-1-102; and
(g) an elective constitutional officer of the executive department as defined in Subsection 63A-16-102(5)(b)(vii).
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 3 - Information Technology Services and Rates › Section 302.1 - Reporting on consolidation of certain information technology services.

Effective 5/3/2023
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.
Enacted by Chapter 496, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 501 - Definitions.

Effective 5/4/2022
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) "State Geographic Information Database" means the database created in Section 63A-16-506.
(5) "Statewide Global Positioning Reference Network" or "network" means the network created in Section 63A-16-508.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 504 - Information technology plan.

Effective 5/4/2022
63A-16-504.
Information technology plan.
(1) In accordance with this section, the division shall submit an information technology plan to the chief information officer.
(2) The information technology plan submitted by the division under this section shall include:
(a) the information required by Section 63A-16-202;
(b) a list of the services the division offers or plans to offer; and
(c) a description of the performance measures used by the 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 division shall comply with Section 63A-16-203.
(b) The information technology plan submitted by the division under this section is subject to the approval of the chief information officer as provided in Section 63A-16-203.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 505 - Utah Geospatial Resource Center.

Effective 5/4/2022
63A-16-505.
Utah Geospatial Resource Center.
(1) There is created the Utah Geospatial Resource Center as part of the division.
(2) The center shall:
(a) provide geographic information system services to state agencies under rules 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).
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 506 - State Geographic Information Database.

Effective 5/3/2023
63A-16-506.
State Geographic Information Database.
(1) There is created a State Geographic Information Database to be managed by the center.
(2) The database shall:
(a) serve as the central reference for all information contained in any GIS database by any state agency;
(b) serve as a clearing house and repository for all data layers required by multiple users;
(c) serve as a standard format for geographic information acquired, purchased, or produced by any state agency;
(d) include an accurate representation of all civil subdivision boundaries of the state; and
(e) for each public highway, as defined in Section 72-1-102, in the state, include an accurate representation of the highway's centerline, physical characteristics, and associated street address ranges.
(3) The center shall, in coordination with municipalities, counties, emergency communications centers, and the Department of Transportation:
(a) develop the information described in Subsection (2)(e); and
(b) update the information described in Subsection (2)(e) in a timely manner after a county recorder records a final plat.
(4) The center, in coordination with county assessors and metropolitan planning organizations:
(a) shall inventory existing housing units and their general characteristics within each county of the first or second class to support infrastructure planning and economic development in each of those counties; and
(b) may inventory existing housing units and their general characteristics within one or more counties of the third, fourth, fifth, or sixth class to support infrastructure planning and economic development in one or more of those counties.
(5)
(a) The center shall, in coordination with the Governor's Office of Planning and Budget and county assessors, annually compile a statewide GIS database of all government-owned property parcels in internet-accessible, searchable, and map format.
(b) The database described in Subsection (5)(a) shall include a parcel's:
(i) number, if available;
(ii) owner;
(iii) location; and
(iv) size.
(6) Each state agency that acquires, purchases, or produces digital geographic information data shall:
(a) inform the center of the existence of the data layers and their geographic extent;
(b) allow the center access to all data classified public; and
(c) comply with any database requirements established by the center.
(7) At least annually, the State Tax Commission shall deliver to the center information the State Tax Commission receives under Section 67-1a-6.5 relating to the creation or modification of the boundaries of political subdivisions.
(8) The boundary of a political subdivision within the State Geographic Information Database is the official boundary of the political subdivision for purposes of meeting the needs of the United States Bureau of the Census in identifying the boundary of the political subdivision.
Amended by Chapter 197, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 508 - Statewide Global Positioning Reference Network created -- Rulemaking authority.

Effective 7/1/2021
63A-16-508.
Statewide Global Positioning Reference Network created -- Rulemaking authority.
(1)
(a) There is created the Statewide Global Positioning Reference Network to improve the quality of geographic information system data and the productivity, efficiency, and cost-effectiveness of government services.
(b) The network shall provide a system of permanently mounted, fully networked, global positioning system base stations that will provide real time radio navigation and establish a standard statewide coordinate reference system.
(c) The center shall administer the network.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the chief information officer shall make rules providing for operating policies and procedures for the network.
(b) When making rules under this section, the chief information officer shall consider:
(i) network development that serves a public purpose;
(ii) increased productivity and efficiency for state agencies; and
(iii) costs and longevity of the network.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 5 - Integrated Technology › Section 511 - Reporting to the Utah Cyber Center -- Assistance to governmental entities -- Records.

Effective 5/3/2023
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 63A-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.
Enacted by Chapter 496, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 6 - Utah Public Notice Website › Section 602 - Notice and training by the Division of Archives and Records Service.

Effective 5/3/2023
63A-16-602.
Notice and training by the Division of Archives and Records Service.
(1) The Division of Archives and Records Service shall provide notice of the provisions and requirements of this chapter to all public bodies that are subject to the provision of Subsection 52-4-202(3)(a).
(2) The Division of Archives and Records Service shall, as necessary, provide periodic training on the use of the website to public bodies that are authorized to post notice on the website.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 8 - Single Sign-on Portal › Section 801 - Definitions.

Effective 7/1/2021
63A-16-801.
Definitions.
As used in this part:
(1) "Business data" means data collected by the state about a person doing business in the state.
(2) "Single sign-on business portal" means the web portal described in Section 63A-16-802.
(3) "Single sign-on citizen portal" means the web portal described in Section 63A-16-803.
(4) "Web portal" means an Internet webpage that can be accessed by a person that enters the person's unique user information in order to access secure information.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 8 - Single Sign-on Portal › Section 802 - Single sign-on business portal -- Creation.

Effective 7/1/2021
63A-16-802.
Single sign-on business portal -- Creation.
(1) The division shall, in consultation with the entities described in Subsection (4), design and create a single sign-on business portal that is:
(a) a web portal through which a person may access data described in Subsection (2), as agreed upon by the entities described in Subsection (4); and
(b) secure, centralized, and interconnected.
(2) The division shall ensure that the single sign-on business portal allows a person doing business in the state to access, at a single point of entry, all relevant state-collected business data about the person, including information related to:
(a) business registration;
(b) workers' compensation;
(c) beginning December 1, 2020, tax liability and payment; and
(d) other information collected by the state that the department determines is relevant to a person doing business in the state.
(3) The division shall develop the single sign-on business portal:
(a) using an open platform that:
(i) facilitates participation in the web portal by a state entity;
(ii) allows for optional participation by a political subdivision of the state; and
(iii) contains a link to the State Tax Commission website; and
(b) in a manner that anticipates the creation of the single sign-on citizen portal described in Section 63A-16-803.
(4) In developing the single sign-on business portal, the division shall consult with:
(a) the Department of Commerce;
(b) the State Tax Commission;
(c) the Labor Commission;
(d) the Department of Workforce Services;
(e) the Governor's Office of Planning and Budget;
(f) the Utah League of Cities and Towns;
(g) the Utah Association of Counties; and
(h) the business community that is likely to use the single sign-on business portal.
(5) The division shall ensure that the single sign-on business portal is fully operational no later than May 1, 2021.
Renumbered and Amended by Chapter 344, 2021 General Session
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 8 - Single Sign-on Portal › Section 804 - Report.

Effective 5/4/2022
63A-16-804.
Report.
(1) The division shall report to the 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 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.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 9 - Technology Innovation Act › Section 901 - Definitions.

Effective 7/1/2021
63A-16-901.
Definitions.
As used in this part:
(1) "Executive branch agency" means a department, division, or other agency within the executive branch of state government.
(2) "Governor's budget office" means the Governor's Office of Planning and Budget, created in Section 63J-4-201.
(3) "Review board" means the Architecture Review Board established within the department.
(4) "Technology innovation" means a new information technology not previously in use or a substantial adaptation or modification of an existing information technology.
(5) "Technology proposal" means a proposal to implement a technology innovation designed to result in a greater efficiency in a government process or a cost saving in the delivery of a government service, or both.
Renumbered and Amended by Chapter 344, 2021 General Session
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 9 - Technology Innovation Act › Section 902 - Submitting a technology proposal -- Review process.

Effective 7/1/2021
63A-16-902.
Submitting a technology proposal -- Review process.
(1) Multiple executive branch agencies may jointly submit to the chief information officer a technology proposal, on a form or in a format specified by the division.
(2) The chief information officer shall transmit to the review board each technology proposal the chief information officer determines meets the form or format requirements of the division.
(3) The review board shall:
(a) conduct a technical review of a technology proposal transmitted by the chief information officer;
(b) determine whether the technology proposal merits further review and consideration by the chief information officer, based on the technology proposal's likelihood to:
(i) be capable of being implemented effectively; and
(ii) result in greater efficiency in a government process or a cost saving in the delivery of a government service, or both; and
(c) transmit a technology proposal to the chief information officer and to the governor's budget office, if the review board determines that the technology proposal merits further review and consideration by the chief information officer.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 9 - Technology Innovation Act › Section 903 - Chief information officer review and approval of technology proposals.

Effective 5/4/2022
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 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.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 16 - Utah Technology Governance Act › Part 10 - Criminal and Juvenile Justice Database › Section 1001 - Definitions.

Effective 5/3/2023
63A-16-1001.
Definitions.
As used in this part:
(1) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(2) "Criminal justice agency" means an agency or institution directly involved in the apprehension, prosecution, and incarceration of an individual involved in criminal activity, including law enforcement, correctional facilities, jails, courts, probation, and parole.
(3) "Database" means the criminal and juvenile justice database created in this part.
(4) "Division" means the Division of Technology Services created in Section 63A-16-103.
Amended by Chapter 161, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2022
63A-17-102.
Definitions.
As used in this chapter:
(1) "Agency" means any department or unit of Utah state government with authority to employ personnel.
(2) "Career service" means positions under schedule B as defined in Section 63A-17-301.
(3) "Career service employee" means an employee who has successfully completed a probationary period of service in a position covered by the career service.
(4) "Career service status" means status granted to employees who successfully complete probationary periods for competitive career service positions.
(5) "Classified service" means those positions subject to the classification and compensation provisions of Section 63A-17-307.
(6) "Controlled substance" means controlled substance as defined in Section 58-37-2.
(7)
(a) "Demotion" means a disciplinary action resulting in a reduction of an employee's current actual wage.
(b) "Demotion" does not mean:
(i) a nondisciplinary movement of an employee to another position without a reduction in the current actual wage; or
(ii) a reclassification of an employee's position under the provisions of Subsection 63A-17-307(3) and rules made by the department.
(8) "Director" means the director of the division.
(9) "Disability" means a physical or mental disability as defined and protected under the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
(10) "Division" means the Division of Human Resource Management, created in Section 63A-17-105.
(11) "Employee" means any individual in a paid status covered by the career service or classified service provisions of this chapter.
(12) "Examining instruments" means written or other types of proficiency tests.
(13) "Human resource function" means those duties and responsibilities specified:
(a) under Section 63A-17-106;
(b) under rules of the division; and
(c) under other state or federal statute.
(14) "Market comparability adjustment" means a salary range adjustment determined necessary through a market survey of salary data and other relevant information.
(15) "Probationary employee" means an employee serving a probationary period in a career service position but who does not have career service status.
(16) "Probationary period" means that period of time determined by the division that an employee serves in a career service position as part of the hiring process before career service status is granted to the employee.
(17) "Probationary status" means the status of an employee between the employee's hiring and the granting of career service status.
(18) "Structure adjustment" means a division modification of salary ranges.
(19) "Temporary employee" means career service exempt employees described in Subsection 63A-17-301(1)(r).
(20) "Total compensation" means salaries and wages, bonuses, paid leave, group insurance plans, retirement, and all other benefits offered to state employees as inducements to work for the state.
Amended by Chapter 209, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 103 - Principles guiding interpretation of chapter and adoption of rules -- Merit principles.

Effective 7/1/2021
63A-17-103.
Principles guiding interpretation of chapter and adoption of rules -- Merit principles.
(1) The division shall establish a career service system designed in a manner that will provide for the effective implementation of the following merit principles:
(a) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(b) providing for equitable and competitive compensation;
(c) training employees as needed to assure high-quality performance;
(d) retaining employees on the basis of the adequacy of their performance and separating employees whose inadequate performance cannot be corrected;
(e) fair treatment of applicants and employees in all aspects of human resource administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
(f) providing information to employees regarding their political rights and the prohibited practices under the Hatch Act; and
(g) providing a formal procedure for advancing grievances of employees:
(i) without discrimination, coercion, restraint, or reprisal; and
(ii) in a manner that is fair, expeditious, and inexpensive for the employee and the agency.
(2) The career service system described in Subsection (1) may not prescribe a minimum educational requirement for employment, except when a minimum educational qualification is legally required to perform the duties of the position.
(3) As part of the career service system described in Subsection (1), the department shall:
(a) consider comparable experience or ability as equal to education in determining a candidate's satisfaction of minimum qualifications, except when a minimum educational qualification is legally required to perform the duties of the position; and
(b) ensure that position descriptions and job postings published by agencies for career service positions are based on the specific skills and competencies required to perform those jobs.
(4) Within existing resources, the department shall create supporting materials that may be used by a political subdivision that chooses to implement competency-based hiring principles that are the same as or similar to those principles described in Subsections (2) and (3).
(5) The principles in Subsections (1) through (3) shall govern interpretation and implementation of this chapter.
Amended by Chapter 53, 2021 General Session
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 104 - Discriminatory or prohibited employment practices.

Effective 7/1/2021
63A-17-104.
Discriminatory or prohibited employment practices.
The state, the state's officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 105 - Division of Human Resource Management created -- Director -- Staff.

Effective 7/1/2021
63A-17-105.
Division of Human Resource Management created -- Director -- Staff.
(1) There is created within the department, the Division of Human Resource Management.
(2)
(a) The division shall be administered by a director appointed by the executive director, with the approval of the governor.
(b) The director shall be a person with experience in human resource management and shall be accountable to the executive director for the director's performance in office.
(3) The director shall advise the governor on human resource matters.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 107 - Services and fees -- Submission to rate committee.

Effective 5/4/2022
63A-17-107.
Services and fees -- Submission to rate committee.
The director shall, before charging a rate for services provided by the division's internal service fund to an executive branch agency:
(1) submit the proposed rates 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.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 108 - Severability of provisions -- Compliance with requirements for federally aided programs.

Effective 7/1/2021
63A-17-108.
Severability of provisions -- Compliance with requirements for federally aided programs.
(1) If any provision of this chapter or of any regulation or order issued thereunder or the application of any provision of this chapter to any person or circumstance is held invalid, the remainder of this chapter and the application of provision of this chapter or regulation or orders issued under it to persons or circumstances other than those to which it is held invalid shall still be regarded as having the force and effect of law.
(2) If any part of this chapter is found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, the conflicting part of this chapter shall be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such findings shall not affect the operation of the remainder of this chapter in its application to the agencies concerned.
(3) Notwithstanding any provisions in this chapter to the contrary, no regulation shall be adopted which would deprive the state or any of its departments or institutions of federal grants or other forms of financial assistance, and the rules and regulations promulgated hereunder shall include standards, provisions, terms, and conditions for personnel engaged in the administration of federally aided programs, which shall, in all respects, comply with the necessary requirements for a qualified human resource system under the standards applicable to personnel engaged in the administration of federally aided programs.
Renumbered and Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 17 - Utah State Personnel Management Act › Part 1 - General Provisions › Section 109 - Study of wildland fire related pay plans.

Effective 5/5/2021
63A-17-109.
Study of wildland fire related pay plans.
By no later than June 30, 2021, the division shall complete a comprehensive comparison of federal, state, and municipal wildland fire agencies or departments to recommend whether salary ranges should be adjusted for state employed wildland firefighters.
Enacted by Chapter 97, 2021 General Session
Technically renumbered for proper placement in title.