Bill Summary – FastDemocracy

Enrolled Copy                                                                               S.B. 19
              UTAH COMMUNICATIONS AUTHORITY MODIFICATIONS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                      Chief Sponsor: Wayne A. Harper House Sponsor: Cheryl K. Acton
 2
  LONG TITLE
  General Description:
      This bill amends provisions related to the Utah Communications Authority.
  Highlighted Provisions:
      This bill:
      ▸ combines into a single section various provisions concerning which statutes the Utah
  Communications Authority (authority) is subject to and exempt from;
      ▸ removes the advice and consent requirement for appointment of a member of the
  authority's board as chair of the board;
      ▸ combines reporting requirements related to the authority into a single section and
  consolidates certain reporting requirements;
      ▸ requires the authority to provide annual reports to the Retirement and Independent
  Entities Interim Committee;
      ▸ repeals outdated and obsolete provisions; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      63H-7a-103, as last amended by Laws of Utah 2020, Chapter 368
      63H-7a-104, as last amended by Laws of Utah 2022, Chapter 435
      63H-7a-201, as last amended by Laws of Utah 2017, Chapter 430
      63H-7a-203, as last amended by Laws of Utah 2019, Chapters 246, 509
     S.B. 19                                                                                Enrolled Copy
       63H-7a-205, as last amended by Laws of Utah 2020, Chapter 294
       63H-7a-206, as last amended by Laws of Utah 2020, Chapter 368
       63H-7a-301, as renumbered and amended by Laws of Utah 2015, Chapter 411
       63H-7a-303, as last amended by Laws of Utah 2020, Chapter 368
       63H-7a-304.5, as last amended by Laws of Utah 2023, Chapter 507
       63H-7a-401, as renumbered and amended by Laws of Utah 2015, Chapter 411
       63H-7a-501, as renumbered and amended by Laws of Utah 2015, Chapter 411
       63H-7a-601, as last amended by Laws of Utah 2017, Chapter 430
       63H-7a-804, as renumbered and amended by Laws of Utah 2015, Chapter 411
       63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
       69-2-204, as last amended by Laws of Utah 2023, Chapter 507
   REPEALS:
       63H-7a-101, as renumbered and amended by Laws of Utah 2015, Chapter 411
       63H-7a-206.5, as enacted by Laws of Utah 2020, Chapter 368
       63H-7a-800, as enacted by Laws of Utah 2015, Chapter 411
       63H-7a-803, as last amended by Laws of Utah 2022, Chapter 435
44
   Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 63H-7a-103 is amended to read:
           63H-7a-103 . Definitions.
           As used in this chapter:
   (1) "911 account" means the Unified Statewide 911 Emergency Service Account, created in
       Subsection 63H-7a-304(1).
   (2) "911 call transfer" means the redirection of a 911 call from the person who initially
       receives the call to another person within the state.
   [(3) "Association of governments" means an association of political subdivisions of the
       state, established pursuant to an interlocal agreement under Title 11, Chapter 13,
       Interlocal Cooperation Act.]
   [(4)] (3) "Authority" means the Utah Communications Authority created in Section
       63H-7a-201.
   [(5)] (4) "Backhaul network" means the portion of a public safety communications network
       that consists primarily of microwave paths, fiber lines, or ethernet circuits.
   [(6)] (5) "Board" means the Utah Communications Authority Board created in Section
       63H-7a-203.
                                                      -2-
     Enrolled Copy                                                                                  S.B. 19
  [(7)] (6) "CAD" means a computer-based system that aids PSAP dispatchers by automating
      selected dispatching and record-keeping activities.
  [(8)] (7) "CAD-to-CAD" means standardized connectivity between PSAPs or between a
      PSAP and a dispatch center for the transmission of data between CADs.
  [(9)] (8) "Dispatch center" means an entity that receives and responds to an emergency or
      nonemergency communication transferred to the entity from a public safety answering
      point.
  [(10)] (9) "FirstNet" means the federal First Responder Network Authority established in 47
      U.S.C. Sec. 1424.
  [(11)] (10) "Lease" means any lease, lease purchase, sublease, operating, management, or
      similar agreement.
  [(12)] (11) "Public agency" means any political subdivision of the state dispatched by a
      public safety answering point.
  [(13)] (12) "Public safety agency" means the same as that term defined in Section 69-2-102.
  [(14)] (13) "Public safety answering point" or "PSAP" means an entity in this state that:
      (a) receives, as a first point of contact, direct 911 emergency communications from the
          911 emergency service network requesting a public safety service;
      (b) has a facility with the equipment and staff necessary to receive the communication;
      (c) assesses, classifies, and prioritizes the communication; and
      (d) dispatches the communication to the proper responding agency.
  [(15)] (14) "Public safety communications network" means:
      (a) a regional or statewide public safety governmental communications network and
          related facilities, including real property, improvements, and equipment necessary for
          the acquisition, construction, and operation of the services and facilities; and
      (b) 911 emergency services, including radio communications, connectivity, and 911 call
          processing equipment.
        Section 2. Section 63H-7a-104 is amended to read:
        63H-7a-104 . Relation to certain acts.
  (1) The authority is exempt from:
      (a) Title 51, Chapter 5, Funds Consolidation Act;
      (b) except as provided in Subsection (5), Title 63A, Utah Government Operations Code;
          and
      [(c) Title 63A, Chapter 17, Utah State Personnel Management Act.]
      (c) Title 63G, Chapter 4, Administrative Procedures Act.
                                                    -3-
      S.B. 19                                                                               Enrolled Copy
   (2) The authority is subject to:
       (a) Title 52, Chapter 4, Open and Public Meetings Act;
       [(b) Section 67-3-12;]
       [(c)] (b) Title 63G, Chapter 2, Government Records Access and Management Act; [and]
       [(d)] (c) Title 63G, Chapter 6a, Utah Procurement Code[.] ;
       (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
       (e) Section 67-3-12.
   (3) The authority, the board, and the committee members are subject to Title 67, Chapter
       16, Utah Public Officers' and Employees' Ethics Act.
   (4) The board shall adopt procedures, accounting, and personnel and human resource
       policies substantially similar to those from which the authority is exempted under
       Subsection (1).
   (5) Subject to the requirements of Subsection 63E-1-304(2), the authority may participate in
       coverage under the Risk Management Fund created in Section 63A-4-201.
           Section 3. Section 63H-7a-201 is amended to read:
           63H-7a-201 . Utah Communications Authority established.
   [(1) This part is known as "Utah Communications Authority Governance."]
   (1) As used in this section, "independent state agency" means the same as that term is
       defined in Section 63E-1-102.
   (2) There is established the Utah Communications Authority as an independent state agency
       and not a division within any other department of the state.
   [(3) (a) The authority shall maintain an office in Salt Lake County.]
       [(b) The authority may establish additional branch offices outside of Salt Lake County
            with the approval of the board.]
           Section 4. Section 63H-7a-203 is amended to read:
           63H-7a-203 . Board established -- Terms -- Vacancies.
   (1) There is created the Utah Communications Authority Board.
   (2) The board shall consist of nine voting board members and two nonvoting board
       members as follows:
       (a) as voting members:
            (i) three individuals appointed by the governor with the advice and consent of the
                Senate;
            (ii) one individual who is not a legislator appointed by the speaker of the House of
                Representatives;
                                                      -4-
      Enrolled Copy                                                                                     S.B. 19
          (iii) one individual who is not a legislator appointed by the president of the Senate;
          (iv) two individuals nominated by an association that represents cities and towns in
              the state and appointed by the governor with the advice and consent of the Senate;
              and
          (v) two individuals nominated by an association that represents counties in the state
              and appointed by the governor with the advice and consent of the Senate; and
      (b) as nonvoting members, the chairs of the public safety advisory committee created in
          Section 63H-7a-207 and the PSAP advisory committee created in Section 63H-7a-208.
  (3) Subject to this section, an individual is eligible for appointment under Subsection (2) if
      the individual has knowledge of at least one of the following:
      (a) law enforcement;
      (b) public safety;
      (c) fire service;
      (d) telecommunications;
      (e) finance;
      (f) management; and
      (g) government.
  (4) An individual may not serve as a voting board member if the individual is a current
      public safety communications network:
      (a) user; or
      (b) vendor.
  (5) (a) (i) Five of the board members appointed under Subsection (2)(a) shall serve an
      initial term of two years and four of the board members appointed under
      Subsection (2)(a) shall serve an initial term of four years.
          (ii) Successor board members shall each serve a term of four years.
      (b) (i) The governor may remove a board member with cause.
          (ii) If the governor removes a board member the entity that appointed the board
              member under Subsection (2)(a) shall appoint a replacement board member in the
              same manner as described in Subsection (2)(a).
  (6) (a) The governor shall, after consultation with the board, appoint a voting board
      member as chair of the board [with the advice and consent of the Senate].
      (b) The chair shall serve a two-year term.
  (7) The board shall meet on an as-needed basis and as provided in the bylaws.
  (8) (a) The board shall elect one of the board members to serve as vice chair.
                                                      -5-
      S.B. 19                                                                                 Enrolled Copy
       (b) (i) The board may elect a secretary and treasurer who are not members of the
             board.
             (ii) If the board elects a secretary or treasurer who is not a member of the board, the
                 secretary or treasurer does not have voting power.
       (c) A separate individual shall hold the offices of chair, vice chair, secretary, and
             treasurer.
   (9) Except for the nonvoting members described in Subsection (2)(b), each board member,
       including the chair, has one vote.
   (10) A vote of a majority of the board members is necessary to take action on behalf of the
       board.
   (11) A board member may not receive compensation for the member's service on the board,
       but may, in accordance with rules adopted by the board in accordance with Title 63G,
       Chapter 3, Utah Administrative Rulemaking Act, receive:
       (a) a per diem at the rate established under Section 63A-3-106; and
       (b) travel expenses at the rate established under Section 63A-3-107.
           Section 5. Section 63H-7a-205 is amended to read:
           63H-7a-205 . Executive director -- Appointment -- Powers and duties.
           The executive director shall:
   (1) (a) serve at the pleasure of the board; and
       (b) act as the executive officer of the authority;
   (2) administer the duties, programs, and functions assigned to the authority;
   (3) recommend administrative rules and policies to the board;
   (4) execute contracts on behalf of the authority;
   (5) recommend to the board any changes in statutes affecting the authority;
   (6) recommend to the board an annual administrative budget covering administration,
       management, and operations of the authority;
   (7) with board approval, direct and control authority expenditures; and
   (8) within the limitations of the budget, employ personnel, consultants, a financial officer,
       and legal counsel to provide professional services and advice regarding the
       administration of the authority[; and] .
   [(9) submit and make available to the public a report before December of each year to the
       board, the Executive Offices and Criminal Justice Appropriations Subcommittee, and
       the Legislative Management Committee that includes:]
       [(a) the total aggregate surcharge collected by the state in the last fiscal year under Title
                                                        -6-
      Enrolled Copy                                                                                    S.B. 19
          69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;]
      [(b) the amount of each disbursement from the restricted accounts described in:]
          [(i) Section 63H-7a-303;]
          [(ii) Section 63H-7a-304; and]
          [(iii) Section 63H-7a-403;]
      [(c) the recipient of each disbursement, the goods and services received, and a description
          of the project funded by the disbursement;]
      [(d) any conditions placed by the authority on the disbursements from a restricted account;]
      [(e) the anticipated expenditures from the restricted accounts described in this chapter for
          the next fiscal year;]
      [(f) the amount of any unexpended funds carried forward;]
      [(g) the goals for implementation of the authority strategic plan and the progress report of
          accomplishments and updates to the plan; and]
      [(h) other relevant justification for ongoing support from the restricted accounts created by
          Sections 63H-7a-303, 63H-7a-304, and 63H-7a-403.]
        Section 6. Section 63H-7a-206 is amended to read:
        63H-7a-206 . Required annual reporting and strategic plan.
  (1) The authority shall create, maintain, and review annually a statewide, comprehensive
      multiyear strategic plan, in consultation with state and local stakeholders, the PSAP
      advisory committee, and the public safety advisory committee, that:
      (a) coordinates the authority's activities and duties in the:
          (i) 911 Division;
          (ii) Radio Network Division;
          (iii) Interoperability Division; and
          (iv) Administrative Services Division; and
      (b) includes:
          (i) a plan for maintaining, upgrading, and expanding the public safety
              communications network, including microwave and fiber optics based systems;
          (ii) a plan for statewide interoperability;
          (iii) a plan for statewide coordination;
          (iv) radio network coverage maps; and
          (v) FirstNet standards.
  (2) The executive director shall update the strategic plan described in Subsection (1) before
      July 1 of each year.
                                                      -7-
      S.B. 19                                                                                 Enrolled Copy
   (3) The executive director shall, before December 1 of each year, report on the strategic
       plan described in Subsection (1) to:
       (a) the board;
       (b) the Executive Offices and Criminal Justice Appropriations Subcommittee; [and]
       (c) the Legislative Management Committee[.] ; and
       (d) the Retirement and Independent Entities Interim Committee.
   (4) Each report described in Subsection (3) shall include a description of the authority's
       goals for implementation of the strategic plan and a progress report of accomplishments
       and updates to the strategic plan.
   [(4)] (5) The authority shall consider the strategic plan described in Subsection (1) before
       spending funds in the restricted accounts created by this chapter.
   (6) (a) Following the close of each fiscal year, the executive director shall submit and
       make available to the public an annual report of the authority's activities for the
       preceding year to the governor, the board, the Executive Offices and Criminal Justice
       Appropriations Subcommittee, the Legislative Ma