First Substitute S.B. 165

Senator Michael G. Waddoups proposes the following substitute bill:

1 PRODUCER AND AFFILIATE DISCLOSURE
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael G. Waddoups
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the State System of Higher Education Code and the State System of
11 Public Education Code.
12 Highlighted Provisions:
13 This bill:
14 . clarifies that institutions of higher education, public education, and charter schools
15 must follow the state procurement code when obtaining insurance policies; and
16 . beginning July 1, 2007, requires an institution of higher education, institutions of
17 public education, and charter schools to issue a request for proposal for insurance
18 policies at least once every two years.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 53A-3-426, Utah Code Annotated 1953

26 53B-2-110, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-3-426 is enacted to read:
30 53A-3-426. Restrictions on procurement of insurance policies.
31 (1) For purposes of this section:
32 (a) "consultant" is defined in Section 31A-1-301 ; and
33 (b) "insurance policies" means any insurance business as defined in Section
34 31A-1-301 .
35 (2) (a) Beginning July 1, 2007, school districts and charter schools shall, at least once
36 every 2 years, issue a request for proposal under the provisions of Title 63, Chapter 56, Utah
37 Procurement Code for:
38 (i) insurance policies provided by or paid by the school district or charter school; and
39 (ii) any consultants used by the school district or charter school to assist the institution
40 with the procurement process required by Subsection (2)(a)(i).
41 (b) Any actual or prospective bidder, offeror or contractor who is aggrieved in
42 connection with the procurement process required by this section and Title 63, Chapter 56,
43 Utah Procurement Code may protest to the chief procurement officer under the provisions of
44 Title 56, Chapter 56, Part 8, Legal and Contractual Remedies.
45 (3) This section does not apply to workers' compensation insurance as defined in
46 Section 31A-1-301 .
47 Section 2. Section 53B-2-110 is enacted to read:
48 53B-2-110. Restrictions on procurement of insurance policies.
49 (1) For purposes of this section:
50 (a) "consultant" is defined in Section 31A-1-301 ; and
51 (b) "insurance policies" means any insurance business as defined in Section
52 31A-1-301 .
53 (2) (a) Beginning July 1, 2007, an institution of higher education shall, at least once
54 every two years, issue a request for proposal under the provisions of Title 63, Chapter 56, Utah
55 Procurement Code for:
56 (i) insurance policies purchased by or offered through the institution of higher

57 education; and
58 (ii) any consultants used by the institution of higher education to assist the institution
59 with the procurement process required by Subsection (2)(a)(i).
60 (b) Any actual or prospective bidder, offeror or contractor who is aggrieved in
61 connection with the procurement process required by this section and Title 63, Chapter 56,
62 Utah Procurement Code may protest to the chief procurement officer under the provisions of
63 Title 56, Chapter 56, Part 8, Legal and Contractual Remedies.
64 (3) This section does not apply to worker's compensation insurance as defined in
65 Section 31A-1-301 .