Utah Code 63A-16-208. Delegation of division staff to executive branch agencies — Prohibition against executive branch agency information technology staff
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Terms Used In Utah Code 63A-16-208
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Chief information officer: means the chief information officer appointed under Section 63A-16-201. See Utah Code 63A-16-102
- Division: means the Division of Technology Services. See Utah Code 63A-16-102
- Enterprise architecture: means :(4)(a) information technology assets and functions that can be applied across state government, including:(4)(a)(i) mainframes, servers, desktop devices, peripherals, and other computing devices;(4)(a)(ii) networks;(4)(a)(iii) enterprise-wide applications;(4)(a)(iv) maintenance and help desk functions for common hardware and applications;(4)(a)(v) standards for other computing devices, operating systems, common applications, and software; and(4)(a)(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(4)(b) support for information technology that can be applied across state government, including:(4)(b)(i) technical support;(4)(b)(ii) master software licenses; and(4)(b)(iii) hardware and software standards. See Utah Code 63A-16-102
- Executive branch agency: means an agency or administrative subunit of state government. See Utah Code 63A-16-102
- Information technology: means all computerized and auxiliary automated information handling, including:
(8)(a) systems design and analysis;(8)(b) acquisition, storage, and conversion of data;(8)(c) computer programming;(8)(d) information storage and retrieval;(8)(e) voice, video, and data communications;(8)(f) requisite systems controls;(8)(g) simulation; and(8)(h) all related interactions between people and machines. See Utah Code 63A-16-102(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:(1)(a)(i) the agency’s unique mission-critical functions and applications;(1)(a)(ii) the agency’s participation in and use of statewide enterprise architecture; and(1)(a)(iii) the agency’s use of coordinated technology services with other agencies that share similar characteristics with the agency.(1)(b)(1)(b)(i) An agency may request the chief information officer to assign in-house staff support from the division.(1)(b)(ii) The chief information officer shall respond to the agency’s request for in-house staff support in accordance with Subsection (1)(a).(1)(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.(1)(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)(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:(2)(a)(i) the chief information officer has approved a delegation under Section 63A-16-207; and(2)(a)(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.(2)(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).