DAR File No. 39454

Administrative Services, Purchasing and General Services

Section R33-26-202

Disposal of State-Owned Surplus Electronic Data Devices

Notice of Proposed Rule

(Amendment)

DAR File No.: 39454
Filed: 06/19/2015 03:30:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to provide an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

Summary of the rule or change:

The addition of an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

State statutory or constitutional authorization for this rule:

• Title 63A, Chapter 2

Anticipated cost or savings to:

the state budget:

There are no anticipated costs of saving that are expected. The amendment to this rule simply adds an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

local governments:

There are no anticipated costs of saving that are expected. The amendment to this rule simply adds an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

small businesses:

There are no anticipated costs of saving that are expected. The amendment to this rule simply adds an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs of saving that are expected. The amendment to this rule simply adds an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

Compliance costs for affected persons:

There will be no compliance costs because the amendment simply adds an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated affects that this rule will have on businesses. The amendment to this rule simply add an exception for directors and other state officials regarding the gifting and selling of surplus state-owned electronic devices defined under this rule.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
• Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
• Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2015

This rule may become effective on:

08/21/2015

Authorized by:

Kimberly Hood, Executive Director

R33. Administrative Services, Purchasing and General Services.

R33-26. State Surplus Property.

R33-26-202. Disposal of State-Owned Surplus Electronic Data Devices.

(1) For the purpose of this rule, Electronic Data Device means an electronic device capable of downloading, storing or transferring State-owned data. Electronic Data Devices include:

(a) Computers;

(b) Tablets (iPads, Surface Pro, Google Nexus, Samsung Galaxy, etc.);

(c) Smart phones;

(d) Personal Digital Assistants (PDAs);

(e) Digital copiers and multifunction printers;

(f) Flash drives and other portable data storage devices; and

(g) Other similar devices.

(2) The State has determined that the security risk of a potential data breach resulting from the improper disposal or sale of an electronic data device, as defined in this rule, outweigh the potential revenue that may be received by the State from the sale of an electronic data device deemed surplus property. Therefore, the State has adopted this Administrative Rule regarding the proper disposal of State-owned surplus electronic data devices:

(a) Each State agency shall ensure that all surplus State-owned electronic data devices are disposed of in accordance with the following procedures.

(b) Surplus State-owned electronic devices defined under this Rule may not be sold or gifted by[via on-line auction or] any [other ]means.

(i) An exception for directors and other State officials may be granted by the Director of the Division of Purchasing after receiving documentation from:

(A) the Executive Director of Department of Technology Services certifying that all connectivity to sensitive, confidential, protected, and classified State data has been removed from the State-owned electronic data device and that the State-owned electronic data device no longer has access to the State's network; and

(B) the State Surplus Property Manager regarding the market value of the State-owned electronic data device.

(c) Surplus State-owned electronic data devices must be disposed of through the vendor under contract with the State, unless a separate contractual agreement has been entered into with the manufacturer or supplier of the device for proper destruction and disposal.

(d) The Division of Purchasing shall enter into a contract with a vendor for the destruction and proper disposal of all State-owned surplus electronic data devices.

(e) Proper disposal includes:

(i) Recycling components and parts after the State-owned electronic data device has been destroyed to the point that State-owned data cannot be retrieved;

(ii) Disposal in a landfill approved for electronic waste after the State-owned electronic data device has been destroyed to the point that State-owned data cannot be retrieved; or

(iii) Computers, digital copiers and multifunction printers that have had the hard drive destroyed may be resold by the contractor.

(f) State agencies shall request assistance from the Department of Technology Services (DTS) to destroy the hard drives of computers and other State-owned surplus electronic data devices purchased through DTS prior to the agency transferring the devices to the vendor under contract with the State.

(g) State agencies shall contact the vendor under contract with the State to destroy and properly dispose of all other State-owned surplus electronic data communication devices.

 

KEY: government purchasing, procurement rules, state surplus property, general procurement provisions

Date of Enactment or Last Substantive Amendment: [June 10, ]2015

Authorizing, and Implemented or Interpreted Law: 63A-2