63A-1 - Department of Government Operations

Title 63A > 63A-1

Sections (17)

General Provisions

63A-1-101 - Title.

63A-1-101(1) This title is known as the “Utah Government Operations Code.” 63A-1-101(2) This chapter is known as “Department of Government Operations.”

63A-1-102 - Purposes.

The department shall: 63A-1-102(1) provide specialized agency support services commonly needed; 63A-1-102(2) provide effective, coordinated management of state government operations services; 63A-1-102(3) serve the public interest by providing services in a cost-effective and efficient manner, eliminating unnecessary duplication; 63A-1-102(4) enable administrators to respond effectively to technological improvements; 63A-1-102(5) emphasize the service role of state administrative service agencies in meeting the service needs of user agencies; 63A-1-102(6) use flexibility in meeting the service needs of state agencies; and 63A-1-102(7) protect the public interest by ensuring the integrity of the fiscal accounting procedures and policies that govern the operation of agencies and institutions to assure that funds are expended properly and lawfully.

63A-1-103 - Definitions.

As used in this title: 63A-1-103(1) “Agency” means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. 63A-1-103(2) “Department” means the Department of Government Operations. 63A-1-103(3) “Enterprise business management system” means the software system administered by the department to integrate, streamline, and centralize the department’s business operations related to:the state’s accounting system;payroll and human resources management;vendor management; andloan management and servicing. 63A-1-103(4) “Executive director” means the executive director of the Department of Government Operations.

63A-1-104 - Creation of department.

There is created within state government the Department of Government Operations, to be administered by an executive director.

63A-1-105 - Appointment of executive director — Compensation.

63A-1-105(1) The governor shall:

appoint the executive director with the advice and consent of the Senate; and establish the executive director’s salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. 63A-1-105(2) The executive director shall serve at the pleasure of the governor.

63A-1-105.5 - Rulemaking authority of executive director.

The executive director 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: 63A-1-105.5(1) services of the department; and 63A-1-105.5(2) the provision and use of services furnished to state agencies and institutions.

63A-1-106 - Federal assistance — Acceptance — Approval of applications — Expenditures necessary for eligibility.

63A-1-106(1) The executive director with the approval of the governor may accept on behalf of the state, and bind the state by that acceptance, any fund or service, advanced, offered, or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department. 63A-1-106(2) All applications for federal grants or other federal assistance in support of any program of the department are subject to the approval of the executive director. 63A-1-106(3) If any executive or legislative provisions of the federal government require the expenditure of state funds as a condition to participation by the state in any fund, property, or service, the executive director, with the governor’s approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by the department.

63A-1-107 - Administrative support to building ownership authority.

The executive director shall provide administrative support and staff services to the State Building Ownership Authority.

63A-1-108 - Powers and duties of other agencies assigned to executive director.

Powers and duties assigned by other provisions of this title to the Division of Finance, the Division of Facilities Construction and Management, or other agencies or divisions of the department, and not specifically assigned by this chapter, shall be assigned to the executive director with the approval of the governor.

63A-1-109 - Divisions of department — Administration.

63A-1-109(1) The department is composed of:

the following divisions: the Division of Purchasing and General Services, created in Section 63A-2-101; the Division of Finance, created in Section 63A-3-101; the Division of Facilities Construction and Management, created in Section 63A-5b-301; the Division of Fleet Operations, created in Section 63A-9-201; the Division of Archives and Records Service, created in Section 63A-12-101; the Division of Technology Services, created in Section 63A-16-103; the Division of Human Resource Management, created in Section 63A-17-105; and the Division of Risk Management, created in Section 63A-16-201; and the Office of Administrative Rules, created in Section 63G-3-401. 63A-1-109(2) Each division described in Subsection (1)(a) shall be administered and managed by a division director.

63A-1-109.5 - Department authority to operate the department, a division, or an office as an internal service fund agency.

63A-1-109.5(1) Subject to Subsection (2), Section 63A-1-114, and provisions governing internal service funds or internal service fund agencies under Title 63J, Chapter 1, Budgetary Procedures Act, the department may:operate the department as an internal service fund agency; oroperate a division or office described in Section 63A-1-109 as an internal service fund agency. 63A-1-109.5(2) The department may only operate the department as an internal service fund agency for the purpose of providing a service related to the enterprise business management system.If the department operates the department as an internal service fund agency in accordance with this section, the department shall, before charging a rate, fee, or other amount for a service provided by the department’s internal service fund to an executive branch agency, or to a subscriber of services other than an executive branch agency:submit the proposed rate, fee, or other amount and cost analysis to the rate committee established in Section 63A-1-114; andobtain the approval of the Legislature as required under Section 63J-1-410.

63A-1-111 - Service plans established by each division — Contents — Distribution.

63A-1-111(1) Each division and each office of the department shall formulate and establish service plans for each fiscal year. 63A-1-111(2) The service plans shall describe:

the services to be rendered to state agencies; the methods of providing those services; the standards of performance; and the performance measures used to gauge compliance with those standards. 63A-1-111(3) Before the beginning of each fiscal year, the service plans shall be distributed to each state agency that uses the services provided by that division.

63A-1-112 - Certificates of participation — Legislative approval required — Definition — Exception.

63A-1-112(1) Certificates of participation for either capital facilities or capital improvements may not be issued by the department, its subdivisions, or any other state agency after July 1, 1985, without prior legislative approval. Nothing in this section affects the rights and obligations surrounding certificates of participation that were issued prior to July 1, 1985. 63A-1-112(2) As used in this section, “certificate of participation” means an instrument that acts as evidence of the certificate holder’s undivided interest in property being lease-purchased, the payment on which is subject to appropriation by the Legislature. As used in this Subsection (2)(b), “performance efficiency agreement” means the same as that term is defined in Section 63A-5b-1001. “Certificate of participation” does not include a performance efficiency agreement.

63A-1-113 - Agency exempt from title.

The Utah Housing Corporation is exempt from this title.

63A-1-114 - Rate committee — Membership — Duties.

63A-1-114(1) 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.The department may not have a representative on the rate committee.The committee shall elect a chair from the committee’s members.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.The department shall provide staff services to the committee. 63A-1-114(2) A division described in Section 63A-1-109 that operates an internal service fund, or the department, if the department operates an internal service fund under Section 63A-1-109.5, shall submit to the rate committee:a proposed rate schedule for the goods or services rendered by the department or the division to:an executive branch entity; oran entity that subscribes to a service rendered by the department or the division; andother information or analysis requested by the rate committee. 63A-1-114(3) Subject to Subsection (4), the committee shall:conduct all meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act;meet at least once each calendar year to:discuss the service performance of each internal service fund; review the proposed rate schedules;at the rate committee’s discretion, approve, increase, or decrease the rate schedules described in Subsection (3)(b)(ii); anddiscuss any prior or potential adjustments to the service level received by state agencies that pay rates to an internal service fund; recommend a proposed rate schedule for each internal service fund to:the Governor’s Office of Planning and Budget; andeach legislative appropriations subcommittee that, in accordance with Section 63J-1-410, approves the internal service fund agency’s rates and budget; andreview and approve, increase, or decrease an interim rate when an internal service fund agency begins a new service or introduces a new product between annual general sessions of the Legislature. 63A-1-114(4) In addition to the meeting described in Subsection (3)(b), if an internal service fund agency submits a proposed increased rate schedule to the rate committee in accordance with Subsection 63J-1-410(4)(c), the committee shall, no later than 30 days after the day on which the committee receives the increased rate schedule, convene a meeting of the committee to:review the proposed increased rate schedule; andat the committee’s discretion, approve or reject the proposed increased rate schedule. 63A-1-114(5) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate that has been approved by the Legislature.

63A-1-116 - Appointment of coordinator of resource stewardship — Duties of the coordinator of resource stewardship.

63A-1-116(1) The executive director of the department shall appoint a state coordinator of resource stewardship and establish the coordinator of resource stewardship’s salary. 63A-1-116(2) The coordinator of resource stewardship shall report to the executive director or the executive director’s designee. 63A-1-116(3) The coordinator of resource stewardship shall:

work with agencies to implement best practices and stewardship measures to improve air quality; and make an annual report on best practices and stewardship efforts to improve air quality to the Natural Resources, Agriculture, and Environment Interim Committee. 63A-1-116(4) Each agency will retain absolute discretion whether or not to incorporate any of the practices or measures suggested by the coordinator.

63A-1-117 - Training and certification requirements.

The department shall 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: 63A-1-117(1) under this title; 63A-1-117(2) by the department; or 63A-1-117(3) by an agency or division within the department.